Provisional Rules Under The Land Purchase Acts Amending The Provisional Rules Dated 5Th February, 1924.

IRISH LAND COMMISSION. 30/04/1925: LAND PURCHASE ACT - PROVISIONAL RULES

30th day of April, 1925.

It is this day ordered by the Irish Land Commission in pursuance of the powers conferred by sub-section 6 of Section 29 of the Purchase of Land (Ireland) Act, 1891, and Section 76 of the Land Act, 1923 , and of every other power the said Commission thereunto enabling, and after consultation with the President of the Incorporated Law Society of Ireland, as follows :—

1. Rule 1 of Order IV. of the Provisional Rules under the Land Purchase Acts, dated 5th February, 1924 (hereinafter referred to as the Rules of 1924), shall be amended by deleting the words " or with power of sale " in the two places in which such words occur.

2. Order VIII. of the Rules of 1924 shall be amended by the addition of the following Rule :—

When railway or canal intersects or bounds the land, certificate from Company to be obtained.

8. When a railway or navigation canal intersects or bounds the land shown on any map lodged for the purpose of sale, the Owner or his solicitor, when so required, shall obtain from the Railway or Canal Company a certificate to the effect that the land, as shown on the map, does not encroach on the property of such Company, or of the particulars of any alleged encroachment : provided such certificate shall be dispensed with in any case in which such Company shall refuse such certificate, or demand payment of a fee for the same, or neglect to give the certificate within a reasonable time from the date of application therefor.

3. Rule 6 of Order IX. of the Rules of 1924 is hereby rescinded, and the following Rule is substituted therefor :—

6. A general notice to claimants in Form 10, unless dispensed with, shall be lodged for signature, together with the Statement of Ownership, and a copy thereof shall forthwith be transmitted by the Owner or his Solicitor through the Notice Office to any person (other than the Superintendent of the Quit Rent Office, the Land Commission, or the Commissioners of Public Works) named in the statement as entitled to any superior interest, charge or incumbrance which would attach to the purchase money of the land. The notice shall also be served upon such other persons, and shall be published in such manner as may be directed. Provided should the total purchase money of the land comprised in the statement not exceed £500, any notice to claimants that may be necessary shall be prepared, published and transmitted by the Land Commission.

4. Rule 2 of Order XXIV. of the Rules of 1924 shall be amended by deleting the words " the Chancery Division of " in the third line of the Rule.

5. Order XXXIX. of the Rules of 1924 is hereby rescinded, and the following Order is substituted therefor :—

ORDER XXXIX.

SUB-TENANCIES UNDER SECTION 26 of THE LAND ACT, 1923 .

Land Commission to serve notice.

1. When the whole or part of a holding of tenanted land which will become vested in the Land Commission on the appointed day is sublet within the meaning of Section 26 of the Land Act, 1923 , the Land Commission shall serve personally or by registered post upon (1) the Owner, (2) the person appearing to be the tenant of the holding, and (3) each person appearing to be in occupation as sub-tenant, or upon the solicitors for such of the aforesaid persons as may be represented by solicitor, a notice of the intended application of the said section, and of the proposed apportionment if apportionment of rent be necessary.

Objection t notice.

2. At any time within 14 days after the service of the notice prescribed by Rule 1 of this Order, any person served with the notice may lodge an objection thereto in the Purchase Branch. The objection shall be in writing headed and entitled as in the notice, shall state the grounds of the objection, and shall be signed by the objector or his solicitor. Unless it shall appear to the Land Commission that there is no substance in the objection, a copy thereof, or a notification of lodgment of the same, shall be furnished by the Land Commission to the other parties appearing to be interested or their respective solicitors, and, if not otherwise disposed of, the objection shall be listed for hearing on notice to the parties.

Appeal to the Judicial Commissioner

3. Any person wishing to appeal to the Judicial Commissioner from the decision of the Land Commission on such objection shall serve notice of appeal within 14 days from the date of such decision on the other interested parties, and within 10 days from the date of such service, or of the last of such services if more than one, shall lodge with the Registrar a copy of the notice of appeal, endorsed with the time and mode of service on the interested parties.

Fixing price of intervening interest by consent.

4. When the 14 days mentioned in Rule 2 of this Order shall have expired, and any objection that may have been lodged shall have been disposed of, a consent between the Owner of the estate and the owner of the intervening interest fixing the price (which should not contain any fraction of a pound) of such interest may be lodged with the Registrar at any time until the expiration of 14 days from the appointed day for the vesting of the land in the Land Commission. Such consent shall be in Form 53, and the signatures thereto shall be verified by the affidavit of the attesting witness, unless the consent is signed or witnessed by the solicitor for the consenting party.

Examiner may act on consent fixing price of intervening interest.

5. When a consent fixing the price of an intervening interest has been lodged, if the Examiner is satisfied that it has been signed by the proper parties, and that no question arises requiring the direction of the Judicial Commissioner, he may note the consent on the Allocation Schedule, and the vouching of the claim may proceed.

Extinguishment of intervening interest, and fixing of price in absence of consent and where value is £30 and under.

6. If no consent be lodged within the time prescribed by Rule 4 of this Order, the particulars available in respect of the intervening interest shall be laid before the Judicial Commissioner for his consideration, and should it appear to him prima facie that such interest is of no appreciable value to the person entitled thereto, or that the value thereof does not exceed £30, the Land Commission shall serve personally or by registered post upon the Owner and upon the tenant appearing to be entitled to the intervening interest, or their respective solicitors, a notice to the effect that an order will be made declaring the intervening interest to be extinguished, or specifying the sum which the Judicial Commissioner will fix as the redemption price, as the case may be, unless a requisition for a hearing be lodged within 14 days after the service. A requisition for a hearing to have the redemption price of the intervening interest fixed shall be in Form 54, and shall be lodged in the Registrar's Office. If such requisition be lodged without reasonable cause, or the person lodging the same fails to attend or be represented at the hearing, he may be ordered to pay any costs incurred in consequence of the lodgment of the requisition.

