S.I. No. 20/1960 - Land Purchase Acts Rules, 1960.

S.I. No. 20 of 1960.

LAND PURCHASE ACTS RULES, 1960.

IRISH LAND COMMISSION

LAND PURCHASE ACTS, 1923 TO 1954.

RULES AND ORDERS UNDER THE LAND ACT, 1933 .

THE 28TH DAY OF JANUARY, 1960.

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 (except where otherwise stated) 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.

MICHEÁL Ó MÓRÁIN,

Minister for Lands.

We hereby concur in the making of the following Rules :

Members of the Committee : THOMAS TEEVAN,

KEVIN O'SHIEL,

T. O'BRIEN.

CONTENTS.

ORDERS.

APPENDIX.

I.—FORMS.

S.I. No. 20 of 1960.

ORDER I. INTERPRETATION.

Title.

1. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1960.

The Act.

2. In these Rules and Orders "the Act" means the Land Act, 1953 (No. 18 of 1953).

Interpretation.

3. 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.

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 inconsistent with, these Rules.

ORDER II. APPLICATION FOR AN ORDER TO LEVY.

SECTION 19 (2) OF THE ACT AND SECTION 17 (1) OF THE LAND ACT, 1939 .

Application for Order to Levy.

1. An application pursuant to sub-section (1) of Section 17 of the Land Act, 1939 , or that sub-section as amended by sub-section (2) of Section 19 of the Act shall be made ex parte to the Lay Commissioners. The application shall be grounded, as may be appropriate, on a certified copy of the Order of the Lay Commissioners or on a certificate of taxation of a Taxing Master of the High Court together with a certificate signed by the Applicant or his Solicitor that the amount of the costs and expenses as measured or taxed or the amount of any part thereof remaining unpaid has been duly demanded and has not been paid.

Costs of obtaining and Form of Order.

2. A sum of £2 2s. 0d. may be added for the costs of obtaining the order for the levying of the amount of the costs and expenses as measured or taxed or the amount of any part thereof remaining unpaid. The Order to Levy issued by the Lay Commissioners shall be in Form 135.

Revocation.

3. The Land Purchase Acts Rule, 1942 ( S. R. & O. No. 70 of 1942 ) and Form 130 are hereby revoked.

ORDER III. ORDERS FOR POSSESSION.

Amendments of Order V, Rules 1, 2, 3 and 6 of the Provisional Rules dated 24th August, 1927.

1. Rules 1, 2, 3 and 6 of Order V of the Provisional Rules under the Land Purchase Acts dated the 24th day of August, 1927, are hereby amended by the substitution of "County Registrar" or "Sheriff" as may be appropriate in any case, for "Under-Sheriff" where it appears in the said Rules.

ORDER IV. PARTITION OF RIGHT OF GRAZING OR TURBARY OR RIGHTS OF GRAZING AND TURBARY.

SECTION 23 OF THE ACT.

Extension of Order IV of the Land Purchase Acts Rules of 1951.

1. In addition to their present application, Rules 1 to 6 (inclusive) of Order IV of the Land Purchase Acts Rules of 1951 ( S.I. No. 50 of 1951 ) shall also apply in relation to the compulsory partition of any right or rights referred to in Section 23 of the Act, and accordingly any reference in the said Rules 1 to 6 (inclusive)—

(a) to co-owners of such land or to co-owners of the land or to any co-owner shall include a reference to persons or to any person (as the case may be) entitled to such right or rights and a reference to the owner or owners (if more than one) of the land affected thereby, and

(b) to land not being land within the context of paragraph (a) of this Rule, shall include a reference to such right or rights, and

(c) to lands shall include a reference to lands affected and such right or rights thereon,

and Forms 131 and 132 referred to in Rules 1 and 5 of the said Order IV may be adapted or varied to suit any particular case, provided that the Land Commission shall not be required to serve any notice on the owner or owners (if more than one) of the land affected by such right or rights except it is reasonably practicable to ascertain such owner or owners.

ORDER V. PROCEDURE BEFORE THE SEALING OF A CERTIFICATE AND FOR SHOWING CAUSE AGAINST SUCH SEALING.

SECTION 2 of THE LAND ACT, 1946 .

Publication of Notice of intention to seal a certificate and Application to show cause against such sealing.

