S.I. No. 50/1951:

IRISH LAND COMMISSION LAND PURCHASE ACTS, 1923 TO 1950. RULES AND ORDERS UNDER THE LAND ACT, 1933. THE 26th DAY OF FEBRUARY, 1951.

IRISH LAND COMMISSION LAND PURCHASE ACTS, 1923 TO 1950. RULES AND ORDERS UNDER THE LAND ACT, 1933. THE 26th DAY OF FEBRUARY, 1951.

It is this day ordered by the Minister for Lands, in pursuance of the powers conferred on him by Section 3 of the Land Act, 1933 , and of every other power him enabling in this behalf, with the concurrence of a majority of the committee constituted pursuant to the provisions of the said section, and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules shall from and after this date (except where otherwise stated) and until further order, take effect and be in force in relation to proceedings under the Land Purchase Acts, and that all existing Rules and Orders made under the same Acts, in so far as they are inconsistent with these Rules, but no further, are hereby amended or revoked.

JOSEPH BLOWICK,

Minister for Lands.

We hereby concur in the making of the following Rules :

Members of the Committee : MARTIN C. MAGUIRE.

KEVIN O'SHIEL.

W. F. NALLY.

CONTENTS

ORDERS

APPENDIX

I--FORMS

S.I. No. 50 of 1951.

ORDER I INTERPRETATION

Title.

1. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1951.

the Act.

2. In these Rules and Orders " the Act " means the Land Act, 1950 (No. 16 of 1950).

Interpretation

3. The Interpretation Act, 1937 (No. 38 of 1937) applies to the interpretation of these Rules and Orders in like manner as it applies to the interpretation of an Act of the Oireachtas.

Saving of existing Rules

4. All Rules heretofore made under the Land Purchase Acts shall continue in force save in so far as they are revoked by, or are inconsistent with, these Rules.

ORDER II AMENDMENT CONSEQUENTIAL ON CHANGE IN CONSTITUTION OF APPEAL TRIBUNAL

1. The expression " Lay Commissioners (other than the members of the Appeal Tribunal) " wherever it occurs in any Rule heretofore made under the Land Purchase Acts shall stand amended by the deletion of the words " (other than the members of the Appeal Tribunal) ".

ORDER III REDEMPTION OF SUPERIOR INTERESTS OR CHARGES BY VIRTUE OF section 19 of the act

Amendments of Order XXII of the Provisional Rules dated the 5th day of February, 1924.

1. In Order XXII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, the following amendments shall have effect in relation to an application brought by virtue of section 19 of the act, namely :--

(a) In Rule 7 thereof the application referred to shall include an application for the apportionment or exclusive charge of the superior interest or charge and (as the case may be) of an interest superior thereto.

(b) In Rules 7 and 8 thereof the word " owner " in relation to superior interest or charge or rent shall include all such persons as would appear to be affected by the application.

(c) In Rule 9 thereof the words " as amended and extended by Section 19 of the Land Act, 1950 " shall be deemed to be inserted after the figures " 1923 " therein.

(d) Rules 11 to 14 inclusive shall not apply.

Grounding affidavit.

2. The affidavit grounding the application shall exhibit a map of the entire lands affected by the application and if apportionment is applied for the map shall show in distinctive colours the portions between which it is sought to apportion the superior interest or charge and any interest superior thereto. The affidavit shall contain all such relevant averments as will enable the Judicial Commissioner to make an equitable apportionment of the superior interest or charge and any interest superior thereto.

Filing.

3. The notice of motion and the grounding affidavit shall be filed in the Registrar's Office of the Land Commission. There shall be at least twenty-one days between the filing of the notice and affidavit and the hearing of the application.

Particulars to be furnished by owner of superior interest or charge.

4. On request in writing by the registered owner or his Solicitor the owner of the superior interest or charge shall within twenty-one days furnish, so far as known to him, the names and addresses of all other persons subject in conjunction with the registered owner to the superior interest or charge, the particulars of any interest superior thereto and such particulars of any superior rent as will enable the registered owner or his Solicitor to comply with Rule 7 of Order XXII, mentioned in Rule 1 of this Order, of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924.

