Land Purchase Acts Rules, 1939.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: In these Rules and Orders, unless the context otherwise requires, " The Act " means the Land Act, 1939 (No. 26 of 1939).
Interpretation.
num: 2
paragraphs: The Interpretation Act, 1937 (No. 38 of 1937), applies to the interpretation of these Rules and Orders in like manner as it applies to the interpretation of an Act of the Oireachtas.
Title.
num: 3
paragraphs: These Rules and Orders may be cited as the Land Purchase Acts Rules of 1939.
Saving of existing Rules.
num: 4
paragraphs: All Rules heretofore made under the Land Purchase Acts shall continue in force save in so far as they are revoked by, or are incosistent with, these Rules.
ORDER II. GUARANTEE DEPOSITS.
Section 10.
Application for payment of dividends on land bonds retained for guarantee deposits.
num: 1
paragraphs: An application to the Judicial Commissioner by a person claiming to be entitled to the dividends on land bonds retained as a guarantee deposit for payment of the said dividends shall be made by motion on notice, and shall be supported by an affidavit giving particulars of the circumstances which the applicant relies upon to substantiate his claim. Service of the notice may be by registered post and shall be made upon the Land Commission and on the persons entered upon the Register as entitled to or interested in the guarantee deposit, and on such other persons as the Judicial Commissioner may direct.
Rule 5 of Order VIII of the Provisional Rules of the 6th of May, 1931, is hereby revoked.
Applications by the Land Commission for the rescission or variation of an order for the payment of dividends on land bonds retained for guarantee deposit.
num: 2
paragraphs: An application by the Land Commission to the Judicial Commissioner to rescind or vary an order made under Rule 1 of this Order for payment of the dividends on land bonds retained as a guarantee deposit and to direct that the dividends be retained with the land bonds shall be made by the solicitor to the Land Commission by motion on notice. Service of the notice may be by registered post and shall be made upon the person to whom the dividends are being paid under an order of the Judicial Commissioner.
Provided, however, that such application may be made ex parte by the Land Commission on the consent of the person to whom the dividends are being paid under any such order.
Applications by the Land Commission for payment out of guarantee deposits.
num: 3
paragraphs: An application by the Land Commission to the Judicial Commissioner for payment to them of any moneys payable out of a guarantee deposit shall be made ex parte by the solicitor to the Land Commission and shall be supported by a certificate under the seal of the Land Commission stating the amount of the money claimed to be repayable out of the guarantee deposit and the circumstances under which such claim arises.
Provided, however, that where the Judicial Commissioner so directs such application shall be made by motion on notice. Service of the notice may be by registered post and shall be made on the solicitor on record in the matter in which the guarantee deposit had been retained or on such other persons as the Judicial Commissioner may direct.
Rule 6 of Order VIII of the Provisional Rules of 6th May, 1931, is hereby revoked.
Service of notice of the making of an order for payment out of guarantee deposits.
num: 4
paragraphs: When an order has been made by the Judicial Commissioner for payment of any money out or a guarantee deposit notice of the making of the order shall be served by the Land Commission by registered post upon the persons entered on the Register as entitled to the guarantee deposit and, where such persons are represented by solicitors on record, on such solicitors.
ORDER III. AMENDMENTS OF LISTS OF VESTED HOLDINGS.
Section 18.
num: 1
paragraphs: Rules 2 and 3 of Order I of the Provisional Rules of 6th May, 1931, are revoked as regards the amendments made in lists of vested holdings prescribed for in section 18 of the Act, and in lieu of Rule 3 of the said Order, Rules 2 and 3 of Order III of the same Rules shall apply to objections to such amendments.
ORDER IV. PARTITION OF HOLDINGS HELD IN COMMONAGE.
Section 24.
Application for subdivision.
num: 1
paragraphs: An application by one or more of the owners in common of a holding to the Land Commission for a compulsory subdivision of the holding shall be in Form 117—shall be signed by the applicant or his solicitor and shall be accompanied by a map showing the proposed subdivision. The form shall contain the names and addresses of all the co-owners of the holding and shall state the circumstances under which the consent of the co-owners other than the applicant to the subdivision of the holding has not been obtained. The application shall be filed in the Land Commission.
Land Commission to serve notice of filing of an application.
num: 2
paragraphs: When the application has been filed the Land Commission shall serve notice of such filing personally or by registered post on all the co-owners of the holding or on their respective solicitors.
Land Commission to prepare a map.
num: 3
paragraphs: When the Land Commission has prepared a scheme for the subdivision of the holding, a map of the proposed scheme shall be filed in the Land Commission and shall be open to inspection at any time the offices of the Land Commission are open for the transaction of business.
