05/02/1924: The Land Purchase Acts

IRISH LAND COMMISSION. PROVISIONAL RULES UNDER

THE LAND PURCHASE ACTS

CONTENTS.

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ORDERS.

APPENDIX.

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FORMS.

IRISH LAND COMMISSION.

PROVISIONAL RULES

UNDER

THE LAND PURCHASE ACTS

5th day of February, 1924.

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 76 of the Land Act, 1923 , 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 defined by the Land Act, 1923 , and the said Act, and all existing Rules and Orders made in pursuance of the powers conferred as aforesaid shall cease to be in force as regards all proceedings commenced or continued after this date ; save that as regards any proceeding in respect or arising out of any matter pending on 9th August, 1923, where these Rules and Orders are not applicable, the general Rules and Orders in force at the date hereof shall remain in force as if these Rules had not been made.

ORDER I. CONSTRUCTION OF TERMS.

1. In these Rules, unless the context otherwise requires, " Land Commission " shall mean Irish Land Commission ; " Judicial Commissioner " shall mean Judicial Commissioner of the Land Commission ; " Commissioner " shall mean Commissioner of the Land Commission ; " Court " shall mean Court of the Land Commission ; " holiday " shall mean any day upon which the offices of the Land Commission shall be closed ; " Purchase Branch " shall mean Purchase Branch of the Land Commission ; " the Examiner " shall mean the Examiner of Title to whom the proceeding in question is for the time being referred ; " Owner, " as regards pending proceedings for sale under the Irish Land Acts, 1903 and 1909, shall mean the person or persons whose estate is being sold as named at the head of the Originating Application or Request, or in whose name or names the proceedings shall have been continued ; and, as regards land which will become vested in the Land Commission on the appointed day by virtue of the Land Act, 1923 , shall mean the person or persons who prior to the appointed day was or were the owner or owners of the lowest interest in such land constituting an interest saleable under the Land Purchase Acts.

ORDER II. OFFICERS.

1. When any Rule or Order directs that any act shall be done, or duty discharged by a particular officer, the same may be done or discharged by such other officer as the Judicial Commissioner may from time to time appoint.

ORDER III. TIME.

1. In the computation of time for the purpose of these Rules and Orders, the word " month " shall mean calendar month, and the period of a month shall not be extended by reason of any intervening holiday, but when the time limited is a fortnight or any less period, the time so limited shall be extended by any intervening holiday or holidays except Sundays.

2. The computation of time by days shall be exclusive of the first and inclusive of the last day.

3. Whenever the time limited expires on a Sunday or other holiday it shall be extended to the next day on which the offices of the Land Commission shall be open.

4. 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 any 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.

ORDER IV. ENTITLING AND FILING OF DOCUMENTS.

Entitling.

1. All applications, statements, notices, orders, affidavits, claims, consents, undertakings, certificates, abstracts of title, allocation schedules, objections or other documents for any motion or proceeding, unless otherwise directed by Rule, shall be headed " Court of the Irish Land Commission— Land Act, 1923 , " (or, in the case of pending proceedings for sale under the Irish Land Acts 1903 and 1909.—" Land Purchase Acts "), and shall be entitled—Record No.            , Estate of A.B. Owner, County of       . (or, if the Owner or Owners be a trustee or trustees for sale, or with power of sale,)

Estate of A.B. and C.D., trustees for sale (or, with power of sale) under the Will dated

   of E.F., deceased (or, of the estate of E.F. under indenture dated   ),

Owners, County of

Filing.

2. All notices, affidavits, claims, consents, undertakings, certificates and objections shall be fairly written or printed, or clearly and accurately type-written on foolscap paper, with sufficient margin, and shall be filed in the Registrar's Office unless otherwise directed by Rule or Order.

ORDER V. APPEARANCES.

Appearance Book to be kept in Registrar's Office.

1. An Appearance Book shall be kept in the Registrar's Office in which any person claiming to be interested in the subject matter of any proceeding shall be at liberty, either personally or by his solicitor, to enter an appearance for the purpose of being served with notices of such proceeding ; and any person so appearing may withdraw his appearance.

Name and address of solicitor, or address for service to be stated.

2. If a person appears by a solicitor, the name and registered place of business within the City of Dublin of such solicitor shall be stated. If the appearance be not by a solicitor, the person appearing shall give an address within the City of Dublin where notices may be left for him ; and such address may be altered by him from time to time.

Nature of claim to be stated, and on satisfaction of claim appearance withdrawn.

3. Every appearance shall state in a concise form the nature of the claim or claims or the special purpose in respect of which the appearance is entered, and when such claim or claims has or have been discharged in full or disallowed, or the special purpose of the entry has been effectuated, the fact shall be noted by the proper officer in the appearance book, and the appearance shall be considered as withdrawn from thenceforth.

Appearance entered without sufficient reason may be cancelled, and person appearing ordered to pay costs.

4. The Judicial Commissioner may order any appearance which he considers to have been entered without sufficient cause to be cancelled, and may order the person appearing to pay any costs incurred in consequence of such appearance.

Notice to be served of entry, withdrawal, or variation of appearance.

5. Every person entering or withdrawing an appearance, or altering his address for service, shall give notice thereof in writing to the Owner or other the person having carriage of the proceeding or his solicitor ; and no second or other appearance by any person in any one proceeding shall be permitted until the previous appearance be withdrawn.

To be entered accurately in presence of officer.

6. All appearances shall be entered in the appearance book accurately and in a legible hand in the presence of the officer in charge of the book whose duty it shall be to see that the proper notices are served.

Certificate of appearances.

7. The Registrar, or an officer of his department, shall, if required, sign a certificate specifying the appearances that shall have been entered in any proceeding, or of the entry of any particular appearance. Such certificate shall be in Form 4, or such other form as may appear suitable.

Owner's address for service to be entered on record of proceedings.

8. The Owner's address for service, or, if he be represented by a solicitor, the name and registered place of business within the City of Dublin of such solicitor shall be entered upon the record of proceedings.

Change of solicitor or address by Owner.

9. Should the Owner desire to change his address for service, or his solicitor, or to appear in person, notice of the change shall be served upon the solicitor (if any), whose name appears on record as representing the Owner, and upon all persons who have entered appearances in the proceeding, and thereupon the entry on the record of proceedings shall be varied.

ORDER VI. SERVICES.

Persons who may be served through Notice Office.

1. Any Owner, tenant, or purchaser who has made or joined in any application to the Land Commission, and any person who has entered an appearance in a proceeding may be served with any order or notice in the matter through the Notice Office of the Land Commission ; and any person who has served a notice of motion, or has lodged a claim or objection may be served in the same manner with any order or notice having relation to such notice of motion, claim, or objection ; and any Government Department having an office within the City of Dublin, or any Banking Company having a Solicitor's Department in connection with its principal office within the said city, or which shall designate in writing to the Registrar a solicitor or an official in the said city to whom orders and notices in relation to proceedings under the Land Purchase Acts may be transmitted on its behalf, may be served in the same manner with any order or notice.

Other services to be personal, or at the residence.

2. Except in the cases aforesaid, any person whom it may be necessary to serve with any order or notice must be served personally, or at his residence, unless the Judicial Commissioner or the Land Commission, as the case may be, authorizes some other mode of service.

What constitutes service at the residence.

3. Service at the residence must be at the residence where the party is residing at the time, and should be upon the wife, husband, father, mother, son, daughter, brother or sister, or domestic servant of the party intended to be served. The person to whom the document is delivered must be of the age of sixteen years or upwards, and must be requested to give such document to the person for whom the same is intended. Service at a place of business shall not be deemed service at the residence.

Original to be shown except in certain cases.

4. In the case of any order, notice, or other document sealed or signed by an officer of the Court, the original should be shown unless it shall appear that such a course would be impracticable from the fact that parties residing far apart had to be served within a limited period.

Method of service through Notice Office.

5. Every person requiring to have a notice or other document served through the Notice Office shall, before the hour of two o'clock in the afternoon, or, if the day be a Saturday, before noon, lodge with the proper officer the document which he shall require to have so served, together with as many copies thereof as he shall require to have served, and in the case of a notice of motion, two copies thereof for the use of the Court. The document required to be served, and also the copies thereof left for the use of the Court, shall have written at foot thereof or endorsed thereon the name and registered place of business of each solicitor, and the address for service of each party appearing in person on whom the same is to be served, and in the case of a solicitor the name of the party for whom he has appeared. There shall also be left at the same time envelopes directed to the several persons to be served at the several registered places of business and addresses for service endorsed on the document to be served. The person requiring the document to be served, or his solicitor, shall mark upon every copy thereof which he shall require to have served, and also upon each copy left for the use of the Court, that the same has been compared with and is a true copy of the document required to be so served, and shall sign the same with his name or the initial letters thereof, and every such person or solicitor shall be responsible for the accuracy of every such copy.

Duty of the Officer receiving the notice.

6. The officer shall compare and check the addresses on the several envelopes with the names and addresses on the document to be served, and see that they correspond, and place the copies for service in their respective envelopes and secure the same, and place them with the official letters to be despatched the same day, and he shall enter in the register of notices a minute of the despatch of such copies and mark the entry with his initials. The originals of all documents transmitted through the Notice Office shall be filed except in the case of a notice, or other document sealed or signed by an officer of the Court, which may be retained by the person requiring the same to be served, provided he lodges a copy for filing.

Certificate of officer to be proof of service through Notice Office.

7. Where any notice or other document is served through the Notice Office, the certificate of the proper officer that such notice or other document was duly transmitted by post shall be proof of the service thereof.

Substituted service.

8. Every application for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made. Whenever any such order shall be made, a copy thereof shall be served along with the notice or other document, as the case may be.

Substituted service by Land Commission.

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 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.

ORDER VII. COMPOUNDED ARREARS OF RENT AND PAYMENT IN LIEU OF RENT.

Particulars to be furnished by verified rental.

1. The particulars to be furnished by an Owner, or by a person receiving rents and profits on his behalf for the purpose of the collection of compounded arrears of rent and payment in lieu of rent shall be by rental in Form 1 in the Appendix hereto, verified by affidavit in Form 2 or 3, as the case may be, which forms will be furnished by the Land Commission on application stating the name of the Owner, the County in which the estate is situate, and the number of tenants.

When rental should be lodged.

2. Unless already lodged, the rental, duly completed and verified, shall be lodged in the Collection Branch of the Land Commission within one month from the publication in the Iris Oifigiúil of a notice requiring such lodgment, unless the time for lodgment be extended by the Land Commission on application.

Application for judicial declaration as to whether Land Act, 1923 applies to holding, or for direction.

3. If for the purpose of the collection of compounded arrears of rent and payment in lieu of rent an Owner or tenant requires a judicial declaration as to whether any particular holding is one to which the Land Act, 1923 , applies, he may apply by motion to the Judicial Commissioner for a declaration that the holding is, or is not, as the case may be, one to which the said Act applies. Such motion if made on behalf of the Owner shall be upon notice to the tenant, and, if made on behalf of the tenant shall be upon notice to the Owner, and shall not be moved sooner than fourteen days after the date of service of notice upon the other party.

An Owner may also apply to the Judicial Commissioner for direction on any other question of law or fact that may arise as to the particulars to be furnished by him under Rule 1 of this Order.

Procedure if tenant questions accuracy of particulars.

4. If a tenant questions the accuracy of the particulars in respect of his holding furnished in pursuance of Rule 1 of this Order, he shall, not later than fourteen days from the receipt by him of the first demand by the Land Commission for payment of compounded arrears of rent, or payment in lieu of rent, as the case may be, lodge in the Collection Branch of the Land Commission a notice in writing stating in what respect he alleges such particulars to be inaccurate. Unless it appears to the Land Commission that there is no substance in the question raised, a copy of the notice shall be furnished by the Land Commission to the Owner, and, if not otherwise disposed of, the matter shall be listed for hearing on notice to the parties.

Request by tenant to have a half year's compounded arrears of rent added to purchase money.

5. A request by a tenant owing not less than three years' arrears of rent on 9th August, 1923, to have one-half year's compounded arrears of rent added to his purchase money shall be signed by him and attested by a witness and lodged in the Purchase Branch. A request in Form 5 shall, on application stating the tenant's name and collection number as stated on his receivable order, be filled in by the Land Commission and forwarded to the tenant for signature.

Collection by Land Commission.

6. Payment in lieu of rent shall be collected by the Land Commission in equal half-yearly sums on the first day subsequent to 9th August, 1923, on which six months' payment in lieu of rent would have accrued due, and on subsequent gale days at intervals of six months. Receivable orders shall be issued by the Land Commission for payment of compounded arrears of rent, or payment in lieu of rent, and the payments shall be made within the time limited by the receivable order in that behalf.

Compounded arrears of rent collected by Land Commission to be paid on receipt to persons entitled.

7. Compounded arrears of rent collected by the Land Commission, less by the amount of the statutory deduction, shall be paid to the persons entitled thereto as soon as possible after receipt of same, and the Land Commission shall furnish such persons with the particulars of the sums collected, and of the deductions in respect of income tax and costs of collection.

Half-yearly instalments payable by Land Commission in respect of payment in lieu of rent to be paid within 3 months from gale day.

8. The half-yearly instalments paid by the Land Commission in respect of payment in lieu of rent shall be paid to the persons entitled within three months from the termination of the half-year in respect of which the payment in lieu of rent is payable by the tenant, and the Land Commission shall furnish such persons with particulars of the payment and deductions.

Application by person other than landlord claiming payment.

9. An application by a person, other than the landlord, claiming payment from the Land Commission out of compounded arrears of rent or payment in lieu of rent, shall be made by motion to the Judicial Commissioner on not less than one week's notice to the parties thereby affected.

Payment to separate credit in certain cases.

10. If for any reason the Land Commission is not satisfied as to the person entitled to the payments in respect of compounded arrears of rent or payments in lieu of rent, the same may be paid to the credit of the estate and separate credit of " Payments in respect of rent, " pending application for payment out of same. If the sum paid to any such separate credit shall at any time exceed fifty pounds, it shall be placed on deposit receipt.

Remuneration to land agent, solicito, or land clerk employed in collection.

11. A land agent, solicitor, or land clerk nominated by the immediate landlord, or in default of such nomination selected by the Land Commission, and employed by the Land Commission in the collection of compounded arrears of rent or payment in lieu of rent, shall be paid by the Land Commission such percentage on the amount collected as may be agreed upon between the landlord and such person, or, in default of agreement, fixed by the Judicial Commissioner. The amount so paid shall be deducted from the payments made by the Land Commission in respect of compounded arrears of rent or payment in lieu of rent, and shall be for the work done by the person so employed in furnishing the particulars for the purpose of such collection, the distribution of the receivable orders, and such other work as may be directed by the Land Commission.

Provided that—

(a) In fixing the percentage regard shall be had to the amount and nature of the work done, and to any payment already received by such person from the landlord on account thereof.

(b) Should the payments made by the Land Commission in respect of compounded arrears of rent or payment in lieu of rent be insufficient to discharge the periodical payments in respect of superior interests, charges or incumbrances affecting the land, the amount of any percentage not fixed by the Judicial Commissioner shall be subject to revision by him, on the application of any person interested.

(c) In any case where legal proceedings shall have been taken by the Land Commission to recover compounded arrears of rent or payment in lieu of rent, notwithstanding any agreement as aforesaid, the percentage shall be such sum as shall be fixed by the Judicial Commissioner.

ORDER VIII. ASCERTAINMENT OF LANDS TO BE VESTED IN THE LAND COMMISSION.

Particulars to be lodged.

1. For the ascertainment of the land which shall vest in the Land Commission on the appointed day by virtue of the Land Act, 1923 , particulars in Forms A, B, C, D and E, verified by affidavit in Form 6, shall be furnished. The forms shall be supplied by the Land Commission on application, and may be filled in and verified by the Owner entitled to receive the rents and profits, or by his solicitor or land agent authorised by him, or, where the Owner is not available, or neglects to furnish the particulars, by any receiver, agent or other person who receives the rents and profits, and shall be lodged with the Land Commission together with a certified copy of each form at any time after the lodgment of the rental for collection of compounded arrears of rent or payment in lieu of rent, but not later than three months after application by the Land Commission for the same.

Application by Land Commission for particulars.

2. The application by the Land Commission for such particulars shall be by notice in writing to be served personally on the person from whom the particulars are required, or transmitted by registered letter addressed to such person should his address be known : provided that if the person to be served is represented by a solicitor, the notice shall be transmitted by registered letter to such solicitor ; and in the case of an Owner whose address is unknown, or who is resident out of the jurisdiction, and who is not represented by a solicitor, the notice may be served on, or transmitted to his known land agent, if any.

Map to be lodged.

3. Together with the forms prescribed by Rule 1 of this Order there shall be lodged a map or maps of the land drawn upon the latest edition of an Ordnance map on the six-inch scale, neatly mounted on strong linen. Each map should ordinarily be not less than 12 inches by 12 inches in size, and, save for special reasons, should not exceed 24 inches by 18 inches.

Form of map

4. Upon every map the boundaries of the holdings, of any demesne land, and of any other untenanted land, and also the external boundaries of the estate should be neatly and clearly indicated in waterproof colours.