Notices of objection and service thereof.

5. Any person objecting to the application shall within twenty-one days after the service of the notice of the application on him serve on the Land Commission and on all other persons appearing to the objector to be affected by the application a notice of his objection stating the nature and the grounds thereof.

Making of advance and charging order.

6. On the ruling of the Allocation Schedule the Judicial Commissioner shall declare the date on which the advance shall be made. The said advance shall include the redemption price, the compounded arrears (if any) and such costs as may be awarded and on the ascertainment of the amount of the advance an order shall be made charging the holding with the repayment of the advance which shall be distributed as soon as may be thereafter.

Making of advance and charging order in case of delay.

7. Should the owner of any rent, superior interest or charge fail to lodge the requisite proofs within the required period or should there be undue delay on the part of such owner or his Solicitor in the proceedings towards the distribution of the redemption price the Judicial Commissioner may, on application of the registered owner, proceed to ascertain the amount of the advance and order the same, or so much thereof as cannot be distributed, to be retained in Court to such credit as he may direct to abide further order, and he may order the holding to be charged with the repayment of the advance.

Transmission of Certificate to the Registering Authority.

8. As soon as the advance is made a certificate of the redemption and of the making of the charging order for entry on the Register of Titles shall be transmitted by the Registrar of the Land Commission to the Registering Authority.

9. As soon as may be after the making of any apportionment order a copy thereof shall be transmitted by the Registrar of the Land Commission in pursuance of Subsection (2) of section 19 of the act.

ORDER IV PARTITION OF LAND HELD IN COMMONAGE SECTION 25 OF THE ACT AND SECTION 24 OF THE LAND ACT, 1939

Application for partition.

1. An application made under Subsection (3) of Section 24 of the Land Act, 1939 , or of that Section as extended by section 25 of the act for a compulsory partition of any land shall be signed by the applicant or his Solicitor and filed in the Land Commission with a map showing the lands proposed to be partitioned. The application shall state the names and addresses of all the co-owners of such land and shall state the reason or reasons why the consent of any co-owner other than the applicant to the proposed partition has not been obtained. The application may be in Form 131.

Notice of filing of an application.

2. When the application has been filed the Land Commission shall serve notice of such filing personally or by registered post on all the co-owners of the land other than the applicant or on their respective Solicitors.

Land Commission to prepare a map.

3. When the Land Commission has prepared a scheme for the partition of the land, a map of the proposed scheme shall be filed in the Land Commission and shall be open to inspection at any time the offices of the Land Commission are open for the transaction of business.

Service of notice of the Scheme.

4. The notice by the Land Commission giving particulars of the scheme for the partition of the land and stating the manner in which and the time within which objections thereto may be lodged, shall be served personally or by registered post on all the co-owners of the land or on their respective Solicitors.

Time for lodgment and form of objection.

5. Any person objecting to the scheme for the partition of the land may lodge his objection within one month of the service upon him of the notice of the proposed scheme. The objection should be in writing in Form 132, should state the grounds of objection and should be signed by the objector or his Solicitor and filed in the Land Commission. Notice of such filing shall be served by the Land Commission personally or by registered post on the persons, other than the objector, appearing to be affected thereby, or on their respective Solicitors.

Notice of the hearing of the application.

6. If any objections are lodged the application shall be listed for hearing before the Lay Commissioners and not less than fourteen day's notice of the hearing shall be served by the Land Commission personally or by registered post on the objectors, on the applicant and on any other persons appearing to be interested in the application or in the objections, or on their respective Solicitors.

Revocation.

7. Order IV of the Land Purchase Acts Rules of 1939 ( S. R. & O. No. 341 of 1939 ) and Forms 117 and 118 are hereby revoked.

ORDER V TRANSFER ORDERS, ETC.

SECTION 28 OF THE ACT

Definitions.

