Labourers Cottage (Purchase) Regulations, 1938.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These regulations may be cited as The Labourers Cottage (Purchase) Regulations, 1938.
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paragraphs: The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these regulations in the same manner in which it applies for the purpose of the interpretation of an Act of the Oireachtas.
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paragraphs: The Labourers Cottage (Purchase) Regulations, 1937, shall be and the same are hereby revoked.
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paragraphs: In these regulations the expression " the Act " means the Labourers Act, 1936 .
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paragraphs: —(1) The prescribed places at which copies of a purchase scheme submitted to the Minister in pursuance of section 12 of the act shall be made available for public inspection shall be the principal offices of the board of health by which such purchase scheme was prepared and also every post office in the county health district at which Money Order business is transacted.
(2) The prescribed times at which the copies of a purchase scheme referred to in the immediately preceding paragraph shall be made available for public inspection shall be the hours during which the offices where such copies are so available remain open for the transaction of business during the period from the day before the first publication of notice under paragraph (a) of sub-section (6) of section 12 of the act, in relation to such purchase scheme and a date three weeks after the second publication of such notice.
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paragraphs: —(1) The prescribed places at which copies of an Order of the Minister under section 14 of the act declaring the day on which a purchase scheme comes into force and copies of such purchase scheme shall be made available for public inspection shall be the principal offices of the board of health by which such purchase scheme was prepared and also every post office in the county health district at which Money Order business is transacted.
(2) The prescribed times at which the copies of the order and purchase scheme referred to in the immediately preceding paragraph shall be made available for public inspection shall be the hours during which the offices where such copies are so available remain open for the transaction of business during the period from the date of the first publication of notice of the making of the order under sub-section (2) of section 14 of the act and a date three weeks after the second publication of such notice.
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paragraphs: The prescribed time within which notice shall be published of the making of an order by the Minister declaring the day on which a purchase scheme comes into force shall be fourteen days from the making of such order.
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paragraphs: Every form set forth in the Schedule to these Regulations shall be the prescribed form for the purpose specified therefor in the said Schedule.
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paragraphs: Every purchase scheme shall specify the particulars set forth in the prescribed form of purchase scheme (Form No. C.P. 1) in the Schedule to these Regulations.
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paragraphs: Every application made under section 16 of the act to a board of health for the transfer of the interest of such board of health in such cottage shall contain the particulars set forth in the prescribed form of such application (Form No. C.P. 4.) in the Schedule to these Regulations.
Given under the Official Seal of the Minister for
Local Government and Public Health this 8th
day of August, One Thousand Nine Hundred
and Thirty-eight.
(Signed) SEÃ?N T. Ã CEALLAIGH,
Minister for Local Government and Public Health.
FORM No. C.P. 1.
(PURCHASE SCHEME).
Scheme for the purchase of Cottages under the Labourers Act, 1936 , entitled the (Note 1).................................... Purchase Scheme made by the (Name of Board) ............................................................ .. on the..................day of......................................... 19......
The terms of purchase for every cottage described in the annexed Table shall be those set forth in the said Table for such cottage.
TABLE.
Number of Cottage
Townland where situated
Date of erection
Present Rent (Note 2).
Amount of terminable annuity
Number of years during which annuity is to be paid
Whether annuity is to be paid in one annual sum or in weekly, monthly, quarterly or half-yearly instalments
The above purchase scheme has been made by the (Name of Board) ……............................................................ ......................... at their meeting held this day.
Given under the Seal of the Board and signed by us this ......................... day of ............................................... 19......
….…………........................................Chairman.
...........................................
...........................................
Two other members present at the meeting.
...................………………..................Secretary of the Board.
NOTES.—1. The title should so far as possible indicate the location of the cottages.
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paragraphs: This column should show whether the rent is payable weekly or monthly.
FORM No. C.P. 2.
(NOTICE OF THE MAKING OF A PURCHASE SCHEME).
THE LABOURERS ACT, 1936 .
(.............................................. PUBLICATION). (Note 1.)
NOTICE is hereby given that the ............................................................ .......................... (Name of Board) in exercise of the powers conferred on them by Section 12 of the Labourers
Act, 1936, did, on the ............................................... day of ............................................................ . 19......
make a scheme, entitled the ............................................................ .............................. Purchase Scheme, setting out terms of purchase (by means of the payment of a terminable annuity) under the said Act for the cottage specified in the said scheme and situate in the......................................................(Note 2).
After the second publication of this Notice the said Purchase Scheme will be submitted to the Minister for confirmation.