Land within the external boundary of the estate but not forming part thereof should, in the case of small areas such as labourers' plots, be shown by a complete colour wash, and in the case of larger areas be edged in a distinctive colour and marked " Excluded. "

Fisheries to be shown by a complete colour wash of brown.

Enlargements.

5. Where holdings or other plots or any part thereof are so small or intermixed that they cannot be clearly and accurately indicated on the six-inch scale, enlargements on the scale of 1 /2500, 5 feet or 10 feet should be made, or an Ordnance map on a larger scale than the 6 inch should be used.

Schedule of areas.

6. The map or maps shall be accompanied by—

(a) A schedule of areas in Form 7 showing the area of each plot bearing a separate map number, as well as the total area of each holding, the total area of untenanted land (other than demesne land) and the total area of demesne land. The figures in the schedule should be totalled by townlands separately, closed to the townland area, and summarised at the end.

(b) An affidavit in Form 8 by a Surveyor or other person competent to make the map and verify the schedule of areas.

Particulars, map, and schedule of areas to be lodged in Purchase Branch and receive record number.

7. The particulars with the map, schedule of areas and verifying affidavits shall be lodged in the Purchase Branch, and, if appearing suitable and correct, shall be marked with a record number, and the land comprised therein shall be dealt with as far as possible in accordance with the priority on the record.

ORDER IX. STATEMENT OF OWNERSHIP.

When to be lodged : form and verification of.

1. Within two months after the particulars of any land which will become vested in the Land Commission on the appointed day shall have been lodged in pursuance of Order VIII, the Owner of such land or his solicitor shall lodge a Statement of Ownership in the Examiners' Office. The statement shall be in accordance with Form 9. It shall be fairly written or clearly and accurately type-written on post paper, bookwise, with sufficient margin, shall be divided into paragraphs, and shall be verified by the affidavit of the Owner, unless he is under disability, in which case, or if for other sufficient cause the Judicial Commissioner so permits, it may be verified by the affidavit of the Owner's solicitor, who shall state therein the reason why the statement is not verified by the Owner. The person verifying the statement shall, before making his affidavit, make all reasonable inquiries to ascertain the particulars of all superior interests affecting the land (including superior rents, if any,) and the names and residences of the owners of such superior interests, and of any charges or incumbrances affecting the land.

Lands to be included in.

2. Unless there be some sufficient reason to the contrary, the Statement of Ownership should include all lands which may become vested in the Land Commission by virtue of the Land Act, 1923 , and which are held by the Owner under a common or partly common title, or which are subject to any common incumbrance, notwithstanding that the Owner's interest therein may be limited to a fee-farm or other rent in the nature of a superior interest. The statement may also include any land held from the Owner under fee-farm grant, lease renewable for ever for lives or years, or lease for a term of years of which 60 or more were unexpired on 9th August, 1923, if the Owner anticipates that the rent reserved by such grant or lease, or an apportioned part thereof, may be redeemed under Sections 38 or 39 of the Land Act, 1923 .

To be endorsed with name and address of solicitor, or Owner's address for service.

3. The statement shall be endorsed with the name and registered place of business in the City of Dublin of the Owner' solicitor, or, if the Owner is not represented by a solicitor, with an address within the City of Dublin to be called the Owner's address for service, where notices, orders and other documents may be left for him.

Filing of to entitle Owner to carriage of proceedings.

4. The officer receiving the statement shall endorse thereon the date of filing, which shall be entered in the record of proceedings, and the filing of such statement shall entitle the Owner to the carriage of the proceedings in relation to the distribution of the purchase money of the land comprised therein of which he is the Owner as defined by Order I, unless and until the Judicial Commissioner shall otherwise direct.

Should Owner neglect to lodge, any claimant may apply for carriage or proceedings.

5. Should the Owner neglect to lodge the Statement of Ownership within the period prescribed by Rule 1 of this Order, or such extended period as may be allowed by the Judicial Commissioner, any person having a claim against the land which would attach to the purchase money thereof shall be at liberty to apply to the Judicial Commissioner for the carriage of the proceedings in relation to the distribution of such purchase money, and for liberty to lodge a Statement of Ownership. Should the Judicial Commissioner give the carriage of the proceedings in relation to the distribution of the purchase money to a claimant not being the Owner, then when any duty is imposed by any Rule or Order on the Owner or his solicitor, such Rule or Order shall be construed as if it had imposed such duty on the person having the carriage of such proceedings or his solicitor unless from its nature it should only be discharged by the Owner or his solicitor.

General notice to claimants.

6. Together with the Statement of Ownership there shall be lodged a general notice to claimants in Form 10, which shall be published as may be directed, and a copy thereof shall be transmitted by the Owner or his solicitor through the Notice Office to the several persons named in the statement as entitled to claims which would attach to the purchase money of the land. Provided that should the total purchase money of the land comprised in the statement not exceed £500, any notice to claimants that may be considered necessary shall be prepared, published and transmitted by the Land Commission.

Lodgment of claims.

7. Any person having a claim against land comprised in a Statement of Ownership which would attach to the purchase money of such land, and is not disclosed or is improperly described in such statement, may lodge particulars of such claim in the Examiners' Office. The claim shall be verified by the affidavit of the claimant, or in a proper case by that of his solicitor, and shall be endorsed with the name and registered place of business in the City of Dublin of the claimant's solicitor, or, if the claimant is not represented by a solicitor, with an address for service within the City of Dublin where notices, orders, and other documents in reference to the claim may be left for the claimant. The claim shall be receipted by an Examiner, who, if he considers it to be frivolous, or unnecessary, or improperly drawn, may refuse to receive the same without the order of the Judicial Commissioner, and he shall endorse thereon his reason for refusal. A claim should not be lodged where the claimant's right is contingent, or one which would be sufficiently protected by the entry of an appearance.

Examiner to consider claims filed : costs of same.

8. The Examiner shall note the filing of every claim on the Statement of Ownership, and when ruling the title to the estate shall consider any claims that shall have been filed ; but he may at any time direct a particular claim to be entered before the Judicial Commissioner for ruling. Unless the Judicial Commissioner otherwise directs, a claimant shall be entitled with his demand to the costs of any claim the filing of which the Examiner shall consider to be necessary and reasonable, but no costs shall be allowed in respect of any claim the occasion for the lodgment of which arose by reason of the failure of the claimant to comply with the provisions of Order X.

ORDER X. ASCERTAINMENT OF SUPERIOR INTERESTS AND PERSONS ENTITLED TO CHARGES.

1. In the case of all sales, whether under the Irish Land Acts 1903 and 1909, or the Land Act, 1923 , all persons in receipt of or entitled to any rent, rentcharge, fees, duties, services, or royalties issuing out of, or to be rendered in respect of land comprised in the estate, or to the interest on any charge or incumbrance affecting such land, shall be bound to furnish to the Owner or his solicitor, when so required, such information or evidence (including the particulars of any superior rent payable) as may be necessary for the preparation of the Statement of Ownership or Allocation Schedule. Any person unduly or unreasonably withholding such information shall not be allowed the costs of obtaining payment of his demand, if any, except by order of the Judicial Commissioner.

ORDER XI. REQUISITIONS TO QUIT RENT OFFICE, COMMISSIONERS OF PUBLIC WORKS, AND AS TO TITHE RENTCHARGE.

To be lodged with Statement of Ownership, or forthwith in case of sale under Irish Land Acts, 1903 and 1909.

1. Together with the Statement of Ownership there shall be lodged in duplicate for transmission through the Notice Office requisitions to the Superintendent of the Quit Rent Office and the Commissioners of Public Works in Forms 11 and 12. There shall also be lodged in duplicate a requisition as to tithe rentcharge in Form 13. Provided that should the total purchase money of the land in the statement not exceed £500, any of the above-mentioned requisitions that may be considered necessary shall be prepared and transmitted by the Land Commission. In the case of pending sales under the Irish Land Acts 1903 and 1909, if the notices and requisitions prescribed by Rule 2 of Order II. of the Rules dated 2nd July, 1910, have not been transmitted, the solicitor for the Owner shall forthwith lodge in the Examiners' Office similar requisitions to those above directed.

Owner or his solicitor to furnish documents and evidence.

2. It shall be the duty of the Owner or his solicitor to furnish to the said Superintendent and Commissioners respectively such documents and other evidence as may be necessary to enable them to comply with the requisitions.

ORDER XII. COPIES OF THE Iris Oifigiúil TO BE FILED AND OPEN TO INSPECTION.

1. Copies of the Iris Oifigiúil containing any notices or lists published therein in pursuance of the Land Purchase Acts or any Rule or Order thereunder shall be filed in the Purchase Branch, and shall be open to inspection at any time the offices of the Land Commission are open for the transaction of business.

ORDER XIII. OBJECTIONS TO PROVISIONAL LISTS OF LANDS.

Copies of lists to be transmitted to Owners and tenants.

1. Copies of the provisional lists of the lands which will, if not excluded in consequence of a valid objection, become vested in the Land Commission on the appointed day, together with notice of the manner in which and the time within which the objections may be made to the list by reason of the inclusion or non-inclusion therein of any land, shall be transmitted by the Land Commission through the post to the Owners and tenants of the lands appearing in such lists, in so far as their addresses may be known, or to the solicitors of such of them as may be represented by a solicitor, and to such other persons as shall appear to the Land Commission entitled to notice.

Objection may be lodged within two months of publication of list : form of : notice of.

2. Any person objecting to a provisional list by reason of the inclusion or non-inclusion therein of any land or for any other reason, may lodge his objection within two months after the publication of such list. The objection should be in writing in Form 14, and shall be signed by the objector, or his solicitor, and filed in the Purchase Branch, 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 his or their solicitor or solicitors.

Not less than ten days notice of hearing of objection to be given.

3. Not less than ten days notice of the hearing of an objection to a provisional list shall be served by the Land Commission, personally or by registered post, on the objector and the other person or 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 provisional list 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 15, 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.

ORDER XIV. STANDARD PURCHASE ANNUITY AND PRICE OF UNTENANTED LAND.

Application under Part I. of First Schedule to Land Act, 1923 .

1. An application by a landlord or tenant of a holding subject to a judicial rent fixed by agreement on the reinstatement therein of a tenant, who, or whose predecessor in title, had been evicted therefrom, to have the standard purchase annuity fixed as if the rent were a non-judicial rent, shall be made within two months after the publication of the provisional list of lands which will become vested in the Land Commission comprising such holding. The application shall be in Form 16, and a copy thereof shall be served on the tenant should the landlord be the applicant, or on the landlord should the tenant be the applicant, and the original, with the time and mode of service endorsed, shall immediately after service be lodged in the Purchase Branch.

Agreement fixing standard purchase annuity.

2. An agreement between a landlord and a tenant of a holding subject to a rent other than a judicial rent that the standard purchase annuity shall be the amount therein mentioned, shall be in Form 17, and shall be lodged in the Purchase Branch within two months after the publication of the provisional list of lands which will become vested in the Land Commission comprising such holding.

Notice to be given of standard purchase annuity, or price of untenanted land fixed by Land Commission.

3. When, in default of agreement, the standard purchase annuity in the case of a holding subject to a rent other than a judicial rent, or the price of untenanted land is fixed by the Land Commission, notice of the amount so fixed shall be published in the Iris Oifigiúil, and shall be sent by the Land Commission by registered post to the landlord and tenant of the holding, or to the owner of the untenanted land as the case may be.

Appeal to the Judicial Commissioner.

4. A person wishing to appeal to the Judicial Commissioner from a decision of the Land Commission fixing the standard purchase annuity of a holding, or the price of untenanted land, shall within one month from the date of the publication of the notice of such decision lodge a notice of appeal with the Registrar, which notice may be in Forms 18 and 19, respectively.

If the appeal is from a decision fixing a standard purchase annuity, the notice shall first be served on the landlord should the tenant be the appellant, or on the tenant should the landlord be the appellant, and the notice lodged with the Registrar shall be endorsed with the time and mode of such service.

ORDER XV. RETAINED HOLDINGS.

Lists to be published and notice served on tenants.

1. The Land Commission shall publish from time to time in the Iris Oifigiúil lists of retained holdings as specified in Section 28, sub-section 6, of the Land Act, 1923 , and shall serve the person appearing to be in occupation of a retained holding as tenant, either personally or by registered post, with a notice containing particulars of the holding and the reason for retention.

Objection to inclusion in list of.

2. At any time within one month after the service of the notice prescribed by Rule 1 of this Order the tenant of a retained holding included in any such list may lodge in the Purchase Branch an objection in writing, signed by him, to his holding being so included, and setting forth the grounds of his objection. The Land Commission may either dispose of such objection, or may list it for hearing, giving due notice to the objector or his solicitor personally or by registered post.

Requisition by tenant to Land Commission to resell retained holding or part thereof not resumed.

3. In the case of a retained holding, when the Land Commission decides not to exercise its powers of resumption, it shall notify the fact to the tenant of such holding, and the tenant may, within one month of the date of such notification, lodge in the Purchase Branch a requisition to the Land Commission, which shall be in Form 20, to resell to him such holding at the standard price, and to make him an advance for the purpose of the purchase thereof.

A requisition to the Land Commission by the tenant of a retained holding, part of which has been resumed by the Land Commission, to resell to him any part thereof not resumed at the proportionate part of the standard price applicable thereto, and to make him an advance for the purpose of the purchase thereof, shall be on Form 21, and may be lodged in the Purchase Branch within one month of the date of the order authorising the resumption.

Offer by Land Commission to sell to tenant retained holding or new holding.

4. An offer by the Land Commission to the tenant of a retained holding to sell to him the holding, or a new holding consisting of part of the original holding, or of the whole or part of the original holding and other land, shall be in the Form 22, with such variations as the nature of the case may require. The offer accompanied in the case of a new holding by a map of the land, shall be served on the tenant personally or by registered post, and may be accepted within one month from the date of such service. If not so accepted the tenant shall be deemed to have refused the offer.

Notice to tenant who has refused offer of intention to make order declaring him purchaser.

5. Notice to a tenant of a retained holding who has refused an offer of the Land Commission to sell to him the holding or a new holding, that the Land Commission intends to make an order declaring him to be the purchaser of such holding, shall be in Form 23, with such variations as the nature of the case may require, and shall be served on the tenant personally or by registered post.

Objection by tenant to such order.

6. An objection by a tenant of a retained holding to the Land Commission making an order declaring him to be the purchaser of the holding or of a new holding should be in writing in Form 24, and shall be lodged in the Purchase Branch within one month of the date of the service of the notice of intention to make such order. The Land Commission may either dispose of the objection, or may list it for hearing, giving due notice to the objector or his solicitor personally or by registered post.

Appeal to the Judicial Commissioner from such order.

7. A tenant of a retained holding wishing to appeal to the Judicial Commissioner from an order declaring him to be the purchaser of such holding, or of a new holding, shall, within fourteen days from the date of such order, lodge with the Registrar a notice of appeal in Form 25.

Distribution of compensation payable to tenant on resumption of retained holding by Land Commission.

8. When the Land Commission exercises its powers of resumption of a retained holding, or part thereof, unless the Judicial Commissioner is satisfied that the tenant can give a valid receipt for the compensation payable, he may order the 4½ per cent. Land Bonds representing such compensation to be retained in Court to abide his further order, and thereupon the tenant or other the person claiming to be entitled to such compensation, or his solicitor, shall lodge in the Examiners' office an affidavit in proof of his claim, prepared in accordance with such directions as may be issued by the Judicial Commissioner. The distribution of the compensation shall be in accordance with the provisions of Order XX. (save Rule 5 thereof) in respect of the distribution of purchase money.

ORDER XVI. RESALE OF UNTENANTED LAND TO OWNER.

1. A requisition by the owner of a parcel of untenanted land to the Land Commission to resell such parcel to him shall be in Form 26, and shall be lodged in the Purchase Branch at any time after the publication of a provisional list of lands comprising such parcel and before the appointed day.

ORDER XVII. FISHING RIGHTS AND FISHERIES AND SPORTING RIGHTS.

Particulars of to be lodged with other particulars prescribed by Order VIII. Rule 1.

1. When there are any fishing rights or fisheries appurtenant to land which shall vest in the Land Commission on the appointed day by virtue of the Land Act, 1923 , particulars thereof in Form 27 shall be lodged with the other particulars prescribed by Rule 1. of Order VIII., and shall be verified by the affidavit verifying the last-mentioned particulars.

Notice of price fixed to be published and transmitted.

2. When, in default of agreement, the price of any fishing rights or fishery or sporting rights in respect of untenanted land is fixed by the Land Commission, notice of the price fixed shall be published in the Iris Oifigiúil, and shall be sent by the Land Commission by registered post to the owner or owners of such fishing rights or fishery or sporting rights, so far as he or they may be known, or to his or their solicitor or solicitors.

Appeal to the Judicial Commissioner as to price.

3. A person wishing to appeal to the Judicial Commissioner from a decision of the Land Commission fixing the price of any fishing rights or fishery or sporting rights, shall, within one month after the date of the publication of such decision, lodge a notice of appeal with the Registrar in Form 28.

Proof of title to.

4. If the fishing rights and fisheries or sporting rights are the property of the Owner of the land to which they are appurtenant, they should be included in the Statement of Ownership to be filed by him, and in the abstract of his title to such land : if they are in the nature of a superior interest, title should be proved to the purchase money thereof in accordance with the Rules and Directions dealing with superior interests.