1. In this Order unless the context otherwise requires :--

(a) " Transfer order " means an order made under Subsection (1) of section 28 of the act ;

(b) " Transferred land " means land which is the subject of a transfer order ;

(c) " The operative date " means the date on which a transfer order comes into operation ;

(d) " Interest " means an interest subsisting in transferred land immediately before the operative date ;

(e) "Claimant" means a person claiming compensation in respect of an interest or of a mortgage against an interest;

(f) "The mortgage debt" means in relation to a mortgage on transferred land the total of the sums due immediately before the operative date on foot of the mortgage for principal moneys and interest (if any);

(g) "Compensation" means compensation payable in respect of an interest or of a mortgage against an interest;

(h) Any word or expression which is given a particular meaning by section 28 of the act shall have the same meaning.

Apportionment of annual payments.

2. Where transferred land is subject in conjunction with other land to an annual payment the Land Commission shall by order (hereinafter referred to as an apportionment order) apportion the annual payment in such manner as the Land Commission may consider proper between the transferred land and the other land. A copy of such order shall be served on the persons appearing to the Land Commission to be the persons by whom and to whom the annual payment is payable, or on their respective Solicitors.

3. Any person dissatisfied with the apportionment order may within one month after the service on him of a copy thereof appeal to the Judicial Commissioner by motion on notice. The notice of appeal shall specify the grounds of appeal and shall be served on the Secretary, Irish Land Commission, and on all other interested parties. There shall be at least fourteen days between the service of the notice of appeal and the hearing of the appeal. On the hearing of the appeal the Judicial Commissioner may confirm the apportionment order or vary it in such manner as he deems fit.

4. Every apportionment order shall be deemed to have come into force on the day immediately preceding the operative date relating to the transferred land notwithstanding that an appeal remains undetermined. If any such order is varied on appeal the variation shall be deemed to have come into force on the said day immediately preceding the operative date relating to the transferred land.

5. On the date on which the apportionment order (including the apportionment order as varied on appeal) comes into force

(a) the other land shall stand released from so much of the annual payment accruing after such date as is apportioned to the transferred land and the other land shall stand subject to the same rights and remedies for the recovery of the part of the annual payment accruing after such date apportioned thereon as were formerly applicable for the recovery of the whole of the annual payment, and

(b) if the annual payment was a rent arising under a lease the lessee shall be liable as to all rent accruing after such date only for the portion thereof apportioned to the other land without prejudice to the covenants, conditions and agreements of the lease as if there only had been comprised therein such other land.

Fixing of compensation in respect of an interest.

6. Subject to the provisions of Rules 7, 8 and 9 of this Order the amount of compensation (in default of agreement between the claimants and the Land Commission) payable in respect of any interest whether or not subject to any mortgage shall on the application of any claimant or the Land Commission be fixed by the Judicial Commissioner.

7. Compensation shall be fixed separately in respect of each interest provided that applications in relation to the same land may be taken together at the discretion of the Judicial Commissioner.

8. Where any interest either is subject to a mortgage or is settled land (within the meaning of the Settled Land Acts, 1882 to 1890) subject to any charge subsisting under a settlement the compensation in respect of such interest shall be fixed on the assumption that it was not so subject.

9. In the case of an interest subject to a mortgage the mortgagee shall, as against such interest, be entitled to claim in respect of the mortgage debt and if necessary shall be entitled to apply to have the compensation in respect of such interest fixed.

Application to fix compensation.

10. An application to the Judicial Commissioner to fix compensation shall be by motion on notice. The notice of motion shall specify :--

(a) the land (in appropriate cases the dominant and servient tenements) and the exact nature of the interest (including any mortgage charge or encumbrance thereon) in respect of which the application is made, and

(b) that it is grounded on a verifying affidavit which may be inspected at the Registrar's Office.

11. The verifying affidavit, which shall refer to the conveyance to the Land Commission and the transfer order, shall state the grounds on which compensation is claimed and the right of the claimant thereto and shall contain all such averments as may conduce to the fixation, allocation and payment of compensation on an equitable basis.

