Provisional Rules and Forms (Land Act, 1931).
Table of Provisions (10)
Statutory Text (10 Articles)
1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) objects to the making of an order by the Land Commission in the terms of the application of
dated the day of refusing to advance the purchase money,
or
, reducing the standard purchase annuity, of the holding of the applicant.
2. The interest of the objector is (here state the objector's interest, e.g., as landlord or otherwise as claiming an interest in the holding or the purchase money).
3. The grounds relied on by the objector in support of his objection are (here state them fully).
Dated this day of
Signature of objector or his solicitor.
FORM 97.
NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.
COURT OF THE IRISH LAND COMMISSION.
LAND ACT, 1931
, SECTION 47.
Estate of
Owner.
County of
Record No. S.
A. B. of is aggrieved by the decision of the Land Commission dated the day of granting,
or
, refusing the application of
for an order that the Land Commission should refuse to advance the purchase money,
or
, reduce the standard purchase annuity, of the holding of the applicant, and requires the matter to be reheard by the Judicial Commissioner.
Dated this day of
Signature of appellant or his solicitor.
To the Registrar of the Irish Land Commission.
4. Unless the application is otherwise disposed of it shall be listed for hearing, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested in the application or on their respective solicitors.
Appeal to the Judicial Commissioner.
5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission made on an application under
section 47
of the
Land Act, 1931
, or made without any such application, or on any objection to the making of such order, shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 97, and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.
ORDER XVII.
PAYMENT OF THE ADDITIONAL SUM.
SECTION 51.
6. Vesting orders under Part III of the
Land Act, 1931
, shall be published in the
Iris Oifigiúil
; one or more holdings may be included in the same Vesting Order. Copies of so much of a Vesting Order as relates to any particular holding included in it, together with a notice of the manner in which and the time within which objections may be made thereto shall be served by the Land Commission personally or by registered post on each tenant named in the said order or on his solicitor.
Time for lodgment of, form of, and notice of filing of objections to Vesting Orders.
7. Any person objecting to a Vesting Order may lodge his objection within one month after the service of the copy of the order. The objection should be in writing in Form 87 ; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission, and notice of such filing shall be served by the Land Commission personally or by registered post on such persons other than the objector, as may appear to the Land Commission to be affected thereby or on their respective solicitors.
Notice of the hearing of an objection.
8. Unless the objection is otherwise disposed of it shall be listed for hearing, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and the other persons appearing to be affected thereby or on their respective solicitors.
Appeal to the Judicial Commissioner.
9. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an objection to a Vesting Order shall within fourteen days of the date of such order serve notice of appeal on the other interested parties, which notice may be in Form 88, and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.
ORDER X.
DISTRIBUTION OF SMALL AMOUNTS OF PURCHASE MONEY.
SECTION 35.
Undertaking to apply sums exceeding £30, but not exceeding £100 as capital money.
LAND PURCHASE ACTS. 06/05/1931: LAND PURCHASE ACT - PROVISIONAL RULES
CONTENTS.
ORDERS.
No.
SUBJECT MATTER.
PAGE
I.
Lists of Vested Holdings
5
II.
Standard Purchase Annuities in the case of non-judicial holdings
6
III.
Vesting Orders
6
IV.
Dismissal of Proceedings
7
V.
Omitted Holdings
8
VI.
Sub-tenants
9
VII.
Validation of Sub-divisions and Sub-lettings
9
VIII.
Guarantee Deposits
10
IX.
Vesting of Holdings on Resale
11
X.
Distribution of small amounts of purchase money
13
XI.
Payment of Dividends on Land Bonds pending distribution and redemption of superior interests
14
XII.
Notice of Sale of Holdings by the Land Commission
14
XIII.
Provision of Water Rights
14
XIV.
Confirmation of the enjoyment of Grazing and Turbary
15
XV.
Fee Farm Grants
16
XVI.
Fixing Standard Purchase Annuities for deteriorated holdings
17
XVII.
Payment of the additional sum
18
XVIII.
Time and Forms
18
APPENDIX.
FORMS.
72.
Objection to an Amendment in a List of Vested Holdings (section 10)
19
73.
Notice of Appeal to the Judicial Commissioner (section 10)
20
74.
Objection to a Vesting Order (section 12)
20
75.
Notice of Appeal to the Judicial Commissioner (section 12)
21
76.
Application to the Land Commission that an Order dismissing purchase proceedings in respect of a Vested Holding be not made (section 13)
21
77.
Notice of Appeal to the Judicial Commissioner (section 13)
22
No.
SUBJECT MATTER.
PAGE
78.
Application by a Tenant for the inclusion of his holding in a List of Vested Holdings (section 14)
22
79.
Notice of Appeal to the Judicial Commissioner (section 14)
23
80.
Objection to a Sub-tenancy Declaration (section 15)
23
81.
Notice of Appeal to the Judicial Commissioner (section 15)
24
82.
Application for the validation of a Sub-division or a Sub-letting (section 16)
25
83.
Objection to the making of a Declaration validating a Sub-division or a Subletting (section 16)
26
84.
Notice of Appeal to the Judicial Commissioner (section 16)
27
85.
Objection to an Amendment in a List of Congested Districts Holdings and of Holdings on untenanted land (section 25)
27
86.
Notice of Appeal to the Judicial Commissioner (section 25)
28
87.
Objection to a Vesting Order (section 28)
28
88.
Notice of Appeal to the Judicial Commissioner (Section 28)
29
89.
Undertaking to apply purchase money as if it were capital money under the Settled Land Acts, 1882 to 1890 (section 35)
30
90.
Application for a Declaration confirming the enjoyment of Grazing or Turbary (section 40)
30
91.
Objection to the making of a Declaration confirming the enjoyment of Grazing or Turbary (section 40)
31
92.
Notice of Appeal to the Judicial Commissioner (section 40)
32
93.
Application for a Declaration that a parcel of untenanted land held under a Fee Farm Grant, Renewable Lease or Lease for a long term should vest in the Land Commission as tenanted land (section 44)
32
94.
Notice of Appeal to the Judicial Commissioner (section 44)
34
95.
Application for the alteration or reduction of the Standard Purchase Annuity of a holding deteriorated owing to the neglect of the Landlord to repair drains, etc. (section 47)
34
96.
Objection to the making of an Order refusing to advance purchase money or reducing the Standard Purchase Annuity (section 47)
36
97.
Notice of Appeal to the Judicial Commissioner (section 47)
46
IRISH LAND COMMISSION.
The Irish Land Commission in exercise of the power in that behalf conferred by section 2 of the Rules Publication Act, 1893, hereby certifies that on account of urgency the Rules set forth in the Schedule hereto should come into immediate operation, and hereby orders that the said Rules shall come into operation forthwith as Provisional Rules and continue in force until Rules shall have been made in accordance with the provisions of the above-mentioned Act.
Dated this 6th day of May, 1931.
W. E. WYLIE.
KEVIN R. O'SHIEL.
M. J. HEAVEY.
M. DEEGAN.
S. J. WADDELL.
SCHEDULE.
IRISH LAND COMMISSION.
PROVISIONAL RULES UNDER THE LAND PURCHASE ACTS.
6th day of May, 1931.
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 53
of the
Land Act, 1931
, 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 supplemental to the Provisional Rules dated respectively the 5th February, 1924, the 30th April, 1925, the 27th September, 1926, the 24th August, 1927, the 25th June, 1929, the 25th September, 1929, and the 15th July, 1930.
ORDER I.
LISTS OF VESTED HOLDINGS.
SECTIONS 9 AND 10.
Publication of lists and service of copies on owners and tenants.