Land Commission to serve notice of the scheme.
num: 4
paragraphs: The notice by the Land Commission giving particulars of the scheme for the subdivision of the holding and stating the manner in which and the time within which objections thereto may be lodged, shall be served personally or by registered post on all the co-owners of the holding or on their respective solicitors.
Time for lodgment and form of objection.
num: 5
paragraphs: Any person objecting to the scheme for the subdivision of a holding may lodge his objection within one month of the service upon him of the notice of the proposed scheme. The objection should be in writing in Form 118. It should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Land Commission and notice of such filing shall be served by the Land Commission personally or by registered post on the persons, other than the objector, appearing to be affected thereby, or on their respective solicitors.
Notice of the hearing of the application.
num: 6
paragraphs: If any objections are lodged the application shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objectors, on the applicant and on the other persons appearing to be interested in the application or in the objections, or on their respective solicitors.
ORDER V. PAYMENT OF ARREARS OF INSTALMENTS OF LOANS MADE BY THE CONGESTED DISTRICTS BOARD.
Section 25.
num: 1
paragraphs: The arrears of instalments of loans to which this section applies, found to be due under and made payable by this section shall be payable to the Land Commission in six equal instalments, payable half-yearly, the first of such instalments on the gale day next after the 8th day of August, 1939, and the remainder on the ensuing gale days.
ORDER VI. FUNDING OF ARREARS AND REVISION OF RENTS PAYABLE TO THE CHURCH TEMPORALITIES FUND.
Sections 26, 27 and 28.
num: 1
paragraphs: An application by the owner of land subject to an annual payment to the Church Temporalities Fund as defined in sub-section (10) of section 18 of the Land Act, 1933 , and extended by section 28 of the Act for an order declaring the amount of the arrears of such payment to be payable by means of a funding annuity and/or revising the annual payment shall be in Form 119, shall be verified by the applicant and shall be filed in the Secretariat (Church Property) Branch of the Land Commission.
ORDER VII. EXCHANGE OF PORTIONS OF HOLDINGS.
Section 33.
Notice to be served by the Land Commission.
num: 1
paragraphs: Before making an order ratifying the exchange of portions of adjoining holdings under section 33 of the Act, unless the owners and tenants of the holdings concerned are consenting parties, the Land Commission shall serve a notice having a map annexed thereto showing the proposed exchange, and stating the manner in which and the time within which objections thereto may be made. The notice shall be served personally or by registered post on the persons appearing to the Land Commission to be interested in the exchange, or on their respective solicitors.
Time for lodgment and form of objection.
num: 2
paragraphs: Any person objecting to the proposed exchange of portions of holdings may lodge his objection within one month of the service upon him of the notice of the proposal of the Land Commission to ratify the exchange. The objection should be in writing in Form 120; it should state the grounds of objection and should be signed by the objector or his solicitor and filed in the Purchase Branch of the Land Commission and notice of such filing shall be served by the Land Commission personally or by registered post on the persons, other than the objector, appearing to be affected thereby or on their respective solicitors.
Notice of hearing of an objection.
num: 3
paragraphs: The objection shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the objector and the other persons appearing to be interested or on their respective solicitors.
ORDER VIII. TRANSFER OF CHARGES ON EXCHANGE OR REARRANGEMENT OF HOLDINGS OR PARCELS.
Section 35.
num: 1
paragraphs: An application to the Judicial Commissioner for the determination of any question as to the value of the subject of a charge, the value of a new or rearranged holding, the security for a charge or portion of a charge proposed to be transferred by order under section 35 of the Act, the apportionment of any charge, or the amount which should be redeemed of any charge shall be made on notice to all persons who would be affected thereby and such notice shall state specifically the question on which the determination is sought.
ORDER IX. SUBTENANCIES ON PURCHASED HOLDINGS.
Section 38.
Application by a subtenant on a purchased holding.
num: 1
paragraphs: An application by a subtenant of a tenant on land to which section 10 of the Land Act, 1927 , as extended by section 38 of the Act applies to have his subtenancy brought within the provisions of the Land Act, 1923 , by virtue of which land is vested in the Land Commission as tenanted land shall be in writing in Form 121 and shall be filed in the Purchase Branch of the Land Commission.
Notice of the filing of the application.
num: 2
paragraphs: When the application has been filed notice of such filing shall be served by the Land Commission personally or by registered post on the persons appearing to be the immediate landlord and the superior landlord or on their respective solicitors.
Notice of the hearing of the application.
num: 3
paragraphs: Unless the application is otherwise disposed of it shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested or their respective solicitors.
