IE
05/02/1924: The Land Purchase Acts
Table of Provisions (20)
Statutory Text (20 Articles)
1. The above-mentioned holding became liable to be sold by or at the instance of the Irish Land Commission under the provisions of sub-section (1) of Section 54 of the Irish Land Act, 1903, by reason of [
Here state accurately and concisely the event upon the happening of which the holding became liable to be sold, giving dates and all necessary particulars
].
2. My interest in the said holding is as follows:—[
Here state the interest of the person making the request
].
3. There are no claims either of creditors or other persons affecting the holding which are not entered upon the above-mentioned Folio of the Register of Titles.
4. I request the Irish Land Commission to nominate E.F., of in the county of
being a person interested in the said holding as [
Here state how he is interested
] to be the proprietor of the holding ; and I further request the Irish Land Commission [
Here state any application which the person making the request wishes to make as to the satisfaction of claims or otherwise
].
Dated this
day of
19 .
(Signed) C.D.
SCHEDULE above referred to.
Name, address and profession, trade, occupation, or designation of each claimant.
Particulars of claim.
Amount, if claim be for a sum of money.
£ s. d.
NOTE.—The claims should, as far as possible, be arranged in order of priority.
I
, the before-named C.D., make oath and say that I have read the foregoing request and the schedule annexed thereto and that the several allegations contained therein are true to the best of my knowledge, information and belief.
Sworn, etc.
FORM 45.
NOTICE OF APPLICATION TO THE JUDICIAL COMMISSIONER THAT DECLARATION UNDER
SECTION 24
(3) OF THE
LAND ACT, 1923
, BE NOT MADE.
[Heading and Title].
Take notice that of
will apply to the Judicial Commissioner that the declaration by the Irish Land Commission, notice of which was published in the
Iris Oifigiúil
on the day of , 192 , that lands of ,situate 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 state definitely the grounds
].
Dated this
day of
192 .
Signature of Applicant or his solicitor.
To the Registrar of the Irish Land Commission.
FORM 46.
REQUISITION BY THE PROPRIETOR OR TENANT OF A HOLDING OF WHICH PART IS DECLARED TO BE REQUIRED FOR RELIEF OF CONGESTION TO HAVE THE ENTIRE SO DECLARED.
[Heading and Title].
The Irish 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 Land Registry,
or
, a purchase agreement dated the day of , 19 , lodged in this estate] 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 .
Signature of Proprietor or Tenant.
To the Irish Land Commission.
FORM 47.
REQUISITION BY THE PROPRIETOR OR TENANT OF A HOLDING REQUIRED FOR RELIEF OF CONGESTION TO BE PROVIDED WITH A NEW HOLDING.
[Heading and Title].
The Irish Land Commission having declared the holding in the townland of barony of and county of containing A. R. P. [the subject of Folio No. of the Land Registry,
or
, a purchase agreement dated the day of 19 , lodged in this estate] is required for the purpose of relieving congestion, I, of hereby require that the Irish Land Commission shall as soon as practicable provide me with a new holding equally suitable for me and of not less value than the declared land.
Dated this
day of
192 .
Signature of Proprietor or Tenant.
To the Irish Land Commission.
FORM 48.
NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER (SECT. 24 (4) (
b
) ).
[Heading and Title].
[
Name of Appellant
] of
is aggrieved by the decision of the Irish Land Commission that a new holding offered to him is equally suitable for him and of not less value than his holding in the townland of barony of and county of , which has been declared to be required for the relief of congestion, and he requires the matter to be heard and determined by the Judicial Commissioner.
This notice of appeal is intended to be prosecuted on the ground that [
Here state definitely the facts and circumstances relied upon
].
Dated this
day of
192 .
To be signed by the Appellant or his solicitor.
To the Registrar of the Irish Land Commission.
FORM 49.
NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER (SECT. 52).
[Heading and Title].
[
Name of Appellant
] of is aggrieved by the decision of the Irish Land Commission whereby the objection filed by [him
, or state name of objector
] on the day of , 192 , to a notice published by the said Commission pursuant to
Section 51
of the
Land Act, 1923
, was [allowed,
or
, disallowed], and requires the said objection to be re-heard by the Judicial Commissioner.
Dated this
day of
192 .
Signature of Appellant or of his solicitor.
To
[
set out the names of the other interested
parties to be served
]
and
The Registrar of the Irish Land Commission.
FORM 50
CERTIFICATE TO REGISTER APPRENTICE OR CLERK.
COURT OF THE IRISH LAND COMMISSION.
I hereby certify that Mr. (
a
) is exclusively employed by me as my (
b
) and that he is a fit and competent person to transact my business in this Court ; and I undertake to be responsible for his acts in the ordinary transactions of my business in the said Court. And I further undertake to be responsible for his receipts for deeds and other documents and for the safe custody and return of all deeds and documents obtained by him on my behalf.
(
a
) Name in full.
(
b
) " Apprentice or Clerk ".
Dated this
day of
192 .
Solicitor.
Address.
Witness
FORM 51.
CERTIFICATE OF REGISTRATION OF APPRENTICE OR CLERK.
COURT OF THE IRISH LAND COMMISSION.
day of
192
I certify that Mr. is the registered [apprentice or clerk] of Mr. solicitor, of No. street.
Keeper of Records.
FORM 52.
ORDER TO SHERIFF TO LEVY COSTS.
