10/11/1925: Land (Finance) Rules, 1925. (Land Act, 1923 (No. 42 Of 1923) and Land Bond Act, 1925 (No. 25 Of 1925).).
10/11/1925: LAND (FINANCE) RULES, 1925. (LAND ACT, 1923 (No. 42 of 1923) and LAND BOND ACT, 1925 (No. 25 of 1925).). | ||||||||||||||
PROVISIONAL RULES AND REGULATIONS DATED 10TH NOVEMBER, 1925, MADE BY THE MINISTER FOR FINANCE UNDER THE LAND ACT, 1923 . | ||||||||||||||
I, EARNAN DE BLAGHD, Minister for Finance, in pursuance of the powers conferred by Section 17 and other Sections of the Land Act, 1923 (No. 42 of 1923), and of every and any other power me in this behalf enabling, do hereby, without prejudice to any further exercise of the said powers, make the following Rules and Regulations, and do further certify under Section 2 of the Rules Publication Act, 1893, that on account of urgency such Rules and Regulations should come into force forthwith as Provisional Rules and Regulations, and continue in force until Statutory Rules and Regulations shall have been made in accordance with the last-mentioned Act. | ||||||||||||||
Definitions. | ||||||||||||||
1.— (1) In these Rules unless the context otherwise requires :— | ||||||||||||||
The expression " the Act " means the Land Act, 1923 (No. 42 of 1923) as amended by the Land Bond Act, 1925 (No. 25 of 1925). | ||||||||||||||
The expression " Bonds " means four and one half per cent. Land Bonds issued under the provisions of the Land Act, 1923 . | ||||||||||||||
The expression " the Bank " means the National Land Bank, Limited. | ||||||||||||||
The expression " purchasers half-yearly payments " means the sums due on a gale day in respect of advances made under the Land Act, 1923 . | ||||||||||||||
Other expressions have the same meaning as in the Land Act, 1923 . | ||||||||||||||
(2) The Interpretation Act, 1889, applies to the interpretation of these Rules as it applies to the interpretation of an Act of the Oireachtas passed before the first day of January, 1924. | ||||||||||||||
Adaptation of Enactments. | ||||||||||||||
Adaptation of Enactments. S. 17. | ||||||||||||||
2.—For the purpose of adapting to the requirements of the Act, the provisions of the Land Law (Ireland) Act, 1887, and the Irish Land Act, 1903, section 14 of the Land Law (Ireland) Act, 1887, and section 24 (1) of the Irish Land Act, 1903, shall be construed as if references to the National Land Bank were substituted therein for references to the Bank of Ireland. | ||||||||||||||
Accounts of Land Commission. | ||||||||||||||
Accounts of Land Commission S. 10 (3). | ||||||||||||||
3.— (1) The Land Commission shall keep in their books a general account to be called the " Land Purchase Account, " No. 3, through which shall be passed all cash received and paid by the Land Commission under the Act, except the dividends on Bonds which are credited to the separate Estate Accounts to which the Bonds are issued in the books of the Bank. | ||||||||||||||
(2) The Land Commission shall also keep in their books separate accounts of the sums advanced to them by means of Bonds for the purchase of land, and for the purpose of recouping vendors in whole or in part for the costs of sale under Section 5 of the Act, and for the purpose of carrying Part III. of the Act into effect and for any other purpose for which Bonds are required under the Act ; and a separate account of each purchase annuity in respect of advances in pursuance of agreements entered into or deemed to be entered into after the passing of the Act. | ||||||||||||||
Guarantee Fund. | ||||||||||||||
4.— (1) The Guarantee Fund shall be under the direction of the Minister for Finance, who shall keep an account of the cash portion of the Fund, showing separately the payments made thereto in respect of :— | ||||||||||||||
(a) The Estate Duty Grant ; | ||||||||||||||
(b) The Agricultural Grant ; and | ||||||||||||||
(c) The Exchequer Contribution. | ||||||||||||||
(2) In the case of payments from the Guarantee Fund to the Local Taxation Account, any payments from the Guarantee Fund to the Land Bond Fund shall, so far as not repaid, be deducted, first, from the Estate Duty Grant ; secondly, from the Agricultural Grant ; and thirdly, from the Exchequer Contribution. | ||||||||||||||
Repayment of Arrears. | ||||||||||||||
(3) Any payments by way of advance from the Guarantee Fund to the Land Bond Fund in respect of arrears under Section 11. (5) of the Act shall be a debt from the Land Bond Fund to the Guarantee Fund, and be repayable out of payments on account of arrears which are subsequently recovered by the Land Commission and by them paid into the Land Bond Fund. | ||||||||||||||
Repayment of advances for interest. | ||||||||||||||
(4) Any payments by way of advance from the Guarantee Fund to the Land Bond Fund for the purpose of paying the dividends or interest on Bonds shall be repaid to the Guarantee Fund out of any money subsequently paid to the credit of the income account of the Land Bond Fund which is not required for the purpose of meeting the other liabilities of that account. | ||||||||||||||
Repayment of advances for redemption. | ||||||||||||||
(5) Any payments by way of advance from the Guarantee Fund to the Land Bond Fund for the purpose of paying the sums required for redemption of Bonds in accordance with the provisions of Section 1. (3) of the Act, shall be repaid to the Guarantee Fund out of any money subsequently paid to the credit of the capital account of the Land Bond Fund which is not required for the purpose of meeting the other liabilities of that account. | ||||||||||||||
Distribution of Repayments. | ||||||||||||||
(6) Any sum received from the Land Bond Fund for the repayment of advances to that Fund shall be credited in account so as to make good the sums used for such advance out of the funds and moneys hereafter mentioned, and shall be so credited in the following order, namely, first to the Exchequer Contribution ; secondly, to the Agricultural Grant ; and thirdly, to the Estate Duty Grant. | ||||||||||||||
Cash Arrangements. | ||||||||||||||
Dividends on Bonds S. 1 (2). | ||||||||||||||
5.— (1) On the last week day before the first day of January and the first day of July in every year, there shall be paid by the Minister for Finance to the Bank from the Land Bond Fund a sufficient sum to pay the dividends on Bonds which will become payable on the next dividend day. | ||||||||||||||
(2) Five days previously to each of the said week days in every year the Minister for Finance shall pay to the Land Commission from the Land Bond Fund a sufficient sum to pay the interest which will become payable on the next dividend day on any Bonds issued since the last dividend day. | ||||||||||||||
(3) If two days previously to the first day of January or the first day of July in any year the cash standing to the credit of the income account of the Land Bond Fund is insufficient to pay the dividends on the Bonds, the Minister for Finance shall cause an advance to be made to the Land Bond Fund out of the cash standing to the credit of the Guarantee Fund, and, if that is insufficient, out of the Central Fund. | ||||||||||||||
(4) Any advance so made out of the Central Fund shall be as soon as possible repaid from the Guarantee Fund. | ||||||||||||||
(5) Every sum so repaid and every sum so advanced out of the Guarantee Fund shall be repaid to the Guarantee Fund out of any money subsequently paid to the credit of the income account of the Land Bond Fund which is not required for the purpose of meeting the other liabilities of that account. | ||||||||||||||
Redemption of Bonds. S. 1 (3) & (4). | ||||||||||||||
6.— (1) On the week day immediately preceding the day on which the principal money of any Bonds drawn for redemption in the yearly or half-yearly drawings becomes payable, there shall be paid by the Minister for Finance to the Bank out of the Land Bond Fund, a sufficient sum to provide the amount which will so become payable together with all arrears of interest. | ||||||||||||||
(2) For the purpose of effecting the redemption of Bonds transferred in satisfaction of Death Duties or in redemption of Land Purchase annuities charged on the lands acquired by the Land Commission under the Act, there shall be opened in the books of the Bank a stock account in the name of the Minister for Finance to be entitled " The Bonds for Redemption Account, " to which shall be credited all Bonds so transferred by order of the Judicial Commissioner. | ||||||||||||||
(3) When Bonds have been transferred by order of the Judicial Commissioner in satisfaction of Death Duties or in redemption of land purchase annuities charged on the lands acquired by the Land Commission under the Act, there shall be paid by the Minister for Finance out of the Land Bond Fund to the Land Commission a sum equivalent to the nominal amount of the Bonds so transferred together with all interest accrued on the Bonds up to the date of such order, and the Bonds shall thereupon be cancelled. | ||||||||||||||
(4) The payments on account of the interest on the Bonds shall be charged to the income account of the Land Bond Fund and the payments in respect of the principal of the Bonds shall be charged to the capital account of that fund. | ||||||||||||||