ORDER X. RESUMPTION OF HOLDINGS.
Section 39.
Service of notice of intention to resume.
num: 1
paragraphs: Notice of the intention of the Land Commission to apply for leave to resume a holding or part of a holding shall be published in Iris OifigiÃºil and a copy of the said notice shall be served by registered post on the person appearing to be in occupation as tenant of the holding. The notice shall state the manner in which and the time within which such person as aforesaid may present a petition to the Land Commission that the holding, or the part thereof be not resumed without further inquiry, and shall also indicate the appropriate Branch of the Land Commission in which such petition shall be filed.
Petition against resumption.
num: 2
paragraphs: Any such tenant desiring to present a petition to the Land Commission praying that the holding or part thereof (as the case may be) be not resumed without further inquiry may, within one month from the date of the publication of the notice in Iris OifigiÃºil or of the date of the service of such notice on him whichever shall be the later, file his petition in the appropriate Branch of the Land Commission as indicated in the said notice. The petition may be in Form 122 and shall set out the petitioner's grounds for asking that the holding be not resumed without further inquiry.
Hearing of petition.
num: 3
paragraphs: Unless the petition is otherwise disposed of it shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal), and not less than fourteen days' notice of the hearing shall be served personally or by registered post on the petitioner or his solicitor.
Requisition for an alternative holding to be lodged.
num: 4
paragraphs: A requisition by such tenant to have the whole of his holding resumed (where part only had been resumed) and to have any other land held or belonging to him in the neighbourhood of such holding acquired and to be provided with a new holding shall be in writing signed by the tenant or by his solicitor. It should be in Form 123 and shall be filed in the appropriate Branch of the Land Commission as indicated in the foregoing rules of this Order within one month of the date of the Order of the Appeal Tribunal authorising the resumption of the holding or the part thereof.
Listing of the requisition for a new holding.
num: 5
paragraphs: If the Lay Commissioners (other than the members of the Appeal Tribunal) are not satisfied that such tenant is entitled to have the foregoing requisition granted, the requisition shall, if the tenant so requires be listed for hearing before them and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the tenant or on his solicitor.
Revocation of previous rules.
num: 6
paragraphs: Order VII of the Rules under section 3 of the Land Act, 1933 , dated the 22nd day of January, 1934, and Form 103 are hereby revoked.
ORDER XI. EXTINGUISHMENT OF EASEMENTS, RIGHTS AND TENANCIES.
Section 41.
Notice of intention to make an order to be published and served.
num: 1
paragraphs: Before exercising the powers conferred by section 41 of the Act of extinguishing any easement, grazing, turbary, or other right or tenancy, the Land Commission shall publish in Iris OifigiÃºil a notice of intention to make an order extinguishing such easement, right or tenancy. A copy of such notice together with a notice of the manner in which and the time within which objections to the making of such order may be made shall be served personally or by registered post on all persons appearing to be concerned in the matter.
Time for objection.
num: 2
paragraphs: Any person claiming to be entitled to any such easement or right or to any such tenancy, may within one month of the date of the service of the notice on him, or within one month of the date of the publication of the notice in Iris OifigiÃºil, whichever date be later, file in the Acquisition and Resales Branch of the Land Commission an objection in writing which may be in Form 124. The objection should state fully the grounds of objection and should be signed by the objector or by his solicitor.
Hearing of objections.
num: 3
paragraphs: The Lay Commissioners (other than the members of the Appeal Tribunal) shall consider all objections that may be filed, and unless the same are allowed shall list them for hearing before them. Not less than fourteen days' notice of the hearing shall be served personally or by registered post on the objector and on such other persons as may appear to the Land Commission to be interested in the objection or on their respective solicitors.
ORDER XII. FEE, FARM GRANTS, CONVEYANCES SUBJECT TO PERPETUAL RENT CHARGES AND LONG LEASES.
Section 47.
Form of application
num: 1
paragraphs: An application by the owner of a parcel of land under section 44 of the Land Act, 1931 , as amended by subsequent Acts and by the Act shall be in Form 125 and shall be verified by the affidavit of the owner and shall be accompanied by a portion of the Ordnance Map, showing the entire lands out of which the rent is payable and, ifapportionment is necessary, in distinctive colours the portions between which it is proposed to apportion the rent, and shall be filed in the Purchase Branch of the Land Commission.
Revocation and application of Rules.
num: 2
paragraphs: Rule 1 of Order XI of the Land Purchase Acts Rules dated the 9th day of December, 1936, and Form 114 are hereby revoked. Rules 2, 3, 4 and 5 of the same Order shall be considered as referring to an application made under this Order.