ORDER XVIII. LODGMENT OF DEEDS.

Method of lodgment.

1. Deeds, muniments of title, and other documents to be lodged in Court shall, unless otherwise directed, be lodged in the Record Office of the Land Commission, and the person lodging the same shall bring in two schedules of such documents, one of which will be returned to him receipted by the Keeper of Records. If the documents are being lodged in pursuance of a notice or order, a copy of such notice or order must be produced at the time of the lodgment.

Person having custody must produce or lodge on being served with notice.

2. Any person having the custody of any deed or document relating to land the subject matter of proceedings under the Land Purchase Acts shall, subject as is hereinafter provided, be bound to produce or lodge the same in Court upon being served with notice to do so by the solicitor for the Owner, and he shall be entitled to the costs of producing or lodging same, to be paid by the Owner, or out of the purchase money of his estate : provided that—

(1) A mortgagee, or a person entitled to a superior interest shall not be obliged to part with the instrument creating his security or interest or dealing with it until the order for payment of his demand is made ; but he shall be bound in the meantime to furnish copies thereof, if required, on payment of the ordinary charges, and to produce the originals if required by order of the Court, or if the Examiner shall certify that such production is required for purposes of title, and he shall be allowed his costs of such production with his demand.

(2) A person (not being the Owner or a person having a charge on his estate) having the custody of any instrument as or on behalf of a person entitled to land not the estate of the Owner, of which land such instrument is a muniment of title, shall not be bound to lodge such instrument unless by order of the Judicial Commissioner, but he shall be bound to produce the same to the Examiner on being tendered reasonable costs, and a certificate signed by the Examiner that such production is necessary, and on an appointment being made with the Examiner for inspection.

(3) A person claiming to have a lien on any deed or deeds (but not a person merely having the custody of title deeds as mortgagee under a deed of mortgage) should not lodge such deed or deeds in respect of which he claims a lien unless compelled to do so by order of the Court.

The notice to lodge deeds should follow Form 29, with such variations as the circumstances of the case may require.

Application for order to lodge.

3. Should a person bound to lodge deeds or other documents fail to do so within the time limited by the notice, the solicitor for the Owner may apply exparte for an order on such person to lodge the same, such application to be grounded on the notice to lodge deeds, evidence that such person has the document or documents required in his custody, power or procurement, and that the document or documents are such as he should be bound to lodge, and a certificate from the Keeper of Records of non-lodgment.

Lien on Deeds.

4. Any solicitor or other person who is ordered to lodge deeds or other documents in Court, shall, if he claims to have a lien on such documents, file an affidavit stating the particulars of such lien, and refer to such affidavit in the schedule of documents lodged, otherwise the lien may be disallowed.

The Court may make such order as may be just as to the lien of any person lodging deeds, muniments of title, or other documents, or as to payment of the costs of lodging the same.

Person failing to lodge on being served with notice may forfeit costs.

5. Any person failing without sufficient cause to lodge in Court documents in his possession, power, or procurement relating to land the subject matter of proceedings before the Land Commission, upon being served with notice to do so, may be made liable for the costs of any application to the Court that may become necessary by reason of his default, and he shall not be entitled to any costs of lodgment unless by order of the Judicial Commissioner.

Solicitor for Owner may inspect deeds and get delivery on returnable receipt.

6. During the pendency of any proceedings the Keeper of Records may deliver on returnable receipt to the solicitor for the Owner or other person having carriage of such proceedings any deed, muniment of title, or other document (except verified documents, or Abstracts of Title which have been ruled or transmitted to the Examiners' Office for ruling) which has been lodged in the Record Office in connection with such proceedings.

Provided that :—

(a) The document must be required for the purpose of such proceedings and not otherwise, and the solicitor must so certify in the receipt.

(b) The time limit for return must not exceed 28 days.

(c) In the case of an abstract of title, on re-lodgment the solicitor must certify that it is in the same condition as when he received it, unless it had been taken out for the purpose of amendment, in which case he shall certify it in the form prescribed by the Directions as to the preparation of Abstracts of Title.

(d) The Keeper of Records may in any case in which he deems it expedient require the order of an Examiner before delivery.

Delivery or inspection of.

7. An Examiner shall have authority to order the delivery of documents lodged in the Record Office on an undertaking to return the same being given, or finally ; but the Examiner shall, if he thinks necessary, direct notice of an application for such order to be given. He may also give any person whom he may consider entitled to do so liberty to inspect any document so lodged.

The Keeper of Records shall not, save as aforesaid, or save to an officer of the Land Commission, deliver any deed or document except by order of the Judicial Commissioner.

Unless directed by the Examiner to do so, solicitors should not take out documents from the Record Office on receipt for production to an Examiner, but should apply in the Examiners' Office to have any document requisitioned that the Examiner may require.

ORDER XIX. ABSTRACT OF TITLE AND DRAFT ALLOCATION SCHEDULE.

Lodgment of.

1. In the case of all estates sold under the Irish Land Acts, 1903 and 1909, in which the Abstract of Title has not been lodged, the Owner or his solicitor shall as soon as may be, and not later than one month after the advance of the purchase money or any part thereof, lodge with the Keeper of Records an abstract of the Owner's title.

In the case of land which will become vested in the Land Commission on the appointed day by virtue of the Land Act, 1923 , the abstract shall be lodged within two months after the Statement of Ownership has been filed, and should comprise all lands included in the statement.

Together with the abstract there shall be lodged the original deeds and other muniments of title not theretofore lodged in Court. If the original of any document be not procurable, a copy thereof, or such evidence of its contents as can be obtained, shall be lodged, except in the case of an outstanding mortgage of which the Owner or his solicitor has no copy, and the original of which is available for inspection. There shall also be lodged for settlement by the Examiner a draft Allocation Schedule setting forth the claims affecting the purchase money for the purpose of distribution. A schedule of the documents lodged shall accompany the abstract. The Keeper of Records shall receipt the abstract and transmit same together with the draft Allocation Schedule to the Examiners' Office.

Preparation and verification of.

2. Abstracts of Title and draft Allocation Schedules shall be prepared, and verified by the certificate of the solicitor, in accordance with such directions as may be issued by the Judicial Commissioner from time to time. Should the Owner not be represented by a solicitor the verification shall be by affidavit instead of by certificate.

If land be registered, land certificate, or copy of Folio to be in lieu of abstract of title.

3. If the title to the estate be registered under the Local Registration of Title (Ireland) Act, 1891, the land certificate, if issued, or an attested copy of the Folio shall be lodged in lieu of an abstract of title.

A single instrument may be lodged in lieu of abstract of title.

4. If the title to the estate is comprised in a single instrument other than a will, such instrument may be lodged in lieu of an abstract of title, if accompanied by an affidavit by the Owner or his solicitor to the effect that such instrument constitutes the title to the estate, and that, to the best of the deponent's knowledge, information and belief, such title has not since the date of such instrument been affected by any other instrument, or by the process of any Court, or the happening of any event, or otherwise.

Abstract of title dispensed with where purchase money does not exceed £100.

5. If the purchase money of all the land comprised in a Statement of Ownership shall not exceed £100 the lodgment of an Abstract of Title shall be dispensed with, but the Owner or his solicitor shall furnish such documents and evidence as the Examiner may require.

ORDER XX. DISTRIBUTION OF PURCHASE MONEY.

If exceeding £50 to be placed on deposit receipt unless otherwise directed.

1. Any sum representing purchase money paid into the Bank of Ireland which shall exceed £50 shall be placed on deposit receipt unless and until the Judicial Commissioner shall otherwise direct, but the Owner or his solicitor may at any time make application in writing at the Registrar's Office to have the purchase money or any portion thereof invested in any other manner authorized for the investment of trust funds.

Distribution to be by the Judicial Commissioner.

2. The purchase money of lands sold under the Land Purchase Acts shall be distributed by the Judicial Commissioner, and all applications in relation thereto, or to the income arising therefrom, shall be made to him.

Distribution to be on Allocation Schedule unless otherwise directed.

3. The distribution of the purchase money shall be made upon the Allocation Schedule save so far as the Judicial Commissioner may otherwise direct.

Claims may be vouched and paid before completion of Allocation Schedule.

4. With a view to the speedy discharge of claims affecting the purchase money the Examiner may settle, and have engrossed and lodged by the Owner or his solicitor, a portion of the Allocation Schedule setting out any particular claim or claims, and he may, on notice to such person or persons, if any, as may appear to him to be entitled to notice by reason of having entered an appearance or otherwise, vouch any claim which he finds to affect the purchase money, and the payment of which could, in his opinion, safely be made before the ruling of the said schedule without prejudicing the claim or priority of any other person, and may direct the case to be entered before the Judicial Commissioner for payment of the claim so vouched.

Owner or his Solicitor to have quit rents, tithe rentcharges and Board of Works charges redeemed without waiting for title to ruled.

5. As soon as the purchase money of an estate has been paid into the Bank of Ireland, or land has become vested in the Land Commission on the appointed day, it shall be the duty of the Owner or his solicitor, without waiting for the title to be ruled, forthwith to obtain the necessary receivable orders to enable the redemption under the preceding rule of any quit, crown, or composition rent, tithe rentcharge or instalments in lieu thereof payable to the Land Commission, or Board of Works charge returned in the official certificates as affecting the estate or land, the liability for which is admitted, and the payment of which could, in the opinion of the Examiner, safely be made before the ruling of the Allocation Schedule, and to take all necessary steps to have the same redeemed.

Claimants may apply exparte to Examiner to vouch under Rule 4.

6. Any person having a claim against the purchase money of an estate which has been paid into the Bank of Ireland, or in respect of land which has become vested in the Land Commission on the appointed day, whether as owner of a superior interest, charge or incumbrance, or otherwise, and who is in a position to prove his claim, and show either that such claim is a first charge against the purchase money, or the particulars of all claims having priority, may apply exparte to the Examiner to vouch such claim under Rule 4 of this Order, and the Examiner may give such directions as may appear necessary having regard to the state of the proceedings and the circumstances of the case, or he may postpone the application until the general vouching or an earlier date.

Allocation Schedule to be listed for ruling by the Judicial Commissioner.

7. The Allocation Schedule when settled, or when completed if portion thereof has already been settled and lodged under Rule 4 of this Order, shall be listed for ruling before the Judicial Commissioner.

Final notice to claimants.

8. Contemporaneously with the filing of the Allocation Schedule a final notice to claimants shall, unless dispensed with as hereinafter provided, be prepared by the Owner or his solicitor and settled by the Examiner : it shall be in such form as the Judicial Commissioner may from time to time direct, with such variations as the nature of the case may require, and shall be served on the following persons unless otherwise directed :—

(a) all persons named as claimants on the schedule save those (if any) whose claims have already been discharged thereon.

(b) all persons who have filed claims which have not been finally adjudicated upon.

(c) all persons who have lodged deeds subject to lien.

(d) all persons who have entered appearances which have not been cancelled or withdrawn.

It shall also be served on such other persons, and shall be published in such manner as may be directed. The final notice to claimants may be dispensed with in any case in which the Examiner is of opinion that no service or publication is necessary.

Objections to Allocation Schedule.

9. When a final notice to claimants has been issued any person may file an objection to the Allocation Schedule within the time specified in the notice, which objection shall state the facts and documents relied on in support thereof, and shall be verified by the affidavit of the objector, or, if the Judicial Commissioner permits, of his solicitor. Notice of every objection must be served at the time of the filing thereof on the Owner or his solicitor, and on the persons affected thereby ; and on the ruling of the schedule such objection shall be heard.

Vouching of Allocation Schedule.

10. Unless by reason of the lodgment of an objection to the Allocation Schedule, or for any other reason the Examiner requires the Judicial Commissioner's direction before vouching, he shall, as soon as the time for lodging objections has expired, cause the case to be entered in his list for the vouching of the several claims appearing on such schedule with a view to the distribution of the funds on the day on which the schedule shall be ruled.

Vouching of service of final notice to claimants.

11. Not less than three days before the day appointed for the vouching or ruling of the schedule, whichever be the earlier date, the Owner or his solicitor shall attend at the Examiners' Office for the purpose of vouching the services and publications of the final notice to claimants, and shall lodge such certificates and other documents as may be directed.

Rulings on Allocation Schedule.

12. The rulings of the Judicial Commissioner made on the hearing of the Allocation Schedule may be entered on the schedule in a column reserved for that purpose, but the Registrar shall at the instance of any party interested prepare an order in conformity with any such ruling.

Summary application for distribution under Sect. 24 (11) of Act of 1903.

13. An application by the Owner or other claimant that the purchase money or any part thereof shall be dealt with under the powers conferred by section 24, sub-section 11, of the Irish Land Act, 1903, shall be on foolscap paper with sufficient margin, shall state the order asked for, and the circumstances and evidence relied on by the applicant as entitling him to such order, and shall be signed by the applicant or his solicitor.

The application, together with any evidence therein referred to, shall be lodged with the Examiner for his report which shall certify

(a) whether the applicant has, in his opinion, used due and reasonable diligence in inquiring into the interests or claims affecting the money ;

(b) the evidence adduced before him of the title to the said money ;

(c) whether any person should receive notice of the application ;

(d) such other matters, if any, as may seem to him proper to submit for the consideration of the Judicial Commissioner.

The application, together with the report thereon, shall be filed in the Registrar's Office, and listed for hearing before the Judicial Commissioner on notice to such persons, if any, as may be named in the report as entitled to notice. The Judicial Commissioner may, if he thinks fit, dispense in any case with a report.

Satisfaction of claims not specifically provided for.

14. The Judicial Commissioner may ascertain the amount and value, and award a specified sum of money, or 4½ per cent. Land Bonds, as the case may be, in discharge, redemption or satisfaction of any claim upon the purchase money in respect of any estate, right, title or interest of any person affecting such purchase money or any part thereof (the discharge, redemption and satisfaction of which is not otherwise provided for) and may generally make such order as to any such claim as may be just.

Certificate of funds to be produced on vouching or application for payment.

15. Upon every vouching or application for payment a certificate of funds signed by the Accountant shall be produced.

ORDER XXI. SUPERIOR INTERESTS. I. Apportionment.

Apportionment of tithe rentcharge and instalments in lieu thereof payable to the Land Commission.

1. Applications for the apportionment of tithe rentcharge payable to the Land Commission, and of fixed annual instalments payable in lieu thereof, shall be made in Forms 30 and 31 respectively, and shall be lodged in the Church Property Department of the Land Commission.

Apportionment of land improvement and drainage charges.

2. Applications for the apportionment of land improvement, or drainage charges payable to the Commissioners of Public Works shall be made to such Commissioners, and the Examiner shall, if necessary, issue a requisition for that purpose. It shall be the duty of the Owner or his solicitor to furnish such evidence and documents as may be required for the apportionment.

Applications for apportionment of other superior interests to be grounded on statement of facts.

3. Applications for the apportionment of impropriate tithe rentcharges, rents, fees, duties, services, rentcharges, or annuities, shall be made by motion on notice to the owner of the superior interest to be apportioned and the person liable for the payment of the same, and shall be grounded upon a statement of facts. Application should not be made for the apportionment of any superior interest which can be dealt with under section 62 of the Irish Land Act, 1903.

Preparation and lodgment of statement of facts.

4. The statement of facts shall be verified by the Owner, or his solicitor, or by such other person acquainted with the facts as the Judicial Commissioner may permit, and shall be fairly written on post paper, with sufficient margin, and filed in the Registrar's Office. If the superior interest to be apportioned be contributed by the owners of the lands subject thereto in certain proportions, and it is proposed to apportion in like manner, the particulars of the origin of such contribution, whether under a partition or otherwise, should be set forth in the statement.

The statement shall be accompanied by, and refer to an Ordnance map, showing the entire lands out of which the superior interest to be apportioned is payable, and the portions between which it is proposed to apportion the same, unless the lands can be sufficiently identified without reference to a map : it shall also be accompanied by a certificate of the tenement valuation.

Statement of facts may be dispensed with.

5. An application for the apportionment of a superior interest grounded upon a consent may be entertained without lodgment of a statement of facts, provided that the Examiner certifies on the consent that the same is in proper form, and that he is satisfied as to the identity of the lands out of which the superior interest issues, the persons liable for payment of the same and the proportions in which they contribute, that the owner of the superior interest has vouched his title thereto, and that the consent has been duly signed by all necessary parties. In any case in which the Examiner considers the evidence to be insufficient without lodgment of a statement of facts he shall refuse to give a certificate.

When application for apportionment should be made.

6. When the application for apportionment is grounded upon a consent certified by the Examiner it may be made at the ruling of the Allocation Schedule, and the Examiner may note the consent on such schedule. In other cases the order for apportionment should be obtained before the settlement of the Allocation Schedule.

Draft of apportionment order to be furnished if required : sealed counterparts to be issued to parties.

7. The person at whose instance an order for apportionment has been made shall, if required, furnish a draft of such order and the same shall be settled by the Registrar. A sealed copy of the order, written or printed on stout handmade paper or parchment, shall, if applied for, be issued free of charge to the owner of the superior interest, and to the owner of any land upon which any portion of such superior interest not intended to be redeemed has been apportioned.