[Heading and Title].
It is ordered by the Court that the sheriff of the county of do of the goods and chattels of in his Bailiwick cause to be made the sum of and also interest thereon at the rate of £4 per cent. per annum from the day of , 192 , which by order of this Court dated day of , 192 , was adjudged to be paid by the said to for costs in the said order mentioned. And that the said sheriff do cause the said money and interest to be paid to the said in pursuance of the said order, and that he do make a return to this Court of the manner in which he shall have executed this order immediately after the execution thereof.
Dated this
day of
192 .
Registrar.
Seal of the Land Commission.
SCHEDULE OF FEES.
£
s.
d.
ABSTRACT—See Drafts.
AFFIDAVIT
1.
Draft affidavit : for six folios or under
0
9
0
2.
For each additional folio
0
1
6
3.
To Solicitor for marking each exhibit referred to in an affidavit
0
1
6
4.
For preparing and completing affidavit as to Labourers' Plots, including the lodgment and other business incident thereto, but not including outlay
2
0
0
AGREEMENT FIXING THE AMOUNT OF STANDARD PURCHASE ANNUITY
Solicitor's fee for preparing and completing agreement on Form 17, including all scrivenery and printing fees, attendances and other business incident to the preparation, lodgment, and verification of same, but exclusive of the expenses of maps and other necessary expenditure
5.
For one such agreement
1
0
0
6.
For two or more such agreements, not exceeding five in the same estate
3
0
0
7.
For each subsequent agreement after five, not exceeding ten
0
10
0
8.
For each subsequent agreement after ten, not exceeding one hundred
0
6
0
9.
For each subsequent agreement after one hundred
0
4
0
Where agreements are prepared and completed by the Owner, without the assistance of a Solicitor, but the latter is employed to lodge the agreements in the Land Commission
10.
For lodging one or more such agreements not exceeding five
1
0
0
11.
For lodging more than five and not exceeding fifty
1
10
0
12.
Exceeding fifty
3
0
0
ALLOCATION SCHEDULE
13.
For preparing allocation schedule
0
15
0
14.
Or, at the option of Solicitor, for each item except costs of sale or costs of owner of superior or intervening interests or of incumbrancer
0
7
6
APPEARANCES
15.
Entering any appearance
0
10
0
16.
If entered at one time for more than one person in the same interest, for every person beyond three
0
2
6
17.
Not to exceed in all
1
0
0
APPLICATION
£
s.
d.
Instructions for application for an advance for the purpose of redeeming a rent under
Section 38
of the
Land Act, 1923
18.
Solicitor's fee for instructions for preparing and completing application, including all scrivenery and printing fees, attendances, and other business incident to the preparation, verification, and filing of same, but exclusive of the Examiner's certificate, expenses of maps, and other necessary expenditure
5
0
0
19.
Or such further sum as the Taxing Officer may on special grounds allow, having regard to the nature and difficulties of the case, not to exceed
12
0
0
APPORTIONMENT OF TITHE RENTCHARGE
20.
Fee for preparing and lodging application for apportionment of tithe rentcharge payable to the Land Commission, including calculations of apportionment and scrivenery
0
15
0
21.
Or, at the option of the Solicitor, per folio
0
1
6
ATTENDANCES
22.
Attending to move exparte motion
0
10
0
23.
For each day cause or motion in list and not at hearing
0
10
0
24.
Each day it is at hearing
1
0
0
25.
Or such further reasonable sum as the Taxing Officer may on special grounds allow, having regard to the nature and importance of the case, not to exceed in one day
3
0
0
(A fee of £1 is allowed on motions, other than exparte motions, when an Order is made up by the Registrar, or pronounced by the Court).
26.
On each witness taking evidence
0
10
0
27.
Counsel with brief, case or instructions
0
10
0
28.
To settle and afterwards read over the engrossments of an affidavit
0
10
0
29.
To be increased according to circumstances, but never to exceed
1
10
0
30.
On Examiner to settle and sign advertisement
0
10
0
31.
On each newspaper in which an advertisement is inserted
0
5
0
32.
On printer to have notice or other document printed
0
10
0
33.
To procure Accountant's account
0
5
0
34.
To procure any certificate
0
5
0
35.
To be increased according to circumstances, each to
0
10
0
36.
On consultation of Counsel
1
0
0
37.
To obtain consent to act as guardian ad litem or next friend
0
10
0
38.
To procure consent to be signed by another Solicitor
0
10
0
39.
If to be signed by two
1
0
0
40.
If to be signed by more than two
1
10
0
41.
To file, or to file and bespeak, or to bespeak all necessary documents
0
10
0
42.
If several documents ought to be filed or bespoken at one time from one officer the Taxing Officer is to exercise his discretion to increase this charge, but never to allow more than
1
10
0
43.
To enter rule or obtain side-bar order
0
10
0
44.
For all attendances to lodge money in bank or in Court, including the procuring of the privity
1
0
0
45.
Of Solicitor, elsewhere in Saorstát Eireann than his office or residence necessarily occupied for one or more entire day or days, or for a period equal to one entire day, solely on his client's business : for each such day (exclusive of actual travelling expenses)
4
14
6
46.
A proportionate smaller sum to be allowed for a period not exceeding three hours of any such day.
47.
