Provisional Rules and Forms (Land Act, 1931).

LAND PURCHASE ACTS. 06/05/1931: LAND PURCHASE ACT - PROVISIONAL RULES

CONTENTS.

ORDERS.

APPENDIX.

FORMS.

IRISH LAND COMMISSION.

The Irish Land Commission in exercise of the power in that behalf conferred by section 2 of the Rules Publication Act, 1893, hereby certifies that on account of urgency the Rules set forth in the Schedule hereto should come into immediate operation, and hereby orders that the said Rules shall come into operation forthwith as Provisional Rules and continue in force until Rules shall have been made in accordance with the provisions of the above-mentioned Act.

Dated this 6th day of May, 1931.

SCHEDULE.

IRISH LAND COMMISSION.

PROVISIONAL RULES UNDER THE LAND PURCHASE ACTS.

6th day of May, 1931.

It is this day Ordered by the Irish Land Commission, in pursuance of the powers conferred by sub-section 6 of section 29 of the Purchase of Land (Ireland) Act, 1891, and section 53 of the Land Act, 1931 , and of every other power the said Commission thereunto enabling, and after consultation with the President of the Incorporated Law Society of Ireland, that the following general Rules and Orders shall, from and after this date and until further Order, take effect and be in force in relation to proceedings under and in pursuance of the Land Purchase Acts, as supplemental to the Provisional Rules dated respectively the 5th February, 1924, the 30th April, 1925, the 27th September, 1926, the 24th August, 1927, the 25th June, 1929, the 25th September, 1929, and the 15th July, 1930.

ORDER I.

LISTS OF VESTED HOLDINGS.

SECTIONS 9 AND 10.

Publication of lists and service of copies on owners and tenants.

1. Lists of Vested Holdings shall be published from time to time by the Land Commission in the Iris Oifigiúil. Copies of the lists or of extracts therefrom so far as they affect particular holdings shall be served by the Land Commission through the post on the persons appearing to be the owners and tenants of the holdings described therein in so far as their addresses may be known, or on their respective solicitors.

Notice of proposed amendment of a list by the Land Commission to be served.

2. Notice of a proposal by the Land Commission to amend a List of Vested Holdings, together with notice of the manner in which and the time within which objections may be made to the proposed amendment shall be served by the Land Commission by registered post on the persons appearing to be the owner and tenant of the holding to which the proposed amendment relates, and on such other persons as may appear to the Land Commission to be entitled to such notice, or on their respective solicitors.

Time for lodgment of, form of, and notice of filing of objections to amendments of Lists.

3. Any person objecting to a proposed amendment of a List of Vested Holdings may lodge his objection within one month of the service upon him of the notice of the proposed amendment. The objection should be in writing in Form 72 ; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission, and notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby or their respective solicitors.

Notice of the hearing of an objection.

4. Unless the objection is otherwise disposed of it shall be listed for hearing, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and other persons appearing to be interested or on their respective solicitors.

Appeal to the Judicial Commissioner.

5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an objection to a proposed amendment of a List of Vested Holdings shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 73 and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

Order I. of the Rules of 24th August, 1927, rescinded.

6. Order I of the Provisional Rules dated the 24th August, 1927, is hereby rescinded with respect to any sum added to the purchase money of a holding comprised in a List of Vested Holdings for compounded arrears of rent.

ORDER II.

STANDARD PURCHASE ANNUITIES IN THE CASE OF NON-JUDICIAL HOLDINGS.

Objection by landlord or tenant.

1. The landlord or the tenant of a holding to which section 2 of the Land Act, 1929 , applies, may, except in the cases prescribed for in Rule 2 of this Order, within one month after the publication of the holding in a List of Vested Holdings lodge an objection in the Purchase Branch of the Land Commission to the standard purchase annuity in respect of such holding being fixed in accordance with the said section. The objection should be in writing and should be signed by the person objecting or by his solicitor. Notice of the lodgment of an objection shall be served by the Land Commission personally or by registered post on the person appearing to be the tenant should the landlord be the objector, or on the person appearing to be the landlord should the tenant be the objector, or on the solicitor of such person.

Objection in the case of sub-tenancies.

3. Where the Land Commission have decided, in the case of a holding wholly or partly sublet, to treat the sub-tenant as tenant of the holding, or of the portion of the holding in his occupation, an objection to the standard purchase annuity in respect of any such holding or sub-tenancy to which section 2 of the Land Act, 1929 , applies, may be lodged in the manner prescribed in the foregoing rule within one month after the making of the declaration under section 15 of the Land Act, 1931 . Notice of the lodgment of an objection shall be served by the Land Commission personally or by registered post on the persons appearing to be the tenant and the sub-tenant should the landlord be the objector, or on the persons appearing to be the landlord and sub-tenant or tenant should the tenant or sub-tenant be the objector or on the solicitor of such person.

ORDER III.

VESTING ORDERS.

SECTION 12.

Publication and service of Vesting Orders.

1. The Land Commission shall publish from time to time in the Iris Oifigiúil Vesting Orders of holdings and shall serve personally or by registered post on the persons appearing to be the owner and tenant of each holding so published, or on their respective solicitors, an extract of the order so far as it affects that holding together with notice of the manner in which and the time within which objections may be made to the said Order.

Time for lodgment of, form of, and notice of filing of objections to Vesting Orders.

