No. 124/1947:

LAND PURCHASE ACTS, 1923 TO 1946.

LAND PURCHASE ACTS, 1923 TO 1946.

IRISH LAND COMMISSION.

RULES AND ORDERS UNDER THE LAND ACT, 1933 , THE 22ND DAY OF APRIL, 1947.

It is this day ordered by the Minister for Lands, in pursuance of the powers conferred on him by Section 3 of the Land Act, 1933 , and of every other power him enabling in this behalf, with the concurrence of a majority of the committee constituted pursuant to the provisions of the said section, and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules shall from and after this date and until further order, take effect and be in force in relation to proceedings under the Land Purchase Acts, and that all existing Rules and Orders made under the same Acts, in so far as they are inconsistent with these Rules, but no further, are hereby amended or revoked.

SEÁN MOYLAN,

Minister for Lands.

We hereby concur in the making of the following Rules :

ORDER I. INTERPRETATION.

Title.

1. These Rules and Orders may be cited as the Land Purchase Acts Rules of 1947.

Interpretation

2. 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.

3. 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. COSTS.

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

1. Order XLVII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, is hereby amended by the insertion therein immediately after Rule 3, of the following Rule :—

" 3A. The Costs (as distinct from outlay) incurred in the course of proceedings in the Land Commission under the Land Purchase Acts on and after the 1st day of May, 1947, shall be taxed according to the schedule of fees in the Appendix hereto with an addition thereto of an amount equal to 25 per centum of such fees : provided that this Rule shall not apply in respect of business transacted prior to the said 1st day of May, 1947, or in respect of business, the particulars of the costs of which have been prior to such date furnished to the client or person chargeable therewith, or have been taxed or certified."

ORDER III. 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 REALISE MONEY DUE TO THE LAND COMMISSION.

Amendment of Order XXIII., Rule 2 of Rules of 5th February, 1924.

1. Rule 2 of Order XXIII of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, is hereby rescinded and the following Rule substituted therefor, that is to say :—

" 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 amount to one hundred pounds or upwards, such surplus, together with the interest thereon, shall without further order be invested in such manner as the Judicial Commissioner shall from time to time direct, and the dividends thereon shall without further order be placed on deposit receipt from time to time whenever they shall amount to the sum of fifty pounds or upwards, and whenever the said dividends together with the interest thereon shall amount to the sum of one hundred pounds or upwards, they shall without further order be invested in the same securities as the capital funds from which the said dividends derive."

ORDER IV. INVESTMENTS.

Amendment of Rule 2 of Order XXXII. of Rules of 5th February, 1924.

1. Rule 2 of Order XXXII. of the Provisional Rules under the Land Purchase Acts dated the 5th day of February, 1924, is hereby rescinded and the following Rule substituted therefor, that is to say :—

" 2. (a) 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, in the case of inscribed stock purchased, he shall have transferred to the account of the Land Commission stock equal in value to the money to be invested, deducting his commission, or, in the case of any other securities purchased, there is lodged with the Accountant of the Land Commission or with the appropriate Bank either a proper deed of transfer of the said securities (such securities being equal in value to the money to be invested, deducting broker's commission) duly executed by the vendor thereof and the appropriate stock or share certificate in respect thereof, or a proper deed of transfer of the said securities (such securities being equal in value to the money to be invested, deducting broker's commission) so executed as aforesaid and a certificate of the company, body corporate or other authority in whose books such securities are registered, or of the Secretary of any Stock Exchange in Ireland or in the United Kingdom of Great Britain and Northern Ireland to the effect that the said stock or share certificate has been deposited with the person so certifying for the purpose of carrying out the transfer thereof to the account of the Land Commission.

(b) 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 appropriate Bank to the account of the Land Commission the price thereof, deducting his commission."

ORDER V. VESTING OF HOLDINGS ON RESALE.

Amendments of Order IX., Rules 3 and 7, of the Rules of 6th May, 1931.

1. Rules 3 and 7 of Order IX. of the Provisional Rules under the Land Purchase Acts dated the 6th day of May, 1931, are hereby amended by substituting the expression " Acquisition and Resales Division of the Land Commission " for the expression " Purchase Branch of the Land Commission " where it appears in the said Rules.

ORDER VI. FEES.

Amendment of Schedule of Office Fees in Appendix to Rules of 22nd January, 1934.

The Schedule of Office Fees in the Appendix to the Rules under the Land Act, 1933 , dated the 22nd day of January, 1934, is hereby amended by the deletion of Item 3 therein and the substitution therefor of the following Item, that is to say :—

" 3. Purchase Agreements, where the holding has been vested in the purchaser, to be charged for at a uniform rate of £0 2s. 6d."