(5) If on any date on which a payment has to be made as aforesaid, the cash standing to the credit of the income account or the capital account, as the case may be, of the Land Bond Fund is insufficient to meet the payment to be so made out of that account, the Minister for Finance shall cause an advance to be made to the Land Bond Fund of the amount of the deficiency out of the cash standing to the credit of the Guarantee Fund, and, if that is insufficient, out of the Central Fund. | ||||||||||||||
(6) Any advance made out of the Central Fund for the purpose of meeting such a deficiency shall be, as soon as possible, repaid from the Guarantee Fund. | ||||||||||||||
(7) Every sum so repaid and every sum so advanced out of the Guarantee Fund, shall be repaid to the Guarantee Fund out of any money subsequently paid to the credit of the income account or the capital account, as the case may be, of the Land Bond Fund which is not required for the purpose of meeting the other liabilities of that account. | ||||||||||||||
Date of payments to Land Bond Fund, 1925. S. 6 (1). | ||||||||||||||
7.— (1) The annual payments to the Land Bond Fund under sub-section (1) of Section 6 of the Land Bond Act, 1925 , shall be made by the Land Commission in half-yearly instalments on the twenty-first day of June and the twenty-second day of December in each year. | ||||||||||||||
Provided that the Land Commission shall, so far as practicable, every day pay over to the Land Bond Fund at the Bank on account of such annual payments all money received by them on account of half-yearly payments from purchasers. | ||||||||||||||
Payments in arrear. | ||||||||||||||
(2) On the thirty-first day of July and the thirty-first day of January in every year, the Land Commission shall ascertain the amount of the said annual payments in arrear, and shall forthwith, certify that amount to the Minister for Finance, who shall cause an advance of such amount to be made to the Land Bond Fund out of the Guarantee Fund. | ||||||||||||||
Application of recovered arrears. | ||||||||||||||
(3) All half-yearly payments due from purchasers under the Act, which have not been received by the thirty-first day of July and thirty-first day of January immediately following the gale day on which they become due, shall be deemed to be arrears and as such shall, when recovered, be paid as soon as practicable to the Land Bond Fund at the Bank, to be applied in reduction of the amount previously advanced from the Guarantee Fund under the preceding paragraph of this Rule. | ||||||||||||||
Account of the Minister for Finance. S. 10 (2). | ||||||||||||||
8.—The account of the receipts and expenditure of the Land Bond Fund both as regards capital and income shall be made up by the Minister for Finance to the 31st day of March in each year. | ||||||||||||||
Disposal of sums in Guarantee Fund available for distribution. | ||||||||||||||
9.— (1) On the seventeenth day of February in every year and at such other times (if any) as the Minister for Finance may direct, there shall be paid from the Guarantee Fund to the Local Taxation Account any cash then standing to the credit of the Guarantee Fund, except what is required for meeting any charge on the Guarantee Fund then accrued, and the Minister for Finance, on making such payments, shall certify the amounts paid in respect of the Estate Duty Grant, the Agricultural Grant and the Exchequer Contribution respectively. | ||||||||||||||
(2) On or before the sixteenth day of February in each year the Minister for Finance shall certify for the year ending on the thirty-first day of January immediately preceding :— | ||||||||||||||
(i) The amount chargeable to each county of the sum drawn from the Guarantee Fund in respect of purchasers' half-yearly payments in arrear ; | ||||||||||||||
(ii) The amount which each county shall have paid to the Guarantee Fund in respect of purchasers' half-yearly payments in arrear which have been recovered ; | ||||||||||||||
(iii) The amount, other than that in respect of purchasers' half-yearly payments in arrear, chargeable to each county of the sum drawn from the Guarantee Fund for the purpose of the Land Bond Fund ; | ||||||||||||||
(iv) The amount which each county shall have repaid to the Guarantee Fund excluding the purchasers' half-yearly payments in arrear which have been recovered. | ||||||||||||||
The amount assigned to each county under (i) and (ii) shall be the actual amount received from or paid to the Guarantee Fund in the year in respect of that county. | ||||||||||||||
The amount assigned to each county under (iii) and (iv) shall, where not definitely identifiable as relating to a particular county, be ascertained by apportioning the total amount received from or paid to the Guarantee Fund in the year according to the amount of the advances under the Act outstanding in such county at the close of the preceding financial year. | ||||||||||||||
Costs Fund and Advances by means of Bonds. | ||||||||||||||
Costs Fund. S. 5. | ||||||||||||||
10.— (1) (a) The Minister for Finance may from time to time by Warrant to the Bank direct the creation and issue of Bonds for the purpose of the Costs Fund to an amount not exceeding two per cent. on the total purchase moneys advanced under the Act at the date of the Warrant ; provided that no issue of Bonds for the purpose of the Costs Fund shall be made except on a dividend day. | ||||||||||||||
(b) The Bank shall issue the Bonds by inscribing the amount of the Bonds specified in the Warrant in the name of the Irish Land Commission and to the Costs Fund Account. | ||||||||||||||
(c) Directions for the disposal of Bonds standing to the credit of the Costs Fund Account shall be given by the Land Commission by an authority to the Bank which may be in the Form marked A in the First Schedule to these Rules. | ||||||||||||||
Advances by means of Bonds. Ss. 1 & 2. | ||||||||||||||
2 (a) Directions for the issue of Bonds for the purposes of the Act, other than for the purpose of the Costs Fund, shall be given by the Land Commission ; and a statement of the amount directed to be issued each day shall be furnished to the Minister for Finance ; provided that no issue of Bonds shall be made during the fortnight preceding any dividend day. | ||||||||||||||
(b) When the Land Commission require, or are likely to require, Bonds for the purposes of the Act, other than for the purpose of the Costs Fund, they shall apply to the Minister for Finance, stating the amount of Bonds which they expect to so require for issue during periods to be specified by the Minister for Finance from time to time. | ||||||||||||||
(c) The Minister for Finance shall thereupon send to the Bank a Warrant authorising the Bank to create the amount of Bonds specified in the Warrant, and the Bank may thereupon issue Bonds as hereinafter mentioned to an aggregate amount, excluding the Bonds issued for the purpose of the Costs Fund, not exceeding the amount so authorised to be created. | ||||||||||||||
(d) The Land Commission may direct the issue of Bonds, by Warrant to the Bank, which may be in the Form marked B. in the First Schedule to these Rules, specifying the amount of Bonds to be inscribed, and the names or account in or to which the Bonds are to be inscribed. | ||||||||||||||
(e) The Bank shall issue the Bonds by inscribing the amount of the Bonds specified in the Warrant of the Land Commission in the names or to the account directed by the Warrant. | ||||||||||||||
(3) Full half-yearly dividends at the rate of 4½ per cent. per annum on any issue of Bonds shall commence from the first of the dividend days, namely, the first day of January, or the first day of July, which occurs next after the date of the Warrant directing their issue, unless it is dated on a dividend day, in which case the dividends shall commence from that day. | ||||||||||||||
(4) On the first dividend day from which the full half-yearly dividends on the Bonds commence, the Land Commission shall, out of moneys to be supplied out of the Land Bond Fund, pay to the person in whose name, or to the account to which the Bonds are first inscribed, a fractional dividend at the rate of 4½ per cent. per annum on the nominal amount of the Bonds for the period between the date on which the Land purchased is vested in the Land Commission and that dividend day. | ||||||||||||||
(5) The Warrants of the Minister for Finance and of the Land Commission in pursuance of these Rules shall be a sufficient authority to the Bank for doing the things thereby directed. | ||||||||||||||
Registration and Transfer of Bonds. | ||||||||||||||
11.— (1) The Bonds, save only such Bonds as have not been allocated and transferred by the Land Commission for the purpose of making payments in Bonds in accordance with the provisions of the Act, shall be registered in the books of the Bank as transferable by deed, and the Bank shall keep a separate Register (hereinafter called " the transfer by deed register ") in a form to be approved by the Minister for Finance, of the Bonds which are transferable by deed. | ||||||||||||||
(2) Bonds which are registered in the books of the Bank as transferable by deed shall be of three denominations only, namely, £100, £10 and £1, and payments under the Act shall, so far as practicable, be made by means of Bonds of the denomination of £100, and thereafter, so far as practicable, by means of Bonds of the denomination of £10. | ||||||||||||||
(3) No Bond which has once been registered in the books of the Bank as transferable by deed shall be capable thereafter of sub-division on the occasion of any transfer of the Bond which may subsequently be made. | ||||||||||||||
