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ARTICLES. Article.
" Occupier".
occupiers
holdings to which this Order applies.
uncultivated holdings.
possession and retaking
possession
certain holdings to which the 1945 Order applied. 13. Application
certain sums and rents. 14. Information by occupiers
holdings. 15. Inspection
land, etc. 16. Evidence
appointment
inspectors. 17. Order to override restrictive covenants as to user
holdings. SCHEDULE. STATUTORY RULES AND ORDERS.
the powers conferred on them by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22
1946), and
every and any other power them in this behalf enabling, hereby order as follows, that is to say :—
a rateable hereditament as is land capable
being tilled, and where the same person is rated or liable to be rated in respect
two or more rateable hereditaments, all such rateable hereditaments shall, for the purposes
this definition, be deemed to be a single rateable hereditament ; the word " inspector " means a person appointed by the Minister to be an inspector for the purposes
this Order ; the expression " the 1945 Order " means the Emergency Powers (No. 366) Order, 1945 (S. R. & O. No. 251
1945) ; the expression " District No. 1 " means the district specified in Part I
the Schedule to this Order ; the expression " District No. 2 " means the district specified in Part II
the Schedule to this Order ; the expression " District No. 3 " means the district specified in Part III
the Schedule to this Order. 3.
this Article, in this Order the expression " the occupier " means, in relation to a holding, the person who is rated or liable to be rated in respect
the rateable hereditament or the rateable hereditaments which is or are or includes or include such holding.
this Article,
a holding (in this sub-section referred to as the actual occupier) does not himself care and manage the holding, then— (a) if there is any person who is authorised to make lettings
the holding on behalf
the actual occupier, that person shall, for the purposes
the subsequent provisions
this Order, be deemed also to be the occupier
the holding, and the powers and obligations conferred or imposed by the said subsequent provisions on the occupier
the holding shall be deemed to be conferred or imposed severally on each
them, the actual occupier and the said person, (b) if there is no person so authorised, but the holding is cared and managed by a person, that person shall, for the said purposes, be deemed also to be the occupier
the holding, and the powers and obligations conferred or imposed by the said subsequent provisions on the occupier
the holding shall be deemed to be conferred or imposed severally on each
them, the actual occupier and the said person. 4.
a holding— (a) is required in the year 1947 for the purpose
carrying on
an industry other than agriculture, and that its use for such purpose would be
greater service in national interests than its cultivation, or (b) has been required and regularly used in the year 1946, and is required in the year 1947 for the accommodation, for periods not exceeding ten days at a time,
stock, intended for disposal at auctions, fairs or markets, or for shipment, or for the accommodation, as aforesaid,
stock held over from auctions, fairs or markets, or (c) has been required and regularly used in the year 1946, and is required in the year 1947 for the accommodation
cattle or sheep intended for slaughter within fifteen days
their being accommodated on such holding, or (d) has been required and regularly used in the year 1946, and is required in the year 1947 for the maintenance
a stud
high-class thoroughbred horses consisting
breeding animals, foals and yearlings, or (e) has been regularly used in the year 1946 as the track
a racecourse or as a paddock, ring or other enclosure, adjacent to the stand or stands
a racecourse, and is required for that purpose in the year 1947, or (f) has been required and regularly used in the year 1946 as a track for the training
racehorses by a trainer licensed as such by the Turf Club or the Irish National Hunt Steeplechase Committee, and is required for that purpose in the year 1947, or (
which is the promotion amongst its members
any outdoor game played between two or more persons, which is affiliated to or recognised by the governing body
that game in Ireland, and has been regularly used by such club for the playing
such game in the year 1946, and is required by such club for that purpose in the year 1947, or (i) has been used by a college or school in the year 1946 as a playing field, and is required for that purpose in the year 1947, the Minister, on the application
the occupier
such holding made in accordance with paragraph
this Article, may— (i) in case he is so satisfied as respects the whole
such holding, declare such holding to be an excepted holding, or (ii) in case he is so satisfied as respects portion
such holding, declare such portion to be excepted.