Memorandum of apportionment to be endorsed on instrument creating superior interest.

8. A memorandum of the apportionment shall be endorsed by the Registrar upon the instrument, if any, creating the superior interest if such instrument be forthcoming.

Forms of statements of facts.

9. Statements of facts for the apportionment of impropriate tithe rentcharges shall follow Form 32 ; for the apportionment of rents, fees, duties, or services shall follow Form 33 ; and for the apportionment of rentcharges or annuities shall follow Form 34 ; with such variations and additions in each case as the circumstances may require.

Instrument creating rent, rentcharge, or annuity to be lodged with statement.

10. When application is made for the apportionment of any rent, fees, duties or services, or of a rentcharge or annuity, a copy of the instrument creating the superior interest to be apportioned shall be lodged with the statement of facts, unless such instrument or a copy thereof be already lodged in Court.

II. Exclusive charge of, or distribution without regard to.

11. An application to have purchase money distributed without regard to a superior interest or any part thereof, or for an exclusive charge in pursuance of Section 62 of the Irish Land Act, 1903, shall be made by motion to the Judicial Commissioner, and, unless grounded upon a consent, shall be on notice to the owner or person in receipt of such superior interest, and to the owner or owners of the lands out of which the same is paid or upon which it is proposed to exclusively charge the same : provided that the Judicial Commissioner may, if he thinks fit, dispense with service of notice upon any person. The application should be made on the day on which the Allocation Schedule shall be listed for ruling before the Judicial Commissioner unless by direction of the Examiner, or for some sufficient reason the application is made at an earlier date. A copy of the order, when made, shall on application be issued free of charge to the owners of the superior interest and of the lands out of which same is thereafter to be paid.

III. Redemption.

General order for redemption to be endorsed on Allocation Schedule.

12. Before signing the final notice to claimants or as soon after as is practicable the Examiner shall obtain from the Judicial Commissioner a general order, to be endorsed on the Allocation Schedule, for the redemption of all superior interests appearing as claims on such schedule which, in the opinion of the Examiner, must necessarily be satisfied by redemption : provided that the Judicial Commissioner may, on the application of any person interested, to be made on or before the day fixed for the ruling of the said schedule, rescind or vary such order for redemption in respect of any superior interest thereby affected.

Application for redemption of other superior interest to be by motion on notice.

13. The application for an order for the redemption of any other superior interest, or any apportioned part thereof, shall be made by motion, and if made by the person entitled thereto shall be on notice to the Owner of the estate, and if made by such Owner shall be on notice to the reputed owner of such superior interest. Service must also be made on such other persons as may have entered appearances requiring notice of such an application, or as would appear to be affected by such redemption.

Limit of time during which price may be fixed by agreement.

14. The time within which the redemption price of a superior interest may be determined by agreement between the parties shall be, in the case of a superior interest ordered to be redeemed in pursuance of Rule 12 of this Order, any time before the day fixed for the ruling of the Allocation Schedule ; and, in other cases, within fourteen days from the date of the order for redemption.

Receivable orders to be lodged for redemption of Government charges.

15. When any quit, crown, or composition rent, crown reversion, tithe rentcharge payable to the Land Commission or fixed annual instalments in lieu thereof, or Board of Works charge is being redeemed, the Owner or his solicitor should lodge with the Examiner for the vouching of the Allocation Schedule a receivable order issued from the proper office to enable the redemption price and arrears, if any, to be lodged to the proper account in the Bank of Ireland. Such receivable order shall specify separately the redemption price, the arrears, if any, and the income tax, if any, to be deducted from such arrears, and shall allow a sufficient time for lodgment.

Undertaking to apply redemption price of superior interest as capital money.

16. When the redemption price of a superior interest, or of an apportioned part thereof, exceeds thirty pounds but does not exceed one hundred pounds, the undertaking to be given by the person in possession or in receipt of the income of the superior interest, or by the trustees to be appointed or approved by the Land Commission, to apply such redemption price as if it were capital money arising under the Settled Land Acts, 1882 to 1890, shall be in writing under his or their hand or hands in Form 35. Where there is a vouching affidavit by the person or persons giving the undertaking, the same shall be embodied in the affidavit.

Affidavit of title to superior interest.

17. When a superior interest, other than those mentioned in Rule 15 of this Order, is of such a nature that it will necessarily be redeemed by the payment of a capital sum, and the redemption price would, on the basis of the prices for the time being fixed by the Judicial Commissioner for similar claims, exceed £100, and such redemption price will not be applicable in its entirety towards the extinguishment of a superior rent, the person claiming to be entitled to such superior interest or his solicitor shall, at latest within two months from the date hereinafter mentioned, lodge in the Examiners' office an affidavit in proof of his claim, prepared in accordance with such directions as may be issued by the Judicial Commissioner. The period of two months shall run, in the case of a superior interest affecting an estate sold under the Irish Land Acts, 1903 and 1909, from the date of the payment of the purchase money of such estate into the Bank of Ireland ; and in the case of a superior interest affecting land which will become vested in the Land Commission on the appointed day by virtue of the Land Act, 1923 , from the publication of the final list containing such land or the appointed day, whichever be the earlier date.

Provided the Examiner may, on application made to him before the expiration of the said period, by certificate under his hand extend the time for lodgment to a specified date, stating the reason for such extension, and such certificate shall be lodged with the Registrar.

Price of superior interest may be placed to separate credit and invested.

18. If by reason of incumbrances affecting a superior interest, or for any other reason, the price or compensation payable in respect thereof cannot be distributed at the general allocation, the Judicial Commissioner may order such price or compensation to be paid into the Bank of Ireland to such credit as he may direct, and may make such order as may be just as to the investment thereof, and as to the payment of the dividends and interest thereon pending its distribution.

Memorandum of redemption of superior interest to be endorsed on instrument creating same.

19. Except in the case of the superior interests mentioned in Rule 15 of this Order, a memorandum of the redemption of a superior interest or of any apportioned part thereof shall be endorsed by the Registrar upon the instrument, if any, creating such superior interest, unless such instrument be retained in Court, or is not forthcoming.

ORDER XXII. REDEMPTION OF RENTS, SUPERIOR INTERESTS AND CHARGES UNDER SECTIONS 38 AND 39 OF THE LAND ACT, 1923 .

I. Redemption of Rents under Section 38.

Application for advance for redemption.

1. An application under section 38 of the Land Act, 1923 , by a proprietor of a parcel of untenanted land situate in a non-congested district for an advance for the purpose of redeeming a rent shall be on foolscap paper in Form 36, shall be verified by the affidavit of such proprietor, shall be accompanied by a portion of the Ordnance Survey map showing in colour the external boundary of the parcel of untenanted land, and also that of any other land comprised in the grant or lease reserving the rent, and shall be filed in the Registrar's Office.

Certificate of Examiner that applicant has produced evidence of ownership to be obtained.

2. Before filing the application the proprietor or his solicitor shall obtain from the Examiner a certificate (to be endorsed on the application) to the effect that the proprietor has produced evidence that he is prima facie the owner of the land comprised in the grant or lease reserving the rent, or of the specified portion of such land as stated in the application, and, for that purpose, shall produce to the Examiner any deed or other instrument referred to in the application, and such other evidence as the Examiner may require. An application shall not be filed without the certificate except by order of the Judicial Commissioner.

Application for order for redemption to be by motion on notice.

3. When the application has been filed the proprietor may apply to the Judicial Commissioner by motion on notice for an order for redemption, or for apportionment and redemption of a proportionate part should apportionment be necessary. The notice shall be served not less than three weeks before the date of hearing on the owner of the rent, and on all persons named in the application as entitled to any superior rent or to land, not the property of the proprietor, which is subject to the rent. A copy of the application for the advance shall be served on the owner of the rent together with the notice of motion.

Proceedings towards distribution when land is included in Statement of Ownership filed.

4. If the land out of which the rent issues has been included in a Statement of Ownership filed by the owner of such rent, the redemption price may be distributed as part of the purchase money of the land comprised in such statement, and the Judicial Commissioner may ascertain and declare the proportion of the costs of making title and of proceedings common to other land comprised in the statement, as well as that out of which the rent issues, to be considered as applicable to the distribution of the redemption price.

Proof of title to redemption price where rent, or aggregate rents exceed £150.

5. If the land out of which the rent issues has not been included in any such Statement of Ownership, and the rent, or the aggregate of the rents the subject matter of proceedings under the said section 38 held by the same owner under a common title exceeds £150, the owner of such rent or rents, or his solicitor shall within two months from the date of the order for redemption, or the first of such orders if more than one, lodge a Statement of Ownership and Abstract of Title and draft Allocation Schedule as if the land out of which such rent or rents issued were land to become vested in the Land Commission on the appointed day, and the subsequent proceedings towards distribution shall be in accordance with the Rules and Directions regulating the distribution of the purchase money of land so to become vested in the Land Commission, in so far as such Rules and Directions are applicable : provided that the Examiner may, on application made to him before the expiration of the said period of two months, by certificate under his hand extend the time for lodgment of the Statement of Ownership, or Abstract of Title and draft Allocation Schedule to a specified date, stating the reason for such extension, and such certificate shall be lodged with the Registrar.

Proof of title in cases not coming within Rules 4 or 5.

6. In any case not coming within Rules 4 or 5 of this Order the owner of the rent or his solicitor shall within two months (subject to extension on the certificate of the Examiner) from the date of the order for redemption, lodge in the Examiners' Office an affidavit of title in accordance with the Rule and Directions regulating the proof of title to superior interests as if the rent redeemed were a superior interest.

II. Redemption of Superior Interests and Charges under Section 39.

Application for to be by motion on notice.

7. An application to the Judicial Commissioner under section 39 of the Land Act, 1923 , for an order for redemption of a superior interest or charge subject to which a holding has been vested in a purchaser under the Land Purchase Acts, shall be made by the registered owner of such holding by motion on not less than three weeks notice to the owner of the superior interest or charge to be redeemed, and shall be grounded on an affidavit and an office copy of the Folio of the Register of Titles evidencing the title of such registered owner to the holding.

Unless the name of the owner of the superior interest or charge is disclosed on the said Folio, the affidavit shall contain such particulars of the ownership of such superior interest or charge as the registered owner, or his solicitor has been able to ascertain.

If the application is for redemption of a rent, the affidavit must also state the particulars of any superior rent or rents, the instruments, if any, creating the same, and the name and address of the owner of any such, in so far as the registered owner or his solicitor has been able to ascertain such particulars, and notice must also be served upon the owner of any such superior rent : if there is no superior rent the fact should be stated.

Affidavit of title to superior interest or charge to be lodged.

8. The owner of the superior interest or charge, as also the owner of any superior rent who has had notice of the application, shall within two months from the date of the order for redemption lodge in the Examiners' office an affidavit in proof of his claim : provided that the Examiner may, on application made to him before the expiration of the said period, by certificate under his hand extend the time for lodgment to a specified date, stating the reason for such extension, and such certificate shall be lodged with the Registrar.

Heading and entitling of documents.

9. The notice of motion and all affidavits, orders and other documents in relation to proceedings under Section 39 of the Land Act, 1923 , shall be headed " Court of the Irish Land Commission," and entitled " In the Matter of Section 39 of the Land Act, 1923 , and of a superior interest [or charge] affecting the lands of      in the Barony of   and County of      the subject matter of Folio  of the Land Registry."

III. Making of Advance and Distribution, of Redemption Price in proceedings under Sections 38 or 39.

Allocation Schedule.

10. When the Examiner's requisitions, if any, as to title have been complied with, unless the redemption price can be distributed on an Allocation Schedule already lodged, an Allocation Schedule for distribution of the redemption price shall be settled, and when the claims appearing thereon have been vouched before the Examiner, it shall be listed before the Judicial Commissioner for ruling.

Rent to be paid up to date of distribution.

11. The proprietor of the parcel or registered owner of the holding, as the case may be, shall on or before the vouching produce to the Examiner evidence of the payment of all arrears of the rent, superior interest or charge to be redeemed, and of the proportionable part thereof up to the date of distribution, or shall give security to the owner of such rent, superior interest, or charge for such payment, and, in default, the Judicial Commissioner may dismiss the application for the advance or redemption, and order such proprietor or registered owner to pay the costs of all parties to the proceedings.

Making of advance and charging order.

12. When the Allocation Schedule has been ruled by the Judicial Commissioner, the amount of the advance to be made for the redemption and costs shall be ascertained and distributed, and an order shall be made charging the land with the repayment thereof.

Redemption price may be paid into Court in case of delay.

13. Should the owner of the rent, superior interest, or charge fail to lodge the proofs required by Rules 5, 6, or 8 of this Order within the period limited for lodgment of the same respectively, or should there be undue delay on the part of such owner or his solicitor in the proceedings towards distribution of the redemption price, the Judicial Commissioner may, on application made by or on behalf of the proprietor of the parcel, or registered owner of the holding, as the case may be, ascertain the amount of the advance, and order the 4½ per cent. Land Bonds representing the redemption price, or so much thereof as cannot be distributed, to be retained in Court to such credit as he may direct to abide further order, and thereupon an order shall be made charging the land with the repayment of the advance.

Particulars, or certificate to be transmitted to the Registering Authority.

14. As soon as the advance is made the particulars for the registration of the proprietor's ownership to the parcel of land in the case of the redemption of a rent under section 38, or a certificate of the redemption and of the making of the charging order for entry on the Register of Titles in the case of the redemption of a superior interest or charge under section 39, shall be transmitted by the Registrar of the Land Commission to the Registering Authority.

ORDER XXIII. DISTRIBUTION OF THE PROCEEDS OF THE SALE BY THE LAND COMMISSION OF A HOLDING WHICH IS SUBJECT TO A PURCHASE ANNUITY, OR IS SOLD TO REALIZE MONEY DUE TO THE LAND COMMISSION.

Lodgment of money.

1. All moneys received in respect of any sale by the Land Commission of a holding which is subject to a purchase annuity or is sold to realize money due to the Land Commission in respect of interest on purchase money, compounded arrears of rent, or payment in lieu of rent shall be lodged by the Solicitor to the Land Commission to a credit to be entitled " In the matter of section 38 of the Land Law (Ireland) Act, 1896, and section 55 of the Irish Land Act, 1903, and of the proceeds of the sale of the holding of [here state in full the name of the person who at the date of the sale was the registered or last known owner of the holding] in the lands of   , Barony  , County      ."

Payment of money due to Land Commission and investment of surplus.

2. The Solicitor to the Land Commission shall as soon as possible obtain from the Judicial Commissioner an order for the payment of all moneys due to the Land Commission in respect of the holding, including all expenses incurred in relation to the sale or otherwise, and if there be a surplus after such payment, and such surplus shall amount to fifty pounds or upwards, it shall without further order be placed on deposit receipt in the Bank of Ireland. If, at the expiration of six months from the date of lodgment, the surplus proceeds of the sale of any such holding remaining undistributed amounts to ten pounds or upwards, such surplus, together with the interest thereon if the money shall have been placed on deposit receipt, shall without further order be invested in such manner as the Judicial Commissioner shall from time to time direct, and the dividends thereon shall be invested in like manner from time to time whenever they shall amount to the sum of ten pounds or upwards.

In case of surplus, " Solicitor's Schedule " to be transmitted to Examiner.

3. If the sum realized by the sale is in excess of the sum due to the land Commission when the Solicitor to the Land Commission has obtained the order for payment of all moneys due to the Land Commission, he shall transmit to the Examiners' Office a form to be called " The Solicitor's Schedule " specifying the date of the sale, the nature of the default in payment or other circumstances which occasioned such sale, the amount realized, the particulars of the payments made, the amount of the surplus, and a reference to the agreement for purchase, estate, matter or proceeding under or in which the liability to the Land Commission in respect of the holding originated.

When the holding is subject to a purchase annuity the Solicitor to the Land Commission shall obtain and transmit with the Schedule an office copy of the Folio of the Register of Titles evidencing the title to the holding as such Folio stood at the date of the sale.

Solicitor to Land Commission to notify parties interested of surplus.

4. The Solicitor to the Land Commission shall without delay notify the amount of the surplus proceeds to all such persons as may appear from the Register of Titles, or otherwise to be entitled to or interested in such surplus, and refer them to Rule 5 of this Order.

Claimants to prove before Examiner.

5. To obtain payment out of Court of the surplus proceeds of sale after payment of all moneys due to the Land Commission, the claimant shall attend before the Examiner in person, or by solicitor, to prove his claim, and for that purpose shall file an affidavit which shall state as concisely as is compatible with clearness the title to, and particulars of the incumbrances and other claims (if any) affecting the fund in Court, and shall refer to the deeds and other muniments of title on which the claimant relies, and he shall produce the same to the Examiner in so far as they are within his procurement, and, if the claimant be entitled to the entire fund, the affidavit shall state specifically that he is so entitled, and that there is not any other person to his knowledge or belief who has or claims any estate, right, title, or interest in the fund or any part thereof, or, if there be any such person, the nature of the claim of such person shall be stated : provided that—

(a) when such surplus proceeds does not exceed thirty pounds, and it appears from the Register of Titles as it stood at the time of the sale by the Land Commission that the claimant would be entitled to such surplus, the affidavit of title may be dispensed with ; and

(b) when such surplus proceeds is under ten pounds and it appears from the said Register that the claimant would be entitled thereto subject to unascertained equities (if any) arising from his interest being a graft on the previous interest of the tenant in the holding, the ascertainment of such equities, and the affidavit of title may be dispensed with.