(4) The Bank, on receipt from the Land Commission of directions, which may be in the form marked D. in the First Schedule to these Rules, to transfer Bonds, shall thereupon register the Bonds in respect of which the directions are given, as Bonds transferable by deed by causing the name and address of the person to whom the Bonds are directed to be transferred and the denominations and numbers of the Bonds so transferred to be entered in the transfer by deed register. | ||||||||||||||
(5) On the registration of any Bond, the Bank shall issue to the registered holder of the Bond, a certificate of registration (in these Rules referred to as " a register certificate ") in such form as may be prescribed by the Minister for Finance. | ||||||||||||||
(6) A register certificate shall be prima facie evidence of the title of the person named therein to the Bond specified therein. | ||||||||||||||
Provision as to entry of trusts in Register. | ||||||||||||||
12.—Except as hereinafter provided and subject to the provisions of these Rules no entry with respect to any trust, expressed, implied or constructive, shall be made in the transfer by deed register or in a register certificate and no notice of any such trust shall be receivable by the Bank in respect of a register certificate. | ||||||||||||||
Description of bondholders in books of Bank as trustees. | ||||||||||||||
13.— (1) On a proper demand made by a person in whose name any Bond is standing or by any person into whose name the Bond is to be transferred that he may be described in the books of the Bank with respect to that Bond as a trustee and whether as a trustee of a trust specified in the demand or as a trustee without any such qualification, the Bank shall make such entries in their books, and in the register certificate, as they reasonably consider necessary for the purpose of complying with the demand. | ||||||||||||||
(2) A demand for the purpose of this Rule shall be made in the form marked G. in the First Schedule to these Rules, or in a form to the like effect, or on the occasion of a transfer of the Bond by inserting the desired description in the deed of transfer after the name and address of the transferee. | ||||||||||||||
(3) When a demand is made under this Rule the register certificate must be transmitted to the Bank with the demand. | ||||||||||||||
14.— (1) Nothing in these Rules shall, as between any trustees, or as between any trustees and the beneficiaries under a trust be deemed to authorise the trustees to act otherwise than in accordance with the rules of law applying to the trust and the terms of the instrument constituting the trust, or affect the mutual rights of joint bondholders. | ||||||||||||||
(2) Neither the Bank nor any other person acquiring any interest in any Bonds shall by reason only of any entry in the books of the Bank in relation to any Bonds or any bondholder, or of anything in any document relating to Bonds, be affected with notice of any trust, or of the fiduciary character of any bondholder or of any fiduciary obligation attaching to the holding of any Bonds. | ||||||||||||||
Provision with respect to powers of attorney given by bondholders described as trustees. | ||||||||||||||
15.—Where any power of attorney purporting to be executed by a bondholder described in the books of the Bank as a trustee is produced to the Bank, the Bank shall not be concerned to enquire whether the bondholder is entitled under the terms of the trust to give any such power and may act on the power in the same manner as though the bondholder had not been so described, and whether the bondholder is or is not described in the power as a trustee, and whether he does or does not purport to execute the power in his capacity as a trustee. | ||||||||||||||
Issue of new Certificates in certain cases. | ||||||||||||||
16.— (1) If a register certificate is worn out or defaced, the Bank shall, on surrender of the certificate and payment of a fee of two shillings and sixpence, issue a new certificate to the person entitled to the surrendered certificate. | ||||||||||||||
(2) If it be shown to the satisfaction of the Bank that a register certificate has been lost or destroyed, the Bank shall, on receiving indemnity to their satisfaction against all claims in respect of the lost or destroyed certificate, and on payment of a fee of two shillings and sixpence, issue a new certificate to the person entitled to the lost or destroyed certificate. | ||||||||||||||
Mode of transfer of Land Bonds. | ||||||||||||||
17.— (1) The Bank shall not recognise any transfer of Bonds subsequent to the original transfer by direction of the Land Commission other than a transfer by deed completed in accordance with these Rules. | ||||||||||||||
(2) Every deed of transfer of Bonds shall be in the form marked F. in the First Schedule to these Rules and shall be executed by all parties thereto. | ||||||||||||||
(3) Every deed of transfer shall be delivered to and retained by the Bank, and the relative register certificate shall be transmitted to the Bank together with the deed. | ||||||||||||||
(4) No stamp duty shall be payable in respect of any deed of transfer of the Bonds. | ||||||||||||||
Completion of transfer by Bank. | ||||||||||||||
18.—The Bank on receiving a deed of transfer which is in due form, duly executed, and accompanied by the relative register certificate shall, subject as hereinafter provided, complete the transfer by making such alterations in the transfer by deed register as are necessary to show the effect of the transfer. | ||||||||||||||
Provided that :— | ||||||||||||||
(a) The Bank shall not be required to complete a transfer until the expiration of at least ten days from the date on which the transfer deed was delivered to the Bank, or until the expiration of at least three days from the date on which a reply from the transferor to any notice sent by the Bank informing him of the proposed transfer would if posted immediately after the receipt of the notice, reach the Bank in the ordinary course of post ; and | ||||||||||||||
(b) The Bank may in any case, if they think fit, refuse to recognise a deed of transfer unless there is produced to the Bank in addition to the register certificate such other evidence as the Bank may reasonably require as to the identity of the transferor and his right to make the transfer, and, in the case of a deed of transfer executed by a corporate body, unless there is produced to the Bank a statement in writing signed by the Chairman (by whatever title designated) of the body, to the effect that the transfer has the sanction of the body, or, where the business is normally managed by an executive committee (by whatever title designated) of that committee, and where the body has a common seal, that the seal has been duly affixed to the deed. | ||||||||||||||
Issue of new register certificate to transferee. | ||||||||||||||
19.—On the completion of a transfer the Bank shall issue to the transferee, without charge, a new register certificate in respect of the Bond transferred. | ||||||||||||||
Method of issuing register certificates. | ||||||||||||||
20.—A register certificate required under these Rules to be issued to any person may be issued to him either by delivering it to him or to any person who satisfies the Bank that he is authorised to receive it on behalf of the person to whom it is to be issued, or, if either of those persons makes a request to that effect, by sending it by post to such person at such address as is specified in the request. | ||||||||||||||
Provisions as to execution of documents by individuals and corporate bodies. | ||||||||||||||
21.—(1) Subject to the provisions of these Rules as to the attestation of documents, a document relating to Bonds being one of the documents specified in the Second Schedule to these Rules, shall be deemed to be sufficiently executed by a party thereto being an individual if duly signed by him under his hand, notwithstanding that it is not under his seal. | ||||||||||||||
(2) Where a corporate body not having a common seal is a party to any document relating to Bonds, that document shall be deemed to be sufficiently executed by that body if executed on behalf of the body by the chairman (by whatever title designated) and two other members of the body, or where the business of the body is normally managed by an executive committee (by whatever title designated) by the chairman and two other members of that committee, and the signatures of the persons by whom the document is executed shall not require to be attested. | ||||||||||||||
Attestation of documents. | ||||||||||||||
22.—A document relating to Bonds, being one of the documents specified in the Second Schedule to these Rules, shall not be deemed to be sufficiently executed by any party thereto (other than a corporate body not having a common seal) unless the execution thereof by that party is attested by one credible witness, and if so attested shall be deemed to be sufficiently attested. | ||||||||||||||
Provided that nothing in the foregoing provision shall render invalid any document duly executed by any body corporate in the manner authorised by law for the execution of documents by that body. | ||||||||||||||
Execution of documents by notary on behalf of persons unable to write. | ||||||||||||||