1. Not less than one month before a certificate may be made and sealed by the Land Commission in virtue of paragraph (v) of Section 2 of the Land Act, 1946 , in any matter, the Land Commission shall

(a) publish in Iris Oifigiúil a Notice in Form 136 of the intention of the Land Commission to seal such certificate unless cause to the contrary is shown, and

(b) state in such notice the time, being not less than one month, within which any person desiring to show cause may lodge an application in that behalf in writing and that such application may be filed in the Acquisition and Resales Division of the Land Commission, and

(c) serve a copy of such notice personally or by registered post on all persons appearing to have an interest in such matter or on their respective solicitors,

and any person desiring to show cause may, within the time mentioned in such notice, lodge an application in Form 137 showing fully the applicant's grounds of objection, signed by the applicant or his solicitor and file such application in the Acquisition and Resales Division of the Land Commission.

Hearing of application to show cause.

2. The Land Commission shall consider any application to show cause and shall have the application, if not otherwise disposed of, listed before the Lay Commissioners for hearing on giving not less than fourteen days' notice of such hearing by service personally or by registered post on the applicant and on any other person appearing to be interested or on their respective solicitors and the Lay Commissioners shall hear and determine any such application.

ORDER VI. COMPULSORY ACQUISITION.

Amendment of Order V, Rules 1 and 2, of the Land Purchase Acts Rules of 1936.

1. Order V of the Land Purchase Acts Rules of 1936, (S.R. & O. 1936, No. 361), is hereby amended as follows :—

(a) by the insertion, in lieu of the words "or his solicitor", in Rule 1 thereof, of the words "and on such other persons as appear to the Land Commission entitled to notice or on their respective solicitors", and

(b) by the substitution for Rule 2 thereof of —

Objection to provisional list.

2. Any person objecting to the provisional list may lodge his objection within one month after the publication of such list in Iris Oifigiúil or the service (where effected) of a copy of such list on such person whichever shall be the later. The objection may be in writing in Form 109 ; it should state the grounds of objection and be signed by the objector or his solicitor and, notwithstanding any other provision in any other rule or order, should be filed in the Acquisition and Resales Division of the Land Commission and the Land Commission shall not be required to serve any notice of such filing.

in lieu of the said Rule 2 which, without prejudice to any pending proceeding, is hereby revoked.

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

SECTION 58 of THE LAND ACT, 1939 .

Amendment of Order XVIII of the Land Purchase Acts Rules, 1939.

1. Order XVIII of the Land Purchase Acts Rules, 1939 (S.R. & O. 1939, No. 341) is hereby amended by the addition thereto of the following Rule :—

" Publication of the Order."

"3. When the Order has been made Notice thereof shall be published, as soon as may be convenient, in Iris Oifigiúil."

ORDER VIII. COSTS.

Amendment of Order XLVII of the Rules of 5th February, 1924, etc.

1. Order XLVII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, (as amended by the Provisional Rule under the Land Purchase Acts dated the 15th day of July, 1930 and by Order II of the Land Purchase Acts Rules of 1947) is hereby amended by the insertion therein, immediately after Rule 3A, of the following Rule :—

"3B. The Costs (as distinct from outlay) incurred in the course of proceedings in the Land Commission under the Land Purchase Acts on and after the 1st day of February, 1960, shall be taxed according to the schedule of fees in the Appendix hereto (as amended) with an addition thereto of an amount equal to 50 per cent. of such fees (save as to items Nos. 89 and 90 which may be increased to the sums of £1 0s. 0d. and £15 0s. 0d. respectively): provided that this Rule shall not apply in respect of business transacted prior to the said 1st day of February, 1960, or in respect of business, the particulars of the costs of which have been prior to such date furnished to the client or person chargeable therewith or have been taxed or certified."

ORDER IX. FEES.

Fees to be charged for copies of of documents, etc.

1. On and after the 1st day of April, 1960, the scale of charges for furnishing copies of documents, including maps, and for searching for or production of documents shall be according to the Schedule of Office Fees in the Appendix hereto and all existing Rules providing for fees to be charged in the cases mentioned in the said Schedule are amended accordingly. The appropriate standard fee shown in the said Schedule for each copy document or map to be furnished shall be lodged with the application for such copy. All payments made under this Rule shall be denoted by Land Commission stamps.

Revocation.