12. Certified copies of the conveyance, transfer order and verifying affidavit may be obtained from the Solicitor to the Land Commission by any person on payment of the prescribed fees for the time being in force by virtue of any rules under the Land Purchase Acts.

13. A copy of the notice of motion shall be served on the Land Commission by the claimant. Where a claimant is entitled jointly or in common with any person or persons to an interest a copy of the notice of motion shall be served on such person or persons by the claimant. Where the Land Commission apply to the Judicial Commissioner they shall serve a copy of the notice of motion on all persons appearing to the Land Commission to be concerned in the application.

14. The notice of motion and the verifying affidavit shall be lodged in the Registrar's Office of the Land Commission.

15. An attested copy of the affidavit grounding any application to fix compensation to be heard by the Judicial Commissioner shall be lodged in the Examiners' Branch for reference to an Examiner of Title and he shall, on being satisfied that there is a prima facie claim for compensation, and that the claimant is the party entitled to claim, arrange to have the application listed for hearing.

16. Not less than seven days' notice of the hearing by the Judicial Commissioner of any application for compensation shall be given to such persons as may be directed by the Examiner and to all persons appearing to the Land Commission to be concerned in the application.

17. Every claimant shall furnish on request to the Land Commission any document or other information in his power or procurement which may be required for the purpose of fixing, allocating or paying compensation.

Allocation and payment of compensation and provisions as to costs.

18. The provisions of the Land Purchase Acts and the Rules made thereunder shall with all requisite modifications apply, as if the compensation were the purchase money of lands acquired under those Acts, to the allocation, distribution and payment of compensation and to the awarding and enforcing of any costs and expenses to and against any person. For the purpose of the payment of any compensation a claimant may be deemed to be the person in possession or in receipt of the income of or from the interest in respect of which the compensation is payable.

19. In any case where the Judicial Commissioner shall fix the amount of the compensation of any interest of the Land Commission and of any claim or claims (as the case may be) against such interest he shall allocate the balance (if any) to the Land Commission.

20. Where a mortgagee is paid any sum in respect of the mortgage debt, out of the compensation in respect of an interest, then, notwithstanding anything contained in the instrument creating the mortgage, the following provisions shall have effect :--

(a) such sum shall be deemed to have been paid on the operative date by the mortgagor in satisfaction of an amount of the mortgage debt equivalent to such sum, and

(b) such sum shall be deemed to have been applied so far as it extended, firstly towards satisfaction of interest and thereafter towards satisfaction of principal money,

but without prejudice to any subsisting rights and remedies of the mortgagee (except against the transferred land) in respect of so much of the mortgage debt as would have remained unpaid, if such sum had been so paid and applied as aforesaid on the operative date.

Amendment of Transfer Orders.

21. The Judicial Commissioner shall have all the same powers to amend a transfer order as he has under Subsections (1) to (6) inclusive of Section 30 of the Land Act, 1931 (No. 11 of 1931), to amend a vesting order and the provisions of those Subsections shall be deemed to be incorporated in this Order with the substitution of the words "transfer order" for the words "vesting order".

Services.

22. Every notice or document or copy thereof required to be served or given by section 28 of the act or by this Order shall be served either personally or by sending it by registered post in an envelope addressed to the person on whom service is to be effected, at an address in the State at which he ordinarily resides or carries on business, or to the Solicitor for that person or substituted service or the substitution of notice for service may be effected in accordance with Order VIII of these Rules.

ORDER VI SECTION 30 OF THE ACT

Prescribed notice.

1. The notice required to be given by Subsection (14) (a) or Subsection (15) (a) of section 30 of the act shall be given by the Land Commission by advertisement in the Iris Oifigiúil and in at least one issue of either a newspaper published and circulating in the county in which the land is situate or, if there is no such newspaper, a daily newspaper published in the State and circulating in the said county.

Service.

2. The Land Commission may serve a copy of the said notice on any person either personally or by sending it by registered post to such person or to the Solicitor for such person.

