01/04/1930: Irish Land Commission.

The Irish Land Commission, in exercise of the power in that behalf conferred by Section 2 of the Rules Publication Act, 1893, hereby certifies that on account of urgency the Rules set forth in the Schedule hereto should come into immediate operation, and hereby orders that the said Rules shall come into operation forthwith as Provisional Rules and continue in force until Rules shall have been made in accordance with the provisions of the above-mentioned Act.

Dated this 1st day of April, 1930.

W. E. WYLIE.

T. HOGAN.

KEVIN R. O'SHIEL.

SCHEDULE.

FORESTRY ACTS, 1919 and 1928.

PROVISIONAL RULES MADE BY THE IRISH LAND COMMISSION IN RELATION TO THE COMPULSORY PURCHASE OF LAND UNDER THE FORESTRY ACTS, 1919 AND 1928.

1st day of April, 1930.

It is this day ordered by the Irish Land Commission, in pursuance of the powers conferred by the Forestry Acts, 1919 and 1928, that the following Rules shall, on and after this date and until further order, take effect and be in force in relation to applications to the Irish Land Commission under Section 7 of and the Schedule to the Forestry Act, 1919, as amended and adapted by the Forestry Act, 1928 , or otherwise.

Construction of terms.

1. In these Rules, unless the context otherwise requires, the expression " the Minister " means the Minister for Agriculture ; the expression " Land Commission " means the Irish Land Commission ; the expression " Compulsory Order " means an Order under the Forestry Acts, 1919 and 1928, authorising the compulsory purchase of land ; and the expression " Draft Order " means a Draft Compulsory Order. The expression " the land ' means the land proposed to be comprised in a Compulsory Order and as defined by Section 3 of the Land, Clauses Consolidation Act, 1845, Section 12 of the Acquisition of Land (Assessment of Compensation) Act, 1919, and paragraph 7 of the Schedule to the Forestry Act, 1919, as amended by Section 18 of the Forestry Act, 1928 ; the expression " month" means a calendar month.

Form of Draft Order.

2. A Draft Order submitted to the Land Commission shall be in Form No. 1 set out in the Appendix hereto or in a Form to the like effect.

Publication of Draft Orders and notices.

3. The Minister shall before submitting the Draft Order to the Land Commission:

(a) Publish the Draft Order by furnishing free of charge a copy of the Draft Order (but not including any plan annexed to the Order) to any person interested in the land who applies for a copy; and

(b) Give notice in the locality in which the land proposed to be acquired is situate of his intention to apply for a Compulsory Order by inserting once at least in each of two successive weeks in some newspaper circulating in the locality a notice in the required form; and

(c) Give notice of that intention to the owner, lessees and occupiers of the land and to the Land Commission by serving on those owners, lessees and occupiers and on the Land Commission a notice in Form No. 2 set out in the Appendix hereto, or in a Form to the like effect.

Services.

4. Service of notices and other documents under these Rules upon any Government Department shall be effected by sending the notice or document by post to the Secretary of the said Department ; service upon any Corporation or Company shall be effected by sending the notice or document by post to the principal place of business of that Corporation or Company, or if such principal place is outside Saorstát Eireann or cannot be found to some principal officer, if any, of the Corporation or Company ; and service upon any person who is not a Corporation or Company shall be effected by personal service on him, or by sending the notice or document by post to him or by leaving it at his usual place of abode, or if after diligent inquiry that place cannot be found, by sending the notice or document by post to the agent ordinarily receiving the rents of the land to which the notice or document relates. A copy of every such notice or document shall also in every case be sent by post or left with the occupier of the land to which the notices relate, or, if there be no occupier, shall be affixed upon some conspicuous part of that land.

Dispensing with service of notices.

5. If the owner of the land cannot be found or ascertained, the Minister may apply to the Land Commission, other than the Judicial Commissioner, or to the Judicial Commissioner, to list the application for the Compulsory Order, or appeal, as the case may be, for hearing, notwithstanding that the owner has not been found or ascertained. Such application shall be supported by evidence, on affidavit or otherwise, that diligent inquiry had been made to find or ascertain such owner.

Objections.

6. At any time within one month from the service of the notice of the intention of the Minister to apply for a Compulsory Order, or of the service of the last of such notices, if more than one, or if service is dispensed with under these Rules, from the date of the Order dispensing with such service, any person interested in the land may lodge in the Secretary's Branch of the Land Commission an objection, in writing, in Form 3 or in a Form to the like effect to the making of such Order, signed by him and setting forth the grounds of his objection.

The objection shall be lodged in duplicate, and one copy shall be transmitted by the Land Commission to the Minister.

Application by the Minister.

7. When the time limited by these Rules for lodging objections has expired, the Minister may apply to the Land Commission for a Compulsory Order, and he shall thereupon lodge in the Secretary's Branch of the Land Commission a copy of the Draft Order, including all plans annexed thereto.

Notice of hearing.

8. Not less than ten days' notice of the hearing by the Land Commission of the application for a Compulsory Order, and of any objections thereto, shall be served by the Land Commission upon the Minister, and all other interested parties.

Appeal to the Judicial Commissioner.

9. Any person wishing to appeal to the Judicial Commissioner from an Order of the Land Commission on the hearing of an application for a compulsory order shall within fourteen days of the date of such Order serve Notice of Appeal on the other interested parties in Form 4 or in a Form to the like effect, and within ten days from the date of such service, or the last of such services if more than one, or if service is dispensed with under these Rules, from the date of the Order dispensing with such service, lodge with the Registrar of the Land Commission a copy of the Notice of Appeal, endorsed with the time and mode of service, on the interested parties.

Power to enlarge or abridge time.