23.—(1) If any person by whom any document relating to Bonds is to be executed, satisfies a notary public that he is for any reason unable to write and that the effect of the document is fully understood by him, the notary public may, at the request of that person and subject to the provisions of this Rule execute the document on his behalf. | ||||||||||||||
(2) Where any document is to be executed by a notary public under this Rule on behalf of any person, the notary public shall execute the document in the presence of that person and before one or more credible witnesses, and shall sign a certificate stating that the document was executed by him at the request of that person after having been previously read over to that person, and the signature of the notary public shall be attested by the witness or witnesses. | ||||||||||||||
The Certificate so to be signed as aforesaid may be endorsed on or annexed to the document or contained in the execution thereof. | ||||||||||||||
(3) A certificate for the purpose of this Rule shall be in the form marked L. in the First Schedule to these Rules or in a form to the like effect. | ||||||||||||||
(4) In this Rule the expression " notary public " includes a commissioner for oaths and a Peace Commissioner. | ||||||||||||||
Right of Bank to require evidence. | ||||||||||||||
24.—Nothing in these Rules shall be taken to prejudice the right of the Bank to require evidence to be given to their satisfaction that any demand purporting to be made or any document relating to Bonds purporting to be executed in pursuance of these Rules has been duly made or executed by the person by whom it purports to have been made or executed, or otherwise with respect to any matters on which the due making of any such demand or the due execution of any such document or the validity of anything done in purported pursuance of the provisions of these Rules depends. | ||||||||||||||
Closing of Register for Dividend. | ||||||||||||||
25.—(1) Dividends payable on 1st January and 1st July shall be made out in the names of the persons entered on the transfer, by deed register on the preceding 30th November and 31st May respectively. | ||||||||||||||
(2) The Bank may close the transfer by deed register for any period not exceeding ten days immediately prior to and including a dividend day. | ||||||||||||||
Powers of Attorney. | ||||||||||||||
26.—Any power of attorney given for any purpose of these Rules may be retained by the Bank. | ||||||||||||||
Power to open and keep accounts under official description of holder of office. | ||||||||||||||
27.—(1) The Bank may open and keep accounts of Bonds in their books under the official description of a person holding any office or position, whether the Bonds are held by that person alone or are held by him jointly with other persons ; and the personal name of that person need not be stated in the accounts. | ||||||||||||||
(2) Where any Bond stands on an account kept under the provisions of this Rule, any document relating to the Bond may be executed by the person for the time being holding the office or position as if the Bond stood in his own name. | ||||||||||||||
(3) Where any person in whose name any Bond is standing, whether alone or jointly with other persons, is the holder of any office or position, the Bank shall, on a proper demand made by him, or in the case of a joint account by all the bond holders, close the existing account and open an account with respect to that Bond, or alter the existing account so that it shall become an account, under the official description of that person, either alone or jointly with the other bond holders, as the case may be, and shall make such entries in their books, and in the register certificate, as they reasonably consider necessary for the purpose of complying with the demand. | ||||||||||||||
In the case of any Bond, a demand for the purpose of this provision may be made by any person or persons into whose names the Bond is to be transferred, if he or any of them is the holder of any office or position. | ||||||||||||||
(4) A demand for the purpose of this Rule shall be made in the form marked H. in the First Schedule to these Rules or in a form to the like effect, or on the occasion of a transfer of the Bond by describing the person holding the office or position in the deed of transfer under his official description instead of under his personal description. | ||||||||||||||
(5) Where a demand is made under this Rule, the register certificate must be transmitted to the Bank with the demand. | ||||||||||||||
(6) The Bank, before acting on any demand purporting to be made, or on any document purporting to be executed, in pursuance of this Rule by a person as being the holder of any office or position may require him to produce evidence to their satisfaction that he is the holder of that office or position. | ||||||||||||||
Power to bondholders to act by majority. | ||||||||||||||
28.—(1) Where any Bond stands on a joint account in the name of three or more bondholders and a proper demand has been made with respect to the Bond, all things required to be done for the purpose of transferring this Bond or any Bond for the time being standing on that account, and any authority for the payment or accumulation of dividends on that Bond or any Bond for the time being standing on that account may, subject to the provisions of this Rule, be done and given by a majority of the persons who are the bondholders at the date when the demand is made, or in the case of the death of any of those persons by a majority of the survivors of them. | ||||||||||||||
(2) A demand for the purpose of this Rule shall be made by the bondholders in whose names the Bond is standing, and in the form marked I. in the First Schedule to these Rules, or in a form to the like effect, or on the occasion of a transfer of the Bond by a demand in the said form I. or in a form to the like effect, endorsed on the deed of transfer and signed by the persons into whose names the Bond is to be transferred. | ||||||||||||||
(3) Any person whose name is for the time being entered in the books of the Bank as one of the holders of any Bond with respect to which a demand has been made under this Rule, may give notice in writing to the Bank that the demand is revoked, and if notice is so given then the provisions of this Rule shall as from the receipt of the notice by the Bank cease to apply to that Bond. | ||||||||||||||
Transfer of Bonds to legal representative of sole or last surviving bondholder. | ||||||||||||||
29.—(1) On a proper demand made by the executor or administrator of a sole bondholder or of the last surviving bondholder on a joint account with respect to any Bond standing in the name of that bondholder, that Bond shall be transferred in the books of the Bank into the personal name of the executor or administrator, and the Bank shall, for that purpose, make all such entries in their books, and in the register certificate, as they reasonably consider necessary for the purpose of complying with the demand. | ||||||||||||||
Provided that if the transfer of the Bond is for the time being restrained by distringas or other legal process, the Bank may refuse to comply with the demand. | ||||||||||||||
(2) For the purposes of Rule 13 and Rule 28 of these Rules, executors or administrators by whom a demand is being made under this Rule shall be deemed to be persons into whose name a Bond is to be transferred and the demand shall be deemed to be a deed of transfer, and a demand under either or both of those Rules may be made in conjunction with a demand under this Rule. | ||||||||||||||
(3) A demand for the purpose of this Rule shall be made in the form marked K. in the First Schedule to these Rules, or in a form to the like effect, and the probate of the will, or the letters of administration to the estate of the deceased bondholder, if the Bank so require, and also the register certificate, must be transmitted to the Bank with the demand. | ||||||||||||||
Purchase Annuities. | ||||||||||||||
Annuities payable half-yearly. S. 9 (1). | ||||||||||||||
30—The annuity payable under Section 9 (1) of the Act, in respect of any advance under the Act, in pursuance of an agreement entered into or deemed to have been entered into by or with the Land Commission on or after the date of the passing of the Act, shall be payable by equal half-yearly instalments on the first day of May and the first day of November in each year. | ||||||||||||||
If the land purchased is vested in the Land Commission on one of the said gale days, the annuity shall commence on that gale day, and the first half-yearly instalment thereof shall accordingly be payable on the next succeeding gale day. | ||||||||||||||
If the land purchased is not vested in the Land Commission on one of the said gale days, the annuity shall commence on the first gale day after the date of the vesting of the land in the Land Commission, and the first half-yearly instalment thereof shall accordingly be payable on the next succeeding gale day, but there shall be payable on the first gale day after the date of the vesting of the land in the Land Commission interest on the advance at the rate of 4¾ per cent. per annum from the date of the vesting of the land in the Land Commission. | ||||||||||||||
Consolidation of Annuities. S. 66. | ||||||||||||||
