No. 361/1936:

LAND PURCHASE ACTS RULES, 1936.

LAND PURCHASE ACTS RULES, 1936.

LAND PURCHASE ACTS (1923 TO 1933) AND LAND ACT, 1936 .

RULES AND ORDERS UNDER THE LAND ACT, 1933 .

9^TH DAY OF DECEMBER, 1936.

It is this day ordered by the Minister for Lands, in pursuance of the powers conferred on him by Section 3 of the Land Act, 1933 , and of every other power him enabling in this behalf, with the concurrence of a majority of the committee constituted pursuant to the provisions of the said Section, and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules shall, from and after this date and until further order, take effect and be in force in relation to proceedings under the Land Purchase Acts, and that all existing rules and orders made under the same Acts, in so far as they are inconsistent with these rules, but no further, are hereby amended or revoked.

GERALD BOLAND,

Minister for Lands.

We hereby concur in the making of the following Rules.

CONTENTS.

ORDERS.

CONTENTS (Continued).

APPENDIX—FORMS.

ORDER I. INTERPRETATION.

Definitions.

1. In these Rules and Orders, unless the context otherwise requires, " The Act " means the Land Act, 1936 .

Interpretation.

2. The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of these Rules and Orders in like manner as it applies to the interpretation of an Act of the Oireachtas.

Title

3. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1936.

ORDER II. NOTICE OF REDUCTION OF STANDARD PURCHASE ANNUITIES.

Amendment of Order X, Rule 1, of the Rules of 22nd January, 1934.

1. The Notice prescribed by Rule I of Order X of the Rules under the Land Act, 1933 , of the 22nd day of January, 1934, shall be sent by the Land Commission by registered post to all parties appearing to have an interest in the purchase money of the holding as owners of superior interests or otherwise so far as known to the Land Commission or to their respective solicitors in addition to the landlord and tenant of the holding as already prescribed by the Rule.

ORDER III. WARRANT OF ARREARS DUE.

SECTION 17.

Form of Warrant.

1. The Warrant to be issued by the Land Commission to the County Registrar or Under-Sheriff, as the case may be, certifying the amount of money due by a defaulter to the Land Commission, shall be in Form 108 and shall be made out and issued in duplicate.

ORDER IV. APPOINTMENT OF LIMITED ADMINISTRATORS.

Extension of Existing Rules.

1. Rules 1 and 2 of Order XXXVIII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, are hereby extended so as to include and provide for the appointment under sub-section (11) of Section 42 of the Land Act, 1933 , or under Section 20 of the Act, of Limited Administrators for the purposes of proceedings under the said sections.

ORDER V. COMPULSORY ACQUISITION.

SECTION 25.

Copies of the certificate and of the provisional list to be served.

1. A copy of the certificate of the Lay Commissioners that land is required for the relief of congestion or for the purpose of resale to the persons or bodies referred to in Section 25 of the Act, and a copy of the provisional list of the land, together with notice of the manner in which and the time within which objections may be made to the provisional list shall be served by the Land Commission personally or by registered post on the person appearing to be the owner thereof or his solicitor.

Objections to provisional list.

2. Any person objecting to the provisional list may lodge his objection within one month of the service on him of the copy of the list. The objection should be in writing in Form 109, it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Acquisition and Resales Division of the Land Commission.

The objection to be listed.

3. The objection shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission on the objector and on such other persons as appear to be interested in the objection, or on their respective solicitors.

Requisition for an alternative holding to be lodged.

4. A requisition by the tenant or proprietor of lands certified to be required under Rule 1 of this Order to have the whole of his lands acquired and to be provided with a new holding shall be in writing signed by the tenant or proprietor or by his solicitor. It should be in Form 110 in lieu of Form 102 which is hereby withdrawn, and it shall be filed in the Acquisition and Resales Division of the Land Commission within the following periods—if no objection to the provisional list is filed, within one month from the expiration of the time for filing objections ; and if an objection has been filed, within one month from the date of the final decision on the objection.

Listing of the requisition for a new holding.