2. Any person objecting to a Vesting Order may lodge his objection within one month of the service upon him of the extract of the Order. The objection should be in writing in Form 74, and should state the grounds of objection, and should be signed by the objector or his solicitor, and filed in the Purchase Branch of the Land Commission ; notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby, or on their respective solicitors.

Notice of the hearing of an objection.

3. Unless the objection is otherwise disposed of it shall be listed for hearing, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and the other persons appearing to be interested or their respective solicitors.

Appeal to the Judicial Commissioner.

4. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an objection to a Vesting Order shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 75, and within ten days from the date of such service, or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

ORDER IV.

DISMISSAL OF PROCEEDINGS.

SECTION 13.

Service of notice of the intention of the Land Commission to make an order dismissing purchase proceedings.

1. Before making an order pursuant to sub-section (1) of section 13 of the Land Act, 1931 , dismissing the proceedings for purchase in the case of a holding published in a List of Vested Holdings, the Land Commission shall serve, by registered post, on all persons appearing to them to be interested in the said holding or on their respective solicitors, a notice of the intention to make such order unless cause be shown to the contrary within one month.

Application to the Land Commission to show cause against an order being made.

2. Any person desiring to show cause against such an order may within one month from the service of the said notice of the intention to make the same, apply to the Land Commission that the same be not made or be varied, and for that purpose shall file in the Purchase Branch of the Land Commission a notice of his application setting forth the grounds thereof, which notice may be in Form 76.

Notice of hearing of an application to show cause.

3. Not less than ten days' notice of the hearing of an application to show cause against the making of an order dismissing the proceedings for the purchase of a holding shall be served by the Land Commission personally or by registered post on the applicant and all other persons appearing to the Land Commission to be interested in the holding or on their respective solicitors.

Appeal to the Judicial Commissioner.

4. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission dismissing the proceedings for the purchase of a holding shall within fourteen days of the date of the order serve notice of appeal on the other interested parties, which notice may be in Form 77, and within ten days from the date of such service, or of the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

ORDER V.

OMITTED HOLDINGS.

SECTION 14.

Application for the inclusion of a holding in a List of Vested Holdings.

1. An application by a tenant whose holding has not been included in a List of Vested Holdings for an order requiring his landlord to furnish the particulars of the holding shall be in writing in Form 78, 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 person appearing to be the landlord and on all other persons appearing to be interested in the matter or their respective solicitors.

Notice of the hearing of the application.

3. Unless the application is otherwise disposed of it shall be listed for hearing and not less than ten 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 their respective solicitors.

Appeal to the Judicial Commissioner.

4. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an application by a tenant to have his holding included in a List of Vested Holdings shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 79, and within ten days from the date of such service, or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested partiesThe service of this notice may be by registered post.

ORDER VI.

SUB-TENANTS.

SECTION 15.

Notice of intention to make a declaration to be served by the Land Commission.

1. Notice of the intention of the Land Commission to make a declaration pursuant to the provisions of section 15 of the Land Act, 1931 , declaring a sub-tenant on a holding to be the tenant of the portion of such holding in his separate occupation shall be served by registered post on the person appearing to be the owner; on the person appearing to be the tenant of the holding, and on every person appearing to be in occupation of the holding or any part of it as sub-tenants, or on their respective solicitors.

Objection to the making of a declaration.

2. Any person objecting to the making of a declaration under the aforementioned section may lodge his objection within one month after the service of the notice upon him. The objection should be in writing in Form 80, and should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission and notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby or their respective solicitors.

Notice of the hearing of an objection.

3. Unless the objection is otherwise disposed of it shall be listed for hearing and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and the other persons appearing to be interested or their respective solicitors.

Appeal to the Judicial Commissioner.

4. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an objection to a declaration under the said section shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 81 and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be made by registered post.

ORDER VII.

VALIDATION OF SUB-DIVISIONS AND SUB-LETTINGS.

SECTION 16.

Application for an order to validate sub-divisions or sub-lettings.

1. An application by the occupier of a holding or of a portion thereof for an order declaring portion or portions of the holding separately occupied to be separate holdings and the person in such separate occupation to be the tenant thereof shall be in Form 82 ; shall be verified by the affidavit of the applicant and shall be accompanied by a portion of the Ordnance map showing the holding and the separate portions thereof, 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 personally or by registered post on the persons appearing from the application to be interested therein or on their respective solicitors, together with a notice of the manner in which and the time within which objections may be made to the making of the declaration.

Time for lodgment of, form of, and notice of objections to declarations.

3. Any person objecting to the making of a declaration may lodge his objection within one month after the service upon him of the notice of the filing of the application. The objection should be in writing in Form 83 ; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission, and notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby or on their respective solicitors.

Notice of the hearing of the application.

4. Unless the application is otherwise disposed of it shall be listed for hearing and not less than ten 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. On the hearing of the application verified consents of such of the parties concerned as have been obtained shall be produced by the applicant.

Appeal to the Judicial Commissioner.

5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an application for such declaration as aforesaid shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 84, and within ten days from the date of such service, or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

ORDER VIII.

GUARANTEE DEPOSITS.

SECTION 21.

Notification to owner of the amount claimed for guarantee deposits.

