S.I. No. 230/1964 - Land Purchase Acts Rules, 1964.

1. The purchase money herein is now represented by £ Land Bonds together with £ cash interest and surplus cash (or otherwise as the case may be).

2. I say that there is not to my knowledge and belief any right, debt, interest or claim affecting the said purchase money other than as in the Allocation Schedule filed herein set forth.

3. After payment of all claims on the said Schedule a residue remains to which residue I say that I am entitled absolutely (or otherwise as the case may be).

4. I have not sold or incumbered or in any way dealt with the said residue or any part thereof and the same and every part thereof still remains justly due and owing to me (or otherwise as the case may be).

5. Source of knowledge, Order XXXI Rule 3.

Sworn etc.

6. The Examiner shall certify on the back of the attested copy Affidavit of Title whether the whole or any and what portion of the costs thereof should be allowed ; and such allowance shall (unless otherwise expressed in the certificate) refer as well to the readings as to the Affidavit itself. The officer taxing such costs shall have regard to such certificate unless it be varied by the Judicial Commissioner. The costs of a supplemental Affidavit of Title shall be taxed as if the additional matter had been embodied in the original Affidavit unless the Examiner certifies that separate costs are to be allowed.

SECOND SCHEDULE.

PART I.

Scale of charges in respect of Purchase Money representing property the title to which has not been registered under the Registration of Title Acts, 1891 and 1942.

(1)

(2)

(3)

(4)

(5)

(6)

For the 1st £1,000 of the Purchase Money.

For the 2nd and 3rd £1,000 of the Purchase Money.

For the 4th £1,000 of the Purchase Money.

For the 5th £1,000 of the Purchase Money.

For the 6th and each subsequent £1,000 of the Purchase Money up to £1,000.

For each subsequent £1,000 of the Purchase Money.

£3 5s. 0d. per £100

£2 15s. 0d. per £100

£2 per £100

£1 15s. 0d. per £100

£1 10s. 0d. per £100

£1 per £100

Where negotiation for the sale has been conducted without the aid of a solicitor, a reduction of 10s. shall be made in columns (1) and (2); 5s. in each of columns (3), (4) and (5); and 2/6d. in column (6).

PART II.

Scale of charges in respect of Purchase Money representing property the title to which has been registered under the Registration of Title Acts, 1891 and 1942.

Scale A.

Where the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by Rules 36 and 37, of the Land Registration Rules, 1959 (

S.I. No. 96 of 1959

).

(1)

(2)

(3)

(4)

For the 1st £1,000 of the Purchase Money.

For the 2nd and 3rd £1,000 of the Purchase Money.

For the 4th and each subsequent £1,000 of the Purchase Money up to £10,000.

For each subsequent £1,000 of the Purchase Money.

£4 per £100

£3 0s. 0d. per £100

£1 10s. 0d. per £100

£15s. per £100

Where negotiation for the sale has been conducted without the aid of a Solicitor a reduction of £1 shall be made in columns (1) and (2); 10s. in column (3) and 5s. in column (4).

Scale B.

Where the property has no notice of equities or of possessory title or has a notice that may be cancelled on an application under Rules 34 or 35 of the Land Registration Rules, 1959 (

S.I. No. 96 of 1959

).

(1)

(2)

(3)

(4)

For the 1st £1,000 of the Purchase Money.

For the 2nd and 3rd £1,000 of the Purchase Money.

For the 4th and each subsequent £1,000 of the Purchase Money up to £10,000.

For each subsequent £1,000 of the Purchase Money.

£2 per £100

£1 10s. 0d. per £100

£15s. per £100

7/6d. per £100

Where negotiation for the sale has been conducted without the aid of a solicitor a reduction of 10s. shall be made in columns (1) and (2); 5s. in column (3) and 2/6d. in column (4).

THIRD SCHEDULE.

PART I.

Scale of charges in respect of Purchase Money and other funds representing property the title to which has not been registered under the Registration of Title Acts, 1891 and 1942.

