IE
S.I. No. 50/1951 - Irish Land Commission Land Purchase Acts, 1923 To 1950. Rules and Orders Under The Land Act, 1933. The 26Th Day of February, 1951.
Table of Provisions (23)
Statutory Text (23 Articles)
1. Fair Rent Orders, Fair Rent Agreements and Fair Rent Schedules, the printed matter not being charged for, per folio of 72 words
1
0
With a minimum fee of
4
0
2. Purchase Agreements, where the holding has not been vested in the Purchaser, to be charged for at a uniform rate of
2
0
3. Purchase Agreements, where the holding has been vested in the Purchaser, to be charged for at a uniform rate of
5
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
1
0
With a minimum fee of
4
0
Copies of Maps :—
The fee to be assessed according to the cost of preparation, with a minimum fee of
15
0
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
2
0
Where the search occupies more than fifteen minutes, for each hour or portion of an hour occupied in the search, per document
5
0
Production of Documents in Court :—
A subpoena is to be lodged together with a fee for production of the documents required of
2
2
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 abovementioned 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 for the following reasons the consent of the co-owner(s) other than the applicant(s) to the partition of the said land has not been obtained (e.g. absence, unwillingness, incapacity or other reason) :—
6. That the said land is (not) subject to a Tithe Rent Charge (if subject, give particulars).
SCHEDULE
DESCRIPTION OF THE LAND TO BE PARTITIONED
Townland
Area
Revised Annuity or Annual Sum
a. r. p.
£ s. d.
Dated the day of 19
Signatures of the applicant(s) or of their respective Solicitors............................................................ ....
Note.—The words in italics should be struck out where not applicable.
FORM 132.
OBJECTION TO A SCHEME FOR PARTITION OF LAND
IRISH LAND COMMISSION
LAND ACT, 1939
, SECTION 24.
*
LAND ACT, 1950
, SECTION 25.
* Strike out if inapplicable.
Estate of ............................................................ .................... County.......................................................
Land to which Partition Scheme relates :—
Townland
Area
a. r. p.
7. Compensation shall be fixed separately in respect of each interest provided that applications in relation to the same land may be taken together at the discretion of the Judicial Commissioner.
8. Where any interest either is subject to a mortgage or is settled land (within the meaning of the Settled Land Acts, 1882 to 1890) subject to any charge subsisting under a settlement the compensation in respect of such interest shall be fixed on the assumption that it was not so subject.
9. In the case of an interest subject to a mortgage the mortgagee shall, as against such interest, be entitled to claim in respect of the mortgage debt and if necessary shall be entitled to apply to have the compensation in respect of such interest fixed.
Application to fix compensation.
10. An application to the Judicial Commissioner to fix compensation shall be by motion on notice. The notice of motion shall specify :—
(
a
) the land (in appropriate cases the dominant and servient tenements) and the exact nature of the interest (including any mortgage charge or encumbrance thereon) in respect of which the application is made, and
(
b
) that it is grounded on a verifying affidavit which may be inspected at the Registrar's Office.
11. The verifying affidavit, which shall refer to the conveyance to the Land Commission and the transfer order, shall state the grounds on which compensation is claimed and the right of the claimant thereto and shall contain all such averments as may conduce to the fixation, allocation and payment of compensation on an equitable basis.
12. Certified copies of the conveyance, transfer order and verifying affidavit may be obtained from the Solicitor to the Land Commission by any person on payment of the prescribed fees for the time being in force by virtue of any rules under the Land Purchase Acts.
13. A copy of the notice of motion shall be served on the Land Commission by the claimant. Where a claimant is entitled jointly or in common with any person or persons to an interest a copy of the notice of motion shall be served on such person or persons by the claimant. Where the Land Commission apply to the Judicial Commissioner they shall serve a copy of the notice of motion on all persons appearing to the Land Commission to be concerned in the application.
