IE
S.I. No. 18/1934 - Land Purchase Acts. Rules and Orders Under Section 3 of the Land Act, 1933.
Table of Provisions (10)
Statutory Text (10 Articles)
1. Fair Rent Orders, Fair Rent Agreements and Fair Rent Schedules, the printed matter not being charged for, per folio of 72 words
0
0
6
With a minimum fee of
0
2
0
2. Purchase Agreements, where the holding has not been vested in the Purchaser, to be charged for at a uniform rate of
0
1
0
3. Purchase Agreements, where the holding has been vested in the purchaser, the printed matter not being charged for, per folio of 72 words
0
0
6
With a minimum fee of
0
2
0
4. All other documents (except maps) filed or lodged in the Land Commission, the printed and written matter to be charged for at the folio rate, per folio of 72 words
0
0
6
With a minimum fee of
0
2
0
COPIES OF MAPS :—
The fee to be assessed according to the cost of preparation, with a minimum fee of
0
7
6
SEARCH FOR OR PRODUCTION OF DOCUMENTS :—
Search for or production of documents which are not required in connection with proceedings pending in the Land Commission, where the search does not occupy more than fifteen minutes—per document
0
1
0
Where the search occupies more than fifteen minutes, for each hour or portion of an hour occupied in the search, per document
0
2
6
PRODUCTION OF DOCUMENTS IN COURT :—
A subpœna is to be lodged together with a fee for production of the documents required of
1
1
0
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 above-mentioned fee, a sum for his travelling and subsistence allowance is to be paid ; this sum is not to be paid in Land Commission stamps.
5. That it is expedient that the rent 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.
(Where the rent actually paid by the applicant differs from the rent reserved in the grant or lease, add the following).
6. That the rent actually paid by him in respect of the parcel is the annual sum of
£
................., and the applicant submits that this sum has been paid and received in substitution for the rent reserved in the grant or lease and applies that it be deemed to be the rent of the parcel for the purposes of this application.
(Add the following if appropriate).
7. That the sum of
£
................was paid by the applicant ('s predecessor) in the year..............by way of fine or consideration for the making of the said grant or lease.
(If a previous application under
Section 44
of the
Land Act, 1931
, and refused, add the following)
8. That a previous application by the applicant (or by C. D., his predecessor in title) was refused by order dated the.........day of......................... The grounds for such refusal were (state the grounds for the refusal).
9. And the applicant hereby applies to the Land Commission for a declaration pursuant to sub-section (1) of
Section 44
of the
Land Act, 1931
, as amended by
Section 42
of the
Land Act, 1933
, that the said parcel shall vest in the Land Commission on the appointed day as if it were tenanted land.
Dated this.........day of.......................................
Signature of applicant or his solicitor.
SCHEDULE.
County Baron Townland and Ref. Nos. on Map
Area
Poor Law Valuation
Tenure (give short particulars and Rent)
Proportions in which the rent has heretofore been paid
Proposed Apportionment
Names and Addresses of the several co-grantees or co-lessees
Names and Addresses of other persons interested as owners of Superior interests or otherwise and their Solicitors
A.R.P.
£ s.
FIRST
PART.
SECOND
PART.
AFFIDAVIT.
I, the said............................................................ ............................................................ ..................
make oath and say as follows :—
I have read the foregoing application and the Schedule annexed thereto and I have examined the map attached thereto and the same are true and correct in every particular to the best of my knowledge, information and belief.
Sworn, etc.
FORM 106.
CLAIM BY A SUB-TENANT IN RESPECT OF THE COMPOUNDED ARREARS OF RENT CHARGED ON HIS SEPARATE HOLDING.
IRISH LAND COMMISSION.
LAND ACT, 1933
—SECTION 43.
Estate of............................................................ .................................................Owner.
County of............................................................ ..................Record No. S...................
The claim of A. B., of..................(state postal address in full and occupation or other description) (hereinafter called the claimant) sheweth :—
STATUTORY RULES AND ORDERS. 1934. No. 18.
LAND PURCHASE ACTS. RULES AND ORDERS UNDER SECTION 3 OF THE LAND ACT, 1933.
22nd day of January,
1934.
It is this day ordered by the Minister for Lands and Fisheries 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 and Orders shall, from and after this date 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 said Acts, in so far as they are inconsistent with these rules and orders, but no further, are hereby amended or revoked.
JOSEPH CONNOLLY,
Minister for Lands and Fisheries.
We hereby concur in the making of the following Rules and Orders
W. E. WYLIE,
KEVIN O'SHIEL,
M. DEEGAN.
Members of the Committee.
CONTENTS.
ORDERS.
Number
Subject Matter
Page
I
Definitions and Interpretation
5
II
Collection of revised annuities by the Land Commission
5
III
Arrears and revision of sub-tenants' rents
5
IV
Funding of arrears payable to the Church Temporalities Fund
6
V
Warrant of Arrears
6
VI
Relief of Congestion
7
VII
Resumption
7
VIII
Compulsory Acquisition
8
IX
Sporting Rights
8
X
Reduction of standard purchase annuities
9
XI
Fee Farm Grants
9
XII
Compounded arrears of rents of sub-tenancies
10
XIII
Application in respect of a holding which had previously been excluded by order of the Land Commission
11
XIV
State Debts
11
XV
Fees
11
XVI
Time and Forms
12
XVII
Rules
12
CONTENTS-
continued.
APPENDIX I—FORMS.
Number
Subject Matter
Page
98
Objection to a certificate of the funded debt due by a sub-tenant
13
99
Application for an order funding arrears and revising an annual payment to the Church Temporalities Fund
14
100
Warrant of the Land Commission certifying the debt due by a defaulter
15
101
Application that an order declaring lands to be required for the relief of congestion be not made
16
102
Requisition to the Land Commission to acquire an entire holding and to provide the owner with a new holding
16
103
Petition to the Land Commission praying that a holding be not resumed
17
104
Application that Sporting Rights be not vested
18
105
Application for a declaration that a parcel of untenanted lands held under a fee farm grant, renewable lease, or lease for a long term, should vest in the Land Commission as tenanted land.
18
106
Claim by a sub-tenant in respect of the compounded arrears of rent charged on his separate holding.
20
107
Application by a tenant for the inclusion of his holding in a list of vested holdings, or for an order declaring the appointed day for it, where the holding had previously been excluded
21
APPENDIX II—SCHEDULE OF FEES
22
ORDER I.DEFINITIONS AND INTERPRETATION.
Definitions.
In these Rules unless the context otherwise requires
(
a
) " The Act " means the
Land Act, 1933
.
(
b
) " Arrears " means arrears of all payments provided for in Part III of the Act.
(
c
) " Purchaser " means the proprietor of a purchased holding, the purchasing tenant of a holding subject to an agreement for purchase, the tenant of a holding under the Land Commission, or the allottee of a parcel of untenanted land.
(
d
) " Holding " means land held subject to a purchase annuity, or to an agreement for purchase, or under a contract of tenancy, or a parcel of untenanted land held by an allottee from the Land Commission.
(
e
) " Annuity " means and includes where the context permits in addition to purchase annuities, " annual sums " and " additional sums " payable by purchasers.
Interpretation.
The
Interpretation Act, 1923
(No. 46 of 1923) applies to the interpretation of these orders and rules in like manner as it applies to the interpretation of an Act of the Oireachtas.
ORDER II.COLLECTION OF REVISED ANNUITIES BY THE LAND COMMISSION.
Issue of receivable order.