For such attendance elsewhere than in Saorstát Eireann, for each day on which the Solicitor is necessarily absent from Saorstát Eireann, solely on his client's business (exclusive of actual travelling expenses)
7
17
6
48.
Of a clerk in the country, when necessary (exclusive of all travelling expenses) : for each day
2
5
0
49.
To register or enrol any deed, recognizance or order, and for all duties relating thereto, including the return of the deed or order and the correcting of same, and memorial, and drawing and signing certificate and affidavit
1
10
0
50.
If a document be obtained through a Solicitor each Solicitor to be entitled for attendance thereon and therewith
0
10
0
51.
On Registrar to approve or settle any order when such attendance is required
0
10
0
52.
To be increased on special grounds when certified by him, not to exceed
1
10
0
53.
For each proper and necessary attendance not already herein provided for, at per hour or fraction of an hour
0
10
0
54.
Not to exceed in one day
3
0
0
CERTIFYING
55.
Certifying any deed, instrument, or writing, when required by the Court
0
3
9
COMMISSIONER FOR OATHS
56.
Commissioner's fee for affidavit of each deponent
0
2
0
57.
Commissioner's fee for marking each exhibit
0
1
0
58.
Not to exceed in all
0
15
0
CONVEYANCING
£
s.
d.
59.
Such fees for instruction as may be reasonable, having regard to the care and labour required, the number and length of documents to be perused, and the other circumstances of the case.
60.
For drawing any deed, apportionment order, memorial, case and instructions for Counsel, or other conveyancing instrument, per folio
0
3
0
61.
Where draft exceeds one hundred folios, the excess to be allowed at per folio
0
1
6
62.
Engrossing per folio
0
1
0
63.
For engrossing case for Counsel : see under engrossments.
64.
Comparing engrossment with approved draft where same exceeds ten folios, per skin of 15 folios
0
3
9
COPIES
65.
Copies of all notices, deeds, affidavits, and other documents not otherwise provided for, for 6 folios or under
0
3
0
66.
For each succeeding folio
0
0
6
67.
For any manifold or duplicate carbon copy brief for Counsel, half the above fees.
COSTS—See Taxation of.
DRAFTS
68.
For drafting applications, agreements, accounts, charges, discharges, abstracts of title (so far as the Examiner shall certify his approbation thereof) statements, consents, undertakings, admissions, objections, requisitions, advertisements, cases or instructions for Counsel (other than cases or instructions for Counsel in conveyancing matters) and all other proper and necessary documents, for the drafting of which a specific fee is not hereby provided : for every six folios or fractional part thereof
0
9
0
69.
Drawing certificate of appearance, if under five folios
0
5
0
70.
For each additional folio beyond five
0
1
0
71
Docket for search in any office (except the Registry of Deeds for which see engrossments) including draft and one copy
0
5
0
72.
Drawing necessary receipt and signing when no attendance charged
0
5
0
73.
For drawing affidavit verifying particulars of lands to be vested in the Land Commission, including exhibits Forms A, B, C, D, E and 27 (particulars of fisheries, if any) and all attendances and other business incident to the drafting, preparation, lodgment, verification, printing and scrivenery of same, but exclusive of expenses of maps and other necessary expenditure
7
0
0
74.
Or such further sum as the Taxing Officer may on special grounds allow, having regard to the nature and difficulties of the case, not to exceed £30 unless by direction of the Commissioner
75.
For drawing affidavit on Form 2 including Exhibit on Form 1 and all attendances and business incident to the lodgment, verification and scrivenery of same (exclusive of all necessary outlay) : per tenancy
0
1
6
76.
Or, at the option of the Solicitor
0
15
0
77.
Drawing schedule of deeds or documents : for each page of twenty-eight lines
0
5
0
78.
Copy per page
0
2
3
ENGROSSMENTS
79.
Engrossing any document other than a deed or memorial : per folio
0
0
6
80.
Engrossing requisition for negative deeds search
0
7
6
81.
Or, at option of Solicitor, per folio
0
1
6
EXHIBITS—See Affidavits.
INCUMBRANCER'S COSTS OF PROOF.
82.
To cover affidavit of proof, attendance before Judicial Commissioner and Examiner, and lodgment or endorsement of deeds
6
0
0
83.
Or, if the Examiner does not require an affidavit
3
0
0
84
Where an appearance has been entered on behalf of the incumbrancer before the issue of the final notice to claimants, in addition to the above
1
10
0
85.
Where more charges than one are vested in the same claimant : for each additional charge after the first
1
10
0
86.
But not to exceed £7 10s. 0d. in all for such additional charges.
The foregoing fees may be increased on special grounds only on application made to the Judicial Commissioner on allocation.
SUPERIOR OR INTERVENING INTEREST WHERE THE REDEMPTION PRICE DOES NOT EXCEED £100.
87.
Claimant's costs of proof—Same as incumbrancer's costs of proof.
Provided that when the redemption price does not exceed £30 half fees only shall be allowed. When the price is fixed by consent the above fees shall, save as is hereinafter mentioned, also cover all costs of proceedings for redemption, but shall not include costs of apportionment, if apportionment be necessary, but if the consent has to be signed by the owner of the superior interest in person an additional fee of £1 10s. 0d. shall be allowed.
INSTRUCTIONS
88.
Ordinary instructions
0
10
0
89.
Instructions for appeals, briefs, apportionments, affidavits (other than the affidavits on Forms 2 and 6) objections, statements of facts, and other like documents
0
10
0
90.