2. Order IX of the Land Purchase Acts Rules of 1951, dated 26th February, 1951 ( S.I. No. 50 of 1951 ) and the Schedule of Office Fees in the Appendix thereto shall stand revoked on and from the 1st day of April, 1960.

ORDER X. 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.

EXPLANATORY NOTE.

These Rules prescribe standard fees for copy documents supplied by the Land Commission and provide for increases in the scale of legal costs of showing title to lands purchased or acquired under the Land Purchase Acts. In addition these Rules regulate the procedure to be followed in relation to certain provisions of the Land Acts, 1946 and 1953, and also revise and extend some existing Rules.

APPENDIX.

I.—FORMS.

Form 135.

ORDER TO TO LEVY COSTS* AND* EXPENSES*

IRISH LAND COMMISSION.

LAND ACT, 1939 —SECTION 17.

LAND ACT, 1953 —SECTION 19.

It is ordered by the Lay Commissioners, pursuant to sub-section (1) of Section 17 of the Land Act, 1939 , or that sub-section as amended by sub-section (2) of Section 19 of the Land Act, 1953 , that the * in the County   Borough* of   do of the goods and chattels of   in his Bailiwick cause to be made the sum of which was adjudged to be paid by the said to by Order of the Lay Commissioners bearing date the day of for costs* and* expenses* in the said Order mentioned and of which the sum of now remains unpaid, together with the further sum of £2 2s. 0d. being the costs of obtaining this Order to Levy, making in all the sum of and that the said * do cause the said money to be paid to the said in pursuance of the said Order and that he do make a return to the Lay Commissioners of the manner in which he shall have executed this Order immediately after the execution thereof.

Dated this      day of    19    .

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

*Strike out what is inapplicable.

Form 136.

NOTICE OF INTENTION TO SEAL A CERTIFICATE UNDER SECTION 2 of THE LAND ACT, 1946 .

IRISH LAND COMMISSION.

Estate of

County of          Record No.

TAKE NOTICE that the Land Commission will consider and determine whether or not the direction hereinafter set forth has been complied with and that in default of such compliance the Land Commission intend to seal a certificate pursuant to Section 2 of the Land Act, 1946 , unless cause to the contrary be shown, certifying as follows :—

(i) that a direction under the said Section was given on the day of 19 to of the Purchaser of the described in the Schedule hereto to reside continuously in the dwelling-house which the said includes as on and from the day of 19 until the said is vested in the said purchaser,

(ii) that the said direction has not been revoked

(iii) and that the said Purchaser has failed to comply with the said direction.

AND FURTHER TAKE NOTICE that the certificate when sealed shall be conclusive evidence for all purposes of the facts so certified.

AND FURTHER TAKE NOTICE that on or before the    day of 19  any person desiring to show cause may lodge an application in that behalf in writing and file such application in the Acquisition and Resales Division of the Land Commission.

SCHEDULE.

County............................................................ ....... Barony..........................................................

Dated this      day of     19 

Published by the Land Commission

To

AND TO ALL OTHER PERSONS CONCERNED

N.B.—Any person desiring to show cause may within the time mentioned in this Notice lodge an application in Form 137 of the Land Purchase Acts Rules, 1960 ( S.I. No. 20 of 1960 ) showing fully the applicant's grounds of objection signed by the applicant or his solicitor, and file such application in the Acquisition and Resales Division of the Land Commission.

Form 137.

APPLICATION TO SHOW CAUSE AGAINST THE SEALING OF A CERTIFICATE UNDER SECTION 2 of THE LAND ACT, 1946 .

IRISH LAND COMMISSION.

Estate of

County of            Record No.

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

1. That the interest of the applicant in the described in the Schedule hereto is as follows :— (Here state fully the applicant's interest).

2. That a Notice dated the     day of    19    was published in Iris Oifigiúil that unless cause to the contrary be shown the Land Commission intend to seal a certificate pursuant to Section 2 of the Land Act, 1946 , in relation to the dwellinghouse which the said includes.

3. That the applicant is desirous to show cause and in pursuance thereof objects to the making of any such certificate on the following grounds :— (Here state them fully).

The applicant therefore prays that the cause shown be allowed.

SCHEDULE.

County........................................... Barony...................................

Dated this        day of      19 .

Signature (of the applicant or of his Solicitor).

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

II.—SCHEDULE OF OFFICE FEES.