an application by the occupier
a holding for a declaration under paragraph
this Article, that is to say :— (
December, 1946, and (ii) shall be made in such form as the Minister may direct, and (iii) shall set out particulars
all land held by the occupier in the State, the manner in which the holding or the portion
the holding in respect
which the declaration is sought is used and is proposed to be used, and the grounds
the application ; and (b) where the applicant is a company, club or other association, the application may be made by the chairman, secretary or duly authorised agent.
this Article declaring portion
a holding excepted, the area
such holding shall for the purposes
Articles 5, 6, 7 and 9
this Order be taken to be the difference between— (a) the actual area
such holding, and (b) the area
such portion.
this Article if he is satisfied that the holding or portion
a holding, in respect
which such declaration was made, is not and will not be required for any
the purposes set out in the said paragraph
this Order, the tillage quota in respect
a holding shall be three-eighths
the area
the holding and the expression " the tillage quota " shall be construed accordingly.
this Article the reference to three-eighths
the area
a holding shall, if in the year 1947 first year's grass which has been laid down in accordance with proper methods
husbandry is produced or is growing on any part
the holding and such part was cultivated in the year 1946 within the meaning
the 1945 Order, be construed as a reference to— (a) where such part is equivalent in extent to three-thirty-seconds or more
the area
the holding—nine-thirty-seconds
the area
the holding, or (b) where such part is equivalent in extent to less than three-thirty-seconds
the area
the holding—the difference between such part and three-eighths
the area
the holding. 6. For the purposes
this Order, the wheat quota in respect
a holding shall be— (a) where the holding consists
land situated wholly in District No. 1—one-tenth
the area
the holding, (b) where the holding consists
land situated wholly in District No. 2—one-sixteenth
the area
the holding, (c) where the holding consists
land situated wholly in District No. 3—one-twenty-fifth
the area
the holding, and (d) in any other case—the aggregate
— (i) one-tenth
the area
so much (if any)
the holding as is situated in District No. 1, and (ii) one-sixteenth
the area
so much (if any)
the holding as is situated in District No. 2, and (iii) one-twenty-fifth
the area
so much (if any)
the holding as is situated in District No. 3, and the expression " the wheat quota " shall be construed accordingly. 7. This Order applies to every holding (other than a holding the whole
which is declared an excepted holding under Article 4
this Order or a holding which is certified by the Minister for Defence to be required in the year 1947 for military purposes or a holding which is or forms part
a public park, a public recreation ground or an aerodrome) the area
which comprises not less than five acres statute measure. 8.
a holding to which this Order applies shall— (a) cultivate in the year 1947 a portion
the holding equivalent in extent to the tillage quota, and (b) as part
such cultivation, cultivate in the year 1947 with wheat a portion
the holding equivalent in extent to the wheat quota.
a holding to which this Order applies, require the said occupier to do any one or more
the following things, that is to say :— (a) to cultivate in the year 1947 a part (which shall be described in the direction and shall not exceed in extent the tillage quota)
the holding, (b) to sow with wheat before a specified date a part (which shall not exceed in extent the wheat quota)
the holding, (c) to sow with wheat before a specified date a part (which shall be described in the direction and shall not exceed in extent the wheat quota)
the holding.
this Article on the occupier
a holding to which this Order applies shall be construed as affecting the obligation imposed on him by paragraph
this Article.
this Article— (a) the expression " cultivate in the year 1947," when used in relation to land, means, do in accordance with proper methods
husbandry, in the year 1947, all the following things, that is to say :— (
July, 1947, and produce on such land a crop (other than grass, clover or rape) capable
being used as, or converted into, human or animal food, or produce on such land a crop
flax or tobacco, and (iii) in case the crop produced on the land is not kale or turnips, sever such crop from the soil and harvest it, and (
any part
a holding to which this Order applies by a person to whom such part has been let in conacre by the occupier
such holding shall be deemed to be cultivation in the year 1947
such part by such occupier ; (c) where any part
a holding to which this Order applies has been sown with rye for harvesting in the year 1947 and such part is situated in District No. 3, such part shall be deemed to have been sown with wheat for harvesting in the year 1947 ; (d) where any part
a holding to which this Order applies has been sown in the year 1946 with wheat, oats, barley or rye, for harvesting in the year 1947, such part shall be deemed to have been tilled and sown in the year 1947 with wheat, oats, barley or rye (as the case may
growth at which it would, in accordance with proper methods
husbandry, be ready for severance from the soil or use as a growing crop, the said crop shall be deemed not to have been sown or planted on such holding in the year 1947 ; (
husbandry, have been so severed or used, the said crop shall be deemed not to have been sown or planted on such holding in the year 1947 ; (g) where the Minister certifies the matters mentioned in either or both
the following clauses— (i) that in his opinion a crop was sown or planted on a portion
a holding to which this Order applies which was not capable
producing a reasonable yield
that crop in the year 1947, (ii) that in his opinion the cultivation carried out in the year 1947 on a holding to which this Order applies or on a portion
such a holding was not carried out in accordance with proper methods
husbandry, such certificate shall be prima facie evidence
the matters so certified. 9.
