S.I. No. 40/1951 - Turbary Rights Order, 1951.

S.I. No. 40 of 1951.

TURBARY RIGHTS ORDER, 1951.

The Government, in exercise of the powers conferred on them by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946), and of every and any other power them in this behalf enabling, hereby order as follows :—

1. This Order may be cited as the Turbary Rights Order, 1951.

2. In this Order—

the word " bog-land " means land consisting wholly or mainly of land on or under the surface of which there is turf ;

the expression " right of turbary," in relation to bogland, means a right to cut and carry away turf from the bog-land and includes the right of preparing and storing on the bog-land any turf cut therefrom ;

the word " owner," in relation to bog-land, means a person having such an estate in that bogland as entitles him to grant rights of turbary over it.

3. This Order shall not apply in respect of bog-land acquired or deemed to have been acquired under the Emergency Powers (No. 310) Order, 1944 (S. R. & O. No. 51 of 1944).

4. The following provisions shall apply with respect to the price to be charged for a right of turbary (in this Article referred to as the new right) over bog-land, exercisable for a particular period, that is to say—

(a) in case evidence is forthcoming of both the following facts :—

(i) that a right of turbary (in this Article referred to as the 1947 right) over such bog-land was exercisable for a like period falling wholly within the year 1947 or partly within that year and partly within any subsequent year, and

(ii) the price charged for the 1947 right, then, the price to be charged for the new right shall not exceed the price charged for the 1947 right ;

(b) in any other case, the price to be charged for the new right shall not exceed the price which the owner of such bog-land might, in the year 1947, having regard to the prices then obtaining in respect of similar rights, reasonably have expected for the grant of a right of turbary for a like period over such bog-land.

5. The following provisions shall apply with respect to the price to be charged for a right of turbary (in this Article referred to as the new right) of a particular kind (not being a right of turbary to which Article 4 of this Order applies) over bog-land, that is to say—

(a) in case evidence is forthcoming of both the following facts—

(i) that a right of turbary (in this paragraph referred to as the 1947 right) of that kind over such bog-land was exercisable wholly within the year 1947 or partly within that year and partly within any subsequent year, and

(ii) the price charged for the 1947 right,

then, the price to be charged for the new right shall not exceed the price charged for the 1947 right ;

(b) in case evidence is forthcoming of both the following facts—

(i) that two or more rights of turbary (in this paragraph referred to as the 1947 rights) of that kind over such bog-land were exercisable wholly within the year 1947 or partly within that year and partly within any subsequent year, and

(ii) the price charged for any one or more of the 1947 rights,

then, the price to be charged for the new right shall not exceed the price charged for such one of the 1947 rights (in respect of which evidence of both the said facts is forthcoming) as was first granted ;

(c) in any other case, the price to be charged for the new right shall not exceed the price which the owner of such bog-land might, in the year 1947, having regard to the prices then obtaining in respect of similar rights, reasonably have expected for the grant of a right of turbary of that kind over such bog-land.

6. Where any sum is paid for a right of turbary over bogland, in excess of the price chargeable therefor under this Order, such sum shall be recoverable, as a simple contract debt in any court of competent jurisdiction, from the owner of such bog-land or his legal personal representative by the person by whom it was paid or his legal personal representative.

7.—(1) Where a Minister is of opinion that the owner of any bog-land has unreasonably refused to grant rights of turbary over such bog-land, the Minister may serve on the said owner a notice requiring him, within a specified time, to grant to a specified extent rights of turbary over such bog-land at prices not exceeding those chargeable under this order.

(2) Where a notice is served on a person under paragraph (1) of this Article such person shall comply with the notice.

(3) Where a person, upon whom a notice is served under paragraph (1) of this Article, is charged with an offence (based on his failure to comply with the notice) under section 6 of the Supplies and Services (Temporary Provisions) Act, 1946 , it shall be a good defence to such charge if he proves that he took all reasonable steps to comply with the notice and that his failure to comply with the notice was due to circumstances over which he had no control.

8. No person shall hold or cause to be held a public auction of any right of turbary.

GIVEN UNDER the Official Seal of the Government this 9th day of February, 1951.

(Signed) JOHN A. COSTELLO,

Taoiseach.