01/04/1930: Irish Land Commission.

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).

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.

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 :—

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.

1

st 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.