S.I. No. 341/1939 - Land Purchase Acts Rules, 1939.

STATUTORY RULES AND ORDERS. 1939. No. 341.

LAND PURCHASE ACTS RULES, 1939.

IRISH LAND COMMISSION.

LAND PURCHASE ACTS, 1923 TO 1939.

RULES AND ORDERS UNDER THE LAND ACT, 1933 .

22ND DAY OF NOVEMBER, 1939.

It is this day ordered by the Minister for Lands in pursuance of the power 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.

T. Ó DEIRG,

Minister for Lands.

We hereby concur in the making of the following rules :—

CONTENTS.

ORDERS.

APPENDIX—FORMS.

ORDER I. INTERPRETATION.

Definition.

1. In these Rules and Orders, unless the context otherwise requires, " The Act " means the Land Act, 1939 (No. 26 of 1939).

Interpretation.

2. The Interpretation Act, 1937 (No. 38 of 1937), 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 1939.

Saving of existing Rules.

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

ORDER II. GUARANTEE DEPOSITS.

Section 10.

Application for payment of dividends on land bonds retained for guarantee deposits.

1. An application to the Judicial Commissioner by a person claiming to be entitled to the dividends on land bonds retained as a guarantee deposit for payment of the said dividends shall be made by motion on notice, and shall be supported by an affidavit giving particulars of the circumstances which the applicant relies upon to substantiate his claim. Service of the notice may be by registered post and shall be made upon the Land Commission and on the persons entered upon the Register as entitled to or interested in the guarantee deposit, and on such other persons as the Judicial Commissioner may direct.

Rule 5 of Order VIII of the Provisional Rules of the 6th of May, 1931, is hereby revoked.

Applications by the Land Commission for the rescission or variation of an order for the payment of dividends on land bonds retained for guarantee deposit.

2. An application by the Land Commission to the Judicial Commissioner to rescind or vary an order made under Rule 1 of this Order for payment of the dividends on land bonds retained as a guarantee deposit and to direct that the dividends be retained with the land bonds shall be made by the solicitor to the Land Commission by motion on notice. Service of the notice may be by registered post and shall be made upon the person to whom the dividends are being paid under an order of the Judicial Commissioner.

Provided, however, that such application may be made ex parte by the Land Commission on the consent of the person to whom the dividends are being paid under any such order.

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

3. An application by the Land Commission to the Judicial Commissioner for payment to them of any moneys payable out of a guarantee deposit shall be made ex parte by the solicitor to the Land Commission 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 circumstances under which such claim arises.

Provided, however, that where the Judicial Commissioner so directs such application shall be made by motion on notice. Service of the notice may be by registered post and shall be made on the solicitor on record in the matter in which the guarantee deposit had been retained or on such other persons as the Judicial Commissioner may direct.

Rule 6 of Order VIII of the Provisional Rules of 6th May, 1931, is hereby revoked.

Service of notice of the making of an order for payment out of guarantee deposits.

4. When an order has been made by the Judicial Commissioner for payment of any money out or a guarantee deposit notice of the making of the order shall be served by the Land Commission by registered post upon the persons entered on the Register as entitled to the guarantee deposit and, where such persons are represented by solicitors on record, on such solicitors.

ORDER III. AMENDMENTS OF LISTS OF VESTED HOLDINGS.

Section 18.

1. Rules 2 and 3 of Order I of the Provisional Rules of 6th May, 1931, are revoked as regards the amendments made in lists of vested holdings prescribed for in section 18 of the Act, and in lieu of Rule 3 of the said Order, Rules 2 and 3 of Order III of the same Rules shall apply to objections to such amendments.

ORDER IV. PARTITION OF HOLDINGS HELD IN COMMONAGE.

Section 24.

Application for subdivision.

1. An application by one or more of the owners in common of a holding to the Land Commission for a compulsory subdivision of the holding shall be in Form 117—shall be signed by the applicant or his solicitor and shall be accompanied by a map showing the proposed subdivision. The form shall contain the names and addresses of all the co-owners of the holding and shall state the circumstances under which the consent of the co-owners other than the applicant to the subdivision of the holding has not been obtained. The application shall be filed in the Land Commission.

