The Rules Publication Act, 1893.

IRISH LAND COMMISSION. PROVISIONAL RULES UNDER LAND ACT, 1923. 26/09/1923: LAND ACT, 1923 - PROVISIONAL RULES

[Extract from Iris Oifigiúil of 2nd October, 1923.]

NOTICE is hereby given, in accordance with the provisions of 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 26th day of September, 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 26th day of September, 1923.

JOHN T. DRENNAN, Secretary.

IRISH LAND COMMISSION.

PROVISIONAL RULES UNDER THE LAND ACT, 1923.

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.

THE SCHEDULE REFERRED TO.

RULES UNDER THE LAND ACT, 1923 .

The 26th day of September, 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 the said Act.

These Rules are in addition to the Provisional Rules made on the 18th day of August, 1923, and the 18th day of September, 1923, and shall be read therewith.

RELIEF OF CONGESTION.

Section 24 (3).

1. A declaration by the Land Commission pursuant to subsection (3) of Section 24 that land otherwise excluded from the operation of that section is required for the purpose of relieving congestion shall be published in the Iris Oifigiúil and in one newspaper circulating in the district in which the land is situate and shall be served by registered post on all such persons as appear to them to be interested in the said land.

Section 24 (3) (5).

2. Any person aggrieved by a declaration of the Land Commission acquiring land for the relief of congestion may, within one month from the date of the publication of such declaration in the Iris Oifigiúil, serve Notice of Appeal to the Judicial Commissioner, which shall set forth the grounds of objection, and may be in the Form S in the Appendix hereto and shall be lodged with the Registrar of the Land Commission.

Such Appeal may thereupon be listed for hearing at any time after the expiration of 14 days from the lodgment of such Notice.

Section 24 (4) (a).

3. An application by the proprietor or tenant of a holding of which a part only is declared to be required for the relief of congestion, that the entire holding be so declared may be in the Form T in the Appendix hereto, and shall be lodged in the Purchase Branch of the Land Commission within one month from the date of the publication of the declaration.

Section 24 (4) (b).

4. An application by the proprietor or tenant of a holding declared to be required for the relief of congestion to be provided with a new holding may be in the Form U in the Appendix hereto and shall be lodged in the Purchase Branch of the Land Commission within one month from the date of the publication of the declaration.

Section 24 (4) (b).

5. An offer by the Land Commission to provide the proprietor or tenant of a holding declared to be required for the relief of congestion with a new holding shall contain particulars of the situation and area thereof and of the terms and conditions on which it is offered. The offer accompanied by a map of the lands set out therein shall be sent by registered post addressed to the said proprietor or tenant. If an appeal to the Judicial Commissioner on the question of the suitability or value of the holding so offered is not taken within one month from the date of the offer it shall be deemed to have been accepted.

Section 24 (4) (b).

6. A proprietor or tenant of a holding aggrieved by a decision of the Land Commission as to the suitability or value of a new holding proposed to be provided for him who desires to appeal therefrom shall within one month from the date on which the Land Commission offer in writing to provide such new holding serve notice of appeal to the Judicial Commissioner which notice may be in the Form V in the appendix hereto and shall be lodged in duplicate with the Registrar of the Land Commission. Such appeal may thereupon be listed for hearing at any time after the expiration of 14 days from the lodgement of such notice.

FORM S.

IRISH LAND COMMISSION.

LAND ACT, 1923 .

SECTION 24 (3) (5).

Notice of Appeal to the Judicial Commissioner.

Estate of......................................………………........

County...………………..………................ Record No......................

I am aggrieved by a declaration of the Land Commission published in the Iris Oifigiúil on the.........day of ........................... 192...... that the land set out in the Schedule hereto is required for the purpose of relieving congestion, and I require the matter to be heard and determined by the Judicial Commissioner.

This Notice of Appeal is intended to be prosecuted on the ground (here state definitely the ground or grounds of appeal to be relied on).

Dated this............day of..............................192......

(To be signed by the Appellant or by his Solicitor).

SCHEDULE.

To

The Registrar of the Land Commission.

(To be lodged in duplicate).

FORM T.

IRISH LAND COMMISSION.

LAND ACT, 1923 : SECTION 24 (4) (a).

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

County..........………........................  Record No......................

The Land Commission having declared that portion of the holding in the Townland of................Barony of................ and County of..........containing..........A.........R.........P......... the subject of........................ (Folio No.............of the Register, Co...............................) or (a purchase agreement in the Estate of...........................Record No. E.C............................, lodged with the Land Commission on................................. .....19.....) is required for the purpose of relieving congestion.

I...............................................of............................................................ ........... being the (proprietor) or (tenant) of the said holding hereby require that the entire holding be so declared.

Dated this............day of..............................192......

To

The Irish Land Commission.

FORM U.

IRISH LAND COMMISSION.

LAND ACT, 1923 : SECTION 24 (4) (b).

The Land Commission having declared that the holding in the Townland of................................. Barony of........................ and County of........................containing.........A.................R.........P the subject of .......................... (Folio No.......of the Register, Co...............................), or (a purchase agreement in the Estate of.......................................... Record No. E.C......................, lodged with the Land Commission on ..............................19......) is required for the purpose of relieving congestion.

I,................................................of............................................................ ...being the (proprietor) or (tenant) of the said holding, hereby require the Irish Land Commission to provide me as soon as practicable with a new holding equally suitable for me, and of not less value than the declared land.

Dated this............day of.................................. 192......

To

The Irish Land Commission.

FORM V.

IRISH LAND COMMISSION.

LAND ACT, 1923 : SECTION 24 (4) (b).

Notice of Appeal to the Judicial Commissioner.

I am aggrieved by the decision of the Land Commission (other than the Judicial Commissioner) that in their opinion a new holding offered to me is equally suitable for me and of not less value than my holding in the Townland of .................. Barony of ............... and County of ....................., which has been declared to be required for the relief of congestion, and I require the matter to be heard and determined by the Judicial Commissioner.

This Notice of Appeal is intended to be prosecuted on the ground (here state definitely the ground or grounds of appeal intended to be relied on).

Dated this............day of...........................192.......

(To be signed by the Appellant or by his Solicitor).

To

The Registrar of the Land Commission

(to be lodged in duplicate).