Any person interested in the said purchase scheme may at any time within three weeks from the second publication of this notice send objections to the said scheme to the Minister for Local Government and Public Health at the Custom House, Dublin. Every such objection will be considered by the Minister.
Copies of the purchase scheme have been deposited at............................................................ .........
and at every post office in the............................................................ ................................... county health district at which Money Order business is transacted and said copies may be inspected at any of the said places during business hours.
Dated the......................... day of .................... 19.........
............................................................ ...............
Secretary of the Board.
NOTES ON FORM 2.
(Not to appear on the Notice).
NOTE 1.—Insert " First " or " Second."
NOTE 2.—Where all the cottages in the county health district or in the area of a former rural district are included in the scheme it will be sufficient to insert " the....................................... county health district " or, " the area of the former.........................................................rural district." Similarly for a district electoral division or a dispensary district. In any other case the names of any townland in which any of the cottages are situated should be inserted here.
FORM C.P. 3.
(NOTICE OF THE MAKING OF AN ORDER DECLARING THE DAY ON WHICH A PURCHASE SCHEME COMES INTO FORCE).
THE LABOURERS ACT, 1936 .
Notice is hereby given that the Minister for Local Government and Public Health in exercise of the powers conferred on him by Section 14 of the Labourers Act, 1936 , did, on the........................ day of....................................19......, make an order declaring that the...........:..................................... Purchase Scheme, having been confirmed by the said Minister (with modifications) by order dated the..................day of....................................19......, should come into force on the..................day of....................................19....... The said Purchase Scheme relates to cottages situated in the..............................(Note).
After the said............................day of....................................19......, any tenant of a cottage to which the scheme relates who is a qualified person may apply to the................................................ (Name of Board of Health) for the transfer to him of the Board's interest in such cottage on the terms specified for such cottage in the said purchase scheme.
Copies of the purchase scheme, of the order confirming the purchase scheme and of the order declaring that the purchase scheme should come into force on the...........................day of..........................................19......, have been deposited at................................................... and at every post office in the county health district at which Money Order business is transacted and the said copies may be inspected at any of the said places during business hours.
Dated the .............. day of ..................... 19 ..........
............................................................ .................
Secretary of the Board.
NOTE (not to appear on the notice).
Where all the cottages in the county health district or in the area of a former rural district are included in the scheme it will be sufficient to insert " the........................................County Health District " or " the area of the former .........................................rural district." Similarly for a district electoral division or a dispensary district. In any other case the names of any townland in which any of the cottages are situated should be inserted here.
FORM C.P. 4.
(APPLICATION FOR PURCHASE OF COTTAGE).
THE LABOURERS ACT, 1936 .
TO THE (Name of Board of Health)............................................................ ..................................
I ............................................................ ......... of............................................................ ........... hereby make application for the transfer to me of the Board's interest in the cottage occupied by me, particulars of which are set out hereunder, being a cottage to which the.............................................. Purchase Scheme relates on the terms specified in the said Purchase Scheme and I declare that—
(Alternative 1).
I am the tenant of the said cottage and that I am or was when I first became such tenant an agricultural labourer.
(Alternative 2).
I am the widow
child
relative (Note 1.)
of ..................................................... now deceased. I was resident
in the said cottage at the date of his (her) death, and the said...................................................... was on that date tenant of the said cottage and an agricultural labourer.
(Alternative 3).
I am the widow
child
relative [Note 1.)
of ....................................................... now deceased. I was resident
in the said cottage at the date of his (her) death and the said............................................... was on that date tenant of the said cottage and was when he (she) first became such tenant an agricultural labourer—
doing
(Alternative 1).
Agricultural work for hire.
(Alternative 2).
Work for hire (otherwise than as a domestic or menial servant) in a rural district.
(Alternative 3).
Work in a rural district at a trade or handicraft without employing any persons except
members of
my
}
own family.
his
FORM C.P. 4 (continued ).
PARTICULARS OF COTTAGE.
Number
Townland where situated
Date of erection
Present Rent (Note 2)
Amount of terminable annuity
Number of years during which annuity is to be paid
Whether annuity is to be paid in one annual sum or in weekly, monthly, quarterly or half-yearly instalments
Signed ............................................................ .............................
This ........................ day of .................................... 19 ..............
NOTES.—1. The nature of the relationship should be specified.
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paragraphs: This column should show whether the rent is payable weekly or monthly.
FORM No. C.P. 5.
(VESTING ORDER).
THE LABOURERS ACT, 1936 .