To be increased according to circumstances, but not to exceed (save by direction of a Commissioner)
7
10
0
INSTRUCTIONS FOR DEEDS—See Conveyancing.
LETTERS
91.
Writing letter, signing and entry
0
5
0
92.
If several of same import, for each one after the first
0
3
0
MARKING NAMES
93.
Marking the names of parties to be served on any notice, and attending to transmit
0
5
0
MOTIONS EXPARTE
94.
Attending to fill up and lodge exparte motion docket
0
7
6
NEW SOLICITOR
95.
Fee to new Solicitor for reading documents and proceedings
1
10
0
(To be increased under special circumstances at the Taxing Officer's discretion.)
NOTICES
96.
Drawing of special notice
0
7
6
97.
Or, at option of Solicitor, per folio
0
1
0
98.
Drawing a common notice
0
3
9
99.
Drawing payment schedule to annex to notice of motion, per folio
0
1
0
PERUSALS
100.
Perusing and abstracting deeds for prima facie title, abstract of title, or affidavit by way of title, for each skin of fifteen folios
0
4
6
(Not more than eight skins to be allowed for any deed or instrument.)
101.
Perusing or comparing any deed or instrument for purpose other than the abstract of title, for each skin
0
3
0
102.
For perusing accounts, statements, special affidavits or objections, reports, and also old abstracts of title used for purposes of showing title in a pending matter
0
10
0
103.
Or, at option of Solicitor, per folio
0
0
6
104.
But not to exceed £7 10s. 0d. unless by Order of a Commissioner. The Taxing Officer to have regard to the previous perusal of any document and allow such fees for the perusal of such document as in his discretion he thinks proper.
POSSESSION
105.
Fee for attending for order to sheriff to put purchaser into possession, getting up order and lodging same with sheriff
3
0
0
REQUISITIONS
106.
For filling, completing and lodging requisition to have order of a Commissioner reconsidered
0
15
0
107.
Or, at option of Solicitor, per folio
0
1
6
108.
For other requisition
0
7
6
(To be increased at the discretion of the Taxing Officer under special circumstances.)
SEARCHES
109.
Hand search per hour
0
10
0
110.
Attendance on search for judgments, &c., and for all documents in any public office when made by officer, including attendance to bespeak and for search, where only one such search
1
0
0
111.
Where more than one such search, for each subsequent search after the first
0
10
0
112.
Docket or requisition for search in the Registry of Deeds
0
7
6
113.
If more than five folios, for each folio
0
1
6
114.
Fee and attendance on search in the Registry of Deeds, whether common or negative made by officer
1
0
0
115.
If made by Solicitor, for each hour
0
10
0
116.
Not to exceed in one day
2
0
0
117.
Search by Solicitor for judgments, for each name
0
10
0
118.
Search by Solicitor in any public office, per hour
0
10
0
SERVICE OF SUMMONSES, NOTICES OR OTHER DOCUMENTS NOT SERVED THROUGH NOTICE OFFICE
119.
In the City of Dublin, each person served
0
5
0
120.
In the County of Dublin, or in any city or town other than Dublin
0
10
0
121.
In other places
0
15
0
If personal service is requisite and same can only be effected with difficulty the Taxing Officer may at his discretion allow a larger sum.
SIGNING FEE
122.
Signing any document requiring signature
0
5
0
STATEMENT OF FACTS
123.
Drawing any statement of facts
1
10
0
124.
Or, at option of Solicitor, per folio
0
2
3
STATEMENT OF OWNERSHIP
125.
Instructions for statement of ownership, including all schedules and all attendances and other business incident to the drafting, preparation, lodgment, verification, printing and scrivenery of same (exclusive of the expenses of maps and other necessary expenditure and travelling expenses)
6
0
0
126.
Or such further reasonable sum as the Taxing Officer may on special grounds allow, having regard to the nature and difficulties of the case, not to exceed £30 unless by special direction of the judicial Commissioner.
If a statement of ownership is settled by Counsel, his fee may be allowed at the discretion of the Taxing Officer.
SUMMONS
£
s.
d.
127.
Summons for attendance of witnesses : for any number of persons not exceeding three, and the same for every additional number not exceeding three
0
10
0
TAXATION OF COSTS
128.
Drawing costs for taxation : per item
0
0
1½
129.
Attending to lodge and get day for taxation
0
10
0
130
Attending on taxation : for each 100 items
0
10
0
131.
Preparing and engrossing certificate of taxation of costs
0
7
6
132.
Like Certificate of non-payment on account of costs
0
7
6
133.
Perusing bill of costs by opposing Solicitor : for each 100 items
0
5
0
N.B.—Where an affidavit is required merely to verify or identify a document, it should be annexed thereto, and the entire is to be considered as one document, and no separate fees are to be allowed for attendance, draft, engrossment, copy or signature.
5. The proprietor hereby applies to the Irish Land Commission for an advance for the purpose of redeeming [the proportionate part applicable to the land in the first part of the schedule of] the said rent of £
s
.
d
.
Dated this
day of
192 .
Signature of the proprietor.
SCHEDULE referred to in the foregoing APPLICATION.
Barony.
Townland.
Area,
statute measure.
Tenement valuation exclusive of buildings.
A. R. P.
or
Barony.
Townland.
Number on map.
Area, statute measure.
