S.I. No. 361/1936 - Land Purchase Acts Rules, 1936.

1. That the lands described in the first part of the Schedule hereto and shown on the map annexed are held from the owner under the grant (or lease) and at the rent therein stated.

2. That the parcel is being worked, let or managed by a receiver appointed (set out the Order of the court and the title of the matter in which the appointment was made, or the name of the mortgagee with the date of the mortgage under which the receiver has been appointed as the case may be).

3. That he submits that the parcel (or that part of the parcel set out in the second part of the Schedule hereto (as the case may be)) would not have been excepted from the provisions of subsection (1) of

Section 24

of the

Land Act, 1923

, had it been tenanted land.

4. That the remainder of the said lands are (state the reason for their being excluded from the application, whether as tenanted land or otherwise).

Add if appropriate.

5. That the property held under the grant (or lease) includes an incorporeal hereditament as well as lands, that is to say (give particulars of the incorporeal hereditament).

When the applicant is co-owner of the lands add the following.

6. That the rent paid for years and upwards by the applicant in respect of the lands in the second part of the said Schedule is the sum of

£

as therein stated, and that the balance of the said rent of (the full rent) has been paid by to the best of the knowledge, information and belief of the applicant.

7. 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 value of the incorporeal hereditament (if any) 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.

8. 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 if appropriate.

9. 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.

Add if appropriate.

10. That the lands form part of a holding purchased under the Land Purchase Acts, that is to say (give particulars of the Purchase Proceedings).

If a previous application under

Section 44

of the

Land Act, 1931

, and refused, add the following.

11. 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).

Add if appropriate.

12. That the grant (or lease) under which the parcel is held was made after the 9th day of August, 1923, and before the 14th day of October, 1933, and the applicant submits that it would be in the interests of the country that the parcel should be sold to the applicant under the Land Purchase Acts.

13. And the Applicant hereby applies to the Land Commission for a declaration pursuant to subsection (1) of

Section 44

of the

Land Act, 1931

, as amended by

Section 42

of the

Land Act, 1933

, and by

Sections 37

(3),

42

and

43

of the

Land Act, 1936

, 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 the applicant or of his solicitor).

SCHEDULE.

County, Barony, Townland, and Ref. Nos. on Map

Area

Poor Law Valuation

Tenure (give short partic- ulars) and Rent

Proportions in which the Rent has heretofore been paid

Proposed Appor-

tionment

Namesand 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 115.

APPLICATION BY A TENANT FOR AN ORDER DIVIDING HIS HOLDING AND DECLARING THE APPOINTED DAY FOR A PART THEREOF.

IRISH LAND COMMISSION.

LAND ACT, 1936

, SECTION 41.

Estate of

Owner

County of

Record No. S.

The application of A.B. of (state address and description) (hereinafter called the applicant) sheweth :—

That he is the tenant to the above-named owner of the lands described in the first part of the Schedule hereto under a contract of tenancy (give particulars of tenure) at the yearly rent of

£

That he is advised that that part of the holding described in the Second Part of the Schedule is excluded from the provisions of sub-section (1) of

Section 24

of the

Land Act, 1923

, by reason that (state reasons for exclusion).

That he submits that the provisions of sub-section (1) of

Section 24

of the

Land Act, 1923

, apply to the part of the holding described in the third part of the Schedule hereto.

Strike out if inappropriate.

That the rent payable by the Applicant is partly in respect of the lands described in the first part of the Schedule and partly in respect of an incorporeal hereditament that is to say (give particulars of the incorporeal hereditament).

And he hereby applies to the Land Commission for an order to divide the holding described in the first part of the Schedule into separate holdings as described in the second and third parts of the Schedule, to apportion the rent between the said separate holdings and to declare the appointed day for the separate holdings described in the third part of the Schedule.

SCHEDULE.

PART I.

Map

No.

Townland.

Area

Valuation.

Rent.

a

r.

p.

[together with the right (set out shortly the incorporeal hereditament, if any)].

PART II.

The separate holding to which sub-section (1) of

Section 24

of the

Land Act, 1923

, does not apply.

Map

No.

Townland.

Area

Valuation.

Rent.

a.

r.

p.