For the 1st £1,000 of the Purchase Money or other fund

For the 2nd and 3rd £1,000 of the Purchase Moy or other fund

For the 4th £1,000 of the Purchase Money or other fund

For the 5th £1,000 of the Purchase Money or other fund

For the 6th and each subsequent £1,000 up to £10,000 of the Purchase Money or other fund

For each subsequent £1,000 of the Purchase Money or other fund

£2 15s. 0d. per £100

£2 5s. 0d. per £100

£1 15s. 0d. per £100

£1 10s. 0d per £100

£1 5s. 0d. per £100

17s. 6d. per £100

PART II.

Scales of charges in respect of Purchase Money and other funds representing property the title to which has been registered under the Registration of Title Acts, 1891 and 1942.

Scale A.

Where the property has a notice of equities or of possessory title in the register that cannot be cancelled except after the examination of title prescribed by Rules 36 and 37, of the Land Registration Rules, 1959 (

S.I. No. 96 of 1959

).

1.

2.

3.

4.

For the 1st £1,000 of the Purchase Money or other fund

For the 2nd and 3rd £1,000 of the Purchase Money or other fund

For the 4th and each subsequent £1,000 of the Purchase Money or other fund up to £10,000

For each subsequent £1,000 of the Purchase Money or other fund

£3 0s. 0d. per £100

£2 0s. 0d. per £100

£1 0s. 0d. per £100

10/-per £100

Scale B.

Where the property has no notice of equities or of possessory title or has a notice thereof that may be cancelled on an application under Rules 34 and 35 of the Land Registration Rules, 1959 (

S.I. No. 96 of 1959

).

1.

2.

3.

4.

For the 1st £1,000 of the Purchase Money or other fund.

For the 2nd and 3rd £1,000 of the Purchase Money or other fund.

For the 4th and each subsequent £1,000 of the Purchase Money or other fund up to £10,000.

For each subsequent £1,000 of the Purchase Money or other fund.

£1 10s. 0d. per £100

£1 0s. 0d. per £100

10/- per £100

5/- per £100

APPENDIX.

Form 138.—Affidavit to vouch claim to residue of purchase money.

(Heading and Title)

I, A. B. of (description) (and, if married woman, wife of ) aged 21 years and upwards make oath and say:—

7. The person at whose instance an order for apportionment has been made shall, if required, furnish a draft of such order and the same shall be settled by the Registrar. A sealed copy of the order shall, if applied for, be issued free of charge to the owner of the superior interest, and to the owner of any land upon which any portion of such superior interest not intended to be redeemed has been apportioned.

Memorandum of apportionment.

8. A memorandum of the apportionment shall be endorsed by the Registrar upon the instrument, if any, creating the superior interest if such instrument be forthcoming.

Forms of statements of facts.

9. Statements of facts for the apportionment of impropriate tithe rentcharges shall follow Form 32; for the apportionment of rents, fees, duties or services shall follow Form 33; and for the apportionment of rentcharges or annuities shall follow Form 34; with such variations and additions in each case as the circumstances may require.

Instrument creating rent, rentcharge or annuity to be lodged with statement.

10. When application is made for the apportionment of any rent, fees, duties or services, or of a rentcharge or annuity, a copy of the instrument creating the superior interest to be apportioned shall be lodged with the statement of facts, unless such instrument or a copy thereof be already lodged in Court.

II. Exclusive charge of or distribution without regard to superior interests.

11. An application to have purchase money distributed without regard to a superior interest or any part thereof, or for an exclusive charge in pursuance of Section 62 of the Irish Land Act, 1903, shall be made by motion to the Judicial Commissioner, and, unless grounded upon a consent, shall be on notice to the owner or person in receipt of such superior interest, and to the owner or owners of the lands out of which the same is paid or upon which it is proposed to exclusively charge the same : provided that the Judicial Commissioner may, if he thinks fit, dispense with service of notice upon any person. The application shall be made on the day on which the Allocation Schedule shall be listed for ruling before the Judicial Commissioner unless by direction of the Examiner or for some sufficient reason the application is made at an earlier date. A copy of the order, when made, shall on application be issued free of charge to the owners of the superior interest and of the lands out of which same is thereafter to be paid.

III. Redemption.

Application for redemption of superior interest, in absence of consent.