Land Commission to serve notice of filing of an application.

2. When the application has been filed the Land Commission shall serve notice of such filing personally or by registered post on all the co-owners of the holding or on their respective solicitors.

Land Commission to prepare a map.

3. When the Land Commission has prepared a scheme for the subdivision of the holding, a map of the proposed scheme 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.

Land Commission to serve notice of the scheme.

4. The notice by the Land Commission giving particulars of the scheme for the subdivision of the holding and stating the manner in which and the time within which objections thereto may be lodged, shall be served personally or by registered post on all the co-owners of the holding or on their respective solicitors.

Time for lodgment and form of objection.

5. Any person objecting to the scheme for the subdivision of a holding may lodge his objection within one month of the service upon him of the notice of the proposed scheme. The objection should be in writing in Form 118. It should state the grounds of objection and should be signed by the objector or his solicitor and filed in 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.

6. If any objections are lodged 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 objectors, on the applicant and on the other persons appearing to be interested in the application or in the objections, or on their respective solicitors.

ORDER V. PAYMENT OF ARREARS OF INSTALMENTS OF LOANS MADE BY THE CONGESTED DISTRICTS BOARD.

Section 25.

1. The arrears of instalments of loans to which this section applies, found to be due under and made payable by this section shall be payable to the Land Commission in six equal instalments, payable half-yearly, the first of such instalments on the gale day next after the 8th day of August, 1939, and the remainder on the ensuing gale days.

ORDER VI. FUNDING OF ARREARS AND REVISION OF RENTS PAYABLE TO THE CHURCH TEMPORALITIES FUND.

Sections 26, 27 and 28.

1. An application by the owner of land subject to an annual payment to the Church Temporalities Fund as defined in sub-section (10) of section 18 of the Land Act, 1933 , and extended by section 28 of the Act for an order declaring the amount of the arrears of such payment to be payable by means of a funding annuity and/or revising the annual payment shall be in Form 119, shall be verified by the applicant and shall be filed in the Secretariat (Church Property) Branch of the Land Commission.

ORDER VII. EXCHANGE OF PORTIONS OF HOLDINGS.

Section 33.

Notice to be served by the Land Commission.

1. Before making an order ratifying the exchange of portions of adjoining holdings under section 33 of the Act, unless the owners and tenants of the holdings concerned are consenting parties, the Land Commission shall serve a notice having a map annexed thereto showing the proposed exchange, and stating the manner in which and the time within which objections thereto may be made. The notice shall be served personally or by registered post on the persons appearing to the Land Commission to be interested in the exchange, or on their respective solicitors.

Time for lodgment and form of objection.

2. Any person objecting to the proposed exchange of portions of holdings may lodge his objection within one month of the service upon him of the notice of the proposal of the Land Commission to ratify the exchange. The objection should be in writing in Form 120; 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 hearing of an objection.

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 personally or by registered post on the objector and the other persons appearing to be interested or on their respective solicitors.

ORDER VIII. TRANSFER OF CHARGES ON EXCHANGE OR REARRANGEMENT OF HOLDINGS OR PARCELS.

Section 35.

1. An application to the Judicial Commissioner for the determination of any question as to the value of the subject of a charge, the value of a new or rearranged holding, the security for a charge or portion of a charge proposed to be transferred by order under section 35 of the Act, the apportionment of any charge, or the amount which should be redeemed of any charge shall be made on notice to all persons who would be affected thereby and such notice shall state specifically the question on which the determination is sought.

ORDER IX. SUBTENANCIES ON PURCHASED HOLDINGS.

Section 38.

Application by a subtenant on a purchased holding.

1. An application by a subtenant of a tenant on land to which section 10 of the Land Act, 1927 , as extended by section 38 of the Act applies to have his subtenancy brought within the provisions of the Land Act, 1923 , by virtue of which land is vested in the Land Commission as tenanted land shall be in writing in Form 121 and shall be filed in the Purchase Branch of the Land Commission.