5. If the Lay Commissioners (other than the members of the Appeal Tribunal) are not satisfied that the tenant or proprietor of the certified lands is entitled to have the foregoing requisition granted, the requisition shall, if the tenant or proprietor so require, be listed for hearing before them and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the tenant or proprietor or on his solicitor.

Certain Orders and Rules of the 22nd January, 1934, revoked.

6. Rules 1 to 5 inclusive of Order VI and Order VIII of the Rules made under Section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, are hereby revoked as to all proceedings for the compulsory acquisition of land had after the passing of the Act.

Order VI. Rule 6 of the Rules dated 22nd January, 1934, extended.

7. Rule 6 of Order VI of the aforesaid rules dated the 22nd day of January, 1934, is hereby extended so as to apply to all lands certified under Section 25 of the Act.

ORDER VI. OMITTED HOLDINGS.

SECTIONS 31 AND 40.

Form of application.

1. An application by a tenant of a holding to which the provisions of Section 24 (1) of the Land Act, 1923 , have been applied by any Land Purchase Act amending or extending these provisions, for an order requiring his landlord to furnish the particulars of his holding shall be in writing, and shall refer to the section of the Land Act on which the applicant relies as entitling him to the order sought for. The application may be in Form 78 as prescribed under the Provisional Rules dated the 6th day of May, 1931, with the addition of the foregoing particulars, if no order had previously been made by the Land Commission excluding the holdings. Where such order had been made, Form 107, as prescribed by the Rules made under Section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, applies.

Listing of application.

2. Unless the Land Commission, as provided by Section 31 of the Act, is satisfied that an application of a tenant under Section 14 of the Land Act, 1931 , for an order requiring the landlord to furnish particulars of his holding should be granted without being listed for hearing, the application shall be listed for hearing, and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested in the application, or on their respective solicitors.

Order V. Rule 3 of the Rules of 6th May, 1931, revoked.

3. The foregoing Rule is in substitution for Rule 3 of Order V of the Provisional Rules under the Land Purchase Acts dated the 6th day of May, 1931, which is hereby revoked.

ORDER VII. STUD FARMS.

SECTION 34.

Objections to be listed for hearing.

1. Unless an objection to the acquisition or retention of land claimed to be used as a Stud Farm within the meaning of Section 9 of the Land Act, 1927 , as amended by Section 34 of the Act, is otherwise disposed of, it shall be listed for hearing before the Lay Commissioners, and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and on all persons appearing to the Land Commission to be interested in the objection or on their respective solicitors.

Order III. Rules 2 and 3 of the Rules of 24th August, 1927, revoked.

2. Rules 2 and 3 of Order III of the Provisional Rules under the Land Purchase Acts dated the 24th day of August, 1927, are hereby revoked.

ORDER VIII. EXTINGUISHMENT OF SUPERSEDED RIGHTS OF WAY.

SECTION 35.

A map of the rights of way to be prepared and filed.

1. Before exercising the powers conferred by Section 35 of the Act of extinguishing a right of way which has become unnecessary in consequence of the conferring or extension of another right of way, the Land Commission shall prepare a map showing the right of way proposed to be extinguished and the new or extended right of way conferred or extended or to be conferred or extended, as the case may be, in substitution therefor. The map shall be filed in the Land Commission, and shall be open to inspection at any time the offices of the Land Commission are open for the transaction of business.

Notice and copy of map to be served.

2. A copy of the map shall be served by the Land Commission either personally or by registered post on the persons appearing to the Land Commission to be entitled to use the right of way proposed to be extinguished, so far as they are known to the Land Commission, and shall be accompanied by a notice containing particulars of the right of way proposed to be extinguished and of the new or extended right of way which is to be substituted for it and stating the compensation (if any) proposed to be awarded in consequence of the extinguishment of the said right of way, and the manner in which and the time within which objections to the proposed extinguishment may be made.

Notice may be published.

3. Where owing to the fact that the names and addresses of the persons entitled to use the right of way which is proposed to be extinguished are unknown to the Land Commission or for any other reason service of the notice and map cannot be effected under the foregoing rule, the Land Commission may publish in a newspaper circulating in the district in which the said right of way is situated a Notice to the effect that the map is filed in the Land Commission and is open for inspection. The Notice shall also contain particulars of the right of way proposed to be extinguished and of the new or extended right of way which is to be substituted for it, and the publication thereof as prescribed by this rule shall be deemed to be service on all interested parties.