Tenement valuation exclusive of buildings.
Proportion of rent paid.
A. R. P.
£ s. d.
£ s. d.
FIRST PART.
*
SECOND PART.
*This column to be inserted only when the lands in Second Part are not the property of the applicant.
I, the above-named , make oath and say that I have read the foregoing application and the schedule thereto and have examined the map of the land in the said schedule described upon which map, marked with the letter A, I have endorsed my name before swearing this affidavit, and the same application, schedule and map are true and accurate to the best of my knowledge, information and belief.
Sworn, etc.
FORM 37.
NOTICE OF MOTION TO APPOINT TRUSTEES, FOR THE PURPOSES OF THE SETTLED LAND ACTS, 1882 TO 1890.
[Heading and Title].
And in the Matter of the estate of situate at in the county of settled by a settlement made by an indenture dated the day of 19 , and made between
[
or
, by the will of dated
or as the case may be
], and in the Matter of the Settled Land Acts, 1882 to 1890.
Take notice that counsel will on the day of 192 ,apply to the Judicial Commissioner on the part of that G.H. ofand I.J. of may be appointed trustees under the above-mentioned settlement for the purposes of the Settled Land Acts, 1882 to 1890, and that the costs of this application may be directed to be taxed as between solicitor and client, and that the same, when taxed, may be paid out of the property subject to the said settlement, and that for that purpose all necessary directions may be given, which application will be grounded on, &c.
FORM 38.
ORDER OF SEQUESTRATION.
[Heading and Title].
Whereas as by an order herein dated the day of
192 , it was ordered that A.B. should [pay into the Bank of Ireland to the credit of this estate the sum of £ ,
or as the case may be
].
It is ordered by the Court that of (hereinafter called the sequestrator) be and he is hereby given full power and authority to enter upon all the messuages, lands, tenements and real estate whatsoever of the said A.B., and to collect, receive, and sequester into his hands not only all the rents and profits of his said messuages, lands, tenements and real estate, but also all his goods, chattels and personal estates whatsoever ; and that the sequestrator do at certain proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements and real estate of the said A.B., and collect, take, and get into his hands not only the rents and the profits of the said real estate, but also all the goods, chattels and personal estate of the said A.B., and detain and keep the same under sequestration in his hands until the said A.B. shall [pay into Court to the credit of this estate the said sum of £ ,
or as the case may be
, and] clear his contempt, and this Court make other order to the contrary.
Dated this
day of
192 .
Seal of the Irish
Land Commission.
Registrar.
FORM 39.
COMMISSION TO EXAMINE WITNESSES.
[Heading and Title].
It is ordered by the Court that of be and he is hereby authorized upon the day of 19 , at , in the presence of the solicitors for the persons appearing in this matter, or in the presence of their or of any of their lawfully appointed substitutes, or otherwise notwithstanding the absence of any of them, to swear the witnesses who shall be produced for examination in the said matter, and cause them to be examined, and their depositions to be reduced into writing, and that he be further authorized to adjourn (if necessary) the said examinations from time to time and from place to place, as he may find expedient. And it is further ordered that upon the examination being completed, he do transmit the depositions and the whole proceedings had and done before him, together with this order to the Registrar of the said Court.
Dated this
day of
192 .
Seal of the Irish
Land Commission.
Registrar.
FORM 40.
SUMMONS FOR THE ATTENDANCE OF WITNESSES AND FOR THE PRODUCTION OF DOCUMENTS.
[Heading and Title].
You and each of you are hereby required to attend before the Judicial Commissioner at his Court [
or
Chamber] at [
or otherwise
as the case may be
] at the hour of o'clock, on day, the day of 192 , and from day to day there to be examined in relation to this matter
[
In a summons for the production of documents here add
" and you are also hereby required to produce to the Court all papers, documents, letters, writings, and other evidences in your power, possession, or procurement, relating to this matter "
or otherwise as the case may be
].
And herein fail not at your peril.
Dated this
day of
192 .
Registrar.
FORM 41.
AFFIDAVIT TO GROUND APPLICATION FOR ORDER FOR POSSESSION.
COURT OF THE IRISH LAND COMMISSION.
LAND PURCHASE ACTS.
In the Matter of the holding of , in the lands of barony county sold by the Irish Land Commission.
I of make oath and say as follows :—
6. That save the proceedings herein there is not any suit or matter pending in any Court in relation to the said rent or lands, and that no person hereinbefore referred to is an infant, idiot, or lunatic [save—
here state the particulars of any suit or matter, and the names of any persons under disability, giving the names and addresses as the case may be of the guardian of infant, or committee of lunatic
].
7. That it is expedient that the said rent should be apportioned, and the proposed apportionment set forth in the said schedule would be just and fair having regard to the quantities and value of the lands, and the rights of the parties interested.
SCHEDULE referred to in the foregoing STATEMENT.
Townlands, barony, and county. (Ordnance Survey names only.)
Reference to map.
Area in statute measure of each townland or part of a townland.
Tenement valuation exclusive of buildings.
Names and addresses of owners or reputed owners.
Proportions in which the rent has heretofore been paid.
Proposed apportionment
Observations.
A.R.P
£ s.d
A. R. P
£ s.d.
FIRST PART.
SECOND PART.
Affidavit as in Form 32.
FORM 34.
STATEMENT OF FACTS FOR THE APPORTIONMENT OF A YEARLY RENTCHARGE.
