Provisional Rules Under Land Act, 1923. (Sections 19 To 23). The Rules Publication Act, 1893.


[Extract from Iris Oifigiúil of August 24, 1923.]

NOTICE is hereby given, in accordance with the provisions on the Rules Publication Act, 1893, that the Irish Land Commission propose to make the Rules set out in the Schedule hereto, the same having, by order of the said Commission, bearing date the 18th day of August, 1923, been made to come into immediate operation as Provisional Rules, and to continue in force until Rules shall have been made in accordance with the provisions of the Rules Publication Act.

And notice is hereby given, that copies of such Rules, as Draft Rules under the same Act, may be purchased from Messrs. Eason and Son, 40 and 41 Lower O'Connell Street, Dublin.

Dated this 18th day of August, 1923.

JOHN T. DRENNAN,

Secretary.

IRISH LAND COMMISSION.

PROVISIONAL RULES UNDER THE LAND ACT, 1923.

(Sections 19 to 23.)

THE Irish Land Commission after consultation with the President of the Incorporated Law Society of Ireland hereby certify that for the purpose of bringing the Land Act, 1923 , into operation it is necessary that the Rules set forth in the Schedule hereto should come into immediate operation and accordingly hereby Order pursuant to the power in that behalf conferred by section two of the Rules Publication Act, 1893, and all other powers them thereunto enabling that such Rules come into operation forthwith as Provisional Rules and continue in force until Rules shall have been made in accordance with the provisions of the Rules Publication Act.

Dated this 18th day of August, 1923.

(Signed) W. E. WYLIE.

THE SCHEDULE REFERRED TO.

RULES UNDER SECTIONS 19 TO 23 OF THE LAND ACT, 1923 .

The 18th day of August, 1923.

IN pursuance of the provisions of Section 76 of the Land Act, 1923 , the Land Commission, after consultation with the President of the Incorporated Law Society of Ireland, hereby Order that the following rules shall from and after this date and until further order be in force in relation to all proceedings for the purpose of carrying into effect the provisions of Sections 19 to 23 of the said Act.

Compounded Arrears of Rent and Payment in lieu of Rent.

1. The particulars to be furnished by a landlord or by a person receiving rent and profits on his behalf shall be in the Form No. 1 in the Appendix hereto and shall be accompanied by a declaration in Form A.1 or A.2, as the case may be. The Form and declaration will be furnished by the Land Commission on application being made either personally or by letter and applicants must state the name of the landlord, the County in which the Estate is situated, and the number of tenants.

2. The Form of particulars duly verified shall be lodged within one month from the publication in Iris Oifigiúil of a notice requiring the lodgment thereof.

3. If any tenant questions the accuracy of the particulars furnished by his landlord he shall within fourteen days from the receipt by him of a demand from the Land Commission to pay compounded arrears of rent or payment in lieu of rent lodge with the Land Commission a notice in writing of his objection, provided that the time for lodgment of the objection by a tenant on the grounds that particulars of his holding have not been furnished by his landlord shall be within one year from the date of the passing of the Act.

4. A copy of the notice of objection shall be furnished by the Land Commission to the landlord and, if the objection is not otherwise disposed of, it shall be listed for hearing before the Land Commission (other than the Judicial Commissioner) or, if the objection is restricted either to a claim that an abated rent was in fact an agreement for a new rent or to the amount from which the deduction of 25 per cent. is to be made in ascertaining compounded arrears of rent or payment in lieu of rent, it shall be listed before the Judicial Commissioner.

5. A request by a tenant owing not less than three years' arrears of rent at the date of the passing of the Act to have one half-year's compounded arrears of rent added to his purchase money shall be made in writing and shall be signed by him or some person thereunto lawfully authorised on his behalf and attested by one witness.

6. Compounded Arrears of Rent and Payment in lieu of Rent shall be collected by the Land Commission by means of Receivable Orders issued by the Land Commission to the tenants.

7. Payment of the net amount due in respect of Compounded Arrears of Rent collected by the Land Commission shall be made by the Commission to the person or persons entitled thereto as soon as possible after the compounded arrears have been collected and the Land Commission shall furnish such person or persons with particulars of the amounts collected and of the deductions made therefrom in respect of Income Tax and costs of collection.

8. The half-yearly instalments payable by the Land Commission in respect of payment in lieu of rent shall be paid to the person or persons entitled thereto within three months after the termination of the half-year in respect of which payment in lieu of rent is payable by the tenants and the Land Commission shall furnish such person or persons with particulars of the manner in which the sum paid is arrived at.

9. An application by a person other than the landlord claiming payment from the Land Commission out of the compounded arrears of rent or payment in lieu of rent shall be made to the Land Commission by motion on notice not less than seven clear days from the service thereof on the parties affected thereby and shall be grounded on an Affidavit made by the applicant or some person on his behalf having knowledge of the facts setting forth particulars of his claim and the reason why the order asked for should be made.