Allocation.

6. The Examiner shall make such requisitions as may be necessary, and he may require an allocation schedule to be brought in for settlement according to the practice of the Court, and, if there be more claimants than one, he may, subject to any order that may be made by the Judicial Commissioner on the application of a claimant, give the carriage of the proceedings towards distribution to such claimant as he shall think fit. When a claimant has proved his title to the satisfaction of the Examiner, the latter shall list the case before the Judicial Commissioner for payment.

Unless the Examiner considers the lodgment of an allocation schedule to be necessary, he should make his report as to the proper allocation of the fund on the Solicitor's Schedule, and the Judicial Commissioner's orders for payment should be made on the same document.

Disposal of documents.

7. When a case is entered before the Judicial Commissioner for payment the Solicitor's Schedule shall be filed in the Registrar's Office, and the office copy of the Folio of the Register of Titles, and any deed or other document which the Examiner requires to be retained shall be lodged in the Record Office.

Entitling of documents.

8. All notices, affidavits, consents and orders in proceedings under this Order shall be headed " Court of the Irish Land Commission," and shall be entitled as in Rule 1 of this Order.

ORDER XXIV. APPOINTMENT OF TRUSTEES FOR THE PURPOSES OF THE SETTLED LAND ACTS, 1882 TO 1890.

To be by motion on notice.

1. Applications for the appointment of trustees for the purposes of the Settled Land Acts, 1882 to 1890, shall be made by motion on notice to the Judicial Commissioner as in Form 37, with such modifications as the circumstances of the case may require.

Procedure to be otherwise, as in Chancery Division.

2. The procedure shall otherwise be in accordance with the General Rules and Orders and practice heretofore in force and followed in similar applications to the Chancery Division of the High Court, in so far as such rules, orders, and practice may be applicable.

Application to extend order appointing.

3. When an order has been made by the Court appointing trustees of a settlement for the purposes of the Settled Land Acts, 1882 to 1890, application may be made exparte to appoint the same persons trustees of the same settlement for the purposes of the same Acts in respect of the purchase money of other land or the redemption price of superior interests subject to the same trusts of the same settlement on production of the previous order, the rulings on title with a ruling or certificate of the Examiner to the effect that the application is a proper one and a consent by the trustees to act as such in respect of the additional funds.

ORDER XXV. RELIEF OF TRUSTEE IN CASE OF BREACH OF TRUST.

1. An application by a trustee for relief in pursuance of subsection 4 of section 51 of the Irish Land Act, 1903, shall be made by motion to the Judicial Commissioner upon notice to the person or persons appearing to be directly affected by the breach of trust, and shall not be moved sooner than seven clear days after the date of the service thereof :provided always that the Judicial Commissioner may, if he think fit, dispense with service of notice on any person, and may likewise direct notice to be given to any person or persons whom he considers should have notice, and may award costs to the applicant, or to any other person appearing, and direct by whom, or out of what fund such costs are to be paid.

ORDER XXVI. MOTIONS AND ORDERS.

Applications to the Judicial Commissioner to be by motion.

1. Applications to the Judicial Commissioner shall, unless otherwise directed by Rule, be made by motion.

Certificate of appearances to be produced at hearing.

2. In the case of a motion on notice, a certificate of the appearances entered in the matter shall be produced at the hearing of such motion.

What notice to be given.

3. There shall be at least three days between the service of a notice of motion and the day on which the same is heard, and, if the notice be served outside the city of Dublin, there shall be at least five days.

Exparte motions.

4. If the application be made exparte, the applicant shall lodge with the Registrar a docket stating the nature of the application, and referring to the documents, or other evidence, upon which the same is grounded.

Orders to be signed by Registrar.

5. All orders shall, unless otherwise directed by Rule, be signed by the Registrar.

ORDER XXVII. CAUSE AGAINST CONDITIONAL ORDER.

Person showing cause to serve notice.

1. Any person desiring to show cause against a conditional order must enter an appearance, and serve on the Owner and on the person on whose application such order was obtained, or on their respective solicitors, a notice of cause referring to any affidavit or other document on which he relies.

Cause to be allowed, unless motion made to disallow.

2. Unless the person at whose instance such order was obtained, shall, within the time specified in the conditional order, or within four days thereafter, serve a notice of motion to make the same absolute, the person showing cause may have a rule entered in the Registrar's office allowing his cause ; and on such rule being entered he may proceed to tax his costs of resisting such conditional order.

Making conditional order absolute.

3. If no cause be shown within the time specified, or if the cause be disallowed, the solicitor for the person who obtained the order shall attend in the Registrar's office to prove the services of the conditional order, and that no cause has been shown, or that the cause had been disallowed, and thereupon the Registrar shall, except in the case of an order for attachment, proceed to make up the absolute order.

ORDER XXVIII. QUESTIONS OF LAW AND APPEALS.

Submission of question of law to the Judicial Commissioner.

1. A Commissioner or Commissioners desiring to submit a question of law for the hearing and determination of the Judicial Commissioner may by ruling refer the proceedings to the Judicial Commissioner for the purpose of having the question determined, or, in a case signed by him or them, state the question of law to be determined ; and shall give such directions as to the service of notice as may be necessary.

Appeal : notice of.

2. An appeal from the decision of a Commissioner or Commissioners shall be brought by notice of motion within fourteen days from the date of such decision. The notice shall be served upon all parties directly affected by the appeal, and it shall not be necessary to serve parties not so affected.

The Judicial Commissioner may direct notices to be served.

3. The Judicial Commissioner may direct notice of appeal, or of an application to determine a question of law, to be served on all or any parties to the proceedings, or upon any person not a party, and in the meantime he may postpone or adjourn the hearing upon such terms as may be just ; and he may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.

Amendment of notice of appeal.

4. Any notice of appeal may be amended at any time as the Judicial Commissioner may think fit. Additional evidence may be used on the hearing of the appeal, or on the reconsideration of the order of a Commissioner, when an order giving liberty to do so has been made on a special application for that purpose to the Judicial Commissioner.

Listing of appeal and notification.

5. An appeal to the Judicial Commissioner shall not, except by consent of the parties, be listed for hearing until after the expiration of fourteen days from the lodgment of the notice of appeal with the Registrar, and the date of such hearing shall be notified by the Registrar through the post to the parties or their solicitors.

ORDER XXIX. SEQUESTRATION AND ATTACHMENT.

Obedience to order may be enforced by attachment or sequestration.

1. The Judicial Commissioner may, to enforce obedience to any order, cause an order of attachment or sequestration to issue against any party in default.

I. Sequestration.

In the case of disobedience to an order, an order of sequestration may issue.

2. Where any person is by any order directed to pay money into Court, or to do any other act within a limited time, and after due service of such order, refuses or neglects to obey the same according to the exigency thereof, the person prosecuting such order shall, at the expiration of the time limited for the performance thereof, be entitled to apply exparte to the Judicial Commissioner to issue an order of sequestration against the estate and effects of such disobedient person. Such order shall have the same effect as a writ of sequestration in the Chancery Division of the High Court has heretofore had, and the proceeds of such sequestration may be dealt with in the same manner as the proceeds of writs of sequestration have heretofore been dealt with by the said Chancery Division.

Method of obtaining : form of.

3. Any person entitled to an order of sequestration under the preceding rule shall, before issuing the same, apply to the Registrar to approve of one or more sequestrators, and to obtain directions as to his or their security and accounting. On a certificate from the Registrar of the approval of such person or persons the order may issue directed to such person or persons in Form 38, and it shall be sealed with the seal of the Land Commission and signed by the Registrar.

One sequestrator shall be named.

4. One sequestrator only shall be named in the order, unless the Judicial Commissioner shall otherwise direct.

Sequestrator to give security.

5. Every sequestrator shall enter into security by recognizance or otherwise, as the Judicial Commissioner shall direct, and the amount and nature of such security shall be directed, and the securities approved of by the Registrar, upon the application mentioned in Rule 3 of this Order, or by the Judicial Commissioner. A sequestrator shall not enter upon the execution of the order until he has obtained a memorandum signed by the Registrar, that he has duly perfected his security.

Sequestrator to account.

6. Every sequestrator shall be bound to account before the Registrar, as shall be directed upon his appointment, or at any time by the Judicial Commissioner, and not less than once in every year, unless the Judicial Commissioner shall otherwise direct.

II. Attachment.

To be applied for on notice.

7. No order of attachment shall be issued without the leave of the Judicial Commissioner, to be applied for on notice to the party against whom the attachment is to be issued.

Form of attachment or committal.

8. Every order of attachment and order of committal for contempt shall be headed " Court of the Irish Land Commission, Land Purchase Acts, " and, if issued in consequence of disobedience to an order, shall be entitled in the matter in which such order was made. The order of attachment or of committal shall be directed to the sheriff of the county where the party to be attached or committed resides or is to be found, or to any peace officer, or to such other person as the Judicial Commissioner may direct, and shall be sealed with the seal of the Land Commission and signed by the Registrar. In the case of a committal order the order shall recite the particulars of the disobedience or other contempt occasioning its issue.

ORDER XXX. EVIDENCE AND EXAMINATION OF WITNESSES.

I. Evidence generally.

Evidence shall be by affidavit, or oral by leave of Court.

1. The evidence of witnesses shall, unless there be reason to the contrary, be by affidavit ; but any witness may by leave of the Court be examined orally.

Office copies of records may be received.

2. All writs, records, pleadings, affidavits, and other documents that might be read and received in evidence in the High Court, may be read and received in evidence in the Land Commission ; and office copies of all such writs and other records and documents shall be admissible in evidence to the same extent as the originals would be.

II. Examination of witnesses.

Depositions of witnesses.

3. The deposition of witnesses examined orally shall be taken down in writing by the Registrar or other officer of the Court, not ordinarily by question and answer, but so as to represent as nearly as may be the statement of the witness : provided that the Court may order any party who shall produce any witness or witnesses for examination, to provide a competent shorthand writer, who shall be paid in the first instance by such party, to take down the evidence of such witness or witnesses under the direction, and for the use of the Court ; and the Court shall make such order as may be just as to the costs of providing such shorthand writer : and the transcript of the notes of such shorthand writer shall be lodged with the Registrar, and any party interested may have a copy of the same on payment of scrivenery fees.

Witnesses to be subject to cross-examination.

4. Any witness examined orally shall be subject to cross-examination and re-examination ; and when any party to proceedings shall have filed an affidavit, whether made by himself, or by any witness, such party, or witness, shall be subject to cross-examination and re-examination, and shall be bound to attend for the purpose of being so cross-examined, upon being served with notice to that effect two days before the time of such cross-examination if resident in Dublin or within ten miles thereof, or four days if resident elsewhere in Saorstát Éireann, and upon tender to any such witness, other than the party himself, of his reasonable expenses ; and such expenses shall be paid in the first instance by the person requiring such cross-examination.

Examination by commission.

5. Application to have a witness or witnesses examined by commission shall be made by motion on notice. The commission shall be in Form 39, shall be sealed with the seal of the Land Commission, and signed by the Registrar ; and shall issue on such terms or conditions as to costs or otherwise as to the Court may appear fit ; and the examination shall in all respects be subject to the regulations heretofore in force for the examination of witnesses by commissions issuing out of the High Court, as if the Land Commissioner were the Judge, and the Court of the Land Commission were the High Court.

III. Summonses for attendance of witnesses.

Form of.

6. Summonses for the attendance of witnesses, and for the production of documents before the Land Commission shall be in Form 40, and shall be signed by the Registrar.

Service of : expenses.

7. The service of a summons shall be effected by delivering a copy thereof, and at the same time producing the original. The reasonable travelling expenses of the witness shall be tendered when the summons is being served.

Punishment for disobedience to.

8. Any person wilfully disobeying a summons, or an order for his attendance for the purpose of being examined or producing any document, shall be deemed guilty of contempt of Court, and may be dealt with accordingly.

ORDER XXXI. AFFIDAVITS.

Before whom to be sworn in Saorstát Éireann.

1. Affidavits, affirmations, or declarations sworn or made in Saorstát Éireann may be sworn or made before any person authorised to administer oaths for the purposes of the Supreme Court or High Court of Saorstát Éireann, or before a District Justice or a Peace Commissioner having jurisdiction in the place in which the affidavit, affirmation, or declaration is sworn or made.

Before whom to be sworn out of Saorstát Éireann.

2. Affidavits, affirmations, or declarations may be sworn or made in Northern Ireland, England or Scotland, or the Channel Islands, or the Isle of Man, or in any colony, island, plantation, or place under the British Crown in foreign parts, before any Judge, Court, notary public, or person lawfully authorized to administer oaths in such country, colony, island, plantation, or place, respectively, or before any British ambassador, envoy, minister, chargé d'affaires, or secretary of embassy or legation, exercising his functions in any foreign country, or any Saorstát Éireann or British consul-general, consul, vice-consul, acting consul, pro-consul, or consular agent, exercising his functions in any foreign place in that country or place, and the Commissioners and other officers of the Land Commission shall take judicial notice of the seal or signature, as the case may be, of any of the aforesaid persons.

Preparation.

3. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be shall be confined to a distinct portion of the subject. The affidavit shall state the description and true place of abode of the deponent, and also what facts or circumstances deposed to are within deponent's own knowledge, and his means of knowledge, and what facts or circumstances deposed to are known to or believed by him by reason of information derived from other sources than his own knowledge, and what such sources are.

Jurat.

4. The time and place of swearing the affidavit shall be stated in the jurat, and all persons authorized to take affidavits for the Land Commission shall certify in the jurat of every affidavit taken by them that they know either the deponent himself or some person named in the jurat who certifies his knowledge of the deponent. When an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate or blind, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his signature or mark in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court is otherwise satisfied that the affidavit was read over to and appeared to be perfectly understood by the deponent.

Alterations to be authenticated.

5. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure shall, without leave of the Court, be filed, read, or made use of in any matter, unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the person taking it.

Court may receive notwithstanding irregularity.

6. The Court may, on such terms as it may think fit, receive any affidavit notwithstanding any defect or irregularity in the form thereof or in the jurat, and may direct a memorandum to be made on the document that it has been so received.

Not to be sworn before the Owner or solicitor for party.

7. No affidavit shall be sufficient if sworn before the Owner, his agent, or solicitor, or if sworn before the solicitor for the person on whose behalf the affidavit is to be used.

Not to be sworn before clerk or agent, &c., of solicitor for party.

8. Any affidavit which would be insufficient if sworn before the solicitor for a party to the proceedings, shall be insufficient if sworn before such solicitor's partner or clerk, agent or correspondent, or the clerk or partner of such agent or correspondent.

ORDER XXXII. INVESTMENTS.

The Judicial Commissioner may appoint or remove stockbrokers.

1. The Judicial Commissioner may from time to time by order appoint, suspend or remove stockbrokers to the land Commission, and such stockbrokers shall discharge their duties in such order or rotation or otherwise as the Judicial Commissioner may from time to time direct.

Payment of price and transfer of stock.

2. Whenever an order shall be made for the purchase of stock or securities with money standing to the account of the Land Commission, the price shall not be paid to the broker until he shall have transferred to the account of the Land Commission stock or securities equal in value to the money to be invested, deducting his commission ; and whenever an order shall be made for the sale of stock or securities standing to the account of the Land Commission, the same shall not be transferred until the broker shall have lodged in the Bank of Ireland to the account of the Land Commission the price thereof, deducting his commission.

ORDER XXXIII. RATIFICATION OF EXCHANGE OF LAND.

Notice of application to be lodged for settlement.

1. Before any order is made in pursuance of Sub-section 1 of Section 60 of the Irish Land Act, 1903, unless such order is being made with the consent of the owners of the respective estates to be thereby affected, it shall be the duty of the person having the carriage of the proceedings or his solicitor to prepare, and lodge for settlement by the proper officer, a notice of the application for such order, specifying the particulars of the exchange, and referring to a map or plan showing the land given and taken in exchange respectively, and also specifying a day upon which the application will come before the Judicial Commissioner for adjudication.

On whom notice is to be served.

2. Such notice, when settled, shall be signed by the proper officer and shall be served, not less than 14 days before the day upon which the application is to come before the Judicial Commissioner, upon such of the owners of the respective estates affected by the exchange as may not be parties to the application.

Method of service on persons within the British Isles.

3. If the persons to be served reside within Ireland, England, Scotland, the Channel Islands or the Isle of Man, service may be made by registered letter if satisfactory proof of residence be given ; and, if not, service must be personal unless the Judicial Commissioner permits some other mode of service.

As to persons not within British Isles.

4. If the persons to be served do not reside within Ireland, England, Scotland, the Channel Islands or the Isle of Man, application may be made to the Judicial Commissioner in Chambers for directions as to the mode of service, and the period to elapse between the service and adjudication.

ORDER XXXIV. REGISTRATION OF PURCHASER'S OWNERSHIP.

Particulars to be transmitted to the registering authority.