Notice of the 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 persons appearing to be the immediate landlord and the superior landlord 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 or their respective solicitors.

ORDER X. RESUMPTION OF HOLDINGS.

Section 39.

Service of notice of intention to resume.

1. Notice of the intention of the Land Commission to apply for leave to resume a holding or part of a holding shall be published in Iris Oifigiúil and a copy of the said notice shall be served by registered post on the person appearing to be in occupation as tenant of the holding. The notice shall state the manner in which and the time within which such person as aforesaid may present a petition to the Land Commission that the holding, or the part thereof be not resumed without further inquiry, and shall also indicate the appropriate Branch of the Land Commission in which such petition shall be filed.

Petition against resumption.

2. Any such tenant desiring to present a petition to the Land Commission praying that the holding or part thereof (as the case may be) be not resumed without further inquiry may, within one month from the date of the publication of the notice in Iris Oifigiúil or of the date of the service of such notice on him whichever shall be the later, file his petition in the appropriate Branch of the Land Commission as indicated in the said notice. The petition may be in Form 122 and shall set out the petitioner's grounds for asking that the holding be not resumed without further inquiry.

Hearing of petition.

3. Unless the petition 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 personally or by registered post on the petitioner or his solicitor.

Requisition for an alternative holding to be lodged.

4. A requisition by such tenant to have the whole of his holding resumed (where part only had been resumed) and to have any other land held or belonging to him in the neighbourhood of such holding acquired and to be provided with a new holding shall be in writing signed by the tenant or by his solicitor. It should be in Form 123 and shall be filed in the appropriate Branch of the Land Commission as indicated in the foregoing rules of this Order within one month of the date of the Order of the Appeal Tribunal authorising the resumption of the holding or the part thereof.

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 such tenant is entitled to have the foregoing requisition granted, the requisition shall, if the tenant so requires 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 on his solicitor.

Revocation of previous rules.

6. Order VII of the Rules under section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, and Form 103 are hereby revoked.

ORDER XI. EXTINGUISHMENT OF EASEMENTS, RIGHTS AND TENANCIES.

Section 41.

Notice of intention to make an order to be published and served.

1. Before exercising the powers conferred by section 41 of the Act of extinguishing any easement, grazing, turbary, or other right or tenancy, the Land Commission shall publish in Iris Oifigiúil a notice of intention to make an order extinguishing such easement, right or tenancy. A copy of such notice together with a notice of the manner in which and the time within which objections to the making of such order may be made shall be served personally or by registered post on all persons appearing to be concerned in the matter.

Time for objection.

2. Any person claiming to be entitled to any such easement or right or to any such tenancy, 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 Iris Oifigiúil, whichever date be later, file in the Acquisition and Resales Branch of the Land Commission an objection in writing which may be in Form 124. The objection should state fully the grounds of objection and should be signed by the objector or by his solicitor.

Hearing of objections.

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

ORDER XII. FEE, FARM GRANTS, CONVEYANCES SUBJECT TO PERPETUAL RENT CHARGES AND LONG LEASES.

Section 47.

Form of application

1. An application by the owner of a parcel of land under section 44 of the Land Act, 1931 , as amended by subsequent Acts and by the Act shall be in Form 125 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, ifapportionment 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.

Revocation and application of Rules.

2. Rule 1 of Order XI of the Land Purchase Acts Rules dated the 9th day of December, 1936, and Form 114 are hereby revoked. Rules 2, 3, 4 and 5 of the same Order shall be considered as referring to an application made under this Order.

ORDER XIII. APPLICATIONS BY SUBTENANTS TO HAVE PARTICULARS FURNISHED.

Section 53.

Application for an Order for furnishing particulars.

1. An application by a subtenant who claims to be entitled to a declaration deeming him to be the tenant of the holding, or the part thereof of which he is in occupation, to the Land Commission for an Order requiring the landlord or the tenant of the holding to furnish the particulars of the holding and of the subtenancies thereon in accordance with the provisions of sub-section (1) of section 40 of the Land Act, 1923 , shall be in writing in Form 126 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 persons appearing to be the landlord and tenant of the holding and on all other persons appearing 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 or their respective solicitors.

