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S.I. No. 341/1939 - Land Purchase Acts Rules, 1939.
Table of Provisions (13)
Statutory Text (13 Articles)
1. A. B. of (state address and description) (hereinafter called the objector) objects to the exercise by the Land Commission of the powers conferred by section 57 of the Act as set out in the notice dated the day of that is to say (state specifically the particular items objected to).
2. The interest of the objector in the above-named lands is (state the nature of the interest, if any).
3. The grounds on which the objector relies in support of his objection are (state them specifically).
Dated this day of
Signature (of the objector or of his solicitor)
....................................
FORM 129.
NOTICE OF INTENTION TO MAKE AN ORDER PROHIBITING THE REMOVAL OF THE SURFACE OF LANDS.
IRISH LAND COMMISSION.
LAND ACT, 1939
.—SECTION 58.
County of Electoral Division of
Lands of containing a. r. p.
Take notice that the Irish Land Commission intend forthwith to make an order in pursuance of their power under
Section 58
of the
Land Act, 1939
, prohibiting the removal of the surface of the above-mentioned lands.
Any person disobeying this order shall be guilty of an offence under the section and will be liable, on conviction, to the penalties provided by the Statute.
(Signed) .................................
Secretary.
4. That the applicant submits that he is subtenant of a holding to which
section 24
of the
Land Act, 1923
, as extended by subsequent Land Acts, applies, and he hereby applies to the Land Commission for an order requiring the owner or the said C. D. to furnish to the Land Commission the particulars of the holding and of the subtenancy in accordance with the said sub-section.
Dated this day of
Signature (of the applicant or of his solicitor)
..........................................
FORM 127.
OBJECTION TO THE MAKING OF WATERCOURSES AND DRAINS.
IRISH LAND COMMISSION.
LAND ACT, 1939
.—SECTION 55.
County of
Lands of
5. That the rent (or rent charge) 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 rent (or rent charge) has been paid by to the best of the knowledge, information and belief of the applicant.
6. That it is expedient that the rent (or rent charge) be apportioned, and that the proposed apportionment set forth in the schedule would be just and fair having regard to the quantities and value of the lands (and the value of the incorporeal hereditaments) and the rights of the parties interested.
Where rent actually paid differs from that reserved.
7. That the rent (or rent charge actually paid by him in respect of the parcel is the sum of £ , and the applicant submits that this sum has been paid and received in substitution for the rent (or rent charge) reserved in the grant (or conveyance or lease) and appeals that it be deemed to be the rent (or rent charge) payable in respect of the parcel for the purpose of this application.
8. That the sum of £ was paid by the applicant (or the applicant's predecessor in title) in the year by way of fine or consideration for the said grant (or conveyance or lease).
9. That the lands form part of a holding (or constitute a holding) purchased under the Land Purchase Acts, the particulars of which purchase are as follows :—
(here state the particulars of that purchase).
10. That a previous application by the applicant (or by C. D. a predecessor of the applicant) was refused by order dated the day of on the grounds that (state grounds for the refusal).
11. That the grant (or conveyance, 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 interest of the country that the parcel should be sold to the applicant under the Land Purchase Acts.
12. And the applicant hereby applies to the Land Commission for a declaration pursuant to the provisions of the sections in the title hereof enumerated that the 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. No. on Map
Area
Poor Law Valuation
Tenure (give short particulars and state 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
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 126.
APPLICATION BY A SUBTENANT TO HAVE PARTICULARS FURNISHED.
IRISH LAND COMMISSION.
LAND ACT, 1939
.—SECTION 53.
Estate of
Owner
County of
Record No. (if any)
The application of A. B. of (state address and description) (hereinafter called the applicant) sheweth :—
STATUTORY RULES AND ORDERS. 1939. No. 341.
LAND PURCHASE ACTS RULES, 1939.
IRISH LAND COMMISSION.
LAND PURCHASE ACTS, 1923 TO 1939.
RULES AND ORDERS UNDER THE
LAND ACT, 1933
.
22ND DAY OF NOVEMBER, 1939.
It is this day ordered by the Minister for Lands in pursuance of the power 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.
T. Ó DEIRG,
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
Guarantee Deposits
5
III
Amendments of lists of vested holdings
6
IV
Partition of holdings held in commonage
6
V
Payment of arrears of instalments of loans made by the Congested Districts Board
7
VI
Funding of arrears and revision of rents payable to the Church Temporalities Fund
8
VII
Exchange of portions of holdings
8
VIII
Transfer of charges on exchange or rearrangement of holdings
9
IX
Subtenancies on purchased holdings
9
X
Resumption of holdings
10
XI
Extinguishment of easements, rights and tenancies
11
XII
Fee Farm Grants, Conveyances subject to perpetual rent-charges and leases
11
XIII
Applications by sub-tenants to have particulars furnished
12
XIV
Appointment of Limited Administrators and Nomination of representatives
12
XV
Watercourses and Drains
13
XVI
Provision of water rights
13
XVII
Fixation of sand
13
XVIII
Prohibition of the removal of the surface of land
14
XIX
Certified copies of documents
15
XX
Time and Forms
15
APPENDIX—FORMS.
Number
Subject Matter
Page
117
Application for partition of a holding by a co-owner
15
118
Objection to a scheme for partition of a holding
17
119
Funding of arrears and revision of rents payable to the Church Temporalities Fund
18
120
Objection to an exchange of portions of adjoining holdings
20
121
Application by a subtenant of a tenant on a purchased holding to have particulars of his holding furnished
20
122
Petition to the Land Commission praying that a holding be not resumed
21
123
Requisition to the Land Commission to resume an entire holding and to provide the tenant-purchaser with a new holding
22
124
Objection to the extinguishment of easements, rights and tenancies
23
125
Application for a declaration that a parcel of untenanted land held under fee farm grant, conveyance in fee simple subject to a perpetual yearly rent charge, renewable lease, or lease for a long term should vest in the Land Commission, as tenanted land
24
126
Application by a subtenant to have particulars furnished
27
127
Objection to the making of watercourses and drains
28
128
Objection to a sand fixation order
28
129
Notice of intention to make an order prohibiting the removal of the surface of lands
29
ORDER I. INTERPRETATION.
Definition.