31.—(1) Where two or more purchase annuities, or a purchase annuity and a portion of another purchase annuity are consolidated under Section 66 of the Act, the consolidated annuity shall be an annuity equal to the sum of the purchase annuities so consolidated or of the purchase annuity and the portion of another purchase annuity so consolidated, and when received by the Land Commission, shall until the respective advances, in respect of which the various purchase annuities or portion of purchase annuities are payable, are paid off, be treated as a mixed annuity consisting of two or more component parts, each part being the amount attributable to the advance in respect of each of the holdings or portions of land, charged with a portion of a purchase annuity so consolidated. | ||||||||||||||
The Land Commission shall pay to the Purchase Annuities Fund such part or parts of the consolidated annuity as may be attributable to advances made in pursuance of purchase agreements under the Purchase of Land (Ireland) Act, 1891, or any later Land Purchase Act other than the Land Act, 1923 . | ||||||||||||||
When the advance that was first made has been paid off, the consolidated annuity, so far as not required for the payment of interest on a subsequent advance or subsequent advances, shall be applied as part of the sinking fund in respect of that advance or those advances. | ||||||||||||||
(2) The consolidated annuity shall continue to be payable in full until all the advances have been paid off. | ||||||||||||||
(3) The consolidated annuity shall be payable in equal half-yearly instalments on the gale days on which the annuity in respect of the first advance in point of time was payable, and shall commence to run from the gale day next succeeding the date of the consolidation of the holdings or the consolidation of a holding with a portion of land charged with a portion of a purchase annuity, or, should the said consolidation be made on a gale day, from the gale day ; but interest at the appropriate rate on the amount of the advances shall be payable from the date of the last gale day on which each of the annuities was payable until the gale day on which the consolidated annuity commences to run. | ||||||||||||||
Accumulation and Redemption. | ||||||||||||||
Ascertainment of amount repaid in respect of advances. S. 9 (4). | ||||||||||||||
32.—For the purpose of ascertaining the amount repaid in respect of an advance made under the Act, the following provisions shall apply :— | ||||||||||||||
(1) The sinking fund portion of each purchaser's half-yearly payment shall be deemed to be accumulated by half-yearly rests at 4½ per cent. per annum rate of interest. | ||||||||||||||
(2) The total amount accumulated at any date in accordance with this rule shall be deemed to be the amount of the advance repaid up to that date. | ||||||||||||||
33.—The whole advance shall be deemed to have been repaid when the total amount accumulated in accordance with these Rules is equal to the amount of the advance, or in such other circumstances as the Minister for Finance may hereafter prescribe. | ||||||||||||||
When advance is repaid. | ||||||||||||||
34.—The Minister for Finance shall furnish the Land Commission from time to time with tables showing the amount to which a sinking fund of £1 will have accumulated in accordance with these Rules at each successive gale day. | ||||||||||||||
Redemption money. | ||||||||||||||
35.—For the purpose of ascertaining the amount to be paid to redeem a purchase annuity under the Act, the following provision shall apply :— | ||||||||||||||
(1) The redemption money shall be the amount equal in nominal value to the advance in Bonds in respect of which the annuity is payable together with interest on such amount at the rate of four and one-half per cent. per annum in respect of the period from the last preceding gale day to the date of redemption, less (a) the amount of the accumulated sinking fund at the date of redemption, and (b) the additional sum paid under Section 28 (3) of the Act. | ||||||||||||||
The date of redemption shall be the date on which the application to redeem is received by the Land Commission, provided that the redemption money is lodged within seven days of such date. | ||||||||||||||
In the case of a redemption before the first gale day following the advance, interest from the date of the advance to the date of redemption shall be provided. | ||||||||||||||
(2) A part of a purchase annuity shall be redeemable on similar terms, the part of the purchase annuity redeemed bearing the same ratio to the total annuity as the redemption money to be lodged bears to the total redemption money. | ||||||||||||||
Audit of Accounts. | ||||||||||||||
Audit of accounts. S. 10 (3). | ||||||||||||||
36.—The accounts of the Land Commission under the Act shall be audited by the Comptroller and Auditor-General. | ||||||||||||||
Returns. | ||||||||||||||
37.—The Land Commission shall supply the Minister for Finance with such information as will enable him to perform his duties under these Rules, and shall be responsible for the accuracy of the information so supplied. | ||||||||||||||
Calculation of time. | ||||||||||||||
Calculation of Time. | ||||||||||||||
38.—In counting days for the purposes of these Rules, Sundays and Bank Holidays shall be excluded, and if the day on which anything is directed to be done falls on a Sunday or a Bank Holiday, the same shall be done on the next following day. | ||||||||||||||
Short Title. | ||||||||||||||
Short Title and revocation of former Rules. | ||||||||||||||
39.—(1) These Rules may be cited as the Land (Finance) Rules, 1925. | ||||||||||||||
(2) The Land Finance (Interim) Rules, dated 18th August, 1924, are hereby revoked. | ||||||||||||||
(Signed) | ||||||||||||||
EÁRNAN DE BLAGHD, | ||||||||||||||
Minister for Finance. | ||||||||||||||
GOVERNMENT BUILDINGS, | ||||||||||||||
DUBLIN, | ||||||||||||||
10th November, 1925. | ||||||||||||||
| ||||||||||||||
| ||||||||||||||
FIRST SCHEDULE. | ||||||||||||||
FORM A. | ||||||||||||||
COURT OF THE IRISH LAND COMMISSION. | ||||||||||||||
| ||||||||||||||
To the National Land Bank, Limited, | ||||||||||||||
Carry Over from the above Account the sum of .................................................... 4½ per cent Land Bonds and place the same to the Credit of a Separate Ledger Account as under, viz.:— | ||||||||||||||
Record No. ..….................................................. | ||||||||||||||
Estate of ..…...................................................... | ||||||||||||||
Ledger Account to be Credited............................ | ||||||||||||||
| ||||||||||||||
FORM B. | ||||||||||||||
IRISH LAND COMMISSION. | ||||||||||||||
WARRANT of the IRISH LAND COMMISSION under the provisions of the Land Act, 1923 , and of the Rules made by the Minister for Finance in pursuance of that Act, for the Issue and Inscription of 4½ per cent. Land Bonds. | ||||||||||||||
The Irish Land Commission. | ||||||||||||||
Record. No. S................................. | ||||||||||||||
Estate of ..…................................... | ||||||||||||||
The National Land Bank, Limited, is hereby directed to issue and inscribe the sum of .......... | ||||||||||||||
............................................................ . | ||||||||||||||
FOUR AND ONE-HALF PER CENT. LAND BONDS in the name and to the Account above specified. | ||||||||||||||
£......................................................... | ||||||||||||||
.................................... | ||||||||||||||
Commissioner. | ||||||||||||||
.................................... | ||||||||||||||
Secretary. | ||||||||||||||
................................................. | ||||||||||||||
Accountant. | ||||||||||||||
FORM C. | ||||||||||||||
NATIONAL LAND BANK, LIMITED. | ||||||||||||||
The Irish Land Commission. | ||||||||||||||
Record No. S............................... | ||||||||||||||
Estate of..…................................ | ||||||||||||||
National Land Bank, Ltd., | ||||||||||||||
........................192........... | ||||||||||||||
To the Irish Land Commission. | ||||||||||||||
Pursuant to your Warrant dated the..................day of............... 192.........., there has been this day issued and inscribed in the name and to the Account above specified the sum of............. | ||||||||||||||
FOUR AND ONE-HALF PER CENT. LAND BONDS. | ||||||||||||||
..........……........................ | ||||||||||||||
Chief Accountant. | ||||||||||||||
FORM D. | ||||||||||||||
(Direction to Transfer and Register Land Bonds.) | ||||||||||||||
COURT OF THE IRISH LAND COMMISSION. | ||||||||||||||
Record No. S.......................................... | ||||||||||||||
Estate of ................................................ | ||||||||||||||
Title of Ledger Account........................... | ||||||||||||||
Irish Land Commission. | ||||||||||||||
...........………...........192............ | ||||||||||||||
To the Directors of the National Land Bank, Limited. | ||||||||||||||
I.—Transfer to the Account of............................................................ ....................... | ||||||||||||||
............................................................ ............................................................ .............. | ||||||||||||||
............................................................ ............................................................ .............. | ||||||||||||||