10. The Land Commission shall have power to enlarge or abridge the time appointed by these Rules or fixed by an Order 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.

Variation of Forms.

11. The several Forms in the Appendix may, where necessary, be adapted or varied to suit a particular case, and any of such Forms may from time to time be varied or cancelled and new Forms substituted by the Land Commission.

W. E. WYLIE.

T. HOGAN.

KEVIN R. O'SHIEL.

APPENDIX FORMS

FORM 1.

DRAFT ORDER.

FORESTRY ACTS, 1919 AND 1928.

WHEREAS the Minister for Agriculture is unable to acquire by agreement on reasonable terms the land described in the Schedule hereto, being land which he considers it necessary to acquire for the purpose of the Forestry Acts, 1919 and 1928.

Now therefore the Irish Land Commission, in pursuance of its powers under the Forestry Acts, 1919 and 1928, makes the following Order :—

1. The Minister for Agriculture is hereby empowered for the purpose aforesaid to put in force as respects the said land described in the Schedule hereto the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, but subject to the terms of the Forestry Acts, 1919 and 1928, and the acquisition of Land (Assessment of Compensation) Act, 1919 and this Order.

2. This Order incorporates the Lands Clauses Acts and Sections 77 to 85 of the Railways Clauses Consolidation Act, 1845, and these Acts shall apply, and this Order shall be construed accordingly, subject, however, to the following modification:—

The provisions of the Lands Clauses Acts as to the sale of superflous land shall not apply.

3. The Land Purchase Annuity to which the land is subject in conjunction with other lands shall be apportioned by the Land Commission between the land described in the Schedule hereto and the other lands, or shall be charged on such portion of the lands subject thereto in exoneration of the residue of the said lands by the Irish Land Commission in such manner as they may deem expedient.

(To be inserted when the land is subject with other lands to a Land Purchase Annuity.)

4. If the Arbitrator is of opinion that such portions of buildings authorised to be acquired by this Order as are required for the purposes of the Minister can be severed from the remainder of the buildings without material detriment thereto, the Minister shall not, notwithstanding anything in the Lands Clauses Acts, be required to purchase the whole of those buildings, or any portions thereof greater than the portions so required, and shall pay for the portions acquired by him and make compensation for any damage sustained by the Owners of the buildings, or any other parties interested therein, by severance or otherwise.

(To be inserted where portion only of any buildings authorised to be acquired by the Order are required for the purposes of the Minister.)

5. As soon as the land coloured red on the plan marked attached to the Order becomes vested in the Minister in pursuance of this Order, A.. . . . . . . . . . B................his heirs and assigns, the owner or owners of the lands (describe dominant tenement) shall by virtue of this Order become entitled to the following easement over the said land coloured red, that is to say (set out the easement)

(To be inserted where necessary.)

6. The Minister shall as soon as practicable serve on the owners, lessees and occupiers of the land described in the Schedule hereto, and in the manner in which notices of intention to apply for an Order made under the Forestry Acts, 1919 and 1928, are required to be served, notice of the Order having been made, and shall furnish a copy of this Order (including the plans annexed hereto) to any person interested in the said land who applies for the copy and pays the reasonable cost of preparing it.

The powers conferred by this Order shall cease after the expiration of one year from the date hereof, unless that period is extended by the Irish Land Commission.

Made by the Irish Land Commission the day of 19

SCHEDULE.

(Description of the land with reference to plans, if any. If only an easement or a profit á prendre is acquired, that fact must be stated).

FORM 2.

NOTICE OF INTENTION TO ACQUIRE LAND.

FORESTRY ACTS, 1919 AND 1928.

TAKE NOTICE that the Minister for Agriculture proposes to acquire the land described in the Schedule hereto for the purposes of the Forestry Acts, 1919 and 1928, and has applied to the Irish Land Commission for a Compulsory Order authorising the compulsory purchase of the said land by him.

Copies of the Draft Order (not including any plan annexed thereto) may be obtained at any time within one month from this date, free of charge, by any person interested in the land by applying to the Office of the Minister at Government Buildings, Upper Merrion Street, Dublin, during office hours.

The plans annexed to the said Draft Order are deposited in the Minister's Office, and may be inspected during office hours any day until the expiration of one month from the

AND TAKE NOTICE further that at any time after the expiration of one month from this date the Land Commission may proceed to consider the application of the Minister for the Compulsory Order, and any person who objects to the Order being made must send notice of his objection to the Secretary of the Land Commission on or before that date.

FORM 3.

OBJECTION TO THE MAKING OF A COMPULSORY ORDER.

COURT OF THE IRISH LAND COMMISSION.

FORESTRY ACTS, 1919 AND 1928.

Estate of			Owner.
	County of	Record No. F.

1. of (hereinafter called the objector) objects to the making by the Irish Land Commission of a Compulsory Order in respect of the lands of in the Barony of County of

2. The interest of the objector in the lands is

(Here state the nature of the interest of the objector in the lands, e.g., as owner, tenant, occupier, or otherwise).

3. The reason and evidence relied upon by the objector, or in support of his objection, are as follow:—

(Here state them fully).

Dated this day of 19

(Signature of objector or of his Solicitor

FORM 4.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

FORESTRY ACTS, 1919 AND 1928.

Estate of			Owner.
	County of	Record No. F.

of is aggrieved by the Order of the Irish Land Commission dated the day of

19 , empowering (or refusing to empower) the Minister for Agriculture to put in force in respect of the lands of in the Barony of and County of

the provisions of the Land Clauses Acts in respect of the purchase and taking of land otherwise than by agreement and requires the matter to be heard and determined by the Judicial Commissioner.

Dated this

day of

19 .

(Signature of appellant or of his Solicitor).