ORDER XIII. APPLICATIONS BY SUBTENANTS TO HAVE PARTICULARS FURNISHED.
Section 53.
Application for an Order for furnishing particulars.
num: 1
paragraphs: An application by a subtenant who claims to be entitled to a declaration deeming him to be the tenant of the holding, or the part thereof of which he is in occupation, to the Land Commission for an Order requiring the landlord or the tenant of the holding to furnish the particulars of the holding and of the subtenancies thereon in accordance with the provisions of sub-section (1) of section 40 of the Land Act, 1923 , shall be in writing in Form 126 and shall be filed in the Purchase Branch of the Land Commission.
Notice of filing of the application.
num: 2
paragraphs: When the application has been filed notice of such filing shall be served by the Land Commission personally or by registered post on the persons appearing to be the landlord and tenant of the holding and on all other persons appearing to be interested in the matter or on their respective solicitors.
Notice of the hearing of the application.
num: 3
paragraphs: Unless the application is otherwise disposed of it shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served by the Land Commission personally or by registered post on the applicant and on the other persons appearing to be interested or their respective solicitors.
ORDER XIV. APPOINTMENT OF LIMITED ADMINISTRATORS AND NOMINATION OF REPRESENTATIVES.
Section 54.
Application of Rules.
num: 1
paragraphs: Rules 1 and 2 of Order XXXVIII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, are hereby extended so as to include and provide for the appointment of Limited Administrators in all proceedings under the Land Purchase Acts and for the nomination of persons to represent an absent person or persons under disability in any such proceedings, with the modification that the appropriate Branch of the Land Commission shall be substituted for the Registrar's Office in Rule 1.
ORDER XV. WATERCOURSES AND DRAINS.
Section 55.
Notice to be served by the Land Commission.
num: 1
paragraphs: Before exercising the powers conferred by section 55 of the Act of making watercourses and drains, unless the owner of the land on which the watercourses or drains are to be made is a consenting party, the Land Commission shall serve personally or by registered post upon the person appearing to be the owner a notice having a map annexed thereto of the watercourse or drains proposed to be made.
Objection to the proposed Order.
num: 2
paragraphs: Such owner may within one month of the date of the service of the notice on him lodge in the Land Commission an objection in writing which may be in Form 127, signed by him, or his solicitor, stating fully the grounds of his objection. The Land Commission shall consider any objection that may be lodged, and unless the same be allowed, or the proposed plans be varied in agreement with the objector, the objection shall be listed for hearing before the Lay Commissioners (other than the members of the Appeal Tribunal) and not less than fourteen days' notice of the hearing shall be served personally or by registered post on the objector and such other persons as may appear to the Land Commission to be interested in the subject matter of the objection, or on their respective solicitors.
ORDER XVI. PROVISION OF WATER RIGHTS.
Section 56.
Application of Rules.
num: 1
paragraphs: Order XIII of the Provisional Rules under the Land Purchase Acts, dated the 6th day of May, 1931, shall apply to the extended power of conferring Water Rights given by section 56 of the Act.
ORDER XVII. FIXATION OF SAND.
Section 57.
Publication and Service of Notice.
num: 1
paragraphs: Copies of the notice published in Iris OifigiÃºil of the intention of the Land Commission to exercise the powers given by section 57 of the Act for the purposes of sand fixation shall be published in a newspaper circulating in the district in which the lands are situated, and shall be served personally or by registered post on the personsappearing to be the owners of the lands and such other persons as the Land Commission may consider to be interested in the matter, or on their respective solicitors.
Map to be filed.
num: 2
paragraphs: The Land Commission shall prepare a map showing the lands proposed to be acquired and the rights of way, roads, bridges or waterways proposed to be closed, diverted or interfered with. The map shall be filed in the Land Commission and shall be open to inspection at any time the offices of the Land Commission are open for the transaction of business.
Time for objections.
num: 3
paragraphs: Any person objecting to the proposals contained in the notice may within one month of the service on him of the said notice or of the publication thereof in the Iris OifigiÃºil or in the newspaper, whichever be the later date, lodge in the Land Commission an objection in writing which may be in Form 128. The objection shall state fully the grounds of objection, and should be signed by the objector or his solicitor.
Hearing of objections.
num: 4
paragraphs: The Lay Commissioners (other than the members of the Appeal Tribunal) shall consider all objections that may be lodged, and unless the same are otherwise disposed of shall list them for hearing. Not less than fourteen days' notice of the hearing of an objection shall be served personally or by registered post on the objector and on such other persons as may appear to the Land Commission to be interested in the matter or on their respective solicitors.