Time for objection.

4. Any person claiming to be entitled to the user of the right of way proposed to be extinguished may within one month of the date of the service of the Notice on him, or within one month of the date of the publication of the Notice in the newspaper, whichever date be later, lodge in the Land Commission an Objection in writing, which may be in Form III. The objection should state fully the grounds of objection and should be signed by the objector, or by his solicitor.

Hearing of objections.

5. The Lay Commissioners shall consider all objections that may be lodged and unless the same are allowed shall list them for hearing. Not less than fourteen days' notice of the hearing shall be served personally or by registered post on the objectors and on such other persons as may appear to the Land Commission to be interested in the objection, or on their respective solicitors.

ORDER IX. RESTRICTIONS ON THE CUTTING OR REMOVAL OF BENT.

SECTION 36.

Publication of Notice.

1. Notice of the intention of the Land Commission to make an order prohibiting the cutting or removal of bent or any similar grass on or from any lands shall be given by posting copies of the Notice on three conspicuous places on, or in the neighbourhood of, the lands and on the Notice board of any Station of the Gárda Síochána in the vicinity of the lands or on some other conspicuous place in front of such station.

A map to be prepared.

2. The Land Commission shall prepare a map showing the lands on and from which it is intended to prohibit the cutting and removal of bent or other similar grass. The map shall be filed in the Secretariat of the Land Commission and shall be open for inspection at any time the offices of the Land Commission are open for the transaction of business.

Form of Notice.

3. The Notice shall be in Form 112.

Publication of the Order.

4. When the Order has been made Notice thereof shall be published in the Iris Oifigiúil.

ORDER X. NEW TENANCIES.

SECTION 37 (1).

Application for an order that the provisions of the Land Purchase Acts relating to tenanted land should apply to a new tenancy.

1. An application by the occupier of a parcel of untenanted land held under a contract of tenancy as described in sub-section (1) of Section 37 of the Act entered into after the 9th day of August, 1923, and before the 14th day of October, 1933, for an order under the said sub-section declaring that the provisions of the Land Act, 1923 , as amended and extended, relating to tenanted land should apply to the parcel shall be in writing in Form 113 and shall be accompanied by a portion of the Ordnance Map showing the parcel, and shall be filed in the Purchase Branch of the Land Commission.

Land Commission to serve notice of filing of the application.

2. When the application has been filed the Land Commission shall serve notice of such filing together with notice of the manner in which and the time within which objections may be made to the granting of the application, personally or by registered post on the persons appearing from the application to be interested in the parcel, or on their respective solicitors.

Listing of the application.

3. If no person having or claiming an interest in the parcel has objected to the application, and if the Land Commission is satisfied that the application should be granted, the application may be granted without having been listed for hearing ; in all other cases the application shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested in the application, or on their respective solicitors.

ORDER XI. FEE FARM GRANTS AND LONG LEASES.

SECTIONS 37 (3), 42 AND 43.

Application by owner.

1. An application by the owner of a parcel of land, under Section 44 of the Land Act, 1931 , as amended by Section 42 of the Land Act, 1933 , and by Sections 42 and 43 of the Act, or under sub-section (3) of Section 37 of the Act shall be in Form 114 and shall be verified by the affidavit of the owner and shall be accompanied by a portion of the Ordnance Map showing the entire lands out of which the rent is payable, and, if apportionment is necessary, in distinctive colours the portions between which it is proposed to apportion the rent, and shall be filed in the Purchase Branch of the Land Commission.

Land Commission to serve notice of filing of application.

2. When the application has been filed the Land Commission shall serve notice of such filing together with notice of the manner in which and the time within which objections may be made to the granting of the application personally or by registered post on the persons appearing from the application to be interested in the parcel, or on their respective solicitors.

Listing of the application.