1. Before making an application to the Judicial Commissioner to retain a guarantee deposit out of the purchase money of an estate, the Land Commission shall notify the owner or his solicitor of the amount proposed to be applied for this purpose.

A register of guarantee deposits to be kept.

2. A Register shall be kept in the Accountant's office of all guarantee deposits stating the credit of the matter in which they have been retained and the separate credit, if any, of the person or persons entitled to receive the same and the names of the persons entitled to receive the interest on the Land Bonds retained for the guarantee deposit. The Accountant may, on the application of any person entered on the Register as entitled to or interested in a guarantee deposit or by leave of the Judicial Commissioner, on the application of any other person, issue a certificate of the entry on the Register.

Transmission of interest in a guarantee deposit.

3. Any person becoming entitled to or interested in any guarantee deposit may apply ex parte to the Judicial Commissioner for a ruling to have his rights as regards such guarantee deposit entered upon the Register, and the Accountant shall enter a minute of such ruling on the Register.

Certificate of entry on register to be produced on all applications.

4. Upon all applications concerning guarantee deposits standing to the credit of matters the certificate of the entry on the Register of guarantee deposits shall be produced.

Payment of interest on Land Bonds retained for guarantee deposits.

5. Interest on the Land Bonds for the time being retained for guarantee deposits shall be paid each half-year less income tax, to the person or persons entered on the Register as entitled to receive the same.

Applications by the Land Commission for Payment out of guarantee deposits.

6. An application by the Land Commission for payment to them of any moneys payable out of a guarantee deposit shall be made to the Judicial Commissioner by the Solicitor to the Land Commission by motion on notice and shall be supported by a certificate under the seal of the Land Commission stating the amount of the money claimed to be repayable out of the guarantee deposit, and the particulars of the circumstances under which the payments sought to be repaid out of the guarantee deposit were made. Service of the notice may be by registered post and shall be made on the persons entered on the Register as entitled to the guarantee deposit and on such other persons as the Judicial Commissioner may direct.

Application for release of a guarantee deposit.

7. An application for the release of all or any part of a guarantee deposit shall be made to the Judicial Commissioner by motion on notice and shall be served upon the Land Commission and upon all persons entered on the Register as entitled to the guarantee deposit or any part of it.

ORDER IX.

VESTING OF HOLDINGS ON RESALE.

SECTIONS 22 to 29.

Publication of lists and service of copies on tenants.

1. Lists of congested districts holdings and of holdings on untenanted land shall be published from time to time by the Land Commission in the Iris Oifigiúil. Copies of the lists or of extracts therefrom so far as they affect particular holdings shall be served by the Land Commission through the post on the persons appearing to be the tenants of the several holdings described therein in so far as their addresses may be known and on such other persons as may appear to the Land Commission to be entitled to such notice or on their respective solicitors.

Notice of proposed amendment of a list by the Land Commission to be served.

2. Notice of a proposal by the Land Commission to amend a list of congested districts holdings or of holdings on untenanted land, together with notice of the manner in which and the time within which objection may be made to the proposed amendment shall be served by the Land Commission by registered post on the person appearing to be the tenant of the holding to which the proposed amendment relates and on such other person as may appear to the Land Commission to be entitled to such notice or on their respective solicitors.

Time for lodgment of, form of, and notice of filing of objections to amendments of lists.

3. Any person objecting to a proposed amendment of a list of congested districts holdings or of holdings on untenanted land may lodge his objection within one month of the service upon him of notice of the proposed amendment. The objection should be in writing in Form 85 ; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission, and notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby or their respective solicitors.

Notice of the hearing of an objection.

4. Unless the objection is otherwise disposed of it shall be listed for hearing, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and the other persons appearing to be interested or on their respective solicitors.

Appeal to the Judicial Commissioner.

5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an objection to a proposed amendment of a list of congested districts holdings or of holdings of untenanted land shall within fourteen days of the date of the order serve notice of appeal on the other interested parties, which notice may be in Form 86, and within ten days from the date of such service, or of the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

Publication of Vesting Orders and service of copies on tenants.

6. Vesting orders under Part III of the Land Act, 1931 , shall be published in the Iris Oifigiúil ; one or more holdings may be included in the same Vesting Order. Copies of so much of a Vesting Order as relates to any particular holding included in it, together with a notice of the manner in which and the time within which objections may be made thereto shall be served by the Land Commission personally or by registered post on each tenant named in the said order or on his solicitor.

Time for lodgment of, form of, and notice of filing of objections to Vesting Orders.

7. Any person objecting to a Vesting Order may lodge his objection within one month after the service of the copy of the order. The objection should be in writing in Form 87 ; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission, and notice of such filing shall be served by the Land Commission personally or by registered post on such persons other than the objector, as may appear to the Land Commission to be affected thereby or on their respective solicitors.

Notice of the hearing of an objection.

8. Unless the objection is otherwise disposed of it shall be listed for hearing, and not less than ten days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and the other persons appearing to be affected thereby or on their respective solicitors.

Appeal to the Judicial Commissioner.

9. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an objection to a Vesting Order shall within fourteen days of the date of such order serve notice of appeal on the other interested parties, which notice may be in Form 88, and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

ORDER X.

DISTRIBUTION OF SMALL AMOUNTS OF PURCHASE MONEY.

SECTION 35.

Undertaking to apply sums exceeding £30, but not exceeding £100 as capital money.