1. The particulars as to the holding or land to be prepared and transmitted by the Land Commission to the registering authority, in order that the title of the purchaser to the ownership of the holding or land may be registered pursuant to the Local Registration of Title (Ireland) Act, 1891, shall be as follows :—

(a) The name, postal address, and occupation or other description of the purchaser ;

(b) The townland or townlands with the area in statute measure of the portion of each comprised in the holding or land, and the plot number on the map, and the county and barony, and, if necessary for the purpose of identification, the electoral division in which each townland is situated, and, where possible, the Land Commission collection number ;

(c) The particulars of the annuity payable in respect of the advance (if any) made by the Land Commission for the purchase of the holding or land ;

(d) The particulars of any exceptions or reservations subject to which the vesting order or fiat is made, and of any provisions as to sporting rights therein contained ;

(e) The particulars of any easement, right, or appurtenance which the vesting order may declare the sale to be subject to or freed from ;

(f) The date of the vesting order or fiat as the case may be ;

(g) If the title to the holding or land be already registered the number of the Land Registry Folio on which such title is registered if the same be known ;

(h) Any other matter which the Land Commission may consider necessary for the purposes of registration.

To be in form directed by the Judicial Commissioner and accompanied by map.

2. Such particulars shall be transmitted to the registering authority in such form as the Judicial Commissioner may, after consultation with the Registrar of Titles, direct and shall be accompanied by an ordnance sheet showing the holding or land delineated thereon.

ORDER XXXV. CORRECTION OF ERROR IN VESTING ORDER OR FIAT IN LIEU THEREOF.

1. An application to correct an error occurring in a vesting order or a fiat in lieu thereof shall be made to the Judicial Commissioner on notice to all persons who would be affected by such correction, and such notice shall state specifically the correction sought. Provided that if the error is of a clerical nature, or the person or persons who would be affected by the correction are consenting parties, the service of notice may be dispensed with. A minute of the order for correction, when made, shall be endorsed on the vesting order, or agreement for purchase, as the case may be, and signed by the Registrar.

ORDER XXXVI. CHANGE OF PARTIES BY DEATH OR TRANSMISSION OF INTEREST.

Death of Owner or transmission of his interest.

1. Should the Owner die or become divested of his estate in the lands or the purchase money thereof during the pendency of the proceedings, in all cases of sales under the Irish Land Acts, 1903 and 1909, and in the case of land which shall become vested in the Land Commission on the appointed day by virtue of the Land Act, 1923 , if the particulars required by Rule 1 of Order VIII. have been lodged, the person claiming to be entitled to the land or the purchase money thereof, as the case may be, may apply to the Judicial Commissioner to have the proceedings continued in his name, and before doing so shall obtain from the Examiner a certificate or report upon his title to have the proceedings so continued.

Transmission of tenant's interest.

2. If a tenant becomes divested of his interest in his holding after the date of his purchase agreement from the Owner, or the date on which he shall be deemed to have entered into a purchase agreement for the purchase of his holding from the Land Commission, but before the holding has been vested in him, the person claiming to be entitled to the tenant's interest in the holding, or his solicitor, may attend before the Examiner to prove his title ; and thereupon the Examiner may give a certificate (to be endorsed upon the purchase agreement, if any) as to the person in whom the holding should be vested.

ORDER XXXVII. ORDER TO SHERIFF TO PUT PURCHASER FROM, OR NOMINEE OF THE LAND COMMISSION IN POSSESSION.

Order to put purchaser in possession.

1. When a holding is sold by or at the suit of the Land Commission, the purchaser may, at any time within one month after the execution of his conveyance or vesting order, obtain by sidebar motion an order for the sheriff to put him in possession of such holding or any part thereof, upon production to the Registrar of an affidavit in Form 41. After the expiration of the said period a purchaser requiring an order for possession must apply to the Judicial Commissioner for such order. The order may be in Form 42. The Judicial Commissioner may, if he thinks fit, make an order for possession before the execution of the conveyance or vesting order to the purchaser, or notwithstanding that the purchaser shall not have made any demand of possession.

Application for order to put nominee of Land Commission in possession.

2. An application for an order to the sheriff to put a person nominated by the Land Commission in possession of a holding in pursuance of the provisions of Section 65 of the Irish Land Act, 1903, shall be made by the Solicitor to the Land Commission to the Judicial Commissioner by motion on notice, and shall be supported by an affidavit showing that the Land Commission is entitled to cause the holding to be sold, had put up the same for sale by public auction, and that the same had not been sold.

On whom notice is to be served, and form of order.

3. Such notice shall be served upon every person in the actual occupation of the holding or any part thereof not less than four clear days before the day on which the motion is to be moved, and upon such other persons as the Judicial Commissioner may direct, and the affidavit of service of such notice shall state that the deponent does not know of any person other than those who have been served who are in actual possession of the holding or any part thereof. The order may be in Form 43.

Order in either case to be signed by the Registrar and sealed.

4. The order in either case shall be signed by the Registrar, and sealed with the seal of the Land Commission, and the delivery thereof to the sheriff shall be sufficient authority to him to forthwith execute the same.

ORDER XXXVIII. APPOINTMENT OF LIMITED ADMINISTRATORS AND NOMINATIONS.

Application to appoint limited administrator, or nominate person to represent tenant under Sects. 21 (2) or 67 of the Land Act, 1923 .

1. An application (a) to appoint under Section 21, sub- section 2 of the Land Act, 1923 , a person to be administrator of a deceased tenant limited to the purposes of all proceedings under the Land Act, 1923 , in relation to such tenant's holding up to the appointed day, or (b) to nominate under the same section and sub-section a person to represent a tenant for the purposes aforesaid, or (c) to nominate under Section 67 of the said Act a person to represent a tenant who has entered into or who is deemed to have entered into a purchase agreement, shall be made in writing on foolscap paper and lodged in the Registrar's office.

The application shall be accompanied by an affidavit proving the death or absence of the tenant, as the case may be ; in the case of death whether the tenant made a will or representation to him has been raised ; the names and addresses so far as may be known of all persons interested in the holding, and generally the reasons why a limited administrator should be appointed or a representative nominated ; and evidence of the fitness of the proposed administrator or representative, and of his consent to act as such.

Notice to be given by the Land Commission before making order.

2. When application has been made under Rule 1 of this order the Land Commission shall notify the lodgment thereof, or though no application may have been made the Land Commission may notify the intention to make an order appointing a limited administrator or nominating a representative as aforesaid, to such person or persons, if any, as may appear to be interested in the holding.

After giving any person an opportunity of being heard who shall within fourteen days from the date of such notification signify to the Land Commission his objection to such appointment or nomination, the Land Commission may by order appoint a limited administrator, or nominate a representative as aforesaid.

A copy of the order, when made, shall be transmitted to the person appointed or nominated as the case may be.

Form of request to nominate a person to be proprietor of a holding under Sect. 54 (1) of the Irish Land Act, 1903, and lodgment of the same.

3. The request by a person interested in a holding liable to be sold by or at the instance of the Land Commission under the provisions of Sub-section 1 of Section 54 of the Irish Land Act, 1903, to have a person nominated by the Land Commission to be the proprietor of such holding, shall be lodged in the Registrar's Office, and shall be written on foolscap paper with sufficient margin and follow Form 44. The request shall state the event upon the happening of which the holding became liable to be sold, the interest of the person making the request, the particulars of the claims of all other persons including creditors interested in the holding, in so far as such claims may not be entered upon the Register of Titles, the name, address, and profession, trade, occupation, or designation of each claimant, and the particulars of the relief sought, and shall be verified by the affidavit of the applicant.

Documents to be lodged with request.

4. Together with the request there shall be lodged a certified copy of the Folio of the Register of Titles upon which the title to the holding is entered, and copies of any grant of probate, or of letters of administration or other instrument referred to in the request.

Request to be laid before the Judicial Commissioner for directions.

5. The request, when lodged, shall be laid before the Judicial Commissioner, who may thereupon cause such notices to be given, accounts taken, inquiries made, or generally make such order as may appear expedient and just.

Nomination to be by order.

6. A nomination made in pursuance of a request shall be by order, and a copy thereof signed by the Registrar shall be transmitted to the Registrar of Titles.

ORDER XXXIX. REDEMPTION OF INTERVENING INTEREST UNDER SECTION 26 of THE LAND ACT, 1923 .

1. In applying Sub-section 2 of Section 15 of the Irish Land Act, 1903, for the purposes of Section 26 of the Land Act, 1923 , the redemption price of an intervening interest shall be fixed by the Judicial Commissioner, in default of agreement within two months from the appointed day where the entire holding is in the occupation of one or more sub-tenant or sub-tenants, or within one month of the date of notification by the Land Commission of the apportionment of the rent where portion of the holding is in the occupation of the tenant and the remainder in the occupation of one or more sub-tenant or sub-tenants.

ORDER XL. PROVISION OF RIGHTS OF WAY UNDER SECTION 43 of THE LAND ACT, 1923 .

Notice to be served by the Land Commission.

1. Before exercising the power conferred by Section 43 of the Land Act, 1923 , to provide rights of way to and from lands sold or agreed to be sold under the Land Purchase Acts, unless the owner of the land over which the right of way is to be exercised is a consenting party, the Land Commission shall serve, either personally or by registered post, upon such owner, or the person appearing to the Land Commission to be the owner a notice having a map annexed thereto defining the right of way intended to be given.

Objection to proposed right of way.

2. Such owner may within one month of the date of the service of the notice upon him lodge in the Purchase Branch an objection in writing signed by him, or his solicitor, to the proposed right of way 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 right of way be varied in agreement with the objector, the objection shall be listed for hearing and not less than ten days notice of such 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.

Copy order conferring right to be furnished to owner of servient tenement.

3. A copy of the order conferring and defining a right of way and fixing the compensation (if any) to be paid to the owner of the land over which such right is to be exercised shall, when made, be furnished to such owner.

ORDER XLI. PAYMENT TO LAND AGENT ON HIS CEASING TO ACT AS SUCH.

1. An application by an agent who has been employed in the management of an estate comprising land sold under the Land Act, 1923 , for sanction of the payment to him of a sum in Land Bonds out of the purchase money on his ceasing to act as such agent, shall be made to the Judicial Commissioner before the vouching of the Allocation Schedule, and shall be grounded on a consent by the Owner to such payment, and, unless such payment is to be made out of purchase money coming to such Owner, shall be by motion on notice to the person or persons who would be affected thereby.

ORDER XLII. RELIEF OF CONGESTION.

Notice of Declaration by Land Commission that land is required for, to be published and served.

1. Before making a declaration pursuant to sub-section (3) of Section 24 of the Land Act, 1923 , that land otherwise excluded from the operation of that section is required for the purpose of relieving congestion, the Land Commission shall publish in the Iris Oifigiúil a notice of the intention to make such declaration unless cause be shown to the contrary within one month. Such notice shall specify the land, and shall be served by registered post on all persons appearing to the Land Commission to be interested in such land.

Application to the Judicial Commissioner that declaration be not made, or be varied. (Sec. 24 (3)).

2. Any person desiring to show cause against such declaration may, within one month of the date of the publication of the notice in the Iris Oifigiúil, apply to the Judicial Commissioner that the same be not made, or be varied, and for that purpose shall lodge with the Registrar a notice of his application setting forth the grounds thereof, which notice may be in Form 45. Such application shall be listed for hearing upon notice to such persons, if any, as the Judicial Commissioner shall direct.

Should cause not be shown within the time limited by this Rule, or should any cause shown be disallowed, the Land Commission shall publish the declaration in the Iris Oifigiúil.

Requisition pursuant to Section 24 (4) (a).

3. A requisition by the proprietor or tenant of a holding of which a part only is declared to be required for the relief of congestion to have the entire holding so declared may be in the Form 46, and shall be lodged in the Purchase Branch within one month from the date of the publication of the declaration.

Requisition pursuant to Section 24 (4) (b).

4. A requisition by the proprietor or tenant of a holding declared to be required for the relief of congestion to be provided with a new holding may be in the Form 47, and shall be lodged in the Purchase Branch within one month from the date of the publication of the declaration.

Offer by Land Commission to provide new holding.

5. An offer by the Land Commission to provide the proprietor or tenant of a holding declared to be required for the relief of congestion with a new holding shall contain particulars of the situation and area thereof and of the terms and conditions on which it is offered. The offer, accompanied by a map of the lands set out therein, shall be sent by registered post addressed to such proprietor or tenant. If an appeal to the Judicial Commissioner on the question of the suitability or value of the holding so offered is not taken within one month from the date of the offer it shall be deemed to have been accepted.

Appeal to the Judicial Commissioner.

6. A proprietor or tenant of a holding aggrieved by a decision of the Land Commission as to the suitability or value of a new holding proposed to be provided for him who desires to appeal therefrom shall, within one month from the date of the offer of the Land Commission to provide such new holding, serve notice of appeal to the Judicial Commissioner, which notice may be in the Form 48, and shall be lodged with the Registrar of the Land Commission.

ORDER XLIII. PART III. OF THE LAND ACT, 1923 (THE NATIONAL LAND BANK, LIMITED).

Land Commission to notify the Bank the particulars required.

1. The Land Commission shall notify in writing to the National Land Bank Limited (hereinafter in this Order called the Bank), the particulars required to be furnished in pursuance of Section 50 of the Land Act, 1923 , and the form in which, and period within which, such particulars are to be furnished.

To be referred to an Examiner to report on title and settle Allocation Schedule.

2. The particulars in respect of each separate purchase by a co-operative farming society, or a body of trustees, together with any abstracts of title, opinions of counsel, searches in the Registry of Deeds or Registry of Judgments, deeds, and other muniments of title relating to the land purchased, shall be referred to an Examiner to report to the Judicial Commissioner on the title of such society or trustees to the land purchased, and the superior interests and charges, if any, affecting such land, and the Examiner may make such requisitions as may be necessary, and he shall, where possible, settle an Allocation Schedule for the distribution of the purchase money of the land to be fixed by the Judicial Commissioner.

The report of the Examiner shall be laid before the Judicial Commissioner who may make such order thereon as may be just or give such directions as may be necessary, and the Examiner may submit directions for the approval of the Judicial Commissioner. Subject to such order as may be made or directions given by the Judicial Commissioner, the proceedings towards distribution of the purchase money shall be in accordance with Order XX. and the other Rules and Orders regulating the procedure in relation to distribution of purchase money in so far as the same are applicable.

Not less than ten days notice to be given of hearing of objection to notice under Section 51.

3. Not less than ten days notice of the hearing of an objection to a notice published by the Land Commission pursuant to Section 51 of the Land Act, 1923 , shall be served by the Land Commission, personally or by registered post, on the objector and the other person or 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 the decision of the Land Commission on such objection shall, within fourteen days from the date of such decision, serve notice of appeal on the other interested parties, which notice may be in Form 49, 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.

Time for lodgment of title to superior interest.

5. The time for the lodgment of the affidavit of title prescribed by Rule 17 of Order XXI. shall, in the case of a superior interest affecting lands excluded from the provisions of Part II. of the Land Act, 1923 , by Section 48 of the same Act, be within two months from the publication of the notice prescribed by Section 51 of the same Act containing the particulars of such lands ; such time to be subject to extension as is provided by said Rule 17.

Declaration under Section 55 (2).

6. A declaration that the Land Commission is not satisfied that the conditions contained in sub-section 1 of Section 55 of the Land Act, 1923 , have been fulfilled, shall be by notice which shall be published in the Iris Oifigiúil, and shall be served upon the co-operative farming society, or body of trustees by whom the land in question had been purchased, by the solicitor, if any, of such society or trustees, or by the secretary or other officer or person who shall appear to the Land Commission to represent such society or trustees.

ORDER XLIV. PUBLICATIONS.

1. Notices to claimants, when directed to be published, shall be published in the Iris Oifigiúil, but the Judicial Commissioner or Examiner, as the case may be, may direct such other publications as he may think fit, and all publications and advertisements directed by the Land Commission shall be made without charge to the Owner unless the Judicial Commissioner shall otherwise direct.

ORDER XLV. CERTIFIED COPIES AND PRODUCTION OF DOCUMENTS.

Certified copies.

1. Copies of affidavits, claims, objections or statements of facts made by the parties filing the same shall be compared and certified free of charge, if they are lodged with the originals and are fairly and accurately written or typewritten. Save as aforesaid, certified copies of affidavits, orders, and other documents filed or lodged in the Land Commission shall be made in the office and certified by an officer of the proper department. Such copies shall, save where otherwise provided, be charged for at the rate of three half-pence per folio of seventy-two words ; provided that the minimum charge shall be 3d. Copies of agreements for purchase shall be furnished at a uniform charge of 1s. each. All payments for copies shall be denoted by Land Commission stamps.

Copies of certain documents not to issue without leave.

2. Except by leave of the Judicial Commissioner or the direction of the Examiner no certified copy shall be issued of any abstract of title or document connected therewith, or of any conveyance to a tenant, or vesting order, nor shall a certified copy of an agreement for sale and purchase between vendor and purchaser be issued without the like leave or direction except to the vendor or purchaser or their respective solicitors.

Production of records in other courts.