ORDER XIV. APPOINTMENT OF LIMITED ADMINISTRATORS AND NOMINATION OF REPRESENTATIVES.

Section 54.

Application of 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 of Limited Administrators in all proceedings under the Land Purchase Acts and for the nomination of persons to represent an absent person or persons under disability in any such proceedings, with the modification that the appropriate Branch of the Land Commission shall be substituted for the Registrar's Office in Rule 1.

ORDER XV. WATERCOURSES AND DRAINS.

Section 55.

Notice to be served by the Land Commission.

1. Before exercising the powers conferred by section 55 of the Act of making watercourses and drains, unless the owner of the land on which the watercourses or drains are to be made is a consenting party, the Land Commission shall serve personally or by registered post upon the person appearing to be the owner a notice having a map annexed thereto of the watercourse or drains proposed to be made.

Objection to the proposed Order.

2. Such owner may within one month of the date of the service of the notice on him lodge in the Land Commission an objection in writing which may be in Form 127, signed by him, or his solicitor, 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 plans be varied in agreement with the objector, 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 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 on their respective solicitors.

ORDER XVI. PROVISION OF WATER RIGHTS.

Section 56.

Application of Rules.

1. Order XIII of the Provisional Rules under the Land Purchase Acts, dated the 6th day of May, 1931, shall apply to the extended power of conferring Water Rights given by section 56 of the Act.

ORDER XVII. FIXATION OF SAND.

Section 57.

Publication and Service of Notice.

1. Copies of the notice published in Iris Oifigiúil of the intention of the Land Commission to exercise the powers given by section 57 of the Act for the purposes of sand fixation shall be published in a newspaper circulating in the district in which the lands are situated, and shall be served personally or by registered post on the personsappearing to be the owners of the lands and such other persons as the Land Commission may consider to be interested in the matter, or on their respective solicitors.

Map to be filed.

2. The Land Commission shall prepare a map showing the lands proposed to be acquired and the rights of way, roads, bridges or waterways proposed to be closed, diverted or interfered with. 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.

Time for objections.

3. Any person objecting to the proposals contained in the notice may within one month of the service on him of the said notice or of the publication thereof in the Iris Oifigiúil or in the newspaper, whichever be the later date, lodge in the Land Commission an objection in writing which may be in Form 128. The objection shall state fully the grounds of objection, and should be signed by the objector or his solicitor.

Hearing of objections.

4. The Lay Commissioners (other than the members of the Appeal Tribunal) shall consider all objections that may be lodged, and unless the same are otherwise disposed of shall list them for hearing. Not less than fourteen days' notice of the hearing of an objection shall be served personally or by registered post on the objector and on such other persons as may appear to the Land Commission to be interested in the matter or on their respective solicitors.

Notice of compensation.

5. Unless the price or compensation to be paid by the Land Commission in respect of the exercise of the foregoing powers is agreed upon, notice of the fixing of the price shall be served personally or by registered post on such persons as may be found by the said Lay Commissioners to be entitled thereto or on their respective solicitors.

ORDER XVIII. PROHIBITION OF THE REMOVAL OF THE SURFACE OF LAND.

Section 58.

Publication and service of Notice.

1. Notice of the intention of the Land Commission to make an order prohibiting the removal of the surface of any land shall be given by posting a copy of the notice on some conspicuous place on the lands and by serving a copy of the notice personally or by registered post on the persons appearing to the Land Commission to be affected by the proposed order either as owners of the lands or otherwise, or on their respective solicitors.

Form of Notice.

2. The notice shall be in Form 129.

ORDER XIX. CERTIFIED COPIES OF DOCUMENTS.

Copies of certain documents not to issue without leave.