11A. Not less than three days before the day appointed for the vouching or ruling of the Schedule, whichever be the earlier date, the Owner or his Solicitor shall lodge either by hand or post in the Examiners' Branch a vouching affidavit in Form 138 in the Appendix to the Land Purchase Acts Rules, 1964, or such variation thereof as may be directed or permitted by the Examiner, together with a plain copy thereof which affidavit and copy shall be dealt with in the Examiners' Branch and in the Registrar's Branch in the same manner as the Affidavit of Title and copy, save that it need not be entered in the Record of Proceedings. The said Vouching Affidavit shall be sworn not more than 10 days before the said day appointed for the vouching unless otherwise permitted by the Examiner. The said Vouching Affidavit may be dispensed with in any case in which the Examiner is satisfied that such affidavit is unnecessary.

ARTICLE 9.

Order XXI of the Rules of 1924 is revoked and the following Order substituted therefor

XXI. SUPERIOR INTERESTS.

I. Apportionment.

Apportionment of tithe rentcharge, etc. payable to the Land Commission.

12. An application for an order for the redemption of a superior interest or any apportioned part thereof and to fix the redemption price thereof shall, in the absence of a consent, be made by motion to the Judicial Commissioner, and if made by the person entitled thereto shall be on notice to the Owner of the estate, and if made by such Owner shall be on notice to the reputed owner of such superior interest. Notice of such application shall also be given to such other persons as may have entered appearances requiring such notice or as would appear to be affected by such redemption.

Application for redemption of superior interest, with consent.

13. An application for an order for the redemption of a superior interest or any apportioned part and to fix the redemption price thereof, grounded upon a consent, may be made ex parte at the Ruling of the Allocation Schedule and the Examiner may note the consent on such Schedule. In other cases the order shall be obtained before the settlement of the Allocation Schedule.

Receivable Orders to be lodged for redemption of Government charges.

14. When any quit, state or composition rent, state reversion, tithe rentcharge payable to the Land Commission, or fixed annual instalments in lieu thereof, or any Board of Works charge is being redeemed, the Owner or his Solicitor shall lodge with the Examiner for the vouching of the Allocation Schedule a receivable order issued from the proper office to enable the redemption price and arrears, if any, to be lodged to the proper account in the Bank of Ireland. Such receivable order shall specify separately the redemption price, the arrears, if any, and the income tax, if any, to be deducted from such arrears, and shall allow a sufficient time for lodgment.

Undertaking to apply redemption price of superior interest as capital money.

15. When the redemption price of a superior interest or of an apportioned part thereof exceeds thirty pounds, but does not exceed one hundred pounds, the undertaking to be given by the person in possession or in receipt of the income of the superior interest, or by the trustees to be appointed or approved by the Land Commission, to apply such redemption price as if it were capital money arising under the Settled Land Acts, 1882 to 1890, shall be in writing under his or their hand or hands, in Form 35. Where there is a vouching affidavit by the person or persons giving the undertaking, the undertaking shall be embodied in the affidavit.

Price of superior interest may be placed to separate credit and invested.

16. If by reason of incumbrances affecting a superior interest, or for any other reason, the price or compensation payable in respect thereof cannot be distributed at the general allocation, the Judicial Commissioner may order such price or compensation to be paid into the Bank of Ireland to such credit as he may direct, and may make such order as may be just as to the investment thereof, and as to the payment of the dividends and interest thereon pending its distribution.

Memorandum of redemption of superior interest to be endorsed on instrument creating same.

17. Save in the case of the superior interests mentioned in Rule 14 of this Order, a memorandum of the redemption of a superior interest or of any apportioned part thereof shall be endorsed by the Registrar upon the instrument, if any, creating such superior interest, unless such instrument be retained in Court, or is not forthcoming.

ARTICLE 10.

Order XLVI of the Rules of 1924 is amended by the substitution of the following Rule for Rule 1 thereof

Attendance before a Commissioner or an Examiner.

S.I. No. 230 of 1964.

LAND PURCHASE ACTS RULES, 1964.

IRISH LAND COMMISSION.

LAND PURCHASE ACTS.

RULES AND ORDERS UNDER THE

LAND ACT, 1933

.

THE 23rd DAY OF SEPTEMBER, 1964.

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.

MICHEÁL Ó MÓRÁIN,

Minister for Lands.

We hereby concur in the making of the following Rules.

Members of the Committee : THOMAS TEEVAN,

T. O'BRIEN,

JOHN KELLY.

ORDER I.

Title