S.I. No. 40/1945 - Land Purchase Acts Rules, 1945.
STATUTORY RULES AND ORDERS. 1945. No. 40. | ||||||||
LAND PURCHASE ACTS RULES, 1945. | ||||||||
IRISH LAND COMMISSION. | ||||||||
LAND PURCHASE ACTS, 1923 TO 1939. | ||||||||
RULES AND ORDERS UNDER THE LAND ACT, 1933 . | ||||||||
THE 3RD DAY OF MARCH, 1945. | ||||||||
It is this day ordered by the Minister for Lands, in pursuance of the powers conferred on him by section 3 of the Land Act, 1933 , and of every other power him enabling in this behalf, with the concurrence of a majority of the committee constituted pursuant to the provisions of the said section, and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules shall from and after this date and until further order, take effect and be in force in relation to proceedings under the Land Purchase Acts, and that all existing Rules and Orders made under the same Acts, in so far as they are inconsistent with these Rules, but no further, are hereby amended or revoked. | ||||||||
SEÁN MOYLAN, | ||||||||
Minister for Lands. | ||||||||
We hereby concur in the making of the following Rules :— | ||||||||
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ORDER I. INTERPRETATION. | ||||||||
Title. | ||||||||
1. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1945. | ||||||||
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. | ||||||||
Saving of existing Rules. | ||||||||
3. All Rules heretofore made under the Land Purchase Acts shall continue in force save in so far as they are revoked by, or are inconsistent with, these Rules. | ||||||||
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ORDER II. ORDER FOR POSSESSION. | ||||||||
Application of Order IV, Rule I of the Rules of 25th September, 1929. | ||||||||
1. Rule I of Order IV of the Provisional Rules under the Land Purchase Acts dated the 25th day of September, 1929, shall apply where a holding is sold by or at the suit of the Land Commission and there is no person in occupation of the holding or of any part of it. The affidavit in support of the application shall show that there is no person in occupation of the holding or of any part of it. | ||||||||
Amendment of Order IV, Rule 3 of the Rules of 25th September, 1929. | ||||||||
2. Rule 3 of Order IV of the Provisional Rules under the Land Purchase Acts dated the 25th day of September, 1929, is hereby rescinded and the following Rule substituted therefor, that is to say :— | ||||||||
" 3. In every case where there are persons in occupation of the holding or of any part of it other than the former owner or tenant thereof, as the case may be, or persons claiming and admitted by the purchaser to be entitled not to be disturbed as tenants or subtenants thereof, a purchaser requiring an order for possession must apply to the Judicial Commissioner by motion on notice for such order, which may be in Form 42. The application shall be supported by an affidavit giving particulars of all persons in occupation of the holding and showing the nature and extent of the interest therein claimed by them and stating which of such claims are admitted and which of such claims are disputed ; the affidavit may be in form 41 B, with such variations as the nature of the case may require." | ||||||||
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ORDER III. SUBSTITUTED SERVICE BY LAND COMMISSION. | ||||||||
Amendment of Order VI, Rule 9 of the Rules of 5th February, 1924. | ||||||||
1. Rule 9 of Order VI of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, is herebyrescinded and the following Rule substituted therefor, that is to say :— | ||||||||
" 9. When any Rule or Order directs the Land Commission to serve or transmit any notice or document on or to any person, and such person is not represented by a solicitor, and it appears to the Land Commission that by reason of the residence of such person being unknown, or being out of the jurisdiction, or for any other reason substituted service or the substitution of notice for service should be permitted, the Land Commission may serve or transmit the notice or document, addressed to the person to be served, on or to an agent or other person on his behalf accompanied by a requisition to have the same transmitted or communicated to the person to whom it is addressed or may publish in such manner as the Land Commission may deem sufficient notice of the said notice or document and such substituted service or publication of notice, as the case may be, shall, when effected, be a sufficient compliance with any such Rule or Order aforesaid. " | ||||||||
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ORDER IV. WARRANT OF ARREARS DUE. | ||||||||
Amendment of Order III, Rule I of the Rules of 9th December, 1936. | ||||||||
1. Rule I of Order III of the Land Purchase Acts Rules dated the 9th day of December, 1936, is hereby rescinded and the following Rule substituted therefor, that is to say :— | ||||||||
" 1. The Warrant to be issued by the Land Commission to the County Registrar or Under-Sheriff, as the case may be, certifying the amount of money due by a defaulter to the Land Commission, shall be in Form 108." | ||||||||
Order V of the Rules of 22nd January, 1934, and the Rule of 24th September, 1940, rescinded. | ||||||||
2. Order V of the Rules under Section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, and the Rule under Section 3 of the Land Act, 1933 , dated the 24th day of September, 1940, are hereby rescinded. |