3. If no person having or claiming an interest in the parcel has objected to the application, and if the Land Commission is satisfied that the application should be granted, the application may be granted without having been listed for hearing ; in all other cases the application shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days notice of the hearing of the application shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested in the application or on their respective solicitors.

Publication of notice of intention to fix the Standard Purchase Annuity.

4. A notice by the Land Commission of their intention to make an order fixing the Standard Purchase Annuity of a parcel of land, in respect of which an application under Section 44 of the Land Act, 1931 , has been granted in the manner referred to in sub-section (5) of Section 42 of the Land Act, 1933 , shall be published in the lris Oifigiúil and shall be sent by registered post to all persons appearing to be interested in the parcel, or to their respective solicitors.

Publication of notice fixing the Standard Purchase Annuity.

5. When the Standard Purchase Annuity of a parcel of land has been fixed by the Land Commission notice of the amount so fixed shall be published in the Iris Oifigiúil and shall be sent by registered post to all persons appearing to be interested in the parcel, or to their respective solicitors.

Revocation of previous Rules.

6. Order IV of the Provisional Rules under the Land Purchase Acts dated the 24th day of August, 1927, Order XV of the Provisional Rules under the Land Purchase Acts dated the 6th day of May, 1931, and Order XI of the Rules and Orders under Section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, are hereby revoked.

ORDER XII. SPORTING RIGHTS.

SECTION 39.

Extension of Order IX of Rules of 22nd January, 1934.

1. Rules 1 to 4 of Order IX of the Rules and Orders under Section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, are hereby extended so as to include and provide for the purchase of sporting rights under the provisions of Section 39 of the Act, with this modification as regards Rule 3, namely, that the application therein referred to as regards proceedings under Section 34 of the Land Act, 1933 , as well as those under Section 39 of the Act, shall be listed before the Lay Commissioners (other than the members of the Appeal Tribunal).

ORDER XIII. PURCHASE OF PART OF A HOLDING.

SECTION 41.

Application for an order declaring the appointed day for part of a holding.

1. The application of a tenant of a holding, to part only of which the provisions of subsection (1) of Section 24 of the Land Act, 1923 , apply, to the Land Commission for an order under Section 41 of the Act, dividing the holding into separate holdings, apportioning the rent between such separate holdings and declaring the appointed day for the separate holding to which the provisions of subsection (1) of Section 24 of the Land Act, 1923 , apply, shall be in writing in Form 115, and shall be accompanied by a portion of the Ordnance Map showing the respective portions of the holding and shall be filed in the Purchase Branch of the Land Commission.

Notice of filing of the application.

2. When the application has been filed, notice of such filing shall be served by the Land Commission personally or by registered post on the landlord of the holding and on all other persons appearing to the Land Commission to be interested in the matter, or on their respective solicitors.

Notice of the hearing of the application.

3. Unless the application is otherwise disposed of, it shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission, personally or by registered post, on the applicant and on the other persons appearing to be interested in the application, or on their respective solicitors.

ORDER XIV. NOTICE OF VESTING ORDERS.

SECTION 46.

One month's notice of vesting to be published.

1. Not less than one month before any order is made vesting in the Land Commission any land which they have agreed to purchase, the Land Commission shall publish in Iris Oifigiúil a notice in Form 116, and serve a copy of such notice personally or by registered post on such persons appearing to have an interest in the land as the Land Commission may think necessary.

Objections to be filed.

2. Any person interested in the land and wishing to show cause against the making of such Vesting Order, may, within the time mentioned in the said notice lodge an objection in writing, stating fully the grounds of his objection, and signed by him or his solicitor. The objection shall be filed in the Acquisition and Resales Division of the Land Commission and notice of such filing shall be served by the Land Commission personally or by registered post on such persons as appear to be affected thereby, or on their respective solicitors.

Listing of objections for hearing.

3. The Lay Commissioners (other than the members of the Appeal Tribunal) shall consider any objection that may be filed, and unless the same be otherwise disposed of it shall be listed for hearing before them and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and on the other persons appearing to be interested, or on their respective solicitors.

Rules 36 and 37 of the Estates Commissioners' Rules of 4th November, 1907, revoked.

