S.I. No. 39/1936 - Acquisition of Land (Allotments) (Forms) Order, 1936.

ACQUISITION OF LAND (ALLOTMENTS) (FORMS) ORDER, 1936.

The Minister for Local Government and Public Health in exercise of the powers vested in him by section 4 of the Acquisition of Land (Allotments) Act, 1926 , as amended by section 8 of the Acquisition of Land (Allotments) (Amendment) Act, 1934 , and by the enactments thereby applied, does hereby order and prescribe as follows, that is to say :—

1. This Order may be cited as the Acquisition of Land (Allotments) (Forms) Order, 1936.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The forms set forth in the Schedule to this Order or forms substantially to the like effect shall be the forms to be used in connection with the compulsory taking on lease of land by a local authority for the purposes of the Acquisition of Land (Allotments) Acts, 1926 and 1934, in the cases to which these forms are respectively expressed to be applicable.

SCHEDULE.

FORM No. 1.

FORM OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE ACQUISITION OF LAND (ALLOTMENTS) ACTS, 1926 AND 1934.

THE ACQUISITION OF LAND (ALLOTMENTS) ACTS, 1926 AND 1934.

Whereas the ¹................................................ (hereinafter referred to as the ²..........................................) after making all reasonable efforts has failed to acquire by agreement under the Acquisition of Land (Allotments) Acts, 1926 and 1934, (any) (or) (a sufficient quantity of) land (including land required to provide means of access) suitable for allotments and did at a meeting held on the ............ day of ............................. 19 ..... resolve to acquire such land compulsorily :

Now Therefore the ² ............................................................ ............................................................ .................... in exercise of the powers vested in them by section 4 of the Acquisition of Land (Allotments) Act, 1926 , as amended by section 8 of the Acquisition of Land (Allotments) (Amendment) Act, 1934 , and by the enactments thereby applied hereby makes the following Order, that is to say :—

1. Subject to the provisions of this Order the ² ............................................................ ....................................... is hereby authorised to take compulsorily for a term of ............ years for the purposes of the Acquisition of Land (Allotments) Acts, 1926 and 1934, the lands described in the Schedule hereto which lands are coloured ..................... on a Map marked ³................................................ and sealed with the Common Seal of the ²......................................... and deposited at the offices of the ² .................................................

2. Subject to such modifications as may be necessary having regard to the express provisions of the Acquisition of Land (Allotments) Act, 1926 , including section 4 of the said Act as amended by section 8 of the Acquisition of Land (Allotments) (Amendment) Act, 1934 , and to any necessary adaptations the provisions of the Lands Clauses Acts (except sections 127 to 132 of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Second Schedule to the Housing of the Working Classes Act, 1890, and the Housing of the Working Classes Acts, 1890 to 1931, are hereby incorporated in this Order, and the provisions of those Acts shall apply accordingly.

4 This Order may be cited as the ⁴ ............................................................ ...... Order, 19 ......

The Schedule above referred to.

Given under the Common Seal of the ¹...............................

this................. day of........................ 19...... in the presence of :

..........................................................

DIRECTIONS FOR FILLING UP THIS FORM.

Insert :—

¹ Description of local authority.

² Short reference to local authority.

³ Heading of Map which should be identified by a heading in the terms of the short title of this Order.

⁴ Suitable short title.

FORM No. 2.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE ACQUISITION OF LAND (ALLOTMENT'S) ACTS 1926 AND 1934.

THE ACQUISITION OF LAND (ALLOTMENTS) ACTS 1926 AND 1934.

Notice is hereby given that the ¹............................................................ ............... in pursuance of the powers vested in them by section 4 of the Acquisition of Land (Allotments) Act, 1926 , as amended by section 8 of the Acquisition of Land (Allotments) (Amendment) Act, 1934 , and by the enactments thereby applied on the ........... day of ........................ 19 ..... made an Order which will be submitted for confirmation by the Minister for Local Government and Public Health authorising them to take compulsory for a term of .............. years for the purposes of the Acquisition of Land (Allotments) Acts 1926 and 1934, the lands described in the Schedule hereto.