the 1945 Order to be excepted) been used during the year 1946 solely for the growing for marketing in the State
fruit, or vegetables (including potatoes), and is (save as regards so much (if any) thereof as has been declared under paragraph
this Order to be excepted) required for sole use as aforesaid during the year 1947, the Minister may, on the application
the occupier
such holding made in accordance with paragraph
this Article, declare that such holding is a wheat exempted holding.
an application by the occupier
a holding for a declaration under paragraph
this Article that such holding is a wheat exempted holding, that is to say :— (
December, 1946, and (ii) shall be made in such form as the Minister may direct, and (iii) shall set out particulars
the situation and area
the holding in respect
which the declaration is sought and the manner in which it is used and is proposed to be used, and (b) where the applicant is a company or other association, the application may be made by the chairman, secretary or duly authorised agent.
this Article to be a wheat exempted holding, sub-paragraph (b)
paragraph
this Order shall not apply in relation to the holding and a direction under sub-paragraph (b) or sub-paragraph (c)
paragraph
the said Article shall not be capable
being served on the occupier
the holding. 10.
January, 1947, the Minister is satisfied, in the case
a holding to which this Order applies and which is occupied, that the occupier
such holding has not taken reasonable steps towards complying with the requirements
paragraph
this Order, or (b) on or after the 15th day
January, 1947, the Minister is satisfied, in the case
a holding to which this Order applies and which is occupied and in respect
which a direction under sub-paragraph (a)
paragraph
this Order has been served, that the occupier
such holding has not taken reasonable steps to comply with the requirements
such direction, or (c) on or after the 15th day
November, 1946, the Minister is satisfied, in the case
a holding to which this Order applies and which is occupied and in respect
which a direction under sub-paragraph (b) or sub-paragraph (c)
paragraph
this Order has been served, that the occupier
such holding has not complied with the requirements
such direction, or (d) a holding to which this Order applies is unoccupied, the Minister or an inspector may enter on, and take possession
such holding.
a holding under this Article, and (
the Minister or an inspector, enter or remain on such holding, (ii) no person shall, without the permission
the Minister or an inspector, damage or interfere with or remove any part
the fencing
such holding or any gate thereon, (iii) no person shall damage any crops growing on such holding, (iv) no person shall, without the permission
the Minister or an inspector, permit any animal
which he is the owner to enter or remain on such holding, (v) section 20
the Summary Jurisdiction (Ireland) Act, 1851, shall apply in respect
such holding as if the references, in sub-sections
the said section, to the occupier
land included references to the Minister, an inspector or a person to whom a conacre letting
such holding has been made under this Article.
a holding under this Article, the Minister or an inspector may direct the occupier
the holding not to use or let any other lands in his possession contiguous to such holding.