Form of application.

3. An application to the Land Commission under Subsection (14) (b) or Subsection (15) (b) of section 30 of the act for compensation may be in Form 133 signed by the applicant or his Solicitor, shall state fully the grounds of the application and shall be filed in the Land Commission.

Hearing of questions.

4. In default of agreement, every question arising under Subsection (14), Subsection (15) or Subsection (16) shall be listed for hearing before the Lay Commissioners. Not less than fourteen days' notice of the hearing shall be served by the Land Commission either personally or by registered post on the persons appearing to the Land Commission to be concerned in the application or on their respective Solicitors.

5. Compensation shall be fixed separately in respect of each claim thereto provided that applications in relation to the same land may be taken together at the discretion of the Lay Commissioners.

ORDER VII SECTION 31 OF THE ACT

OBJECTION TO PROPOSAL TO APPLY THE PROVISIONS OF SECTION 30 of THE LAND ACT, 1950 , TO A TRUST

Form of objection.

1. The statement of objection to be furnished to the Land Commission under Subsection (2) (a) (ii) of section 31 of the act shall be lodged in the Land Commission in writing and may be in Form 134. The statement should set out fully the interest of the objector and the grounds of objection and should be signed by the objector or his Solicitor.

Notice of the Hearing of objections.

2. All objections duly made and lodged shall, unless they are allowed or withdrawn, be listed for hearing before the Lay Commissioners. Not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and all other persons appearing to the Land Commission to be concerned in the objection or on their respective Solicitors.

Hearing of objections.

3. All objections in relation to the same trust may be taken and heard together at the discretion of the Lay Commissioners.

ORDER VIII SERVICES

1. Where any Act, Rule or Order directs or shall direct the Land Commission to serve or transmit any notice or document on or to any person, and such person is not represented by a Solicitor, and it appears to the Land Commission that by reason of such person being out of the jurisdiction, or his residence being unknown, or for any other reason whatsoever substituted service or the substitution of notice for service should be permitted, the Land Commission may serve or transmit the notice or document, addressed to the person to be served, on or to an agent or other person on his behalf accompanied by a requisition to have the same transmitted or communicated to the person to whom it is addressed or may publish in such manner as the Land Commission may deem sufficient notice of the said notice or document and such substituted service or publication of notice, as the case may be, shall, when effected, be a sufficient compliance with any such Act, Rule or Order aforesaid and the date of such publication shall be taken to be the date of service.

2. Order III of the Land Purchase Acts Rules of 1945 ( S. R. & O. No. 40 of 1945 ) is hereby revoked.

ORDER IX FEES

Fees to be charged for copies of documents, etc.

1. On and after the 2nd day of April, 1951, the scale of charges for furnishing copies of documents, including maps, and for searching for or production of documents shall be according to the Schedule of Office Fees in the Appendix hereto and all existing Rules providing for fees to be charged in the cases mentioned in the said Schedule are amended accordingly. All payments made under this Rule, save where otherwise provided, shall be denoted by Land Commission stamps.

Revocation.

2. Order XV of the Rules and Orders under the Land Act, 1933 , dated the 22nd day of January, 1934 ( S. R. & O. No. 18 of 1934 ), the Schedule of Office Fees in the Appendix thereto and Order VI of the Land Purchase Acts Rules of 1947 ( S. R. & O. No. 124 of 1947 ), shall stand revoked on and from the 2nd day of April, 1951.

ORDER X TIME AND FORMS

Power to enlarge or abridge time

1. The Judicial Commissioner, or the Lay Commissioners in cases not within the exclusive jurisdiction of the Judicial Commissioner, shall have power to enlarge or abridge the time appointed by these Rules and Orders, or fixed by an Order for doing any act, or taking any proceedings, on 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.

2. The several forms in the Appendix may, when 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.

APPENDIX

I--FORMS

FORM 131.

APPLICATION FOR PARTITION OF LAND.

IRISH LAND COMMISSION.