1. Where section 35 of the Land Act, 1931 , prescribes that an undertaking to apply a sum exceeding £30, but not exceeding £100, as capital money under the Settled Land Acts, 1882 to 1890, is to be given, it shall be in writing under the hand or hands of the person or persons empowered to give such undertaking in Form 89. When there is a vouching affidavit by the person or persons giving the undertaking, the undertaking shall be embodied in the affidavit, and need not be attested.

Total purchase money exceeding one hundred pounds, but not exceeding three hundred pounds.

2. Where the total amount of the purchase money of an estate, the redemption price of a superior interest, or any other fund distributable by the Court exceeds one hundred pounds, but does not exceed three hundred pounds, the claimant or his solicitor shall attend before the Examiner to take directions as to the extent to which the legal requirements in relation to the ascertainment and verification of claims against the purchase money, redemption price or fund may be dispensed with, subject to the approval of the Judicial Commissioner.

ORDER XI.

PAYMENT OF DIVIDENDS ON LAND BONDS PENDING DISTRIBUTION AND REDEMPTION OF SUPERIOR INTERESTS.

SECTION 36.

Application for payment of dividends to be made ex parte.

1. An application to the Judicial Commissioner for an order for payment of the dividends on the Land Bonds representing the purchase money of an estate shall be made by motion ex parte supported by a certificate of the applicant or his solicitor giving particulars of the outgoings to be discharged out of the said dividends and showing up to what date the outgoings which accrued due prior to the appointed day have been discharged.

ORDER XII.

NOTICES OF SALES OF HOLDINGS BY THE LAND COMMISSION.

SECTION 37.

Time and mode of fixing notices of sales by the Land Commission.

1. Notices of the intended sale of a holding by the Land Commission under their Statutory Powers, where the advance for the purchase of the holding did not exceed three hundred pounds shall be effected by posting copies of the notice, not later than ten days before the date of the sale, on three conspicuous places in the neighbourhood of the holding and on the notice board of any barrack of the Gárda Síochána in the vicinity of the holding or on some other conspicuous place on the front of such barrack.

ORDER XIII.

PROVISION OF WATER RIGHTS.

SECTION 38.

Notice to be served by the Land Commission.

1. Before exercising the powers conferred by section 38 of the Land Act, 1931 , of conferring water rights and providing means of access for the purpose of exercising such rights, the Land Commission shall serve, either personally or by registered post, on the person appearing to the Land Commission to be the owner of the land, and on all other persons appearing to the Land Commission to have rights in respect of the water source, a notice, having a map annexed thereto, defining the nature of the water rights to be conferred, the locality where the water source exists and the means of access proposed to be given thereto, and the compensation (if any) proposed to be awarded.

Objection to the proposed order.

2. Such owner, or any such person having rights in the water source, may, within one month of the date of the service of the notice on him, lodge in the Purchase Branch of the Land Commission an objection in writing signed by him, or his solicitor, to the conferring of the proposed water rights, stating fully the grounds of his objection. The Land Commission shall consider any objection that may be lodged, and unless the same be allowed or the proposed rights be varied in agreement with the objector, the objection shall be listed for hearing, and not less than ten days' notice of the hearing shall be served personally or by registered post on the objector and such other persons as may appear to the Land Commission to be interested in the subject-matter of the objection or their respective solicitors.

3. A copy of the order conferring and defining water rights and means of access thereto (if such also be conferred) and fixing the compensation (if any) to be paid to the owner of the water source shall when made be furnished to such owner.

ORDER XIV.

CONFIRMATION OF THE ENJOYMENT OF GRAZING AND TURBARY.

SECTION 40.

Application for a declaration that the enjoyment of grazing or turbary is to be appurtenant to a holding.

1. An application by a tenant of a holding for a declaration that any grazing or turbary enjoyed by him since a date prior to the passing of the Land Act, 1923 , should be a right appurtenant to such holding shall be in Form 90 signed by the applicant or his solicitor, 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 personally or by registered post on the persons appearing from the application to be interested therein or on their respective solicitors, together with a notice of the manner in which and the time within which objections may be made to the making of the declaration.

Time for lodgment of, form of, and notice of filing of objections to the making of a declaration.

3. Any person objecting to the making of a declaration may lodge his objection within one month after the service upon him of the notice of the filing of the application. The objection should be in writing in Form 91 ; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission and notice of such filing shall be served by the Land Commission personally or by registered post on the persons other than the objector appearing to be affected thereby, or their respective solicitors.

Notice of the hearing of the application.

4. Unless the application is otherwise disposed of it shall be listed for hearing, and not less than ten days notice of the hearing shall be served by the Land Commission personally, or by registered post, on the applicant and the other persons appearing to be interested or their respective solicitors. On the hearing of the application verified consents of such of the parties concerned as have been obtained shall be produced by the applicant.

Appeal to the Judicial Commissioner.

5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on an application for such declaration as aforesaid shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 92, and within ten days from the date of such service, or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

*ORDER XV.

FEE FARM GRANTS.

SECTION 44.

Application by owner.

1. An application by the owner of a parcel of untenanted land which is held under a fee farm grant, lease for lives or years renewable for ever, or lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923 , for an order declaring that the parcel shall vest in the Land Commission on the appointed day as if it were tenanted land shall be in Form 93, 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 personally or by registered post on the persons appearing from the application to be interested in the parcel, either as owners of superior interests or otherwise, or on their respective solicitors.