1. Certified copies of Abstracts of Title or documents connected therewith, agreements for sale between vendor and purchaser, undertakings to purchase from the Land Commission, conveyances to purchasers, vesting orders and fiats, shall not be issued without leave of the Judicial Commissioner or the direction of the Examiner, except to vendors or purchasers their successors in title or their respective solicitors.

Former Rule rescinded.

2. Rule 2 of Order XLV of the Provisional Rules issued by the Irish Land Commission on the 5th day of February, 1924, is hereby rescinded.

ORDER XX. TIME AND FORMS.

Power to enlarge or abridge time.

1. The Judicial Commissioner, or the Lay Commissioners 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, on 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.

FORMS 117.

APPLICATION FOR PARTITION OF A HOLDING BY A CO-OWNER.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 24.

Folio No. County (if the holding is vested). 

Register No. Estate of 

The application of the above named (hereinafter called the applicant (s)) sheweth :—

1. That the above named owners are the owners in common of the lands set out in the first schedule hereto which have been purchased (or are subject to a purchase agreement) under the Land Purchase Acts, and which are shown outlined in red on the map annexed to this application.

2. That the said lands are held by the owners in the following undivided shares (set out the shares and the respective owners) subject to the revised annuity (or annual sum) set out in the first schedule hereto.

3. That the revised annuity (or revised annual sum) has heretofore been paid by the co-owners in the following shares, that is to say :—

4. That it is desired by the applicant(s) that the holding be partitioned for the following reasons (the reasons should be stated fully).

5. That the consent of the co-owners other than the applicant(s) to the partition of the holding has not been obtained under the following circumstances (state the circumstances—e.g., absence, unwillingness, incapacity or otherwise).

6. That the lands are (not) subject to a Tithe-Rent charge (if subject, give particulars).

7. That the proposed partition of the holding is set out in the second schedule hereto and is shown in the annexed map thereon marked by the letters set out in the said second schedule opposite to the names of each of the co-owners.

8. That the applicants submit that the revised annuity (or annual sum) be apportioned in the manner set forth in the said second schedule.

9. That the applicant(s) is (are) the proprietor(s) (or purchasing tenant(s)) of other lands that is to say (give full particulars) and is (are) willing that the (respective) share(s) of the holding where partitioned should be consolidated with those lands.

and the applicant(s) pray(s) that the Land Commission should prepare a scheme for the compulsory partition of the holding and the apportionment of the revised annuity (or annual sum).

FIRST SCHEDULE

DESCRIPTION OF THE HOLDING.

SECOND SCHEDULE.

PROPOSED PARTITION.

Dated the     day of

Signature(s)               (of the owner(s) or their respective solicitors).

FORM 118.

OBJECTION TO A SCHEME FOR PARTITION OF A HOLDING.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 24.

1. I     A.      B., of

 (hereinafter called the objector)

  claiming to be interested in the above holding as (co-owner—or otherwise state objector's interest) hereby object to the proposed scheme for the partition of the said holding.

2. The grounds relied on by the objector in support of this objection are (here state the grounds fully).

Dated this    day of 

Signature (of the objector or of his solicitor).

FORM 119.

APPLICATION FOR AN ORDER FUNDING ARREARS AND REVISING AN ANNUAL PAYMENT TO THE CHURCH TEMPORALITIES FUND.

IRISH LAND COMMISSION.

LAND ACT, 1933 —SECTION 18, AND

LAND ACT, 1939 —SECTIONS 26, 27 AND 28.

County ............................................................ ..................................................

Benefice ............................................................ ...............................................

Nature of Annual Payment ............................................................ .....................

(See Note " A " at foot)

No. of Receivable Order.........................

Annual Amount £.......................

No. of Receivable Order (Purchase Annuity)................................

(See Note " B " at foot)

Folio No. ...................

1. I .......................................................... of ............................................................ ... in the County of ....................................... being the owner of lands subject to the above-mentioned annual payment do hereby apply to the Land Commission for an Order for (a)(The funding of arrears of and for) the revision of the said annual payment in accordance with Section 18 of the Land Act, 1933 , and sections 26 , 27 and 28 of the Land Act, 1939 .