a holding under this Article, the following provisions shall also have effect, that is to say :— (a) the Minister or an inspector may do or authorise to be done all things which he considers necessary or desirable for the purpose
the cultivation
such holding in the year 1947 or for adapting it for cultivation in the year 1947, or any subsequent year, including fencing and may also, while in possession
such holding or on the termination
such possession, remove any such fencing or work
adaptation, (b) the Minister or an inspector may make a conacre letting to any person
such holding for such period (not exceeding eleven months) and at such rent and upon such conditions and subject to such reservations as he thinks proper, (c) if any part
such holding is laid down to grass by or on behalf
the Minister, the Minister or an inspector may do in respect
that part any one or more
the following things : (i) make a grazing letting to any person for such period (terminating not later than the 31st day
December, 1947) and at such rent and upon such conditions and subject to such reservations as he thinks proper, (ii) make a letting for meadow to any person for such period (terminating not later than 31st day
December, 1947) and at such rent and upon such conditions and subject to such reservations as he thinks proper, (iii) make a letting
aftergrass to any person for such period (terminating not later than the 31st day
December, 1947) and at such rent and upon such conditions and subject to such reservations as he thinks proper, (d) the Minister or an inspector may enter on and take possession
any buildings used in conjunction with such holding, (e) each
the following persons— (
such holding has been made under this Order, (
such holding or to carry out the removal
any fencing or work
adaptation, (vi) any person employed by the Minister or by an inspector or by a person to whom a letting has been made under this Order or by any person who has purchased a crop produced on such holding or by any person who has contracted with the Minister to carry out the cultivation or adaptation for cultivation (including fencing)
such holding or to carry out the removal
any fencing or work
adaptation, may, for the purpose
cultivating or using such holding or for the purpose
doing any act in relation to any crop produced on such holding or, in the case
any such contract as aforesaid, for any purpose connected with the contract, enter upon and use, and exercise the right to pass and repass (with or without vehicles, farming implementsor machinery, or animals) over, any other land in the occupation
the occupier
such holding and also exercise any right
way appurtenant to such holding or such other land, (f) no goods or chattels (including severed crops) which are on such holding or which, though not on such holding, are being used for the time being in connection with such holding and which are the property
any person (other than the occupier
such holding) shall, during the year 1947 be seized under any process
law for the recovery
any moneys due to the Irish Land Commission by such occupier, whether such moneys are payable out
such holding or any other lands, or for the recovery
any moneys due by such occupier for any rates, whether payable in respect
such holding or any other lands in the occupation
such occupier.
the occupier
a holding to which this Order applies in respect
a contravention
paragraph
a direction under paragraph
this Order in relation to the holding.
a holding. 11. Where, in the case
a holding to which the 1945 Order applied, the Minister is satisfied that— (a) the requirements
paragraph
a direction under paragraph
the 1945 Order were not complied with, or (b) such holding was unoccupied during the period commencing on the 1st day
January, 1946, and ending on the date on which this Order is made, the Minister or an inspector may, on or at any time after the date
this Order, enter on and take possession
, such holding, and the provisions
this Order shall thereupon apply in like manner as if the Minister or such inspector had taken possession
such holding under the provisions
the said Article
the 1945 Order, the Minister or an inspector was in possession at any time during the year 1946
a holding to which the 1945 Order applied, the following provision shall apply and have effect, that is to say :— (a) where the possession has continued until the date
this Order, the Minister or an inspector may retain possession
the holding, and (b) where the possession has been given up before, on, or after the date
this Order, the Minister or an inspector may at any time enter on and retake possession
the holding,and in every such case the provisions
this Order shall thereupon apply in like manner as if the Minister or such inspector had taken possession
the holding under the provisions
this Order and, in addition, if any part
the holding was laid down to grass by or on behalf
the Minister in the year 1946 the Minister or an inspector may do in respect
that part any one or more
the following things : (i) make a grazing letting to any person for such period (terminating not later than the 31st day
December, 1947) and at such rent and upon such conditions and subject to such reservations as he thinks proper, (ii) make a letting for meadow to any person for such period (terminating not later than the 31st day
December, 1947) and at such rent and upon such conditions and subject to such reservations as he thinks proper, (iii) make a letting
aftergrass to any person for such period (terminating not later than the 31st day
December, 1947) and at such rent and upon such conditions and subject to such reservations as he thinks proper. 13.
this Order, the Minister or an inspector has taken possession
a holding to which this Order applies or has taken possession
, or retained possession
, or retaken possession
, a holding to which the 1945 Order applied and has either cultivated the holding by producing a crop thereon or made a letting thereof, the Minister may apply the sum realised for such crop or the rent under such letting (as the case may be) in any one or more
the following ways : (a) in or towards defraying any expenses (including periodical inspection, caretaking, fencing and sale
crops) incurred in, or in relation to, the exercise, as respects the holding,
the powers conferred by this Order on the Minister or an inspector or by the 1945 Order or any
the previous tillage Orders on the Minister or on an inspector or authorised person within the meaning
such Order, (b) in or towards the payment
any debt due to a State authority by the occupier
the holding, (c) in or towards the payment
any rates due to a local authority by the occupier
the holding, whether such rates are payable in respect
the rateable hereditament or the rateable hereditaments which is or are or includes or include the holding or any other rateable hereditament in the occupation
the said occupier.