Notice of the hearing of the application.

3. Not less than ten 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.

Objections to Vesting Orders to be dealt with on the hearing of the application.

4. Any objection that might be made by way of objection to a Vesting Order of the parcel under this Act and which could be dealt with on the hearing of this application shall be made at that hearing and not by way of objection to the Vesting Order.

*This Order has been revoked by Order XI, Rule 8, of the Rules of 22nd January, 1934.

Appeal to the Judicial Commissioner.

5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission on the hearing of an application under this Order shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 94, and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

ORDER XVI.

FIXING STANDARD PURCHASE ANNUITIES FOR DETERIORATED HOLDINGS.

SECTION 47.

Application for an order refusing to advance purchase money or reducing the standard purchase annuity for a holding.

1. An application by a tenant claiming that his holding has become permanently deteriorated or substantially reduced in area for an order by the Land Commission refusing to advance the purchase money for the holding, or to reduce the standard purchase annuity for the holding, as the case may be, shall be in writing in Form 95, 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 personally or by registered post on the person appearing to be the landlord and on such other persons as appear from the application to be interested therein or on their respective solicitors, together with a notice of the manner in which and the time within which objections may be made to the making of the order.

Time For lodgment of, form of, and notice of filing of objections to the making of an order.

3. Any person objecting to the making of an order refusing to advance the purchase money or reducing the standard purchase annuity of a holding may lodge his objection within one month after the service upon him of notice of the filing of the application. The objection should be in writing in Form 96 ; it should state the grounds of objection, and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission and notice of such filing shall be served by the Land Commission personally or by registered post on the person or persons other than the objector appearing to be affected thereby or on their respective solicitors.

Notice of the hearing of an application and objections.

4. Unless the application is otherwise disposed of it shall be listed for hearing, and not less than ten 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.

Appeal to the Judicial Commissioner.

5. Any person wishing to appeal to the Judicial Commissioner from an order of the Land Commission made on an application under section 47 of the Land Act, 1931 , or made without any such application, or on any objection to the making of such order, shall within fourteen days of the date of such order serve notice of appeal on the other interested parties which notice may be in Form 97, and within ten days from the date of such service or the last of such services, if more than one, lodge with the Registrar a copy of the notice of appeal endorsed with the time and mode of service on the interested parties. The service of this notice may be by registered post.

ORDER XVII.

PAYMENT OF THE ADDITIONAL SUM.

SECTION 51.

1. Every additional sum which is by the Land Purchase Acts made payable to the Land Commission by a purchaser on the first gale day on which an instalment of purchase annuity or of a sum equivalent to purchase annuity is payable, shall be payable as follows :—

(a) in the case of lands purchased under the Land Act, 1923 , and the Land Acts amending the same, in six equal instalments payable half-yearly, the first on the said gale day, and the remainder on the ensuing gale days ;

(b) in the case of land purchased under Land Acts prior to the Land Act, 1923 , in four equal instalments payable half-yearly, the first on the said gale day, and the remainder on the ensuing gale days.

ORDER XVIII.

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.

Variation of forms.

2. 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.

APPENDIX.

FORMS.

FORM 72.

OBJECTION TO AN AMENDMENT IN A LIST OF VESTED HOLDINGS.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 10.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) objects to the proposed amendment by the Land Commission of the List of Vested Holdings on this estate which was published in the Iris Oifigiúil on the    day of    so far as the holding(s) described in the schedule hereto is/are affected thereby.

2. The interest of the objector in the holding(s) affected by the proposed amendment is (here state the objector's interest, e.g., as owner in fee subject to the tenancy of C.D. or as tenant thereof, or as owner of other lands affected by the proposed amendment).

3. The grounds relied upon by the objector in support of his objection are as follows (here state them fully).

Dated this   day of

Signature of objector or his solicitor.

SCHEDULE.

FORM 73.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 10.

A.B. of         is aggrieved by an order of the Land Commission dated the   day of     amending or allowing the objection of C.D. to a proposed amendment to the List of Vested Holdings in the above estate whereby (here state shortly the effect of the order) and requires the matter to be reheard by the Judicial Commissioner.

Dated this   day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 74.

OBJECTION TO A VESTING ORDER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 12.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) objects to the order of the Land Commission dated the   day of   vesting the holding(s) described in the schedule hereto.

2. The interest of the objector in the holding(s) is (here state the objector's interest, e.g., as owner in fee subject to the tenancy of C.D. or as tenant thereof, or as otherwise claiming an interest therein).

3. The grounds relied upon by the objector in support of his objection are as follows (here state them fully).

Dated this   day of

Signature of objector or his solicitor.

SCHEDULE.

FORM 75.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 12.

A.B. of             is aggrieved by an order of the Land Commission dated the   day of    whereby the objection filed by (him, or state the name of the objector) to a Vesting Order made by the Land Commission pursuant to section 12 of the Land Act, 1931 , was allowed, or, disallowed, and requires the said objection to be reheard by the Judicial Commissioner.