2. I solemnly and sincerely declare that I am the person liable to pay the above-mentioned (b)..................... in respect of my estate or interest in the hereditaments known as the lands of .............................. situate in the Barony of ......................................... Parish of ......................... and County of ................ containing ......... acres ......... roods and ............ perches statute measure.

(a) To be struck out if there are no arrears to be funded.

(b) State nature of annual payment.

3. I further declare that the lands referred to in Paragraph (1) are :

(a) substantially agricultural or pastoral or partly agricultural and partly pastoral in character ; and

(b) are in my own occupation ; and

(c) are used and cultivated by me as an ordinary farm in accordance with proper methods of husbandry ; and

(d) are subject to the annual payment to which section 18 of the Land Act, 1933 , as extended by section 28 of the Land Act, 1939 , applies (See note " A " at foot hereof).

4. That to the best of my knowledge, information, judgment and belief, the statements in the above Declaration are true and correct in every particular as set forth and I make this solemn Declaration conscientiously believing the same to be true and by virtue of the provisions of " The Statutory Declarations Act, 1835 " (5 and 6 Wm. IV. c.62).

Signature of Owner............. ............................................

Made and subscribed before me this......................................

day of...................... ....................In the year...................

Signed ............................................................ .................

Peace Commissioner or Commissioner for Oaths.

Note " A "— Section 18 of the Land Act, 1933 , as extended by Section 28 of the Land Act, 1939 , applies to all such of the following annual payments as are payable into the Church Temporalities Fund, that is to say :—

(a) a tithe rent charge payable out of lands which before the date of this application become and are subject to a purchase annuity ;

(b) fixed annual instalments in lieu of tithe rent-charge payable out of lands which before the date of the application become and are subject to a purchase annuity ;

(c) a perpetuity rent ;

(d) the interest on a converted leasehold mortgage ;

(e) the interest on a simple mortgage ;

(f) an annuity in repayment of an instalment mortgage.

Note " B "—Where the application has reference to the revision of a tithe rent-charge or fixed annual instalments in lieu of a tithe rent-charge it should be stated whether the lands out of which the charge is payable are also subject to a purchase annuity, and, if so, the number of the Purchase Annuity Receivable Order should be quoted.

FORM 120.

OBJECTION TO AN EXCHANGE OF PORTIONS OF ADJOINING HOLDING.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 33.

1.    A    B, of (state address and description) (hereinafter called the objector) objects to the making of an order by the Land Commission ratifying the exchange of the portions of the holdings on the above estates proposed to be made as in the notice dated the day of is set forth.

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 (state the grounds fully).

Dated this      day of      .

Signature (of the objector or of his solicitor).

FORM 121.

APPLICATION BY A SUBTENANT OF A TENANT ON A PURCHASED HOLDING TO HAVE PARTICULARS OF HIS HOLDING FURNISHED.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 38.

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

1. That he is tenant to C.   D. (the immediate landlord) 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 and date of commencement of tenancy—e.g., lease, yearly letting or otherwise as the case may be).

2. That the said C.       D. is tenant to the owner of the above-named lands (and others) at the yearly rent of £      under (state particulars of rent and tenure, so far as known to the applicant).

3. That no application has been made to the Land Commission by the said C.    D. to have particulars of his holding with the subtenancy(ies) therein furnished.

4. That the owner purchased the said lands (and others) under the Land Purchase Acts—the particulars of which purchase are as follows (state particulars of the matter if known) and the said lands (and others) are subject to the revised purchase annuity of £

5. That the applicant submits that he is subtenant of a holding to which section 10 of the Land Act, 1927 , section 37 of the Land Act, 1936 , and section 38 of the Act or one or more of them apply and he hereby applies to the Land Commission that his subtenancy may be brought within the provisions of the said sections.

Dated this        day of       .

Signature (of the applicant or of his Solicitor).

FORM 122.

PETITION TO THE LAND COMMISSION PRAYING THAT A HOLDING BE NOT RESUMED.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 39.