Heading and Title, with the following addition :—
And in the Matter of the apportionment of a yearly rentcharge of £ created by an indenture dated the day of ,1 .
The statement of facts of
SHOWETH—
8. In every case in which the Court shall award costs to be paid by any person, the person to whom such costs shall have been awarded or his solicitor may, on application to the Registrar, obtain an order to the sheriff to levy such costs in Form 52. The order shall be signed by the Registrar and sealed with the seal of the Land Commission.
The person so applying must produce to the Registrar the order awarding the costs, the certificate of their taxation unless they shall have been measured by the Court, and a certificate by the solicitor for the applicant or by the applicant that the costs have been demanded and have not been paid.
A sum of sixteen shillings may be added to such costs for the costs of and incident to the issue of the order to the sheriff.
To obtain payment out of Costs Fund bill must be furnished and if required taxed.
9. To obtain a certificate from the Judicial Commissioner for payment to the vendor out of the Costs Fund when the costs of the proceedings have not been taxed, a bill of the costs incurred drawn in accordance with the schedule of fees must be furnished and, if the Judicial Commissioner so directs, shall be taxed.
ORDER XLVIII. VARIATION OF FORMS.
10. When the Examiner's requisitions, if any, as to title have been complied with, unless the redemption price can be distributed on an Allocation Schedule already lodged, an Allocation Schedule for distribution of the redemption price shall be settled, and when the claims appearing thereon have been vouched before the Examiner, it shall be listed before the Judicial Commissioner for ruling.
Rent to be paid up to date of distribution.
11. The proprietor of the parcel or registered owner of the holding, as the case may be, shall on or before the vouching produce to the Examiner evidence of the payment of all arrears of the rent, superior interest or charge to be redeemed, and of the proportionable part thereof up to the date of distribution, or shall give security to the owner of such rent, superior interest, or charge for such payment, and, in default, the Judicial Commissioner may dismiss the application for the advance or redemption, and order such proprietor or registered owner to pay the costs of all parties to the proceedings.
Making of advance and charging order.
12. When the Allocation Schedule has been ruled by the Judicial Commissioner, the amount of the advance to be made for the redemption and costs shall be ascertained and distributed, and an order shall be made charging the land with the repayment thereof.
Redemption price may be paid into Court in case of delay.
13. Should the owner of the rent, superior interest, or charge fail to lodge the proofs required by Rules 5, 6, or 8 of this Order within the period limited for lodgment of the same respectively, or should there be undue delay on the part of such owner or his solicitor in the proceedings towards distribution of the redemption price, the Judicial Commissioner may, on application made by or on behalf of the proprietor of the parcel, or registered owner of the holding, as the case may be, ascertain the amount of the advance, and order the 4½ per cent. Land Bonds representing the redemption price, 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 thereupon an order shall be made charging the land with the repayment of the advance.
Particulars, or certificate to be transmitted to the Registering Authority.
14. As soon as the advance is made the particulars for the registration of the proprietor's ownership to the parcel of land in the case of the redemption of a rent under section 38, or a certificate of the redemption and of the making of the charging order for entry on the Register of Titles in the case of the redemption of a superior interest or charge under section 39, shall be transmitted by the Registrar of the Land Commission to the Registering Authority.
ORDER XXIII. DISTRIBUTION OF THE PROCEEDS OF THE SALE BY THE LAND COMMISSION OF A HOLDING WHICH IS SUBJECT TO A PURCHASE ANNUITY, OR IS SOLD TO REALIZE MONEY DUE TO THE LAND COMMISSION.
Lodgment of money.
15. When any quit, crown, or composition rent, crown reversion, tithe rentcharge payable to the Land Commission or fixed annual instalments in lieu thereof, or Board of Works charge is being redeemed, the Owner or his solicitor should lodge with the Examiner for the vouching of the Allocation Schedule a receivable order issued from the proper office to enable the redemption price and arrears, if any, to be lodged to the proper account in the Bank of Ireland. Such receivable order shall specify separately the redemption price, the arrears, if any, and the income tax, if any, to be deducted from such arrears, and shall allow a sufficient time for lodgment.
Undertaking to apply redemption price of superior interest as capital money.
16. When the redemption price of a superior interest, or of an apportioned part thereof, exceeds thirty pounds but does not exceed one hundred pounds, the undertaking to be given by the person in possession or in receipt of the income of the superior interest, or by the trustees to be appointed or approved by the Land Commission, to apply such redemption price as if it were capital money arising under the Settled Land Acts, 1882 to 1890, shall be in writing under his or their hand or hands in Form 35. Where there is a vouching affidavit by the person or persons giving the undertaking, the same shall be embodied in the affidavit.
Affidavit of title to superior interest.
17. When a superior interest, other than those mentioned in Rule 15 of this Order, is of such a nature that it will necessarily be redeemed by the payment of a capital sum, and the redemption price would, on the basis of the prices for the time being fixed by the Judicial Commissioner for similar claims, exceed £100, and such redemption price will not be applicable in its entirety towards the extinguishment of a superior rent, the person claiming to be entitled to such superior interest or his solicitor shall, at latest within two months from the date hereinafter mentioned, lodge in the Examiners' office an affidavit in proof of his claim, prepared in accordance with such directions as may be issued by the Judicial Commissioner. The period of two months shall run, in the case of a superior interest affecting an estate sold under the Irish Land Acts, 1903 and 1909, from the date of the payment of the purchase money of such estate into the Bank of Ireland ; and in the case of a superior interest affecting land which will become vested in the Land Commission on the appointed day by virtue of the
Land Act, 1923
, from the publication of the final list containing such land or the appointed day, whichever be the earlier date.