Notice of compensation.
num: 5
paragraphs: Unless the price or compensation to be paid by the Land Commission in respect of the exercise of the foregoing powers is agreed upon, notice of the fixing of the price shall be served personally or by registered post on such persons as may be found by the said Lay Commissioners to be entitled thereto or on their respective solicitors.
ORDER XVIII. PROHIBITION OF THE REMOVAL OF THE SURFACE OF LAND.
Section 58.
Publication and service of Notice.
num: 1
paragraphs: Notice of the intention of the Land Commission to make an order prohibiting the removal of the surface of any land shall be given by posting a copy of the notice on some conspicuous place on the lands and by serving a copy of the notice personally or by registered post on the persons appearing to the Land Commission to be affected by the proposed order either as owners of the lands or otherwise, or on their respective solicitors.
Form of Notice.
num: 2
paragraphs: The notice shall be in Form 129.
ORDER XIX. CERTIFIED COPIES OF DOCUMENTS.
Copies of certain documents not to issue without leave.
num: 1
paragraphs: Certified copies of Abstracts of Title or documents connected therewith, agreements for sale between vendor and purchaser, undertakings to purchase from the Land Commission, conveyances to purchasers, vesting orders and fiats, shall not be issued without leave of the Judicial Commissioner or the direction of the Examiner, except to vendors or purchasers their successors in title or their respective solicitors.
Former Rule rescinded.
num: 2
paragraphs: Rule 2 of Order XLV of the Provisional Rules issued by the Irish Land Commission on the 5th day of February, 1924, is hereby rescinded.
ORDER XX. TIME AND FORMS.
Power to enlarge or abridge time.
num: 1
paragraphs: The Judicial Commissioner, or the Lay Commissioners in cases not within the exclusive jurisdiction of the Judicial Commissioner, shall have power to enlarge or abridge the time appointed by these Rules and Orders, or fixed by an Order for doing any act, or taking any proceedings, on such terms, if any, as the justice of the case may require, and any such enlargement may be applied for and ordered after the expiration of the time appointed.
Variation of Forms.
num: 2
paragraphs: The several forms in the appendix may, when necessary, be adapted or varied to suit a particular case, and any of such forms may from time to time be varied or cancelled and new forms substituted by the Land Commission.
APPENDIX.
FORMS.
FORMS 117.
APPLICATION FOR PARTITION OF A HOLDING BY A CO-OWNER.
IRISH LAND COMMISSION.
LAND ACT, 1939 —SECTION 24.
Names and Addresses of the co-owners.
............................................................ ............................................................ ............................................................ ...............
Folio No. County (if the holding is vested).
Register No. Estate of
No. of the Receivable Order issued by the Land Commission for payment of the half-yearly instalment of annuity or annual sum.
Co.
Record No.
(if the holding is not vested).
The application of the above named (hereinafter called the applicant (s)) sheweth :—
num: 1
paragraphs: That the above named owners are the owners in common of the lands set out in the first schedule hereto which have been purchased (or are subject to a purchase agreement) under the Land Purchase Acts, and which are shown outlined in red on the map annexed to this application.
num: 2
paragraphs: That the said lands are held by the owners in the following undivided shares (set out the shares and the respective owners) subject to the revised annuity (or annual sum) set out in the first schedule hereto.
num: 3
paragraphs: That the revised annuity (or revised annual sum) has heretofore been paid by the co-owners in the following shares, that is to say :—
num: 4
paragraphs: That it is desired by the applicant(s) that the holding be partitioned for the following reasons (the reasons should be stated fully).
num: 5
paragraphs: That the consent of the co-owners other than the applicant(s) to the partition of the holding has not been obtained under the following circumstances (state the circumstances—e.g., absence, unwillingness, incapacity or otherwise).
num: 6
paragraphs: That the lands are (not) subject to a Tithe-Rent charge (if subject, give particulars).
num: 7
paragraphs: That the proposed partition of the holding is set out in the second schedule hereto and is shown in the annexed map thereon marked by the letters set out in the said second schedule opposite to the names of each of the co-owners.
num: 8
paragraphs: That the applicants submit that the revised annuity (or annual sum) be apportioned in the manner set forth in the said second schedule.
num: 9
paragraphs: That the applicant(s) is (are) the proprietor(s) (or purchasing tenant(s)) of other lands that is to say (give full particulars) and is (are) willing that the (respective) share(s) of the holding where partitioned should be consolidated with those lands.
and the applicant(s) pray(s) that the Land Commission should prepare a scheme for the compulsory partition of the holding and the apportionment of the revised annuity (or annual sum).