from the " Irish Land Commission—Separate Credits Account ," the sum of......................... | ||||||||||||||
FOUR AND ONE-HALF PER CENT. LAND BONDS. | ||||||||||||||
II.—Register............................................................ ................................................. | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
as the registered holder of......................4½ per cent. Land Bonds of the denomination of £100,.....................Land Bonds of the denomination of £10, and......................Land Bonds of the denomination of £1. | ||||||||||||||
............................................. | ||||||||||||||
Accountant. | ||||||||||||||
Total amount of 4½ per cent. Land Bonds to be transferred £................................................... | ||||||||||||||
Sealed with the Seal of the Irish Land Commission, in the presence of | ||||||||||||||
............................................. | ||||||||||||||
Clerk of the Seal. | ||||||||||||||
FORM E. | ||||||||||||||
THE NATIONAL LAND BANK, LIMITED. | ||||||||||||||
THE IRISH LAND COMMISSION—SEPARATE CREDITS ACCOUNT. | ||||||||||||||
Record No. ..................................…….. | ||||||||||||||
Estate of ............................................... | ||||||||||||||
Title of Ledger Account......................... | ||||||||||||||
National Land Bank, Ltd., | ||||||||||||||
.......................192........... | ||||||||||||||
To the Irish Land Commission. | ||||||||||||||
Pursuant to your instructions dated the................day of................. 19.......... | ||||||||||||||
I.—The sum of....................FOUR AND ONE—HALF PER CENT. LAND BONDS has this day been transferred to the Account of.......................................................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
II.—............................................................ ............................................................ . | ||||||||||||||
............................................................ ............................................................ ...................... | ||||||||||||||
…............................................................ ............................................................ ................. | ||||||||||||||
has been registered as the registered holder of the FOUR AND ONE HALF PER CENT, LAND BONDS specified below. | ||||||||||||||
| ||||||||||||||
FORM F. | ||||||||||||||
SAORSTÁT EIREANN. | ||||||||||||||
4½ PER CENT. LAND BONDS.—DEED OF TRANSFER. | ||||||||||||||
To the Secretary, | ||||||||||||||
National Land Bank, Ltd., | ||||||||||||||
DUBLIN, | ||||||||||||||
I, | ||||||||||||||
in consideration of the sum of | ||||||||||||||
paid by | ||||||||||||||
hereinafter called the said Transferee | ||||||||||||||
Do hereby assign and transfer to the said Transferee :— | ||||||||||||||
TO HOLD unto the said Transferee, Executors, Administrators and Assigns, subject to the several conditions on which held the same immediately before the execution hereof ; and the said Transferee do hereby agree to accept and take the said subject to the conditions aforesaid. | ||||||||||||||
AS WITNESS our Hands and Seals, this day of in the Year of Our Lord One Thousand Nine Hundred and | ||||||||||||||
Signed, sealed and delivered by the above-named, in the presence of | ||||||||||||||
Signature of Witness | ||||||||||||||
Address | ||||||||||||||
Occupation | ||||||||||||||
Insert distinctive numbers and denominations of Bonds to be transferred | ||||||||||||||
The deed of transfer may, if desired, be executed under hand only without seal. (Land Finance) Rules, 1925, r. 21 (1).) | ||||||||||||||
FORM G. | ||||||||||||||
No....................... | ||||||||||||||
DEMAND for Bondholders to be described in the Bank Books as Trustees or as holding any other fiduciary position. | ||||||||||||||
To the Chief Accountant of the National Land Bank, Ltd. | ||||||||||||||
| ||||||||||||||
standing in the name (s) of | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ...................... | ||||||||||||||
I/We hereby request you [upon the transfer to me/us of the above-mentioned 4½ Land Bond(s)] to describe me/us in the [above-stated] account (s) [to be opened in respect of such Land Bond (s)] as............................................................ ....................................................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ...................... | ||||||||||||||
............................................................ ............................................................ ...................... | ||||||||||||||
Date........................192............ | ||||||||||||||
N.B.—The Register Certificate(s) should accompany this request. | ||||||||||||||
| ||||||||||||||
INSTRUCTIONS FOR ATTESTING THE SIGNATURE TO THE WITHIN DEMAND. | ||||||||||||||
A " credible witness " is required to each signature, who must state his Quality, Profession, or Occupation, and give a permanent address. He should be a person of known position, such as a District Justice, Peace Commissioner, Solicitor, Clergyman, or Registered Medical Practitioner ; or failing that, a Householder. | ||||||||||||||
No Bondholder named in this Demand, nor the Husband or Wife of such a Bondholder, is a " credible witness " thereto. | ||||||||||||||
Except when a " Demand " is executed in the Irish Free State in Northern Ireland, or in Great Britain, in addition to attestation by the credible witness, the signature or signatures must be attested by a Diplomatic or Consular Officer of the Irish Free State or Great Britain, or by a Notary Public. | ||||||||||||||
A " Demand " can be executed by a person unable to write either (a) by mark or (b) by a Notary Public, Commissioner for Oaths or Peace Commissioner executing it on his behalf. | ||||||||||||||
When a " Demand " is executed by mark, instead of by signature, the Witness must be a person of known position, such as a Clergyman in the Bondholder's parish, a District Justice, Peace Commissioner, Solicitor, or Registered Medical Practitioner ; and the Witness must state in writing that the " Demand " was read over and fully explained to, and was understood by, the Bondholder. Should the Bondholder be unable to understand the purport of the " Demand," there must be no execution. | ||||||||||||||
When a " Demand " is executed on behalf of a person unable to write by a Notary Public, Commissioner for Oaths, or Peace Commissioner, the Notary Public, Commissioner for Oaths, or Peace Commissioner must satisfy himself that the effect of the document is fully understood by the person unable to write and his signature must be attested by at least one " credible witness." The Notary Public, Commissioner for Oaths, or Peace Commissioner, and such witness must sign a certificate endorsed on or annexed to the " Demand," or included in the execution thereof, in the following form, or to the following effect :— | ||||||||||||||
" On the demand of the above-named...........................................................who declares that he cannot write on account of sickness and bodily weakness [or never having been taught or otherwise, as the case may be], I.............................................Notary Public [or Commissioner for Oaths or Peace Commissioner for the County of......................] execute these presents [or have executed the within, or the annexed, document] for him, he having authorised me for that purpose, and the same having been previously read over to him, all in the presence of the above-named Witness who subscribes this Certificate in testimony of his having heard [or seen] the authority given to me as aforesaid and heard these presents [or the within or annexed document] read over to the said............................................................ ............... " | ||||||||||||||
............................................. | ||||||||||||||
Witness..................................... | ||||||||||||||
Permanent Address.................................... | ||||||||||||||
Occupation ................................................ | ||||||||||||||
This form may be used for several accounts in the same names. | ||||||||||||||
Names and addresses (in full) of the bondholders as in Bank books. | ||||||||||||||
Insert " Trustee " or as the case may be, and, if desired. the name of particular Trust. | ||||||||||||||
FORM H. | ||||||||||||||
DEMAND that the Official description of a Bondholder may be inserted either in addition to, or in lieu of, his name, in an account in the Books of the National Land Bank, Limited. | ||||||||||||||
LAND (FINANCE) RULES, 1925. | ||||||||||||||
To the Chief Accountant of the National Land Bank, Limited. | ||||||||||||||
| ||||||||||||||
standing in the name(s) of............................................................ .......................................... | ||||||||||||||
…............................................................ ............................................................ ................. | ||||||||||||||
...……............................................................ ............................................................ .......... | ||||||||||||||
.........……............................................................ ............................................................ ..... | ||||||||||||||
I/We hereby request that | ||||||||||||||
"(a) My/Our the official description of the above-named | ||||||||||||||