the following shall be a State authority for the purposes
this Article, that is to say :— (
Public Works in Ireland.
a holding ; the expression "the previous tillage Orders" means the Emergency Powers (No. 12) Order, 1939 (S. R. & O. No. 299
1939), as amended by the Emergency Powers (No. 12) Order, 1939 (Amendment) Order, 1940 (S. R. & O. No. 72
1940), the Emergency Powers (No. 53) Order, 1940 (S. R. & O. No. 307
1940), as amended by the Emergency Powers (No. 53) Order, 1940 (Amendment) Order, 1941 (S. R. & O. No. 5
1941), the Emergency Powers (No. 124) Order, 1941 (S. R. & O. No. 514
1941), as amended by the Emergency Powers (No. 124) Order, 1941 (Amendment) Order, 1942 (S. R. & O. No. 10
1942), the Emergency Powers (No. 234) Order, 1942 (S. R. & O. No. 466
1942), the Emergency Powers (No. 296) Order, 1943 (S. R. & O. No. 353
1943), and the Emergency Powers (No. 345) Order, 1944 (S. R. & O. No. 283
1944). 14. It shall be the duty
every person who is the occupier
a holding to furnish, if and when so required, to the Minister or an inspector such particulars with respect to the holding and user thereof as may be required by the Minister or such inspector for the purposes
this Order. 15. An inspector may for the purposes
this Order enter on and inspect any land or building and inspect any machinery, implements
husbandry, farm stock or produce thereon. 16. A certificate purporting to be signed by an
ficer
the Department
Agriculture (being the Secretary or an Assistant Secretary
the Department
Agriculture) certifying that a specified person has been appointed by the Minister to be an inspector for the purposes
this Order shall be prima facie evidence
the facts so certified and it shall not be necessary to prove the signature
such
ficer or that he was in fact such
ficer. 17. This Order shall have effect notwithstanding any covenant, agreement, condition or provision as to the user
a holding to which this Order applies, whether contained in any lease or other instrument affecting such holding or in any verbal contract
tenancy or implied by law, and no such covenant, agreement, condition or provision shall operate so as to penalise, impede or interfere with the doing
anything required or authorised to be done under this Order on such holding. SCHEDULE. PART I. District No. 1. The district consisting
— (
faly, Tipperary, North Riding, Tipperary, South Riding, Waterford, Westmeath, Wexford, Wicklow, (c) the administrative county
Cork except— (i) the urban districts
Clonakilty, Macroom, and Skibbereen, and (ii) the rural districts as constituted immediately before the 1st day
October, 1925,
Bantry, Castletown, Clonakilty, Dunmanway, Kanturk, Macroom, Millstreet, Skibbereen and Schull. SCHEDULE—continued PART II. District No. 2. The district consisting
— (
Galway except— (i) the rural districts as constituted immediately before the 1st day
October, 1925,
Clifden and Oughterard, and (ii) that part
the rural district as constituted immediately before the 1st day
October, 1925,
Galway west
the river Corrib, (c) the following urban districts in the administrative county
Cork : Clonakilty, Macroom, Skibbereen, (d) the following rural districts as constituted immediately before the 1st day
October, 1925, in the administrative county
Cork : Bantry, Castletown, Clonakilty, Dunmanway, Kanturk, Macroom, Millstreet, Skibbereen, Schull. SCHEDULE—continued. PART III. District No. 3. The district consisting
— (
October, 1925, in the administrative county
Galway : Clifden, Oughterard, (c) that part
the rural district as constituted immediately before the 1st day
October, 1925,
Galway in the administrative county
Galway west
the River Corrib. GIVEN under the
ficial Seal
the Government, this 19th day
November, 1946. ÉAMON DE VALÉRA, Taoiseach. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
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