Dated this    day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 76

APPLICATION TO THE LAND COMMISSION THAT AN ORDER DISMISSING PURCHASE PROCEEDINGS IN RESPECT OF A VESTED HOLDING BE NOT MADE.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 13.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the Applicant) applies to the Land Commission that an order dismissing the proceedings for the purchase of the holding described in the Schedule hereto, in the terms of the notice of intention dated the    day of     , be not made.

2. The interest of the applicant in the holding is (here state the applicant's interest, e.g., as tenant of the holding or otherwise as claiming an interest therein).

3. The grounds relied on by the applicant in support of his application are as follows (here state them fully).

Dated this   day of

Signature of applicant or his solicitor.

SCHEDULE.

FORM 77.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT 1931 , SECTION 13.

A. B. of              is aggrieved by the order of the Land Commission dated the     day of        dismissing the proceedings in connection with the holding described in the notice of intention to dismiss the same dated the     day of     notwithstanding his application showing cause against the making of such order and requires the matter to be reheard by the Judicial Commissioner.

Dated this    day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 78.

APPLICATION BY A TENANT FOR THE INCLUSION OF

HIS HOLDING IN A LIST OF VESTED HOLDINGS.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 14.

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

That he is the tenant to the above-named owner of 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 tenure, e.g., lease of    or yearly letting or otherwise as the case may be).

That particulars of the said holding have not been furnished to the Land Commission by the said owner in accordance with sub-section (1) of section 40 of the Land Act, 1923 , and the said holding has not been included in any list of Vested Holdings on the estate of the said owner.

That he submits that he is a tenant of a holding to which section 24 of the Land Act, 1923 , applies, and hereby applies to the Land Commission for an order requiring the said owner to furnish the particulars of the holding to the Land Commission in accordance with the said sub-section.

Dated this  day of

Signature of applicant or his solicitor.

FORM 79.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 14.

A. B. of           is aggrieved by the decision of the Land Commission dated the   day of      refusing, or, granting the application of        for an order requiring the above named owner to furnish the particulars of the holding of the said (the applicant) and requires the matter to be reheard by the Judicial Commissioner.

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 80.

OBJECTION TO A SUB-TENANCY DECLARATION.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 15.

1. A.B. of (state postal address in full and occupation or other description) (hereinafter called the objector) object to the making of a declaration by the Land Commission in the terms of the notice of intention to make such declaration dated the   day of     whereby it is proposed to declare that the sub-tenant(s) named in the second schedule hereto is/are to be deemed tenant(s) of the (several) portion(s) of the holding described in the first schedule hereto as set out in the said second schedule opposite to his/their name(s) and that the said portion(s) of the said holding are to be deemed to be separate holding(s) subject to the purchase annuities set out in the said schedule.

2. The interest of the objector in the holding is (here state the objector's interest, e.g., as owner or tenant or sub-tenant or otherwise as claiming an interest therein).

3. The grounds relied on by the objector in support of his objection are (here state them fully).

Dated this    day of

Signature of objector or his solicitor.

FIRST SCHEDULE.

SECOND SCHEDULE.

FORM 81.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 15.

A. B. of             is aggrieved by an order of the Land Commission dated the   day of     allowing, or, disallowing, the objection of      to the making of a declaration that the sub-tenant (s), viz :—

and

on the holding of           on the above estate is/are to be deemed tenant(s) of portion(s) of the said holding and that the said portion(s) of the said holding is/are to be deemed separate holding(s) subject to the purchase annuities therein named, and requires the matter to be reheard by the Judicial Commissioner.

Signature of the appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 82.

APPLICATION FOR THE VALIDATION OF A SUB-DIVISION OR A SUB-LETTING.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 16.

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

That the holding of C. D. described in the first schedule hereto is one to which the Land Act, 1923 , applies, and is included in the proceedings for sale under the Land Purchase Acts in the above matter.

That applicant is in separate occupation of the part of the said holding described in the second schedule hereto and shown on the map annexed at the rent and on the tenure therein stated.

That the applicant and his predecessors in title have been in such separate occupation since the   day of    under and by virtue of an indenture dated the   day of      and made between

           whereby (here state shortly the effect of the deed, e.g., whether it purported to create a sub-tenancy or to divide the holding).

That it is claimed that the holding was sub-let (or sub-divided, as the case may be) in breach of a statutory condition of the tenancy of the said C. D. (or otherwise, as the case may be).

That (here state any other circumstances relevant to the application).

That the owner and/or the said C. D. consent (or do not consent) to the granting of the application (and the applicant begs to refer to the verified consents of the said owner and of the said C. D. and of

annexed hereto),

and the applicant hereby applies to the Land Commission for a declaration pursuant to section 16 of the Land Act, 1931 , that the holding described in the second schedule hereto is a separate holding and that the applicant is the tenant thereof (and that the residue of the holding described in the first schedule hereto is a separate holding and the said C. D. is the tenant thereof).

Dated this   day of

Signature of the applicant or his solicitor,

FIRST SCHEDULE.

SECOND SCHEDULE.

AFFIDAVIT.

I, the said A.B., make oath and say as follows :

I have read the foregoing application and the schedules (and verified consents) annexed thereto and I have examined the map attached hereto, and the same are true and correct in every particular to the best of my knowledge, information and belief,

Sworn, etc.

FORM 83.

OBJECTION TO THE MAKING OF A DECLARATION VALIDATING A SUB-DIVISION OR A SUB-LETTING.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 16.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) object to the making of a declaration by the Land Commission in the terms of the application of

dated the    day of     that the sub-letting (or sub-division, as the case may be) set forth therein should be deemed to be lawful and valid.