Provided the Examiner may, on application made to him before the expiration of the said period, by certificate under his hand extend the time for lodgment to a specified date, stating the reason for such extension, and such certificate shall be lodged with the Registrar.
Price of superior interest may be placed to separate credit and invested.
18. If by reason of incumbrances affecting a superior interest, or for any other reason, the price or compensation payable in respect thereof cannot be distributed at the general allocation, the Judicial Commissioner may order such price or compensation to be paid into the Bank of Ireland to such credit as he may direct, and may make such order as may be just as to the investment thereof, and as to the payment of the dividends and interest thereon pending its distribution.
Memorandum of redemption of superior interest to be endorsed on instrument creating same.
19. Except in the case of the superior interests mentioned in Rule 15 of this Order, a memorandum of the redemption of a superior interest or of any apportioned part thereof shall be endorsed by the Registrar upon the instrument, if any, creating such superior interest, unless such instrument be retained in Court, or is not forthcoming.
ORDER XXII. REDEMPTION OF RENTS, SUPERIOR INTERESTS AND CHARGES UNDER
SECTIONS 38
AND
39
OF THE
LAND ACT, 1923
.
I.
Redemption of Rents under Section 38
.
Application for advance for redemption.
IRISH LAND COMMISSION. PROVISIONAL RULES UNDER
THE LAND PURCHASE ACTS
CONTENTS.
_________
ORDERS.
Number.
Subject Matter.
Page.
I.
Construction of Terms
1
II.
Officers
2
III.
Time
2
IV.
Entitling and filing of documents
3
V.
Appearances
3
VI.
Services
4
VII.
Compounded arrears of rent and payment in lieu of rent
6
VIII.
Ascertainment of lands to be vested in the Land Commission
9
IX.
Statement of Ownership
10
X.
Ascertainment of superior interests and persons entitled to charges
12
XI.
Requisitions to Quit Rent Office, Commissioners of Public Works, and as to tithe rentcharge
13
XII.
Copies of the Iris Oifugiúil to be filed and open to inspection
13
XIII.
Objections to provisional lists of lands
14
XIV.
Standard purchase annuity, and price of untenanted land
14
XV.
Retained holdings
15
XVI.
Resale of untenated land to owner
17
XVII.
Fishing rights and fisheries and sporting rights
17
XVIII.
Lodgment of deeds
18
XIX.
Abstract of Title and draft Allocation Schedule
20
XX.
Distribution of purchase money
21
XXI.
Superior interests
25
XXII.
Redemption of rents, superior interests and charges under
Sections 38
and
39
of the
Land Act, 1923
29
XXIII.
Distribution of the proceeds of the sale by the Land Commission of a holding which is subject to a purchase annuity, or is sold to realize money due to the Land Commission
32
XXIV.
Appointment of trustees for purposes of Settled Land Acts 1882 to 1890
34
XXV.
Relief of trustee in case of breach of trust
35
XXVI.
Motions and orders
35
XXVII.
Cause against conditional order
36
XXVIII.
Questions of law and appeals
36
XXIX.
Sequestration and attachment
37
XXX.
Evidence and examination of witnesses
38
XXXI.
Affidavits
40
XXXII.
Investments
41
XXXIII.
Ratification of exchange of land
42
XXXIV.
Registration of purchaser's ownership
42
XXXV.
Correction of error in vesting order or flat in leu thereof
43
XXXVI.
Change of parties by death or transmission of interest
43
XXXVII.
Order to Sheriff to put purchaser from, or nominee of the Land Commission in possession
44
XXXVIII.
Appointment of limited administrators and nominations
45
XXXIX.
Redemption of intervening interest under
Section 26
of the
Land Act, 1923
46
XL.
Provision of rights of way under
Section 43
of the
Land Act, 1923
47
XLI.
Payment to Land Agent on his ceasing to act as such
47
XLII.
Relief of congestion
48
XLIII.
Part III. of the
Land Act, 1923
(The National Land Bank, Limited)
49
XLIV.
Publications
50
XLV.
Certified copies and production of documents
50
XLVI.
Solicitors
51
XLVII.
Costs
52
XLVIII.
Variation of Forms
53
XLIX.
Commissioners
54
L.
Days on which the Land Commission shall be open
54
APPENDIX.
_________
FORMS.
Letter or Number.
Subject Matter.
Page.
A
Schedule of Particulars of Tenanted Holdings—
Judical Rents fixed before 16th August, 1911
56-57
B
Schedule of Particulars of Tenanted Holdings — Judical Rents fixed after 15th August, 1911
56-57
C
Schedule of Particulars of Tenanted Holdings— Non-Judical Rents
58-59
D
Particulars of Sublettings on Holdings referred to in Rental of Tenanted Holdings
58-59
E
Particulars of Untenanted Land
60-61
1
Rental
60-61
2
Affidavit by landlord or rents and arrears of rent
62
3
Affidavit by landlord's agent of rents and arrears of rent
63
4
Certificate of Appearances
63
Number.
Subject Matter.
Page.