[together with the right (set out the incorporeal hereditament, if any)].

PART III.

The separate holding to which sub-section (1) of

Section 24

of the

Land Act, 1923

, applies.

Map

No.

Townland.

Area.

Valuation.

Rent.

a.

r.

p.

Dated this

day of

Signature (of the applicant or of his solicitor).

FORM 116.

NOTICE OF VESTING.

IRISH LAND COMMISSION.

LAND ACT, 1936

, SECTION 46.

Estate of

Owner

County

Record No.

TAKE NOTICE that unless cause is shown to the contrary within one month from this date the Land Commission intend to make an Order vesting the lands referred to in the first part of the Schedule hereunto annexed in the Land Commission. The said Order will have the effect of vesting the said lands in the Land Commission in fee simple subject as follows :—

(

a

) To any public right affecting the lands ;

(

b

) To the Sporting Rights reserved by the Vendor (omit if not the case) ;

(

c

) To any interests of the Tenants on the lands or of persons having claims upon those interests and to any easements, rights, and appurtenances mentioned in Section 34 of the Land Law (Ireland) Act, 1896.

and subject also to the provisions of Section 99 of the Irish Land Act, 1903, but save as aforesaid discharged from the claims of all persons interested in the lands, which claims shall from the date of such vesting order cease as against the lands, and attach to the Purchase Money thereof in like manner as immediately before the date of the order they attached to the lands.

Omit if not applicable.

AND TAKE NOTICE that the Land Commission proposed to resell to the said A.B. the lands mentioned in the second part of the said Schedule, and that he has

agreed to

repurchase the same.

refused to

SCHEDULE.

PART I.

The lands purchased by the Land Commission.

Townland, Barony, County

Area

A.

R

P.

SCHEDULE.—continued.

PART II.

The lands offered to be resold to the Vendor.

Omit if not applicable.

Townland, Barony, County

Area

A.

R.

P.

STATUTORY RULES AND ORDERS. 1936. No. 361.

LAND PURCHASE ACTS RULES, 1936.

LAND PURCHASE ACTS (1923 TO 1933) AND

LAND ACT, 1936

.

RULES AND ORDERS UNDER THE

LAND ACT, 1933

.

9

TH

DAY OF DECEMBER, 1936.

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 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.

GERALD BOLAND,

Minister for Lands.

We hereby concur in the making of the following Rules.

Members of the Committee

CONCHUBHAR A. MAGUIDHIR,

KEVIN O'SHIEL,

M. DEEGAN,

CONTENTS.

ORDERS.

Number

Subject Matter

Page

I.

Interpretation

5

II.

Notice of Reduction of Standard Purchase Annuities

5

III.

Warrant of Arrears Due

5

IV.

Appointment of Limited Administrators

5

V.

Compulsory Acquisition

6

VI.

Omitted Holdings

7

VII.

Stud Farms

7

VIII.

Extinguishment of Superseded Rights of Way

8

IX.

Restrictions on the Cutting or Removal of Bent

9

X.

New Tenancies

9

XI.

Fee Farm Grants and Long Leases

10

XII.

Sporting Rights

11

XIII.

Purchase of Part of a Holding

11

XIV.

Notice of Vesting Orders

12

XV.

Time and Forms

12

XVI.

Evidence

13

XVII.

Rules

13

CONTENTS (

Continued

).

APPENDIX—FORMS.

Number

Subject Matter

Page

108

Warrant of the Land Commission certifying the debt due by a defaulter

14

109

Objection to a provisional list of lands certified to be required for the relief of congestion or for the purpose of resale to the persons or bodies referred to in

Section 25

of the

Land Act, 1936

15

110

Requisition to the Land Commission to acquire an entire holding and to provide the owner with a new holding

16

111

Objection to the extinguishment of a Right of Way

17

112

Notice of Intention to make an Order prohibiting the cutting of bent

17

113

Application by a tenant of a holding created after the 9th day of August, 1923 and before the 14th day of October, 1933, that his holding be sold to him under the Land Purchase Acts

18

114

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

18

115

Application by a tenant for an order dividing his holding and declaring the appointed day for a part thereof

20

116

Notice of Vesting

22

ORDER I. INTERPRETATION.

Definitions.