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

1. That the petitioner is tenant of the holding consisting of the lands of      containing      a.     r.     p.    which vested in the Land Commission on the     day of      and is subject to payment of the revised annual sum of £

2. That the Land Commission published in Iris Oifigiúil on the    day of    a notice of their intention to resume the said holding (or part of the said holding) that is to say : (specify the part of the holding proposed to be resumed).

3. That the grounds relied upon by the petitioner in support of his petition are (here state them fully).

The petitioner therefore prays that the (part of the) said holding be not resumed without further inquiry.

Dated this     day of

Signature (of the petitioner or of his solicitor)

FORM 123.

REQUISITION TO THE LAND COMMISSION TO RESUME AN ENTIRE HOLDING AND TO PROVIDE THE TENANT PURCHASER WITH A NEW HOLDING.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 39.

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

1. That he is the tenant of (that part of) the holding described in the first part of the Schedule hereto which was vested in the Land Commission in the above Estate on the appointed day.

2. That the Appeal Tribunal by order dated the      day of      authorised the resumption by the Land Commission of the said (part of the) holding.

3. That (s)he (or his wife or her husband as the case may be) resides on (or in the immediate neighbourhood of) the holding.

4. That neither (s)he or his wife (or her husband as the case may be) is the owner of land other than the (part of the) holding authorised to be resumed the market value of which exceeds £2,000.

5. That s(he) and his wife (or her husband as the case may be) are the owners or tenants of the lands described in the Second Part of the schedule hereto.

6. That (s)he submits that an adequate amount of agricultural products, having regard to the conditions laid down in subsection (6) of Section 39 of the Act, is being produced on the holding, and an adequate amount of employment is being provided thereon.

7. And the said A.        B hereby requires the Land Commission to resume or acquire the said lands described in the second part of the schedule hereto and to provide him (her) with a new holding of not less market value than the market value of the lands in the schedule hereto, or the sum of £2,000 whichever shall be the lesser sum.

SCHEDULE.

PART I.

PART II.

Dated this      day of

Signature (of the applicant or of his solicitor).

FORM 124.

OBJECTION TO THE EXTINGUISHMENT OF EASEMENTS RIGHTS AND TENANCIES.

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 41.

1. A.    B. (state address and description) (hereinafter called the objector) claims to be entitled to (the easement, right or tenancy in question) of which the Land Commission have published a notice of intention to make an order for the extinguishment, and objects to the making of such order.

2. The grounds relied upon by the objector in support of his objection are (here state the grounds fully).

Dated this     day of       .

Signature (of the objector or of his solicitor).

FORM 125.

APPLICATION FOR A DECLARATION THAT A PARCEL OF UNTENANTED LAND HELD UNDER FEE FARM GRANT, CONVEYANCE IN FEE SIMPLE SUBJECT TO A PERPETUAL YEARLY RENT CHARGE, RENEWABLE LEASE OR LEASE FOR A LONG TERM SHOULD VEST IN THE LAND COMMISSION AS TENANTED LAND.

IRISH LAND COMMISSION.

LAND ACT, 1931 —SECTION 44.

LAND ACT, 1933 —SECTION 42.

LAND ACT, 1936 —SECTION 37 (3) AND SECTION 43.

LAND ACT, 1939 —SECTION 46, SECTION 47 AND SECTION 49.

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 by the applicant under the grant, (conveyance), (or lease) and at the rent (or perpetual rent charge) therein stated.

2. That he submits that the parcel (or that part of the parcel set out in the second part of the schedule hereto) would not have been excepted from the provisions of sub-section (1) of section 24 of the Land Act, 1923 , had it been tenanted land.

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

4. That the property held under the grant or (conveyance, or lease) includes the following incorporeal hereditaments that is to say :—

(here give particulars of the incorporeal hereditaments).

Where the applicant is a co-owner of the lands.

5. That the rent (or rent charge) 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 rent (or rent charge) has been paid by       to the best of the knowledge, information and belief of the applicant.