10. An application to appoint a person to be administrator to a deceased tenant or to nominate a person to represent a tenant limited to the purposes of all proceedings under the Act in relation to the holding up to the appointed day shall be made to the Land Commission (other than the Judicial Commissioner) and shall be supported by an Affidavit proving the death or absence of the tenant as the case may be and all other relevant facts and giving the names and addresses so far as known of all persons interested in the tenant's holding and evidence of the fitness of the person proposed to he appointed as administrator or representative and of his consent so to act.

Where no application is made by any person to be appointed an administrator or to be nominated as aforesaid the Land Commission after notifying such persons as appear to them to be interested in the holding of the tenant and after hearing such objections as may be received or, if no objections have been received, then within fourteen days after such notice has been issued may appoint as administrator or nominate such person as they may think fit to represent such deceased or absent tenant for the purposes aforesaid.

11. The Land Commission shall have power to enlarge or abridge the time appointed by these Rules for doing any act, or taking any proceedings, upon such terms, if any, as the justice of the case may require, and any such enlargement may be applied for and ordered after the expiration of the time appointed or allowed.

(Signed) W. E. WYLIE.

Exhibit ………………referred to

FORM No. 1

in Affidavit of…………………..,

sworn, before me this……..day of

ARREARS. Letter……………

…………………….192

(for use in Land Commission Office only.)

District Justice, or Commissioner

IRISH LAND COMMISSION.— LAND ACT, 1923 .

for Oaths, or Peace Commissioner.

SCHEDULE referred to in accompanying DECLARATION of……….….

ESTATE OF…………………………………………...

COUNTY…………………………………………….

Is the Estate subject to Hanging Gale custom?…………………

No. 1 TENANT'S NAME(If female state whether widow, spinster or wife of—) 2 Postal Address 3 Townland 4 Nature of Tenure. If Judicial Rent give date of Order or Agreement when last fixed. If Non-Judicial give particulars. 5 Annual Rent 6 £ s. d. Gale-days 7 HALF-YEARLY RENTS DUE ON 1920 2nd Gale 8 £ s. d. 1921 1st Gale 9 £ s. d. 2nd Gale 10 £ s. d. 1922 1st Gale 11 £s. d. 2nd Gale 12 £ s. d. 1923 1st Gale 13 £ s. d. Total 14 £ s. d. Payments made by Tenant after the Second Gale-day of 1920 15 £ s. d. Balance due, being the amount in Col. 14 less the amount in Col. 15 16 £ s. d. FOR USE IN LAND COMMISSION OFFICE ONLY 1st year's compounded arrears of rent Amount 17 £ s. d. Date of Receipt 18 2nd year's compounded arrears of rent Amount 19 £ s. d. Date of Receipt 20 3rd year's compounded arrears of rent Amount 21 £ s. d. Date of Receipt 22

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NOTE.—The particulars of all tenancies to which the Act applies, whether the tenants are in arrear or not, must be given.

FORM A.1.

IRISH LAND COMMISSION.

LAND ACT, 1923 .

DECLARATION BY LANDLORD OF RENTS AND OF ARREARS OF RENTS.

Estate..............................

County.......................….

I...........................hereby make oath and declare that the names of the Tenants and the Rents payable by them are correctly set out in the accompanying Schedule (lettered............).

That the Arrears of Rent and the persons by whom they are due are also correctly set out in the same Schedule.

That a hanging gale is [is not] customary on the Estate.

That the person entitled to receive such Arrears of Rent is……..............................and to receive payment in lieu of rent is.................................

Sworn before me this...……........day of..........................., 1923, at..…………................ in the County of....................., and I know the deponent.

Landlord's Signature............................………………………

Address………………………………………..............

………………………………………..

District Justice, or Commissioner

for Oaths, or Peace Commissioner.

If it is desired to have payment made to an Agent the Form of Request attached should be used.

Strike out words not applicable.

(Arrears of Rent and Payment in lieu of Rent.)

IRISH LAND COMMISSION.

Estate of...............................

County of..............................

I [or] WE hereby request that the Compounded Arrears of Rent and Payment in lieu of Rent collected under the provisions of the Land Act, 1923 , in respect of the above Estate may be paid to........……........... of......…….............in the County of.…....................

Dated this.........………..day of……………........................, 192 .

Signature of Landlord.....…………………............................

Witness present.…………......................

This Form, when duly completed, should be forwarded to the Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin.

It is requested that the correct name and postal address of the proposed Payee may be inserted.

FORM A.2.

IRISH LAND COMMISSION.

LAND ACT, 1923 .

DECLARATION BY LANDLORD'S AGENT OF RENTS AND ARREARS OF RENT.

Estate of..............................

County of.............................

I,...........................hereby make oath and declare that the names of the Tenants and the Rents payable by them are correctly set out in the accompanying Schedule (lettered...............).

That the Arrears of Rent and the persons by whom they are due are also correctly set out in the same Schedule.

That a hanging gale is [is not] customary on the Estate.

That Rent and Arrears of Rent are receivable by me as the Accredited Agent of the Owner of the above Estate.

Agent's Signature..............…...................

Agent's Address.......................................

Sworn before me this....……………..day of................………………., 1923, at..............………………….......in the County of………..................., and I know the Deponent.

……………………………………

District Justice, or Commissioner

for Oaths, or Peace Commissioner.

Strike out words not applicable.