may be added to [substituted for] My/Our/his name (s) in the above-mentioned account (s). | ||||||||||||||
"(b) Upon the transfer to me/us of the above-mentioned Land Bond(s), my / our / the official description of the undersigned............................................................ ......may be inserted in the account(s) in addition to [in lieu of] my/our/his name (s). | ||||||||||||||
So that the account (s) may stand in the Bank Books as follows, viz. :— | ||||||||||||||
............................................................ ............................................................ ................... | ||||||||||||||
............................................................ ............................................................ ................... | ||||||||||||||
............................................................ ............................................................ ................... | ||||||||||||||
............................................................ ............................................................ ................... | ||||||||||||||
I/We also hereby request you to describe me/us in the above-mentioned account(s) as............................................................ ............................................................ ................ | ||||||||||||||
............................................................ ............................................................ .................... | ||||||||||||||
............................................................ ............................................................ .................... | ||||||||||||||
Date.…………….......................192........... | ||||||||||||||
N.B.—The Register Certificate(s) must accompany this Request. | ||||||||||||||
| ||||||||||||||
NOTE.—In the case of joint accounts all the Bondholders must sign this form. | ||||||||||||||
INSTRUCTIONS FOR ATTESTING THE SIGNATURE TO THE WITHIN DEMAND. | ||||||||||||||
A " credible witness " is required to each signature, who must state his Quality, Profession, or Occupation, and give a permanent address. He should be a person of known position, such as a District Justice, Peace Commissioner, Solicitor, Clergyman, or Registered Medical Practitioner ; or failing that, a Householder. | ||||||||||||||
No Bondholder named in this Demand, nor the Husband or Wife of such a Bondholder, is a " credible witness " thereto. | ||||||||||||||
Except when a " Demand " is executed in the Irish Free State, in Northern Ireland or in Great Britain, in addition to attestation by the credible witness, the signature or signatures must be attested by a Diplomatic or Consular Officer of the Irish Free State or Great Britain, or by a Notary Public. | ||||||||||||||
A " Demand " can be executed by a person unable to write either (a) by mark or (b) by a Notary Public, Commissioner for Oaths, or Peace Commissioner executing it on his behalf. | ||||||||||||||
When a " Demand " is executed by mark, instead of by signature, the Witness must be a person of known position, such as a Clergyman in the Bondholder's parish, a District Justice, Peace Commissioner, Solicitor, or Registered Medical Practitioner ; and the Witness must state in writing that the " Demand " was read over and fully explained to, and was understood by, the Bondholder. Should the Bondholder be unable to understand the purport of the " Demand," there must be no execution. | ||||||||||||||
When a " Demand " is executed on behalf of a person unable to write by a Notary Public, Commissioner for Oaths, or Peace Commissioner, the Notary Public, Commissioner for Oaths, or Peace Commissioner must satisfy himself that the effect of the document is fully understood by the person unable to write and his signature must be attested by at least one " credible witness." The Notary Public, Commissioner for Oaths, or Peace Commissioner, and such witness must sign a certificate endorsed on or annexed to the " Demand," or included in the execution thereof, in the following form, or to the following effect :— | ||||||||||||||
" On the demand of the above-named............................................. who declares that he cannot write on account of sickness and bodily weakness [or never having been taught or otherwise, as the case may be] I..............................Notary Public [or Commissioner for Oaths or Peace Commissioner for the County of...................................] execute these presents [or have executed the within, or the annexed, document] for him, he having authorised me for that purpose and the same having been previously read over to him, all in the presence of the above-named Witness, who subscribes this Certificate in testimony of his having heard [or seen] the authority given to me as aforesaid and heard these presents [or the within or annexed document] read over to the said............................................................ ............................... | ||||||||||||||
.................................... | ||||||||||||||
Witness ..............................................………… | ||||||||||||||
Permanent Address....................……………………............... | ||||||||||||||
Occupation ...……………………............................................. | ||||||||||||||
Names and addresses (in full) of all the bondholders as in Bank books. | ||||||||||||||
(a) To be used for existing accounts. | ||||||||||||||
(b) To be used for new accounts. | ||||||||||||||
If the bondholders desire to be described in the account as Trustees or as holding any other fiduciary position insert " Trustee " or as the case may be and, if desired, the name of the particular Trust. | ||||||||||||||
FORM I. | ||||||||||||||
No.................... | ||||||||||||||
DEMAND to act by a majority of the Bondholders for the purpose of transferring 4½ per cent. Land Bonds or authorising the payment or accumulation of Dividends. | ||||||||||||||
LAND (FINANCE) RULES, 1925. | ||||||||||||||
To the Directors of the National Land Bank, Limited. | ||||||||||||||
| ||||||||||||||
standing in the name (s) of | ||||||||||||||
............................................................ ............................................................ .................. | ||||||||||||||
............................................................ ............................................................ .................. | ||||||||||||||
............................................................ ............................................................ ................... | ||||||||||||||
............................................................ ............................................................ ................... | ||||||||||||||
We hereby request and authorise you to permit | ||||||||||||||
(a) the above-mentioned Land Bonds, or any of them for the time being so standing, to be transferred ; and | ||||||||||||||
(b) instructions for the payment or accumulation of the dividends on the above-mentioned Land Bond(s), or on any of them for the time being so standing, to be given ; by a majority of the said Bondholders or of the survivors. | ||||||||||||||
Date...…………………………….........................192..... | ||||||||||||||
| ||||||||||||||
NOTE.—This form must be signed by all the Bondholders. | ||||||||||||||
INSTRUCTIONS FOR ATTESTING THE SIGNATURE TO THE WITHIN DEMAND. | ||||||||||||||
A " credible witness " is required to each signature, who must state his Quality, Profession, or Occupation, and give a permanent address. He should be a person of known position, such as a District Justice, Peace Commissioner, Solicitor, Clergyman, or Registered Medical Practitioner ; or failing that, a Householder. | ||||||||||||||
No Bondholder named in this Demand, nor the Husband or Wife of such a Bondholder, is a " credible witness " thereto. | ||||||||||||||
Except when a " Demand " is executed in the Irish Free State, in Northern Ireland, or in Great Britain, in addition to attestation by the credible witness the signature or signatures must be attested by a Diplomatic or Consular Officer of the Irish Free State or Great Britain, or by a Notary Public. | ||||||||||||||
A " Demand " can be executed by a person unable to write either (a) by mark or (b) by a Notary Public, Commissioner for Oaths, or Peace Commissioner executing it on his behalf. | ||||||||||||||
When a " Demand " is executed by mark, instead of by signature, the Witness must be a person of known position, such as a Clergyman in the Bondholder's parish, a District Justice, Peace Commissioner, Solicitor, or Registered Medical Practitioner ; and the Witness must state in writing that the " Demand " was read over and fully explained to, and was understood by, the Bondholder. Should the Bondholder be unable to understand the purport of the " Demand," there must be no execution. | ||||||||||||||
When a " Demand " is executed on behalf of a person unable to write by a Notary Public, Commissioner for Oaths, or Peace Commissioner, the Notary Public, Commissioner for Oaths, or Peace Commissioner must satisfy himself that the effect of the document is fully understood by the person unable to write and his signature must be attested by at least one " credible witness. " The Notary Public, Commissioner for Oaths, or Peace Commissioner, and such witness must sign a certificate endorsed on or annexed to the " Demand, " or included in the execution thereof, in the following form, or to the following effect :— | ||||||||||||||