6. That it is expedient that the rent (or rent charge) be apportioned, and that the proposed apportionment set forth in the schedule would be just and fair having regard to the quantities and value of the lands (and the value of the incorporeal hereditaments) and the rights of the parties interested.

Where rent actually paid differs from that reserved.

7. That the rent (or rent charge actually paid by him in respect of the parcel is the sum of £   , and the applicant submits that this sum has been paid and received in substitution for the rent (or rent charge) reserved in the grant (or conveyance or lease) and appeals that it be deemed to be the rent (or rent charge) payable in respect of the parcel for the purpose of this application.

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

9. That the lands form part of a holding (or constitute a holding) purchased under the Land Purchase Acts, the particulars of which purchase are as follows :—

(here state the particulars of that purchase).

10. That a previous application by the applicant (or by C.    D. a predecessor of the applicant) was refused by order dated the   day of      on the grounds that (state grounds for the refusal).

11. That the grant (or conveyance, 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 interest of the country that the parcel should be sold to the applicant under the Land Purchase Acts.

12. And the applicant hereby applies to the Land Commission for a declaration pursuant to the provisions of the sections in the title hereof enumerated that the parcel shall vest in the Land Commission on the appointed day as if it were tenanted land.

Dated this    day of

Signature (of the applicant or of 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 126.

APPLICATION BY A SUBTENANT TO HAVE PARTICULARS FURNISHED.

IRISH LAND COMMISSION.

LAND ACT, 1939 .—SECTION 53.

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

1. That he is tenant to C.           D. (the immediate landlord) 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, yearly letting or otherwise as the case may be).

2. That the said C.    D. is tenant to the above-named owner of the above-named lands (and others) at the yearly rent of £      under (state particulars of rent and tenure so far as known to the applicant).

3. That the particulars of the subtenancy have not been furnished to the Land Commission under sub-section (1) of section 40 of the Land Act, 1923 , and that the holding of C.  D. has not been included in any published list of vested holdings.

4. That the applicant submits that he is subtenant of a holding to which section 24 of the Land Act, 1923 , as extended by subsequent Land Acts, applies, and he hereby applies to the Land Commission for an order requiring the owner or the said C. D. to furnish to the Land Commission the particulars of the holding and of the subtenancy in accordance with the said sub-section.

Dated this    day of

Signature (of the applicant or of his solicitor)

..........................................

FORM 127.

OBJECTION TO THE MAKING OF WATERCOURSES AND DRAINS.

IRISH LAND COMMISSION.

LAND ACT, 1939 .—SECTION 55.

County of

Lands of

1. A.    B. of (state address and description) (hereinafter called the objector) objects to the proposed order of the Land Commission authorising the making of the watercourses and drains and the doing of the acts on the above lands as set forth in the notice dated the     day of

2. The interest of the objector in the said lands is as (owner in fee, or otherwise).

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

Dated this     day of

Signature (of the objector or of his solicitor).

FORM 128.

OBJECTION TO A SAND FIXATION ORDER.

IRISH LAND COMMISSION.

LAND ACT, 1939 .—SECTION 57.

Lands of

County of

1. A.   B. of (state address and description) (hereinafter called the objector) objects to the exercise by the Land Commission of the powers conferred by section 57 of the Act as set out in the notice dated the     day of    that is to say (state specifically the particular items objected to).

2. The interest of the objector in the above-named lands is (state the nature of the interest, if any).

3. The grounds on which the objector relies in support of his objection are (state them specifically).

Dated this    day of

Signature (of the objector or of his solicitor)

....................................

FORM 129.

NOTICE OF INTENTION TO MAKE AN ORDER PROHIBITING THE REMOVAL OF THE SURFACE OF LANDS.

IRISH LAND COMMISSION.

LAND ACT, 1939 .—SECTION 58.

County of   Electoral Division of

Lands of    containing a. r. p.

Take notice that the Irish Land Commission intend forthwith to make an order in pursuance of their power under Section 58 of the Land Act, 1939 , prohibiting the removal of the surface of the above-mentioned lands.

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

(Signed) .................................

Secretary.