3. If any person requires the production of any deed or document in the custody of the Land Commission on the trial of any action, or the hearing of any civil bill, cause, or matter, or in any other legal proceedings, civil or criminal, and it is necessary that an officer of the Land Commission should attend to produce the same, application should be made to a Commissioner. The Secretary, or, in his absence, the Keeper of the Records, shall arrange what officer shall attend.

ORDER XLVI. SOLICITORS.

To attend in person before a Commissioner or an Examiner.

1. Solicitors shall attend in person at the hearing of all applications before a Commissioner, and shall conduct in person all proceedings before an Examiner, but when a solicitor is unavoidably absent, he may be represented by his Dublin agent, being a registered solicitor, or by his own or his Dublin agent's registered apprentice, or competent registered clerk, provided the agent, apprentice or clerk, as the case may be, is fully conversant with the subject matter of the application to the Commissioner, or with the title or business to be disposed of before the Examiner.

Registered apprentice or clerk.

2. For the purposes aforesaid, any solicitor desirous of employing an apprentice or clerk for transacting business shall sign a certificate, stating the name of such apprentice or clerk, and that he is a fit and competent person to transact such business, and undertaking to be responsible for the acts of such apprentice or clerk in the ordinary transaction of business. Such certificate shall be in Form 50, and on being produced to the Keeper of Records the same shall be entered in a book to be called " The Clerks Registry Book," and such apprentice or clerk shall be considered as the representative of the solicitor for the purpose of the proceedings until the same shall be revoked by such solicitor ; such revocation shall be entered in " The Clerks Registry Book."

Every solicitor shall be responsible to the Court for the acts of his registered apprentice or clerk in the ordinary transaction of business.

Every registered apprentice or clerk shall be bound, if called upon so to do by any officer of the Court, to produce a certificate of his registration, signed by the Keeper of Records in Form 51.

Suspension of solicitors.

3. Any solicitor may be suspended or prohibited from practising before the Land Commission by order of the Judicial Commissioner.

ORDER XLVII. COSTS.

Court to have power to give and withhold.

1. The Court shall have full power and discretion as to the giving or withholding of costs and expenses, and as to the persons by whom, and the funds out of which the same shall in the first instance, or ultimately be paid, repaid, or borne, and may apportion the same amongst such parties, and in respect of interest, rents, or income, and principal, or corpus, as it shall think fit.

Court may award gross sum in lieu of taxed costs.

2. In all cases in which costs shall be awarded to any party, the Court may by order direct payment of a sum in gross in lieu of taxed costs, and also direct by and to whom such sum in gross shall be paid.

Costs to be taxed in accordance with schedule of fees, and on notice.

3. In the absence of any agreement to the contrary between a solicitor and his client, the costs incurred in the course of proceedings in the Land Commission under the Land Purchase Acts, shall be taxed according to the schedule of fees in the appendix hereto. Such costs shall be taxable by the Solicitor to the Land Commission on notice to the person or persons against whom the costs are awarded, or by whom or out of whose funds such costs are liable to be paid ; provided always that the Taxing Officer may require the person whose costs are being taxed to obtain a certificate from the Examiner as to who should have notice of the taxation. The certificate of the Taxing Officer shall be final if not varied by the Court.

Costs of delayed proceeding not to be allowed, except by order.

4. The costs of any proceeding which is delayed beyond the time limited therefor by any Rule or Order shall not be allowed on taxation without the direction of the Judicial Commissioner.

If document served be inaccurate no costs to be allowed.

5. No costs shall be allowed in respect of the service or publication of any notice, order, or other document, where the copy served or published does not correspond with the original.

Costs of abstract of title to be certified for.

6. The Examiner shall certify on the back of the abstract of title whether the whole, or any and what portion of the costs thereof should be allowed ; and such allowance shall (unless otherwise expressed in the certificate) refer as well to the readings as to the abstract itself. The officer taxing such costs shall have regard to such certificate unless it be varied by the Judicial Commissioner. The costs of a supplemental abstract of title shall be taxed as if the additional matter had been embodied in the original abstract, unless the Examiner certifies that separate costs are to be allowed.

Costs of affidavits, &c., used for title or to vouch services, &c.

7. If the costs of any affidavit or other document used for the discharge of requisitions on title, or in proof of services, publications, or postings, are to be allowed on taxation, the Examiner or other officer whose duty it shall be to read such affidavit or other document shall so certify on the back thereof.

Proceedings for recovery of costs.

8. In every case in which the Court shall award costs to be paid by any person, the person to whom such costs shall have been awarded or his solicitor may, on application to the Registrar, obtain an order to the sheriff to levy such costs in Form 52. The order shall be signed by the Registrar and sealed with the seal of the Land Commission.

The person so applying must produce to the Registrar the order awarding the costs, the certificate of their taxation unless they shall have been measured by the Court, and a certificate by the solicitor for the applicant or by the applicant that the costs have been demanded and have not been paid.

A sum of sixteen shillings may be added to such costs for the costs of and incident to the issue of the order to the sheriff.

To obtain payment out of Costs Fund bill must be furnished and if required taxed.

9. To obtain a certificate from the Judicial Commissioner for payment to the vendor out of the Costs Fund when the costs of the proceedings have not been taxed, a bill of the costs incurred drawn in accordance with the schedule of fees must be furnished and, if the Judicial Commissioner so directs, shall be taxed.

ORDER XLVIII. VARIATION OF FORMS.

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

ORDER XLIX. COMMISSIONERS.

Proceedings conducted before one Commissioner.

1. Subject to the provisions of any Statute or Rule the Commissioners, or a majority of them of whom the Judicial Commissioner shall be one, may from time to time regulate what proceedings may be conducted before one Commissioner, and the rota in which such proceedings shall be assigned : provided that any such proceedings may be transferred from one Commissioner to another, and the Judicial Commissioner may, on the requisition of any person interested, direct that any proceeding assigned to a Commissioner other than the Judicial Commissioner shall be dealt with by all the Commissioners, or such of them as shall have statutory authority in the case.

Proceedings assigned to the Judicial Commissioner.

2. When any Rule or Order provides that any application shall be made to, or any jurisdiction or act shall be exercised or done by the Judicial Commissioner he may, in so far as there is no statutory provision to the contrary, by writing under his hand direct that any such application may be made to, or jurisdiction or act exercised or done by such other Commissioner as he may appoint.

ORDER L. DAYS ON WHICH THE LAND COMMISSION SHALL BE OPEN.

The Offices of the Land Commission shall be open on every day in the year except Sundays, Good Friday, the Saturday before Easter, the Monday and Tuesday in Easter Week, Whit Monday, Christmas Day and the three following days, and any other day as regards which the Land Commission shall notify that the Offices shall be closed.

W. E. WYLIE.

T. HOGAN.

KEVIN R. O'SHEIL.

APPENDIX.

FORM 2.

AFFIDAVIT BY LANDLORD OF RENTS AND OF ARREARS OF RENTS.

COURT OF THE IRISH LAND COMMISSION.

Land Act, 1923 .

Estate…...…………………..

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

I.............................hereby make oath and declare that the names of the Tenants and the Rents payable by them are correctly set out in the accompanying Schedule (lettered ..............).

That the Arrears of Rent and the persons by whom they are due are also correctly set out in the same Schedule.

That a hanging gale is [is not] customary on the Estate.

That the person entitled to receive such Arrears of Rent is .................and to receive payment in lieu of rent is...................

Sworn before me this.........day of.....................192 , at.............. in the County of........................, and I know the Deponent.

If it is desired to have payment made to an Agent the Form of Request attached should be used.

____________________________

(Arrears of Rent and Payment in lieu of Rent.)

IRISH LAND COMMISSION.

Estate of................................

County of..............................

I [or] WE hereby request that the Compounded Arrears of Rent and Payment in lieu of Rent collected under the provisions of the Land Act, 1923 , in respect of the above Estate may be paid to............................of .......................in the County of..........................

Dated this.................day of............................................................ .....192...

Signature of Landlord.........................................................

Witness present............................................................ ..................................

This Form, when duly completed, should be forwarded to the Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin.

It is requested that the correct name and postal address of the proposed Payee may be inserted.

Strike out words not applicable.

FORM 3.

AFFIDAVIT BY LANDLORD'S AGENT OF RENTS AND ARREARS OF RENT.

COURT OF THE IRISH LAND COMMISSION.

Land Act, 1923 .

Estate................................

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

I.......................hereby make oath and declare that the names of the Tenants and the Rents payable by them are correctly set out in the accompanying Schedule (lettered.................. ).

That the Arrears of Rent and the persons by whom they are due are also correctly set out in the same Schedule.

That a hanging gale is [is not] customary on the Estate.

That Rents and Arrears of Rent are receivable by me as the Accredited Agent of the Owner of the above Estate.

Agent's Signature......….................................

Agent's Address.............................................

Sworn before me this.........day of.....................192 , at................……………………………..in the County of................................., and I know the Deponent.

…………………………………….

District Justice, or Commissioner

for Oaths, or Peace Commissioner.

Strike out words not applicable.

____________________________

FORM 4.

CERTIFICATE OF APPEARANCES.

____________________________

[Heading and Title].

I Certify that the above is a correct Abstract of all the Appearances which have been entered in this Estate and which have not been withdrawn or cancelled being*   appearances in all.

or

I Certify that the above is a correct Abstract of an Appearance which has been entered in this Estate.

Dated this     day of     192 .

Registrar.

NOTE.—The above form must be accurately and legibly filled up by the Solicitor before lodging it in the Registrar's Office.

*State the number.

FORM 5.

REQUEST BY TENANT TO HAVE HALF-YEAR'S COMPOUNDED ARREARS OF

RENT ADDED TO PURCHASE MONEY.

[Heading and Title].

PARTICULARS OF HOLDING.

I, the above-named tenant, being a person owing not less than three years arrears of rent on 9th August, 1923, hereby apply to have one half-year's compounded arrears of rent added to the purchase money of my holding.

Dated this    day of   192 .

____________________________

FORM 6.

AFFIDAVIT VERIFYING PARTICULARS OF LANDS TO BE VESTED IN THE LAND COMMISSION.

[Heading and Title].

I, the said A.B. the Owner [or, C.D. solicitor for, or, land agent of, or, receiver over the estate of the said A.B., as the case may be] make oath and say that the schedules of particulars respectively marked with the letters " A," " B," " C," " D," and " E " upon which I have endorsed my name before swearing this affidavit are true in every respect to the best of my knowledge, information, and belief, and comprise all the land I own [or, the property of the said A.B.] which so far as I know would vest in the Irish Land Commission on the appointed day by virtue of the said Act [Here add when necessary :—Save land held by persons having therein an interest saleable under the Land Purchase Acts—or, save land situate in the County of      , in respect of which a separate return has been (or, will be) made to the Irish Land Commission—, or, otherwise as the case may be].

Sworn, etc.

FORM 7.

SCHEDULE OF AREAS.

[Heading and Title].

Where more than one map is lodged a separate schedule should be prepared for each map and the maps and schedules should be endorsed with corresponding numbers l, 2, 3, etc.

____________________________

FORM 8.

AFFIDAVIT VERIFYING MAP AND SCHEDULE OF AREAS.

[Heading and Title].

I.......................of (here state full postal address), aged............years and upwards, make oath and say :

1. I have endorsed my name and the letter...............upon the map of the lands of..................(here set forth the townlands concerned) in the Barony of...........................and County of...............................

2. The existing boundaries of each holding and parcel of land indicated by a separate number are accurately marked on the said map ; enlargements of the map have been made where necessary ; and in other respects the map conforms to the rules of the Land Commission according to my knowledge and belief.

3. I have endorsed my name upon the Schedule of Areas marked.................... and the lands, areas and reference numbers entered in the Schedule correspond with the said map and are correct according to my knowledge and belief.

4. There is no ancient monument which appears to be of historic, traditional, artistic or archæological interest upon the said lands.

[or]

4. The following ancient monuments which appear to be of historic, traditional, artistic or archæological interest exist upon the said lands, that is to say :—[Here describe them].

Sworn, etc.

FORM 9.

STATEMENT OF OWNERSHIP.

________________

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .

Record No.

The statement of the said A.B. of        showeth :—

1. That the said A.B. is owner of the lands described in the first schedule hereto, which lands are held by the tenure therein stated, and that he is now and has been in possession of and in receipt of the rents and profits of the said lands since the year 19   .

[If there are more Owners than one their respective estates and interests must be specified.]

Variation where the Owner is tenant for life.

1. That the said A.B. is owner of the lands described in the first schedule hereto as tenant for life under a settlement made by [Here describe the instrument], which lands are held by the tenure in the said first schedule stated, and that he the said A.B. is now and has been in possession of and in receipt of the rents and profits of the said lands since the year 19 .

That C.D. of         is entitled to the next estate in the said lands in remainder expectant upon the determination of the said life estate.

That E.F. of       , and G.H. of      are trustees of the said settlement for the purposes of the Settled Land Acts, 1882 to 1890, [or, That there are no trustees of the said settlement for the purposes of the Settled Land Acts, 1882 to 1890].

Variation where the Owners are trustees for sale.

1. That the said A.B. and C.D. are owners of the lands described in the first schedule hereto as trustees for sale under [Here describe the instrument], which lands are held by the tenure in the said first schedule stated, that they are now and have [or, that E.F. of          is now and has] been in possession of and in receipt of the rents and profits of the said lands since the year 19  , and that the persons beneficially entitled to the surplus proceeds of the sale thereof are [Here state names and residences, and, as far as possible, the respective shares of the parties.]

2. That the said A.B. has set forth in the said first schedule the particulars of all superior interests [add when necessary, save such rentcharges as are incumbrances on the lands and are set forth in the second schedule hereto] which he knows, or believes to affect the said lands, or any part thereof, and, so far as the same are known to him, the dates of, and parties to the instruments (if any) creating such superior interests, and the names and residences of the persons entitled thereto.

Variation if there is no superior interest.

[2. That there is no superior interest affecting the said lands].

3. That all the charges and incumbrances (other than the superior interests hereinbefore referred to) affecting the said lands or any part thereof are fully set forth in the second schedule hereto.

Variation if the lands be unincumbered.

[3. That there are no charges or incumbrances [other than the superior interests hereinbefore referred to] affecting the said lands].

4. That there are not any proceedings pending in any Court of Justice in relation to the said lands or any part thereof, or to the receipt of the rents and profits thereof, and that no person interested therein (otherwise than as tenant to the said A.B. or claiming through such tenant), is an infant, idiot or lunatic, save— [Here state particulars of any proceedings, and names of persons (if any) excepted, and the names and residences of the guardian of infant, or committee of lunatic.]

To be added in suitable cases.

5. The total purchase money of the said lands will not exceed the sum of £100 and the said A.B. became entitled as such owner as is mentioned in paragraph 1 under [Here state the instrument or instruments under which or the happening of the event upon which the owner became entitled : the instruments must be produced or lodged when required] :

[or]

5. The total purchase money of the said lands will not exceed the sum of £500.

Signature of Owner.

FIRST SCHEDULE

referred to in the foregoing STATEMENT.

Signature of Owner.

NOTE.—If the grant or lease under which the lands are held comprises other land also, the fact should be stated together with any special liability for payment of the rent or right of indemnity in respect thereof. It should be stated in the observation column whether the superior interest affects all the lands or only a particular denomination, and for that purpose the denominations may be numbered and referred to by number. Where the Owner holds a denomination under fee-farm grant or lease should there be one or more superior rent or rents, there should be a statement by whom, or out of what inferior rent each superior rent is payable. The arrears due in respect of rents not payable by the Owner need not be inserted. If the Owner's estate in any denomination or part of a denomination is limited to a rent or rent and reversion in the nature of a superior interest, the fact should be stated in the observation column together with the particulars of the grant or lease reserving the rent and the name and address of the person who pays such rent.

SECOND SCHEDULE

referred to in the foregoing STATEMENT.

Signature of Owner.

NOTE.— This schedule should state concisely the manner in which the charge was created, whether by will, settlement, mortgage, judgement, or otherwise, and by whom. If the incumbrances have been consolidated, it should be so stated, and any special circumstances, such, for example, as to the terms on which an incumbrance can be paid off or a rentcharge redeemed, or any exemption of a portion of the lands from the whole or any portion of the incumbrance, or the liability of any other property or of any person to pay any incumbrance whether in exoneration of the lands or otherwise. If the Owner is a limited owner, and there are incumbrances on the life estate, they should be separately stated, thus: —1st part, incumbrances on the fee ; 2nd part, incumbrances on the life estate.

Affidavit.

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

1. I have read the foregoing statement and the schedules annexed thereto, and the same are true and correct in every particular to the best of my knowledge, information, and belief.

2. There is not any person to my knowledge or belief who has or claims any estate, right, title, or interest in the said lands or any part thereof which would attach to the purchase money on sale under the Land Purchase Acts save as in the said statement or schedules is set forth.

Sworn, etc.

FORM 10.

GENERAL NOTICE TO CLAIMANTS.

[Heading and Title].

Whereas a Statement of Ownership has been filed this day comprising the lands of [Here state the lands, barony and county as set out in the Statement; the acreage need not be stated unless the estate does not include the entire townland] which may become vested in the Irish Land Commission on the appointed day by virtue of the Land Act, 1923 , Now any person having any claim which would attach to the purchase money of the said lands, and which is not disclosed in or protected by the said Statement, or is improperly described therein, may lodge the particulars of such claim, duly verified, in the Examiners' Office of the said Court in the manner prescribed by the General Rules in that behalf.