4. The foregoing rules supersede Rules 36 and 37 of the Estates Commissioners' Rules, dated the 4th day of November, 1907, which are hereby revoked.

ORDER XV. TIME AND FORMS.

Power to enlarge or abridge time.

1. The Judicial Commissioner, or the Land Commission in cases not within the exclusive jurisdiction of the Judicial Commissioner, shall have power to enlarge or abridge the time appointed by these Rules and Orders or fixed by an Order for doing any act, or taking any proceedings upon such terms, if any, as the justice of the case may require, and any such enlargement may be applied for and ordered after the expiration of the time appointed.

Fourteen days' notice of listing for hearing of all matters before the Lay Commissioners to be given.

2. Fourteen days' notice of the listing for hearing before the Lay Commissioners of all matters not covered by these rules is substituted for the ten days' notice prescribed by the existing rules made under the Land Purchase Acts, and the said rules are hereby varied accordingly.

Variation of Forms.

3. The several forms in the Appendix may, when necessary, be adapted or varied to suit a particular case, and any of such forms may from time to time be varied or cancelled and new forms substituted by the Land Commission.

ORDER XVI. EVIDENCE.

Evidence.

1. In all proceedings before the Lay Commissioners evidence shall be given orally, and, save by leave of the Lay Commissioners, shall not be received on affidavit. Where such leave is given the affidavit shall be filed in the Registrar's Office and a copy thereof shall be served on the other parties interested in the matter, and three copies thereof shall also be lodged in the Registrar's Office. Any party on whom such affidavit has been served shall be entitled to file, serve and lodge in like manner an answering affidavit or to produce before the Lay Commissioners such oral evidence as may be necessary for the purposes of answering such evidence.

An application for leave to submit evidence on affidavit may be made ex parte at any time.

Attendance for cross-examination.

2. The Lay Commissioners may on the application of either party order the attendance for cross-examination of any person making any such affidavit as is referred to in the foregoing rule.

Order XXX. Rules 1 and 3 of the Rules of 5th February, 1924, not to apply.

3. Rules 1 and 3 of Order XXX of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, shall not apply to proceedings before the Lay Commissioners.

ORDER XVII. RULES.

Saving of existing Rules.

1. All rules heretofore made under the Land Purchase Acts shall continue in force, save in so far as they are revoked by, or are inconsistent with, these rules.

APPENDIX.

FORMS.

FORM 108.

WARRANT OF THE LAND COMMISSION CERTIFYING THE DEBT DUE BY A DEFAULTER.

IRISH LAND COMMISSION.

LAND ACT, 1933 , SECTION 28.

In pursuance of the powers conferred by Section 28 of the Land Act, 1933 , and of every other power in that behalf them enabling the Irish Land Commission hereby certify that the person whose name is set forth in the Schedule hereto is the registered owner or person in occupation of the holding described in the said Schedule on which the Land Purchase Annuity, Rent, Interest in lieu of Rent, Payment in lieu of Rent, Interest on Purchase Money, Additional Sum or Annual Sum payable under the Land Purchase Acts set forth in the Schedule is charged and on which sums under the provisions of the Statute in that case made and provided are due and payable as stated in the said Schedule.

It is further certified that the above-named has made default in paying the said sum of £    so charged upon the said holding and you are accordingly authorised to levy the said sum of £     together with the appropriate fees and expenses to be paid to you as directed by the Statutes in that case made and provided.

SCHEDULE.

FORM 109.

OBJECTION TO A PROVISIONAL LIST OF LANDS CERTIFIED TO BE REQUIRED FOR THE RELIEF OF CONGESTION OR FOR THE PURPOSE OF RESALE TO THE PERSONS OR BODIES REFERRED TO IN SECTION 25 of THE LAND ACT, 1936 .

IRISH LAND COMMISSION.

LAND ACT, 1936 , SECTION 25.

1. A.B. of (state address and description) (hereinafter called the objector) objects to the provisional list dated the    day of    19    of the lands certified by the Lay Commissioners to be required for the relief of congestion or for the purpose of resale to the persons or bodies mentioned in Section 31 of the Land Act, 1923 , as amended by Section 33 of the Land Act, 1933 .