5
Request by tenant to have half-year's compouded arrears of rent added to purchase money
64
6
Affidavit verifying particulars of lands to be vested in the Land Commission
64
7
Schedule of Areas
65
8
Affidavit verifying Map and Schedule of Areas
65
9
Statement of Ownership
66
10
General Notice to Claimants
70
11
Requisition to Superintendent of Quit Rent Office
70
12
Requisition to Commissioners of Public Works
71
13
Requisition as to tithe rentcharge
72
14
Objection to provisional list of lands
73
15
Notice of appeal to Judical Commissioner (Sec. 40 (3) )
73
16
Application under Part I. of First Schedule to
Land Act, 1923
, that standard purchase annuity be fixed in accordance with Part II. thereof
74
17
Agreement fixing the amount of standard purchase annuity
75
18
Notice of appealto Judical Commissioner from decision fixing standard purchase annuity
76
19
Notice of appeal to Judical Commissioner from decision fixing price of untenanted land
76
20
Requisition by tenant of retained holding to Land Commission to resell same to him (Sec. 33)
77
21
Requisition by tenant of retained holding to Land Commission to resell the part thereof not resumed by the Land Commission (Sec. 33)
78
22
Offer by the Land Commission to sell to the tenant of a retained holding the holding, or a new holding (Sec. 34 (1) )
79
23
Notice of intention of Irish Land Commission to declare the tenant of a retained holding the purchaser of a holding which he has refused to purchase (Sec. 34 (1) )
80
24
Objection by tenant of retained holding to the Land Commission declaring him purchaser of such holding or a new holding (Sec. 34 (1) )
81
25
Notice of appeal to Judical Commissioner (Sec. 34 (2) )
81
26
Requisition by owner of untenanted land to Land Commission to resell same to him (Sec. 32)
82
27
Particulars of fisheries appurtenant to lands in Forms A, B, C, D, or E (Sec. 45)
83
28
Notice of appeal to Judical Commissioner from decision fixing price of fishing rights or fishery or sporting rights
83
29
Notice to lodge deeds
84
30
Application for the Apportionment of Tithe Rentcharge payable to the Irish Land Commission
85
31
Application for the Apportionment of Fixed Annual Instalments in lieu of Tithe Rentcharge
87
32
Statement of Facts for the Apportionment of an Impropriate Tithe Rentcharge
89
33
Statement of Facts for the Apportionment of Rent, Fees, Duties or Services
90
Number.
Subject Matter.
Page.
34
Statement of Facts for the Apportionment of a Yearly Rentcharge
91
35
Undertaking to apply redemption price of a superior interest as if it were capital money arising under the Settled Land Acts, 1882 to 1890
92
36
Application for an advance for the purpose of redeeming a rent under
Section 38
of the
Land Act, 1923
92
37
Notice of motion to appoint trustees for the purposes of the Settled Land Acts, 1882 to 1890
94
38
Order of sequestration
95
39
Commission to examine witnesses
95
40
Summons for the attendance of witnesses and for the production of documents
96
41
Affidavit to ground application for order for possession
96
42
Order to Sheriff to put purchaser into possession
97
43
Order to Sheriff to put a nominee of the Irish Land Commission in possession of a holding
97
44
Request to nominate a person to be the proprietor of a holding
98
45
Notice of application to the Judical Commissioner that declaration under
Section 24
(3) of the
Land Act, 1923
, be not made
99
46
Requistion by the proprietor or tenant of a holding of which part is declared to be required for relief of congestion to have the entire so declared
99
47
Requistion by the propietor or tenant of a holding required for relief of congestion to be provided with a new holding
99
48
Notice of appeal to the Judical Commissioner (Sec. 24 (4) (b) )
100
49
Notice of appeal to the Judical Commissioner (Sec. 52)
100
50
Certificate to register apprentice or clerk
101
51
Certificate to registration of apprentice or clerk
101
52
Order to Sheriff to levy costs
101
SCHEDULE OF FEES
102
DIRECTIONS.
Subject Matter.
Page.
Abstract of Title (Nos. 1 to 9)
111
Form of certificate verifying Abstract of Title (No. 8)
114
Allocation Schedule (Nos. 10 to 24)
114
Form of Allocation Schedule (No. 10)
114
Form of certificate verifying Allocation Schedule (No. 19)
116
Final Notice to Claimants, Forms of (No. 20)
117-118
Title to Superior or Intervening Interests, or compensation payable to a tenant on resumption by the Land Commission of a Retained Holding (Nos. 25 and 26)
119
Chamber Applications (No. 27)
120
Limitation of Retainers for Costs (No. 28)
121
IRISH LAND COMMISSION.
PROVISIONAL RULES
UNDER
THE LAND PURCHASE ACTS
5th day of February, 1924.
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, that the following General Rules and Orders shall, from and after this date and until further order, take effect and be in force in relation to proceedings under and in pursuance of the Land Purchase Acts as defined by the
Land Act, 1923
, and the said Act, and all existing Rules and Orders made in pursuance of the powers conferred as aforesaid shall cease to be in force as regards all proceedings commenced or continued after this date ; save that as regards any proceeding in respect or arising out of any matter pending on 9th August, 1923, where these Rules and Orders are not applicable, the general Rules and Orders in force at the date hereof shall remain in force as if these Rules had not been made.
ORDER I. CONSTRUCTION OF TERMS.