Dated this     day of     192 .

Examiner.

Solicitor for the Owner.

____________________________

FORM 11.

REQUISITION TO SUPERINTENDENT OF QUIT RENT OFFICE.

[Heading and Title].

(In view of the lands in the schedule hereto becoming vested in the Irish Land Commission on the appointed day by virtue of the Land Act, 1923 ),* you are requested to state for the information of the Court the particulars of any quit, crown, or composition rent, reversion or other claim of the crown payable out of or affecting the said lands, or any part thereof, and which would be a claim against, and to be discharged out of the purchase money of such lands. One copy of this requisition with your reply endorsed thereon or annexed thereto should be returned without delay to the Examiners' Office, Irish Land Commission, Dublin.

Dated this          day of        192   .

Solicitor for the Owner.

To The Superintendent,

Quit Rent Office, Dublin.

SCHEDULE REFERRED TO IN THE FOREGOING REQUISITION.

In the case of an estate sold under the Irish Land Acts, 1903 and 1909, substitute for * " The lands in the schedule hereto having been sold under the Land Purchase Acts."

FORM 12.

REQUISITION TO COMMISSIONERS OF PUBLIC WORKS.

[Heading and Title].

(In view of the lands in the schedule hereto becoming vested in the Irish Land Commission on the appointed day by virtue of the Land Act, 1923 )* you are requested to state for the information of the Court whether the lands are situate within a drainage district, and also the particulars of any land improvement, drainage, or other charges in favour of your Board which you claim to affect such lands, or any part thereof, and to be a charge upon, and to be redeemed or satisfied out of the purchase money thereof.

A charge affecting the interest of a purchasing tenant in the land should not be returned unless you claim it to be a charge on the purchase money, nor should a charge which only affects a portion not comprised in the schedule of a townland therein named.

Should you so require, I am prepared to furnish you with a tracing of the estate map showing the particular portion of any townland comprised in the estate where the entire of such townland is not so comprised.

One copy of this requisition with your return thereon should be returnedwithout delay to the Examiners' Office, Irish Land Commission, Dublin.

Dated this      day of      192  .

Solicitor for the Owner.

To The Commissioners of Public Works,

Dublin.

SCHEDULE REFERRED TO IN

THE FOREGOING REQUISITION.

The first five columns of the schedule are to be filled in by the solicitor ; the remaining columns are to be filled in by the Commissioners of Public Works.

In the case of an estate sold under the Irish Land Acts, 1903 and 1909, substitute for* " The lands in the schedule hereto having been sold under the Land Purchase Acts."

FORM 13.

REQUISITION AS TO TITHE RENTCHARGE.

[Heading and Title].

The Superintendent of the Church Property Department will please state the particulars of any tithe rentcharge, or fixed annual instalments in lieu of such, payable in respect of the lands in the schedule hereto, and, so far as may be known, the name or names of the person or persons who has or have heretofore paid the same.

This requisition with the return thereto should be transmitted without delay to the Examiners' Office.

*Strike out the words not applicable.

Dated this day of     192 .

Solicitor for the Owner.

SCHEDULE.

Barony of.......................................................

County of.......................................................

Only the first three columns of the schedule are to be filled in by the solicitor.

FORM 14.

OBJECTION TO PROVISIONAL LIST OF LANDS.

[Heading and Title].

1. A.B.   of [state postal address in ,full, and occupation or other description] (hereinafter called the objector) objects to the provisional list of lands which will, if not excluded in consequence of a valid objection, become vested in the Irish Land Commission on the appointed day, which list was published in the Iris Oifigiúil on the   day of       , 192   , by reason of* the inclusion [or, non-inclusion] in such list of

[Here describe accurately the land which the objector claims should be excluded from, or included in the list as the case may be, giving the Ordnance Survey name of the townland, the area in statute measure, the barony and county].

2. The interest of the objector in the land* which he claims to have excluded [or, included] is

[Here state the interest accurately, e.g., "as owner thereof in fee-simple subject to the tenancy of C. D. therein under, etc., at the yearly rent of £   , " or, " as tenant thereof to the said Owner under, etc. at the yearly rent of £    ."]

3. The reason and evidence relied upon by the objector in support of his objection are as follows:—[Here state them fully].

Dated this     day of    192    .

Signature of Objector or his solicitor.

If the objection is not to the inclusion or non-inclusion of land alter pars. 1 & 2 at*

____________________________

FORM 15.

NOTICE OF APPEAL TO JUDICIAL COMMISSIONER (SECT. 40 (3) ).

[Heading and Title].

[Name of Appellant]           of  

is aggrieved by the decision of the Irish Land Commission whereby the objection filed by [him, or state name of objector] on the   day of         192  , to a provisional list of lands which will, if not excluded in consequence of a valid objection, become vested in the said Commission, was [allowed, or, disallowed], and requires the said objection to be reheard by the Judicial Commissioner.

Dated this      day of      192   .

To

[set out the names of the other

interested parties to be served]

and

The Registrar of the Irish Land Commission.

FORM 16.

APPLICATION UNDER PART I.OF FIRST SCHEDULE TO LAND ACT, 1923 , THAT STANDARD PURCHASE ANNUITY BE FIXED IN ACCORDANCE WITH PART II. THEREOF.

[Heading and Title].

Name of Tenant

Postal Address

PARTICULARS OF HOLDING.

The above-named          the tenant [or, landlord] of the holding above described, the judicial rent of which was fixed by agreement on the reinstatement therein of the said tenant who had been evicted therefrom [or, whose predecessor in title, that is to say       , had been evicted therefrom] hereby applies to the Irish Land Commission to have the standard purchase annuity in respect of the said holding fixed in accordance with the provisions of Part II. of the First Schedule to the said Act as if the rent were a non-judicial rent.

Dated this       day of     192 .

Signature of Appellant or his solicitor.

FORM 17.

AGREEMENT FIXING THE AMOUNT OF STANDARD PURCHASE ANNUITY.

[Heading and Title].

Name of Tenant

Postal Address

PARTICULARS OF HOLDING.

We, the Landlord and Tenant of the holding above described, hereby agree that the amount of the standard purchase annuity in respect thereof shall be the sum of   pounds   shillings and    pence (£   s.  d.), and apply to have this agreement filed.

Dated this   day of    192

FORM 18.

NOTICE OF APPEAL TO JUDICIAL COMMISSIONER FROM DECISION FIXING STANDARD PURCHASE ANNUITY.

[Heading and Title].

PARTICULARS OF HOLDING.

[Name of Appellant]       of       , the Landlord [or, Tenant] of the holding above described is aggrieved by the decision of the Irish Land Commission whereby the standard purchase annuity in respect of the said holding was fixed at the sum of £   s.  d., and requires the standard purchase annuity to be fixed by the Judicial Commissioner.

Dated this    day of         192 .

Signature of Appellant or his solicitor.

To [The Landlord, or the Tenant as the case may be]

and

The Registrar of the Irish Land Commission.

____________________________

FORM 19.

NOTICE OF APPEAL TO JUDICIAL COMMISSIONER FROM DECISION FIXING PRICE OF UNTENANTED LAND (SECT. 25 (2) ).

[Heading and Title].

DESCRIPTION OF UNTENANTED LAND.

The above-named Owner is aggrieved by the decision of the Irish Land Commission whereby the price of the untenanted land above described was fixed at the sum of £   , and requires the price of such land to be fixed by the Judicial Commissioner.

Dated this   day of      192 .

Signature of Appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 20.

REQUISITION BY TENANT OF RETAINED HOLDING TO LAND COMMISSION TO RESELL SAME TO HIM (SECT. 33).

[Heading and Title].

PARTICULARS OF RETAINED HOLDING.

I                of                being the tenant of the retained holding above described hereby require the Irish Land Commission to resell such holding to me at the standard price, and to make me an advance of the amount of such price, or such portion thereof as I may be entitled to have advanced for the purpose of such purchase ; and I undertake to lodge the balance (if any) of the standard price with the Irish Land Commission when called upon to do so ; and I further undertake to enter into such agreement for purchase in pursuance of this requisition as the Irish Land Commission may require ; and I hereby declare that I am not the proprietor of any land charged with the repayment of an advance already made under any of the Land Purchase Acts [Here add if necessary, save, and give particulars of any such land and the purchase annuity charged thereon].

Dated this       day of      192   .

FORM 21.

REQUISITION BY TENANT OF RETAINED HOLDING TO LAND COMMISSION TO RESELL THE PART THEREOF NOT RESUMED BY THE LAND COMMISSION (SECT. 33).

[Heading and Title].

PARTICULARS OF RETAINED HOLDING.

I               of

being the tenant of the retained holding above described hereby require the Irish Land Commission to resell to me the part of the said holding not resumed by the said Commission described in the schedule annexed hereto at the proportionate part of the standard price in the same schedule stated, and to make an advance to me of the amount of such proportionate part of the standard price, or such portion thereof as I may be entitled to have advanced for the purpose of such purchase ; and I undertake to lodge the balance (if any) of such proportionate part of the standard price with the Irish Land Commission when called upon to do so ; and I further undertake to enter into such agreement for purchase in pursuance of this requisition as the Irish Land Commission may require ; and I hereby declare that I am not the proprietor of any land charged with the repayment of an advance already made under any of the Land Purchase Acts [Here add, if necessary, save, and give particulars of any such land and the purchase annuity charged thereon].

SCHEDULE above referred to.

FORM 22.

OFFER BY THE IRISH LAND COMMISSION TO SELL TO THE TENANT OF A RETAINED HOLDING THE HOLDING, OR A NEW HOLDING (SECT. 34 (1) ).

____________________________

IRISH LAND COMMISSION.

LAND ACT, 1923 .

Record No.

Estate of                ,Owner. County of

To :— ............................................................ ..

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

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

The Irish Land Commission hereby offers to sell to you the holding described in the Schedule hereto being :—

(a) your original holding retained by the Irish Land Commission ;

(b) a new holding consisting of part of your original holding ;

(c) a new holding consisting of the whole or part of your original holding and other land ;

(b) or (c) shown on the map annexed hereto and described in the Schedule hereto.

at the price of...............pounds (£      ) which the Irish Land Commission is prepared to advance for the purchase thereof under the Land Purchase Acts, on the terms and conditions following :—

The holding to be vested in you in fee-simple subject as hereinafter mentioned and as provided by the Land Act, 1923 .

The advance to be repaid by an annuity of £     s.     d., being at the rate of 4¾ per cent. on the amount of the advance and as provided by the Land Act, 1923 .

The Sporting Rights on and over the holding—

(a) other than fishing rights and fisheries (if any) to be vested in you with the holding ;

(b) to be reserved to the Irish Land Commission.

Fishing Rights and fisheries (if any) appurtenant to the holding to be reserved to the Irish Land Commission.

The exclusive right of mining and taking minerals and digging and searching for minerals on or under the land comprised in the holding to be reserved to Saorstát Éireann.

SCHEDULE.

This offer may be accepted within one month from the date hereof, if not so accepted you will be deemed to have refused the offer.

FORM 23.

NOTICE OF INTENTION OF IRISH LAND COMMISSION TO DECLARE THE TENANT OF A RETAINED HOLDING THE PURCHASER OF A HOLDING WHICH HE HAS REFUSED TO PURCHASE SECT. 34 (1) ).

COURT OF THE IRISH LAND COMMISSION.

LAND ACT, 1923 .

Record No.

Estate of                , Owner.  County of

To ............................................................ ........

of............................................................ .....

Take notice that unless cause to the contrary be shown within one month from the date hereof the Irish Land Commission may make an order declaring you to be the purchaser of the lands described in the schedule hereto at the price and upon the terms and conditions specified in the offer to sell the said lands to you dated...............day of..................... 192......, which offer you have refused.

SCHEDULE.

N.B.—An objection by a tenant of a retained holding to the Land Commission making an order declaring him to be the purchaser of the holding or of a new holding should be in writing in Form 24 and shall be lodged in the Purchase Branch of the Land Commission within one month of the date of the service of the notice of intention to make such order.

FORM 24.

OBJECTION BY TENANT OF RETAINED HOLDING TO THE LAND COMMISSION DECLARING HIM PURCHASER OF SUCH HOLDING OR A NEW HOLDING (SECT. 34 (1) ).

[Heading and Title].

[Name of Objector]           of            hereby objects to the Irish Land Commission making an order declaring him to be the purchaser of part of the lands of

           , situate in the Barony of      and County of     ,

and containing     A.   R.   P., statute measure, in accordance with the notice from the said Commission served on him and dated the    day of      192  .

The reasons for the objection are as follows:—

[Here state the reasons fully].

FORM 25.

NOTICE OF APPEAL TO JUDICIAL COMMISSIONER (SECT. 34 (2) ).

[Heading and Title].

                   of

is aggrieved by the order of the Irish Land Commission dated the     day of   192 , declaring him to be the purchaser of part of the lands of     , situate in the Barony of  

and County of      , and containing  A.  R.  P., statute measure, and requires the matter to be heard and determined by the Judicial Commissioner.

Signature of Appellant or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 26.

REQUISITION BY OWNER OF UNTENANTED LAND TO LAND COMMISSION TO RESELL SAME TO HIM (SECT. 32).

[Heading and Title].

I                of

being the owner of the parcel of untenanted land described in the schedule hereto, hereby require the Irish Land Commission to resell such parcel to me at the price in said schedule stated, unless in the opinion of the said Commission it ought to be retained for improvement or enlargement or for utilisation in connection with the relief of congestion ; and I undertake to purchase the said parcel at the said price, and to enter into such agreement for purchase in pursuance of this requisition as the said Commission may require.

SCHEDULE.

FORM 27.

PARTICULARS OF FISHERIES APPURTENANT TO LANDS IN FORMS A, B, C, D or E (SECT. 45).

(1) Name of fishery and the rivers or loughs over which it extends and of the fishery district :—

(2) Nature of fishery :—

(3) Owner, lessee or licensee of the fishery :—

(4) Particulars of lease or license :—

(5) Estimated net annual profits :—

(6) Annual rateable value of the fishery :—

(7) Particulars of any house or lands used in connection with the fishery :—

(8) Particulars of means of access to the fishery :—

FORM 28.

NOTICE OF APPEAL TO JUDICIAL COMMISSIONER FROM DECISION FIXING PRICE OF FISHING RIGHTS OR FISHERY OR SPORTING RIGHTS.

[Heading and Title].

[Name of Appellant]              of

is aggrieved by the decision of the Irish Land Commission whereby the price of the fishing rights or fishery appurtenant to the [or, sporting rights on and over the untenanted] land comprised in this estate was fixed at the sum of £   and requires the price of such fishing rights or fishery [or, sporting rights] to be fixed by the Judicial Commissioner.

Signature of Owner or his solicitor.

To the Registrar of the Irish Land Commission.

FORM 29.

NOTICE TO LODGE DEEDS.

[Heading and Title].

You are hereby required within ten days from the service of this notice upon you to inform me in writing whether there are any, and if so what deeds, leases, maps, surveys, rentals, statements of title, Registry of Deeds or Registry of Judgments searches, or other documents in your custody or power relating to the lands described in the schedule hereto the subject-matter of the Statement of Ownership [or Originating Application or Request] filed herein, or to the superior interests or charges or incumbrances affecting such lands, and especially [Here name, if desired, any particular document as regards which information is required ]. And you are further required to lodge all such documents in this Court save such as come within the following exceptions, viz. :—

(1) A mortgagee, or a person entitled to a superior interest is not obliged to part with the instrument creating his security or interest, or dealing with it until the order for payment of his demand is made.

(2) A person (not being the Owner herein or a person having a charge on his estate) having the custody of any instrument as or on behalf of a person entitled to land not the estate of the Owner herein of which land such instrument is a muniment of title is not bound to lodge same.

(3) A person claiming to have a lien on any deed or deeds (but not a person merely having the custody of title deeds as mortgagee under a deed of mortgage) should not lodge such deed or deeds unless compelled to do so by order of the Court.

And you are hereby apprised that if, having in your custody or power any such documents as aforesaid, you refuse or neglect to comply with this notice, and in consequence thereof an application to the Court becomes necessary, this notice will be used to charge you with the costs of such application, and to deprive you of the costs of lodgment.

SCHEDULE.

FORM 30.

IRISH LAND COMMISSION.—CHURCH PROPERTY DEPARTMENT.

APPLICATION FOR THE APPORTIONMENT OF TITHE RENTCHARGE PAYABLE TO THE IRISH LAND COMMISSION.

Diocese............................................................ 

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

* Please quote this number correctly.

FIRST SCHEDULE.

SECOND SCHEDULE.

LAND PURCHASE ACTS.

ECCLESIASTICAL TITHE RENTCHARGE.

This endorsement is not to be filled by the Applicant.

No. (.......................)

Diocese of.....................................................

Benefice of....................................................

APPORTIONMENT.

Examined.................................................

Approved...............................................

FORM 31.

IRISH LAND COMMISSION.—CHURCH PROPERTY DEPARTMENT.

APPLICATION FOR THE APPORTIONMENT OF FIXED ANNUAL INSTALMENTS IN LIEU OF TITHE RENTCHARGE.