2. The interest of the objector in the lands is (state the nature of his interest).

3. The grounds relied on by the objector in support of his objection are

FORM 110.

REQUISITION TO THE LAND COMMISSION TO ACQUIRE AN ENTIRE HOLDING AND TO PROVIDE THE OWNER WITH A NEW HOLDING.

IRISH LAND COMMISSION.

LAND ACT, 1933 , SECTION 29, AND LAND ACT, 1936 , SECTION 25.

The Requisition of A.B. of (state address and description) sheweth :

That he is the proprietor (or tenant) of the holding described in the first part of the Schedule hereto, which was vested (or which is the subject of a purchase agreement) under the Land Purchase Acts.

That he or his wife (or she or her husband) resides on (or in the immediate neighbourhood of) the said holding (if not on the holding give the address of the residence).

That the holding is worked in the same manner as an ordinary farm in accordance with the proper methods of husbandry.

That he or his wife (or she or her husband) or he and his wife (or she and her husband) either severally or jointly are not the owners of lands exceeding in market value the sum of £2,000 exclusive of the certified land.

That the Land Commission made an Order dated the   day of    certifying (the part of) the said holding set out in the second part of the schedule hereto to be required for the relief of congestion or for the purpose of resale to the persons or bodies referred to in Section 25 of the Land Act, 1936 .

And the said A.B. hereby requests the Land Commission to acquire his entire lands and to provide him with a new holding of not less market value than the declared lands or of not less value than £2,000 whichever shall be the lesser sum.

SCHEDULE.

FIRST PART.

SECOND PART.

FORM 111.

OBJECTION TO THE EXTINGUISHMENT OF A RIGHT OF WAY.

IRISH LAND COMMISSION.

LAND ACT, 1936 , SECTION 35.

County

1. A.B., of (state address and description) (hereinafter called the Objector) claims to be entitled to the user of the Right of Way described in the Map filed in the Land Commission on the   day of   , over the lands of         , in the said County, and objects to the extinguishment thereof.

2. The grounds relied upon by the Objector in support of this objection are as follows (here state them fully).

FORM 112.

NOTICE OF INTENTION TO MAKE AN ORDER PROHIBITING THE CUTTING OF BENT.

IRISH LAND COMMISSION.

LAND ACT, 1936 , SECTION 36.

as shown on the Map filed in the Land Commission and thereon outlined in red.

TAKE NOTICE that the Irish Land Commission intend forthwith to make an order in pursuance of their powers under Section 36 of the Land Act, 1936 , prohibiting the cutting of bent or of any similar grass on the above-mentioned lands or the removal from the same lands of any bent or similar grass.

Any person disobeying this order will be guilty of an offence under the Section and will be liable on conviction to the penalties provided by the Statute.

FORM 113.

APPLICATION BY A TENANT OF A HOLDING CREATED AFTER THE 9TH DAY OF AUGUST, 1923, AND BEFORE THE 14TH DAY OF OCTOBER, 1933, THAT HIS HOLDING BE SOLD TO HIM UNDER THE LAND PURCHASE ACTS.

IRISH LAND COMMISSION.

LAND ACT, 1936 , SECTION 17 (1).

The application of A.B., of (state address and description) (hereinafter called the Applicant) showeth :—

That he occupies as tenant to the above-named owner that part of the lands of      , in the Barony of         , and County of        , containing a.  r.  p. more or less at the yearly rent of £   under (state particulars of the tenure).

That the contract of tenancy was entered into on the      day of        .

That it is not a letting for temporary depasturage, agistment or conacre, or for temporary convenience, or to meet a temporary necessity.

That the Applicant works the land as an ordinary farm in accordance with proper methods of husbandry.

That he submits that it would be in the interests of the country that the lands should be sold to him under the Land Purchase Acts.

And he hereby applies to the Land Commission for an order declaring that the provisions of the Land Act, 1923 (as amended and extended) relating to tenanted land should apply to the lands.

FORM 114.