A copy of the said Order and of the Map referred to therein has been deposited at .......................... and may be seen at all reasonable hours.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this .................................dayof .............................., 19.............

Signature of the Clerk of the Local Authority.

¹ Insert description of local authority.

FORM No. 3.

FORM OF NOTICE TO OWNERS, LESSEES AND OCCUPIERS OF THE MAKING OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE ACQUISITION OF LAND (ALLOTMENTS) ACTS 1926 AND 1934.

THE ACQUISITION OF LAND (ALLOTMENTS) ACTS 1926 AND 1934.

Take Notice that the ³ ............................................................ .............. in pursuance of the powers vested in them by section 4 of the Acquisition of Land (Allotments) Act 1926 as amended by section 8 of the Acquisition of Land (Allotments) (Amendment) Act 1934 and by the enactments thereby applied on the ................. day of ....................., 19 ...., made an Order which is about to be submitted for confirmation by the Minister for Local Government and Public Health authorising them to take compulsory for a term of ............... years for the purposes of the Acquisition of Land (Allotments) Acts 1926 and 1934, the lands described in the Schedule hereto.

A copy of the said Order and of the map referred to therein has been deposited at .......................... and may be seen at all reasonable hours.

Any objection to this Order must be made in writing stating the grounds of your objection and addressed to the Minister for Local Government and Public Health, Custom House, Dublin, before the*............ day of ....................... 19 .......

The enactments applied by the above-mentioned Acts with such modifications as may be necessary provide in effect that if no objections are duly made by any persons upon whom notices are required to be served, or if all objections are withdrawn, or if the Minister is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the Irish Land Commission by whom the compensation is to be fixed the Minister may, if he thinks fit, confirm the Order with or without modification ; but in any other case he shall, before confirming the Order, cause a public local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the Order either with or without modification.

SCHEDULE.

(Here insert description of the lands comprised in the Order).

Dated this.................day of........................., 19......

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING UP THIS FORM.

Insert :—

¹ Name, address and description.

² Description of property.

³ Description of local authority.

^* Here insert a date not less than fourteen clear days from the service of notice.

FORM No. 4.

FORM OF ADVERTISEMENT OF COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE ACQUISITION OF LAND (ALLOTMENTS) ACTS 1926 AND 1934, CONFIRMED BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE ACQUISITION OF LAND (ALLOTMENTS) ACTS 1926 AND 1934.

Notice is hereby given that the Minister for Local Government and Public Health in pursuance of the powers vested in him by section 4 of the Acquisition of Land (Allotments) Act, 1926 , as amended by section 8 of the Acquisition of Land (Allotments) (Amendment) Act, 1934 , and by the enactments thereby applied, on the ............ day of ........................ confirmed (without modification) (with modifications) an order submitted to him by the ² ........................., 19...... (hereinafter called the) ³ ........................................ (authorising the ³ to take compulsory for a term of ............... years for the purposes of the Acquisition of Land (Allotments) Acts 1926 and 1934, the lands described in the Schedule hereto.

A copy of the Order and of the map referred to therein has been deposited at .......................................... and may be seen at all reasonable hours.

The Order will become operative at the expiration of three weeks from the date of this advertisement, but if proceedings in the High Court are instituted within that period by an aggrieved person desirous of questioning the validity of the Order, the Court may, if satisfied that the Order is not within the powers of the above-mentioned Acts or that the interests of the applicant have been substantially prejudiced by any requirement of the said Acts not having been complied with, quash the Order either generally or in so far as it affects any property of the applicant.

SCHEDULE.

(Here insert description of the lands comprised in the Order as confirmed).

Dated this ..................... day of .........................., 19 ......

Signature of the Clerk of the Local Authority.

DIRECTIONS FOR FILLING OF THIS FORM.

Insert :—

¹ Short title of Order.

² Description of local authority.

³ Short reference to local authority.

Given under the Official Seal of the Minister for Local Government and

Public Health this Fifth day of February, One Thousand Nine Hundred

and Thirty Six.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.