" On the demand of the above-named.......................................... who declares that he cannot write on account of sickness and bodily weakness [or never having been taught or otherwise, as the case may be] I................................Notary Public [or Commissioner for Oaths or Peace Commissioner for the County of.................................] execute these presents [or have executed the within, or the annexed, document] for him, he having authorised me for that purpose and the same having been previously read over to him, all in the presence of the above-named Witness, who subscribes this Certificate in testimony of his having heard [or seen] the authority given to me as aforesaid and heard these presents [or the within or annexed document] read over to the said............................................................ ............................. | ||||||||||||||
....................................................... | ||||||||||||||
Witness ............................................................ ......... | ||||||||||||||
Permanent Address..…................................... | ||||||||||||||
Occupation …............................................... | ||||||||||||||
Names and addresses (in full) of all the bondholders as in Bank books. | ||||||||||||||
Strike out either clause if not required. | ||||||||||||||
FORM K. | ||||||||||||||
No....……....... | ||||||||||||||
DEMAND by the Executor(s) or Administrator(s) of a sole or last surviving Bondholder whose death has been proved in the Bank Books, that 4½ per cent. Land Bonds may be transferred to the name of the said Executor(s) or Administrator(s). | ||||||||||||||
LAND (FINANCE) RULES, 1925. | ||||||||||||||
To the Directors of the National Land Bank, Limited. | ||||||||||||||
| ||||||||||||||
standing in the name (s) of | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
............................................................ ............................................................ ...................... | ||||||||||||||
I/We being the Executor(s) /Administrator(s) of the said.........................................hereby request and authorise you to cause the above-mentioned Land Bond(s) to be transferred in the Bank Books into my/our name (s) as follows, viz. :— | ||||||||||||||
............................................................ ............................................................ .................... | ||||||||||||||
............................................................ ............................................................ .................... | ||||||||||||||
............................................................ ............................................................ .................... | ||||||||||||||
............................................................ ............................................................ ..................... | ||||||||||||||
[Executor(s) of the Will/Administrator(s) of the estate of........... ............................................................ .............deceased.] | ||||||||||||||
............................................................ ..........................…....………………….................... | ||||||||||||||
Date...........................................192............... | ||||||||||||||
N.B.—The Register Certificate(s) must accompany this Request. | ||||||||||||||
| ||||||||||||||
NOTE.—This form must be signed by all the Executors or Administrators. | ||||||||||||||
INSTRUCTIONS FOR ATTESTING THE SIGNATURE TO THE WITHIN DEMAND. | ||||||||||||||
A " credible witness " is required to each signature, who must state his Quality, Profession, or Occupation, and give a permanent address. He should be a person of known position, such as a District Justice, Peace Commissioner, Solicitor, Clergyman, or Registered Medical Practitioner ; or failing that, a Householder. | ||||||||||||||
No Bondholder named in this Demand, nor the Husband or Wife of such a Bondholder, is a " credible witness " thereto. | ||||||||||||||
Except when a " Demand " is executed in the Irish Free State, in Northern Ireland, or in Great Britain, in addition to attestation by the credible witness, the signature or signatures must be attested by a Diplomatic or Consular Officer of the Irish Free State or Great Britain, or by a Notary Public. | ||||||||||||||
A " Demand " can be executed by a person unable to write either (a) by mark or (b) by a Notary Public, Commissioner for Oaths, or Peace Commissioner executing it on his behalf. | ||||||||||||||
When a " Demand " is executed by mark, instead of by signature, the Witness must be a person of known position, such as a Clergyman in the Bondholder's parish, a District Justice, Peace Commissioner, Solicitor, or Registered Medical Practitioner ; and the Witness must state in writing that the " Demand " was read over and fully explained to, and was understood by, the Bondholder. Should the Bondholder be unable to understand the purport of the " Demand," there must be no execution. | ||||||||||||||
When a " Demand " is executed on behalf of a person unable to write by a Notary Public, Commissioner for Oaths, or Peace Commissioner, the Notary Public, Commissioner for Oaths, or Peace Commissioner must satisfy himself that the effect of the document is fully understood by the person unable to write and his signature must be attested by at least one " credible witness." The Notary Public, Commissioner for Oaths, or Peace Commissioner, and such witness must sign a certificate endorsed on or annexed to the " Demand," or included in the execution thereof, in the following form, or to the following effect :— | ||||||||||||||
" On the demand of the above-named........................................ who declares that he cannot write on account of sickness and bodily weakness [or never having been taught or otherwise, as the case may be] I.......................... Notary Public [or Commissioner for Oaths or Peace Commissioner for the County of.................................................... ..............................] execute these presents [or have executed the within, or the annexed, document] for him, he having authorised me for that purpose and the same having been previously read over to him, all in the presence of the above-named Witness, who subscribes this Certificate in testimony of his having heard [or seen] the authority given to me as aforesaid and heard these presents [or the within or annexed document] read over to the said...................... " | ||||||||||||||
.................................................. | ||||||||||||||
Witness ............................................ | ||||||||||||||
Permanent Address.................................... | ||||||||||||||
Occupation …............................................... | ||||||||||||||
Name (s) and address(es) in full of deceased bondholder(s) as in Bank books. | ||||||||||||||
Delete the words not applicable. | ||||||||||||||
Name (s) in full, Address(es) and description(s) of bondholder(s) as they are to be entered in the Bank books, deleting the words within brackets if the representative capacity is not to appear on the account. | ||||||||||||||
FORM L. | ||||||||||||||
CERTIFICATE to be given by a Notary Public, Commissioner for Oaths, or Peace Commissioner, with regard to the execution of a document relating to 4½ per cent. Land Bonds on behalf of a person who from any cause is unable to write. | ||||||||||||||
" On the demand of the above-named............................................................ ............ who declares that he cannot write on account of sickness and bodily weakness [or never having been taught, or otherwise, as the case may be], I................................................... Notary Public [or Commissioner for Oaths or Peace Commissioner for the County of.........................] execute these presents [or have executed the within, or the annexed, document] for him, he having authorised me for that purpose and the same having been previously read over to him, all in the presence of the above-named Witness who subscribes this Certificate in testimony of his having heard [or seen] the authority given to me as aforesaid and heard these presents [or the within, or the annexed, document] read over to the said........................................................ " | ||||||||||||||
………………………………………..… | ||||||||||||||
Witness ......................................... | ||||||||||||||
Permanent Address........................ | ||||||||||||||
NOTE.—The Witness must be a person of known position such as a District Justice, Peace Commissioner, Solicitor, Clergyman, or Registered Medical Practitioner, or failing that a Householder. | ||||||||||||||
The Husband or Wife of the person making the Demand cannot be a Witness. | ||||||||||||||
SECOND SCHEDULE. | ||||||||||||||
The following documents relating to 4½ per cent. Land Bonds :— | ||||||||||||||
Transfers. | ||||||||||||||
Powers of Attorney. | ||||||||||||||
Contracts of indemnity entered into on the issue by the Bank of duplicates of any documents. | ||||||||||||||
Documents in the forms G, H, I, and K, in the First Schedule to these Rules, or in forms to the like effect. | ||||||||||||||