APPLICATION FOR A DECLARATION THAT A PARCEL OF UNTENANTED LAND HELD UNDER A FEE FARM GRANT RENEWABLE LEASE OR LEASE FOR A LONG TERM SHOULD VEST IN THE LAND COMMISSION AS TENANTED LAND.

IRISH LAND COMMISSION.

*Omit if not applicable.

LAND ACT, 1931 , SECTION 44 ; LAND ACT, 1933 , SECTION 42 ; AND LAND ACT, 1936 [SECTION 37 (3)]*, SECTION 42 AND SECTION 43.

The application of A.B., of (here state postal address in full and occupation or other description) (hereinafter called the Applicant) sheweth :—

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

2. That he is in bona fide occupation of the said lands (or of the part of the said lands described in the second part of the Schedule hereto) and uses and cultivates them in the same manner as an ordinary farmer in accordance with the proper methods of husbandry ;

or

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

3. That he submits that the parcel (or that part of the parcel set out in the second part of the Schedule hereto (as the case may be)) would not have been excepted from the provisions of subsection (1) of Section 24 of the Land Act, 1923 , had it been tenanted land.

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

Add if appropriate.

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

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

6. That the rent paid for        years and upwards by the applicant in respect of the lands in the second part of the said Schedule is the sum of        £ as therein stated, and that the balance of the said rent of (the full rent) has been paid by        to the best of the knowledge, information and belief of the applicant.

7. That it is expedient that the rent be apportioned and the proposed apportionment set forth in the said Schedule would be just and fair having regard to the quantities and value of the lands and the value of the incorporeal hereditament (if any) and the rights of the parties interested.

Where the rent actually paid by the applicant differs from the rent reserved in the grant or lease, add the following.

8. That the rent actually paid by him in respect of the parcel is the annual sum of £       and the applicant submits that this sum has been paid and received in substitution for the rent reserved in the grant or lease and applies that it be deemed to be the rent of the parcel for the purposes of this application.

Add if appropriate.

9. That the sum of £      was paid by the applicant ('s predecessor) in the year    by way of fine or consideration for the making of the said grant or lease.

Add if appropriate.

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

If a previous application under Section 44 of the Land Act, 1931 , and refused, add the following.

11. That a previous application by the applicant (or by C.D., his predecessor in title) was refused by order dated the       day of         . The grounds for such refusal were (state the grounds for the refusal).

Add if appropriate.

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

13. And the Applicant hereby applies to the Land Commission for a declaration pursuant to subsection (1) of Section 44 of the Land Act, 1931 , as amended by Section 42 of the Land Act, 1933 , and by Sections 37 (3), 42 and 43 of the Land Act, 1936 , that the said parcel shall vest in the Land Commission on the appointed day as if it were tenanted land.

SCHEDULE.

AFFIDAVIT.

I, the said

make oath and say as follows :—

I have read the foregoing application and the Schedule annexed thereto and I have examined the map attached thereto and the same are true and correct in every particular to the best of my knowledge, information and belief.

FORM 115.

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

IRISH LAND COMMISSION.

LAND ACT, 1936 , SECTION 41.

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

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

That he is advised that that part of the holding described in the Second Part of the Schedule is excluded from the provisions of sub-section (1) of Section 24 of the Land Act, 1923 , by reason that (state reasons for exclusion).

That he submits that the provisions of sub-section (1) of Section 24 of the Land Act, 1923 , apply to the part of the holding described in the third part of the Schedule hereto.

Strike out if inappropriate.

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

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

SCHEDULE.

PART I.

PART II.

The separate holding to which sub-section (1) of Section 24 of the Land Act, 1923 , does not apply.

PART III.

The separate holding to which sub-section (1) of Section 24 of the Land Act, 1923 , applies.

FORM 116.

NOTICE OF VESTING.

IRISH LAND COMMISSION.

LAND ACT, 1936 , SECTION 46.

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

(a) To any public right affecting the lands ;

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

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

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

Omit if not applicable.

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

                        refused to

SCHEDULE.

PART I.

The lands purchased by the Land Commission.

SCHEDULE.—continued.

PART II.

The lands offered to be resold to the Vendor.

Omit if not applicable.