WHEREAS the............................................................ ......Purchase Scheme, being a purchase scheme made by the (Name of Board of Health)............................................................  (hereinafter referred to as the Board) in pursuance of the Labourers Act, 1936 , came into force on the.......................day of.............................................19.............. and is still in force :
AND WHEREAS the cottage (and plot) particulars of which are set forth in the Table at the foot of this Order (hereinafter referred to as " the cottage ") is a cottage (and plot) to which the said purchase scheme applies ;
AND WHEREAS .................................... of .......................... (hereinafter referred to as the purchaser) has in pursuance of Section 16 of the said Act made application to the Board for the transfer to him (her) of the interest of the Board in the said cottage (and plot) ;
AND WHEREAS the board is satisfied that the purchaser is entitled under the said Section 16, as amended by Section 11 of the Housing and Labourers Act, 1937 , to make the said application ;
AND WHEREAS a sum of £ s. d in respect of rent for the cottage (hereinafter referred to as " the arrears ") remains due at the time of the making of the vesting order ;
[AND WHEREAS the board has directed that the arrears be paid with interest and has appointed..........................per centum as the rate of such interest for the county health district] ;
NOW, THEREFORE, the board in exercise of the powers conferred on them by section 17 of the Act, as so amended, hereby makes the following order in relation to the cottage, that is to say :—
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paragraphs: In this Order the following expressions shall have the meanings hereby assigned to them, that is to say :—
The Vesting Day means the ......................... day of .................................................... 19 ........
The principal annuity means the terminable annuity specified in the............ Purchase Scheme in relation to the cottage and in the table at the foot of this Order ;
The payment period means the number of years specified in the said purchase scheme and in the table at the foot of this Order during which the principal annuity is to be payable and commencing on the day next following the vesting day ;
The funding period means the number of years commencing with the payment period specified in the table at the foot of this Order within which the arrears are to be paid to the board.
The funding annuity means the annuity specified in the table at the foot of this Order by means of which the arrears are to be paid.
The gale days mean the days specified in the table at the foot of this
Order being the days on which each ......................... ly instalment of the principal annuity is to be paid under the said Purchase Scheme.
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paragraphs: The cottage shall vest on the vesting day in the purchaser in fee simple, free from incumbrances and all estates, rights, titles and interests of whatsoever kind but subject to and charged with the payment to the board of the principal annuity during the payment period and the funding annuity during the funding
period in ................................ ly instalments on each gale day, and subject also to the following conditions, which conditions are hereby declared to apply to the cottage, that is to say :
I. That on each gale day during the payment period an instalment of the annuity of the amount specified in the table at the foot of this Order shall be punctually paid to the Board.
II. That on each gale day during the funding period an instalment of the funding annuity of the amount specified in the table at the foot of this Order shall be punctually paid to the Board.
III. That subject to the provisions of the Labourers Act, 1936 , the cottage shall not be used during the payment period for any purpose except one and one only of the following purposes, that is to say :—
(i) for the purpose of the accommodation of the purchaser or the purchaser and members of his family ;
(ii) on the death of the purchaser, for the purpose of the accommodation of a person, who is the widow, child or other relative of the purchaser and was resident in such cottage at such death, or such person and members of such person's family ;
(iii) the purpose of the accommodation of an agricultural labourer or an agricultural labourer and members of his family.
IV. The cottage shall not be alienated otherwise than by operation of law or by sale with the consent of the board.
V. The cottage shall be kept in good sanitary condition and repair.
VI. The cottage shall not be sub-divided.
VII. The plot (if any) held with such cottage shall not be let in conacre.
VIII. No soil, sand, gravel or similar material shall be removed from the plot (if any) held with such cottage except so far as may be necessary for the proper cultivation of such plot or the erection of necessary buildings.
FORM C.P. 5 — (continued).
TABLE OF PARTICULARS.
Number of Cottage
Townland where situated
Date of erection
Amount of principal annuity
Number of years in payment period
Amount of funding annuity
Number of years in funding period
Amount of ...........ly instalment of principal annuity.
Amount of ............ly instalment of funding annuity
Gale Days
1
2
3
4
5
6
7
8
9
10
FORM C.P. 5—(continued).
This Order has been made by the (Name of Board) ............................................................ .........................
at their meeting held this ............................................................ ...............
day of ............................................................ ................ 19 ...........
............................................................ .......... Chairman.
...................................................
Two other members present at the meeting.
...................................................
............................................................ ........... Secretary of the Board.
NOTE (Not to appear on the Vesting Order) :—
Where no sum in respect of rent remains due at the time of the making of the vesting order the inappropriate portions of the form should be omitted and the principal annuity may be referred to as the annuity.