2. The interest of the objector is (here state the objector's interest, e.g., as owner, or tenant, or sub-tenant, or otherwise as claiming an interest therein).

3. The grounds relied on by the objector in support of his objection are (here state them fully).

Dated this   day of

Signature of objector or his solicitor,

FORM 84.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 16.

A. B. of                        is

aggrieved by an order of the Land Commission dated the    day of       declaring, or, refusing to declare the sub-letting, or, sub-division set forth in the application of     dated the    day of      to be lawful and valid and requires the matter to be reheard by the Judicial Commissioner.

Dated this  day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 85.

OBJECTION TO AN AMENDMENT IN A LIST OF CONGESTED DISTRICTS HOLDINGS AND OF HOLDINGS ON UNTENANTED LAND.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 25.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) objects to the proposed amendment by the Land Commission of the list of holdings on this estate which was published in the Iris Oifigiúil on the    day of    so far as the holding(s) described in the Schedule hereto is/are affected thereby.

2. The interest of the objector in the holding(s) affected by the proposed amendment is (here state the objector's interest, e.g., as tenant thereof, or as owner of other lands affected by the proposed amendment).

3. The grounds relied upon by the objector in support of his objection are as follows (here state them fully).

Dated this    day of

Signature of objector or his solicitor.

SCHEDULE.

FORM 86.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT 1931 , SECTION 25.

A. B. of           is aggrieved by an order of the Land Commission dated the   day of      amending, or, allowing the objection of C. D. to a proposed amendment of the list of holdings in the above estate published in the Iris Oifigiúil on the   day of     whereby (here state shortly the effect of the order) and requires the matter to be reheard by the Judicial Commissioner.

Dated this    day of

Signature of appellant or his solicitor,

To the Registrar of the Irish Land Commission.

FORM 87.

OBJECTION TO A VESTING ORDER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 28.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) objects to the order of the Land Commission published in the Iris Oifigiúil on the    day of      , vesting the holding(s) described in the Schedule hereto.

2. The interest of the objector in the holding(s) is (here state the objector's interest, e.g., as tenant thereof, or otherwise claiming an interest therein).

3. The grounds relied upon by the objector in support of his objection are as follows (here state them fully).

Dated this     day of

Signature of objector or his solicitor.

SCHEDULE.

FORM 88.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 28.

A. B. of              is aggrieved by the decision of the Land Commission dated the    day of     whereby the objection filed by (him, or state the name of the objector) to a Vesting Order made by the Land Commission pursuant to section 28 of the Land Act, 1931 , and published in the Iris Oifigiúil on the   day of     was allowed, or, disallowed      and requires the said objection to be reheard by the Judicial Commissioner.

Dated this    day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 89.

UNDERTAKING TO APPLY PURCHASE MONEY AS IF IT WERE CAPITAL MONEY UNDER THE SETTLED LAND ACTS, 1882 TO 1890.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 35.

I, A.B. of            the person now (or lately) in receipt of the income of (here describe the estate or the superior interest or the resumed holding or otherwise, as the case may be) hereby undertake in case the Land Commission shall pay me the purchase money (or redemption price or resumption price or otherwise, as the case may be) thereof

or

We, C. D. of                  and E. F.

of          the trustees (here state the capacity in which they are trustees, and whether appointed or approved by the Land Commission) hereby undertake in case the Land Commission shall pay us the purchase money (or redemption price or resumption price or otherwise, as the case may be) of (here describe the estate or the superior interest or resumed holding or otherwise, as the case may be) to apply such purchase money (redemption price, resumption price or otherwise, as the case may be) as if it were capital money arising under the Settled Land Acts, 1882 to 1890.

Dated this   day of

Signed in the presence of :

FORM 90.

APPLICATION FOR A DECLARATION CONFIRMING THE ENJOYMENT OF GRAZING OR TURBARY.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 40.

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

That the applicant is tenant of the holding described in the first schedule hereto, which is one to which the Land Act 1923 , applies.

That the tenant and his predecessors in title openly enjoy and have so openly enjoyed from the year    grazing and/or turbary on the lands of his landlord described in the second schedule hereto without lawful interruption or objection made.

That the particulars of such grazing and/or turbary are as follows (state shortly the nature of the enjoyment claimed).

That the landlord consents (or does not consent) to the granting of the application (and the applicant begs to refer to the verified consent of the said landlord annexed hereto), and the applicant hereby applies to the Land Commission for a declaration pursuant to section 40 of the Land Act, 1931 , that the enjoyment of such grazing and/or turbary is a right appurtenant to the said holding :

Dated this    day of

Signature of the applicant or his solicitor.

FIRST SCHEDULE.

SECOND SCHEDULE.

FORM 91.

OBJECTION TO THE MAKING OF A DECLARATION CONFIRMING THE ENJOYMENT OF GRAZING OR TURBARY.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 40.

1. I, A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) object to the making of a declaration by the Land Commission in the terms of the application of        dated the   day of    that the enjoyment of       grazing and/or turbary referred to therein be appurtenant to the applicant's holding.

2. The interest of the objector is (here state the objector's interest, e.g., as landlord or otherwise as claiming an interest in the lands on which grazing and/or turbary are/is claimed).