LAND ACT, 1939 , SECTION 24

Land Act, 1950, Section 25

Estate of............................................................ ................................. County.........................................

Particulars of co-owners of land to be partitioned :--

The application of the above-named applicant(s) sheweth :--

1. That the above-named co-owners are the owners in common of the land described in the Schedule hereto to which Section 24 of the Land Act, 1939 , as extended by Section 25 of the Land Act, 1950, applies and which is shown outined in red on the map annexed to this application ;

2. That the said land is held by the co-owners in the shares set out above subject to the Revised Annuity (or Annual Sum) set out in the Schedule hereto ;

3. That the Revised Annuity (or Annual Sum) has heretofore been paid by the co-owners in the following shares, that is to say :--

4. That it is desired by the applicant(s) that the said land be partitioned for the following reasons :--

(Here state the reasons fully.)

5. That for the following reasons the consent of the co-owner(s) other than the applicant(s) to the partition of the said land has not been obtained (e.g. absence, unwillingness, incapacity or other reason) :--

6. That the said land is (not) subject to a Tithe Rent Charge (if subject, give particulars).

SCHEDULE

DESCRIPTION OF THE LAND TO BE PARTITIONED

Dated the       day of     19 

Signatures of the applicant(s) or of their respective Solicitors............................................................ ....

Note.--The words in italics should be struck out where not applicable.

FORM 132.

OBJECTION TO A SCHEME FOR PARTITION OF LAND

IRISH LAND COMMISSION

LAND ACT, 1939 , SECTION 24.

* LAND ACT, 1950 , SECTION 25.

* Strike out if inapplicable.

Estate of ............................................................ .................... County.......................................................

Land to which Partition Scheme relates :--

1. A. B............................... of.............................. (hereinafter called the objector) claiming to be interested in the above-described land (as co-owner, or otherwise state objector's interest) hereby objects to the proposed Scheme for the partition of the said land.

2. The grounds relied on by the objector in support of this objection are :--

(Here state the grounds fully.)

Dated this         day of        19 .

Signature of the objector or of his Solicitor ............................................................ ..........................................

Form 133

APPLICATION FOR COMPENSATION

IRISH LAND COMMISSION

LAND ACT, 1950 , SECTION 30.

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

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

1. A.B............................... of ..............................(hereinafter called the applicant) refers to the notice published in .............................. on .............................. 19... in relation to the land described in the Schedule hereto.

2. The applicant claims to have been or to be :--

(i) a beneficiary under the scheme or trusts relating to the said land who, as such beneficiary, has sustained loss, or

(ii) a person from whose estate claim or incumbrance the said land has been freed and discharged and who has suffered loss by such freeing and discharge.

3. The applicant claims that he is entitled to be paid compensation by the Land Commission.

4. The grounds on which the applicant relies in support of his claim are :--

(Here state them fully.)

SCHEDULE

Dated the     day of     19 .

Signature of the applicant or of his Solicitor ............................................................ .................

Form 134

OBJECTION TO PROPOSAL TO APPLY THE PROVISIONS OF SECTION 30 of THE LAND ACT, 1950 , TO A TRUST

IRISH LAND COMMISSION

LAND ACT, 1950 , SECTION 31.

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

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

1. A.B................................ of.............................. (hereinafter called the objector) objects to the proposal referred to in the notice published in ..............................on.............................. 19..., concerning the trust in relation to the land described in the Schedule hereto.

2. The interest of the objector in the said trust is :--

(Here state fully the objector's interest.)

3. The grounds relied on by the objector in support of his objection are as follows : (Here state them fully.)

Dated this       day of       19 .

Signature of the objector

or of his Solicitor............................................................ ............................................................ .................................

SCHEDULE

II.--SCHEDULE OF OFFICE FEES

If an official of the Land Commission is required to attend Court for the purpose of producing documents, in addition to the subpoena and the abovementioned fee, a sum for his travelling and subsistence allowance is to be paid ; this sum is not to be paid in Land Commission stamps.