14. The notice of motion and the verifying affidavit shall be lodged in the Registrar's Office of the Land Commission.
15. An attested copy of the affidavit grounding any application to fix compensation to be heard by the Judicial Commissioner shall be lodged in the Examiners' Branch for reference to an Examiner of Title and he shall, on being satisfied that there is a prima facie claim for compensation, and that the claimant is the party entitled to claim, arrange to have the application listed for hearing.
16. Not less than seven days' notice of the hearing by the Judicial Commissioner of any application for compensation shall be given to such persons as may be directed by the Examiner and to all persons appearing to the Land Commission to be concerned in the application.
17. Every claimant shall furnish on request to the Land Commission any document or other information in his power or procurement which may be required for the purpose of fixing, allocating or paying compensation.
Allocation and payment of compensation and provisions as to costs.
18. The provisions of the Land Purchase Acts and the Rules made thereunder shall with all requisite modifications apply, as if the compensation were the purchase money of lands acquired under those Acts, to the allocation, distribution and payment ofcompensation and to the awarding and enforcing of any costs and expenses to and against any person. For the purpose of the payment of any compensation a claimant may be deemed to be the person in possession or in receipt of the income of or from the interest in respect of which the compensation is payable.
19. In any case where the Judicial Commissioner shall fix the amount of the compensation of any interest of the Land Commission and of any claim or claims (as the case may be) against such interest he shall allocate the balance (if any) to the Land Commission.
20. Where a mortgagee is paid any sum in respect of the mortgage debt, out of the compensation in respect of an interest, then, notwithstanding anything contained in the instrument creating the mortgage, the following provisions shall have effect :—
(
a
) such sum shall be deemed to have been paid on the operative date by the mortgagor in satisfaction of an amount of the mortgage debt equivalent to such sum, and
(
b
) such sum shall be deemed to have been applied so far as it extended, firstly towards satisfaction of interest and thereafter towards satisfaction of principal money,
but without prejudice to any subsisting rights and remedies of the mortgagee (except against the transferred land) in respect of so much of the mortgage debt as would have remained unpaid, if such sum had been so paid and applied as aforesaid on the operative date.
Amendment of Transfer Orders.
21. The Judicial Commissioner shall have all the same powers to amend a transfer order as he has under Subsections (1) to (6) inclusive of
Section 30
of the
Land Act, 1931
(No. 11 of 1931), to amend a vesting order and the provisions of those Subsections shall be deemed to be incorporated in this Order with the substitution of the words "transfer order" for the words "vesting order".
Services.
22. Every notice or document or copy thereof required to be served or given by section 28 of the act or by this Order shall be served either personally or by sending it by registered post in an envelope addressed to the person on whom service is to be effected, at an address in the State at which he ordinarily resides or carries on business, or to the Solicitor for that person or substituted service or the substitution of notice for service may be effected in accordance with Order VIII of these Rules.
ORDER VI SECTION 30 OF THE ACT
Prescribed notice.
S.I. No. 50 of 1951.
IRISH LAND COMMISSION LAND PURCHASE ACTS, 1923 TO 1950. RULES AND ORDERS UNDER THE LAND ACT, 1933. THE 26th DAY OF FEBRUARY, 1951.
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 (except where otherwise stated) 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.
JOSEPH BLOWICK,
Minister for Lands.
We hereby concur in the making of the following Rules
Members of the Committee : MARTIN C. MAGUIRE.
KEVIN O'SHIEL.
W. F. NALLY.
CONTENTS
ORDERS
Number
Subject Matter
Page
I
Interpretation
7.
II
Amendment consequential on change in constitution of Appeal Tribunal
7.
III
Redemption of superior interests or charges
7.
IV
Partition of land held in commonage
11.
V
Transfer Orders
13.
VI
Trusts
23.
VII
Provisions with respect to certain trusts
23.
VIII
Services
25.
IX
Fees
25.
X
Time and Forms
27.
APPENDIX
I—FORMS
Number
Subject Matter
Page
131
Application for partition of land
29.
132
Objection to a scheme for partition of land
31.
133
Application for compensation
33.
134
Objection to proposal in relation to trusts
35.
II—Schedule of Fees
37.
S.I. No. 50 of 1951.
ORDER I INTERPRETATION
Title.