3. The grounds relied on by the objector in support of his objection are (here state them fully).

Dated this    day of

Signature of objector or his solicitor.

FORM 92.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 40.

A. B. of             is aggrieved by an order of the Land Commission dated the   day of        made on the hearing of the application of                  and of an objection thereto by                  whereby the Land Commission declared, or, refused to declare the enjoyment of the rights described therein to be appurtenant to the holding therein described and requires the matter to be reheard by the Judicial Commissioner.

Dated this    day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 93.

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.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 44.

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

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.

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.

That the remainder of the said lands are in the occupation of (the tenants, of the applicant or otherwise, as the case may be). (Where the applicant is co-owner of the lands add the following)

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 the said     to the best of the knowledge information and belief of the applicant.

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 right of the parties interested.

And the applicant submits that the rent payable by him (as so apportioned) in respect of the parcel equals or exceeds what would have been a fair rent if the said parcel has been a holding subject to a third term judicial rent on the 9th day of August, 1923.

And the applicant hereby applies to the Land Commission for a declaration pursuant to sub-section (1) of section 44 of the Land Act, 1931 , that the said parcel shall vest in the Land Commission on the appointed day as if it were tenanted land.

Dated this   day of

Signature of applicant or his solicitor.

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.

Sworn, etc.

FORM 94.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 44.

A B. of                is aggrieved by an order of the Land Commission dated the    day of     declaring, or, refusing to declare, that the parcel of untenanted land being part of the lands of       situate in the Barony of       and County of     and containing a. r.p. should vest in the Land Commission on the appointed day as tenanted land and/or apportioning, or, exclusively charging the rent reserved by the fee farm grant, or lease, dated the    day of      under which the said parcel or, the parcel of untenanted land being part of the lands of     situate in the Barony of      and County of    and containing  a. r. p. is held with other land and requires the matter to be reheard by the Judicial Commissioner.

Dated this   day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 95.

APPLICATION FOR THE ALTERATION OR REDUCTION OF THE STANDARD PURCHASE ANNUITY OF A HOLDING DETERIORATED OWING TO THE NEGLECT OF THE LANDLORD TO REPAIR DRAINS, ETC.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 47.

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

That the holding described in the Schedule hereto is one to which the Land Acts, 1923 to 1931, apply, or, was included in a List of Vested Holdings published the  day of  under the provisions of the Land Act, 1931 , or, was vested in the applicant by Vesting Order under the Land Act, 1931 , dated the   day of      (as the case may be).

That the applicant is, or, was prior to the     day of      the appointed day, in occupation of the holding as tenant to the said owner from year to year, or, under a lease, or, judicial order, or, agreement (here set, out particulars of lease, order or agreement).

That there is (here give short, particulars of the watercourse, drain, embankment or other work which has been neglected) on the holding and the applicant submits that the landlord was liable under the terms of the contract of tenancy above referred to, or, otherwise, or, was liable in conjunction with (state the persons, if known, or, if not known, state so) to cleanse, or, maintain the said (work), or, to contribute with the said

                (or said other persons, if the names are not known) towards the cleansing, or, maintenance of the said (work).

That the landlord has neglected to (state shortly the particulars of the neglect complained of) and that by reason of such neglect the said holding has become permanently deteriorated, or, substantially reduced in area. The particulars of such deterioration, or, reduction in area, are as follows (here state shortly the said particulars).

That the applicant further submits that by reason of such deterioration, or, reduction in area, the holding is no longer security for the standard purchase annuity to which it would become, or, is liable, as set out in the schedule hereto.

That the landlord consents, or, does not consent, to the granting of this application and (if consent obtained) the applicant begs to refer to the verified consent of the said landlord annexed hereto                     and the applicant hereby applies to the Land Commission for an order pursuant to section 47 of the Land Act, 1931 , refusing to advance the purchase money, or, reducing the standard purchase annuity, of the said holding and that the Land Commission do thereby fix the standard purchase annuity of the holding in manner provided under the said section.

Dated this   day of

Signature of the applicant or his solicitor.

SCHEDULE.

FORM 96.

OBJECTION TO THE MAKING OF AN ORDER REFUSING TO ADVANCE PUCHASE MONEY OR REDUCING THE STANDARD PURCHASE ANNUITY.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 47.

1. A. B. of (state postal address in full and occupation or other description) (hereinafter called the objector) objects to the making of an order by the Land Commission in the terms of the application of

dated the    day of        refusing to advance the purchase money, or, reducing the standard purchase annuity, of the holding of the applicant.

2. The interest of the objector is (here state the objector's interest, e.g., as landlord or otherwise as claiming an interest in the holding or the purchase money).

3. The grounds relied on by the objector in support of his objection are (here state them fully).

Dated this    day of

Signature of objector or his solicitor.

FORM 97.

NOTICE OF APPEAL TO THE JUDICIAL COMMISSIONER.

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1931 , SECTION 47.

A. B. of                  is aggrieved by the decision of the Land Commission dated the   day of      granting, or, refusing the application of

              for an order that the Land Commission should refuse to advance the purchase money, or, reduce the standard purchase annuity, of the holding of the applicant, and requires the matter to be reheard by the Judicial Commissioner.

Dated this   day of

Signature of appellant or his solicitor.

To the Registrar of the Irish Land Commission.