Land Purchase Acts Rules, 1960.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules and Orders may be cited as the Land Purchase Acts Rules of 1960.
The Act.
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paragraphs: In these Rules and Orders "the Act" means the Land Act, 1953 (No. 18 of 1953).
Interpretation.
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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.
Saving of existing Rules.
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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 inconsistent with, these Rules.
ORDER II. APPLICATION FOR AN ORDER TO LEVY.
SECTION 19 (2) OF THE ACT AND SECTION 17 (1) OF THE LAND ACT, 1939 .
Application for Order to Levy.
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paragraphs: An application pursuant to sub-section (1) of Section 17 of the Land Act, 1939 , or that sub-section as amended by sub-section (2) of Section 19 of the Act shall be made ex parte to the Lay Commissioners. The application shall be grounded, as may be appropriate, on a certified copy of the Order of the Lay Commissioners or on a certificate of taxation of a Taxing Master of the High Court together with a certificate signed by the Applicant or his Solicitor that the amount of the costs and expenses as measured or taxed or the amount of any part thereof remaining unpaid has been duly demanded and has not been paid.
Costs of obtaining and Form of Order.
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paragraphs: A sum of £2 2s. 0d. may be added for the costs of obtaining the order for the levying of the amount of the costs and expenses as measured or taxed or the amount of any part thereof remaining unpaid. The Order to Levy issued by the Lay Commissioners shall be in Form 135.
Revocation.
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paragraphs: The Land Purchase Acts Rule, 1942 ( S. R. & O. No. 70 of 1942 ) and Form 130 are hereby revoked.
ORDER III. ORDERS FOR POSSESSION.
Amendments of Order V, Rules 1, 2, 3 and 6 of the Provisional Rules dated 24th August, 1927.
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paragraphs: Rules 1, 2, 3 and 6 of Order V of the Provisional Rules under the Land Purchase Acts dated the 24th day of August, 1927, are hereby amended by the substitution of "County Registrar" or "Sheriff" as may be appropriate in any case, for "Under-Sheriff" where it appears in the said Rules.
ORDER IV. PARTITION OF RIGHT OF GRAZING OR TURBARY OR RIGHTS OF GRAZING AND TURBARY.
SECTION 23 OF THE ACT.
Extension of Order IV of the Land Purchase Acts Rules of 1951.
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paragraphs: In addition to their present application, Rules 1 to 6 (inclusive) of Order IV of the Land Purchase Acts Rules of 1951 ( S.I. No. 50 of 1951 ) shall also apply in relation to the compulsory partition of any right or rights referred to in Section 23 of the Act, and accordingly any reference in the said Rules 1 to 6 (inclusive)—
(a) to co-owners of such land or to co-owners of the land or to any co-owner shall include a reference to persons or to any person (as the case may be) entitled to such right or rights and a reference to the owner or owners (if more than one) of the land affected thereby, and
(b) to land not being land within the context of paragraph (a) of this Rule, shall include a reference to such right or rights, and
(c) to lands shall include a reference to lands affected and such right or rights thereon,
and Forms 131 and 132 referred to in Rules 1 and 5 of the said Order IV may be adapted or varied to suit any particular case, provided that the Land Commission shall not be required to serve any notice on the owner or owners (if more than one) of the land affected by such right or rights except it is reasonably practicable to ascertain such owner or owners.
ORDER V. PROCEDURE BEFORE THE SEALING OF A CERTIFICATE AND FOR SHOWING CAUSE AGAINST SUCH SEALING.
SECTION 2 of THE LAND ACT, 1946 .
Publication of Notice of intention to seal a certificate and Application to show cause against such sealing.
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paragraphs: Not less than one month before a certificate may be made and sealed by the Land Commission in virtue of paragraph (v) of Section 2 of the Land Act, 1946 , in any matter, the Land Commission shall
(a) publish in Iris OifigiÃºil a Notice in Form 136 of the intention of the Land Commission to seal such certificate unless cause to the contrary is shown, and
(b) state in such notice the time, being not less than one month, within which any person desiring to show cause may lodge an application in that behalf in writing and that such application may be filed in the Acquisition and Resales Division of the Land Commission, and
(c) serve a copy of such notice personally or by registered post on all persons appearing to have an interest in such matter or on their respective solicitors,
and any person desiring to show cause may, within the time mentioned in such notice, lodge an application in Form 137 showing fully the applicant's grounds of objection, signed by the applicant or his solicitor and file such application in the Acquisition and Resales Division of the Land Commission.
Hearing of application to show cause.
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paragraphs: The Land Commission shall consider any application to show cause and shall have the application, if not otherwise disposed of, listed before the Lay Commissioners for hearing on giving not less than fourteen days' notice of such hearing by service personally or by registered post on the applicant and on any other person appearing to be interested or on their respective solicitors and the Lay Commissioners shall hear and determine any such application.
ORDER VI. COMPULSORY ACQUISITION.
Amendment of Order V, Rules 1 and 2, of the Land Purchase Acts Rules of 1936.
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paragraphs: Order V of the Land Purchase Acts Rules of 1936, (S.R. & O. 1936, No. 361), is hereby amended as follows :—
(a) by the insertion, in lieu of the words "or his solicitor", in Rule 1 thereof, of the words "and on such other persons as appear to the Land Commission entitled to notice or on their respective solicitors", and
(b) by the substitution for Rule 2 thereof of —
Objection to provisional list.
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paragraphs: Any person objecting to the provisional list may lodge his objection within one month after the publication of such list in Iris OifigiÃºil or the service (where effected) of a copy of such list on such person whichever shall be the later. The objection may be in writing in Form 109 ; it should state the grounds of objection and be signed by the objector or his solicitor and, notwithstanding any other provision in any other rule or order, should be filed in the Acquisition and Resales Division of the Land Commission and the Land Commission shall not be required to serve any notice of such filing.
in lieu of the said Rule 2 which, without prejudice to any pending proceeding, is hereby revoked.
ORDER VII. PROHIBITION OF THE REMOVAL OF THE SURFACE OF LAND.
SECTION 58 of THE LAND ACT, 1939 .
Amendment of Order XVIII of the Land Purchase Acts Rules, 1939.
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paragraphs: Order XVIII of the Land Purchase Acts Rules, 1939 (S.R. & O. 1939, No. 341) is hereby amended by the addition thereto of the following Rule :—
" Publication of the Order."
"3. When the Order has been made Notice thereof shall be published, as soon as may be convenient, in Iris OifigiÃºil."
ORDER VIII. COSTS.
Amendment of Order XLVII of the Rules of 5th February, 1924, etc.
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paragraphs: Order XLVII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, (as amended by the Provisional Rule under the Land Purchase Acts dated the 15th day of July, 1930 and by Order II of the Land Purchase Acts Rules of 1947) is hereby amended by the insertion therein, immediately after Rule 3A, of the following Rule :—