If no requisition be lodged within the time hereinbefore limited, the Registrar shall make up the order declaring the intervening interest to be extinguished, or fixing the redemption price thereof, as the case may be.

In other cases price of intervening interest to be fixed on ruling of Allocation Schedule.

7. In any case not hereinbefore provided for, the redemption price of an intervening interest shall be fixed when the Allocation Schedule is being ruled, or at such other time as the Judicial Commissioner shall think fit : provided, if the special circumstances of the case so require, the Examiner may direct the Owner or his solicitor to serve a notice of motion to fix the redemption price at any stage of the proceedings.

6. Rule 1 of Order XLV. of the Rules of 1924 shall be amended by deleting " half- " in the ninth line, and by deleting " 3 " and substituting " 6 " therefor in the tenth line of the Rule.

W. E. WYLIE,

T. HOGAN,

KEVIN R. O'SHIEL.

FORM 53.

CONSENT FIXING REDEMPTION PRICE OF INTERVENING INTEREST.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .

PARTICULARS OF SUB-TENANTS HOLDING(S).

                of               (hereinafter called " the tenant ") as tenant to the said Owner under [Here state whether lease or agreement in writing giving date, parties and term, judicial tenancy giving date of order or of filing of agreement and record number, or tenancy from year to year stating when created] at the yearly rent of £   s.   d., and the tenant is beneficially entitled subject to the tenancy of the above-named sub-tenant(s) therein.

It is hereby consented to and agreed between the said Owner and the tenant that the redemption price of the interest of the tenant in the said land intervening between the said Owner and the sub-tenant(s) shall be the sum of       Pounds.

N.B.—Unless these particulars are accurately stated, the consent will not be received.

(a) If solicitor for the party, state so here.

FORM 54.

REQUISITION FOR A HEARING TO HAVE REDEMPTION PRICE OF INTERVENING INTEREST FIXED.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .

PARTICULARS OF SUB-TENANTS HOLDING(S).

                of             (hereinafter called " the tenant ") as tenant to the said Owner under [Here state whether lease or agreement in writing giving date, parties and term, judicial tenancy giving date of order or of filing of agreement and record number, or tenancy from year to year stating when created] at the yearly rent of £   s.  d., and the tenant is beneficially entitled subject to the tenancy of the above-named sub-tenant(s) therein.

N.B.—Unless these particulars are accurately stated, the requisition will not be received.

Dated this      day of        19 .

IRISH LAND COMMISSION.

27th day of September, 1926.

It is this day ordered by the Irish Land Commission in pursuance of the powers conferred by Sub-section 6 of Section 29 of the Purchase of Land (Ireland) Act, 1891, and Section 76 of the Land Act, 1923 , and of every other power the said Commission thereunto enabling, and after consultation with the President of the Incorporated Law Society of Ireland, as follows :—

(1) Rule 1 of Order XLII. of the Provisional Rules under the Land Purchase Acts dated 5th February, 1924, shall be amended by substituting two months for one month, as the period prescribed by the Rule for showing cause against the making of the declaration.

(2) Rule 2 of the said Order is hereby rescinded and the following rule substituted therefor :—

2. Any person desiring to show cause against such declaration may within two months of the date of the publication of the notice in the Iris Oifigiúil apply to the Land Commission that the same be not made or be varied, and for that purpose shall file in the Purchase Branch his application setting forth the grounds thereof, which application may be in Form 55. Such application shall be listed for hearing before the Land Commission (other than the Judicial Commissioner) on notice to such persons if any as the Land Commission shall direct, and shall also be treated as an objection to the Provisional List, if a Provisional List including the lands has been published.

Any person wishing to appeal to the Judicial Commissioner from an Order of the Land Commission on an application to show cause against the making of such declaration shall within fourteen days of the date of such Order serve notice of appeal on all interested parties which notice may be in Form 56 and within ten days from the date of such service, or of the last of such services if more than one lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties.

Should cause not be shown within the time limited by this Rule or should any cause shown be disallowed the Land Commission shall publish the declaration in the Iris Oifigiúil.

W. E. WYLIE,

T. HOGAN,

KEVIN R. O'SHIEL.

FORM 55.

APPLICATION TO THE LAND COMMISSION THAT A DECLARATION UNDER SECTION 24 (3) OF THE LAND ACT, 1923 , BE NOT MADE.

(Heading and Title.)

I, A.B., of            hereby apply to the Land Commission that the declaration by the Irish Land Commission notice of which was published in the Iris Oifigiúil on the     day of     that the lands of      situated in the Barony of      and County of      containing  a.  r. p., statute measure, are required for the purpose of relieving congestion be not made (or be varied in the following respect, that is to say : Here state variation asked for), and that the grounds of his application are as follows : (Here definitely state the grounds).

FORM 56.

NOTICE OF APPEAL TO JUDICIAL COMMISSIONER

(SECT. 24 (3)).

(Heading and Title.)

A.B., of         is aggrieved by the decision of the Irish Land Commission whereby the application filed by him on the    day of      that a declaration under Section 24 (3) of the Land Act, 1923 , be not made (or be varied) was disallowed, and requires the said application to be reheard by the Judicial Commissioner.

To

(Set out the names of the other interested parties (if any) to be served), and

The Registrar of the Irish Land Commission.