First Previous (PART III. Vesting of Holdings on Re-sales.)

11 1931

LAND ACT, 1931

PART IV.

Miscellaneous and General.

Amendment of vesting orders.

30. —(1) Where the Judicial Commissioner is satisfied, on the application of any person interested and after notice to all such persons as he shall direct and upon hearing such evidence as he shall think proper to receive, that a vesting order made under the Land Purchase Acts (including this Act) whether before or after the passing of this Act contains an error within the meaning of this section, the Judicial Commissioner may either amend such vesting order as justice may require or confirm such vesting order without amendment.

(2) References in this section to errors in a vesting order shall be construed as including errors and mistakes of every kind whatsoever, whether clerical or substantial, or whether occasioned by the Land Commission or due to an error or mistake in an agreement, return, rental, statement of particulars, or other document made or prepared by a person other than the Land Commission and lodged with or furnished to the Land Commission.

(3) Where the Judicial Commissioner makes an order under this section amending a vesting order, the registering authority under the Local Registration of Title (Ireland) Act, 1891, shall on the lodgment with him of an office copy of such order rectify the register under that Act as may be necessary to make such register conformable with the said vesting order as so amended.

(4) Whenever the Judicial Commissioner amends a vesting order under this section he may amend any error in any list, agreement, return, or other document (whether prepared or made by the Land Commission or lodged or furnished by another person with or to the Land Commission) which in his opinion caused or contributed to the error in the said vesting order.

(5) Whenever the Judicial Commissioner amends or confirms a vesting order under this section he may if he so thinks fit order payment of such compensation for or in lieu of (as the case may be) amendment of such vesting order to be made by such person (including the Land Commission) to such person as justice may require having regard to all the circumstances of the case.

(6) An appeal on questions of fact, as well as on questions of law, shall lie to the Supreme Court from any order made by the Judicial Commissioner under this section.

(7) In this section the expression “vesting order” includes a vesting fiat.

(8) Sub-section (3) of section 32 of the Land Law (Ireland) Act, 1896, and sub-section (6) of section 58 of the Land Act, 1923 , are hereby repealed.

Registration of holdings comprised in vesting orders.

31. —(1) Whenever the Land Commission make a vesting order under this Act they shall forthwith furnish to the Registrar of Titles a copy of such order together with a map showing the several holdings comprised in such vesting order and thereupon the Registrar of Titles shall register in accordance with the Local Registration of Title (Ireland) Act, 1891, every holding comprised in such vesting order and shall register as full owner (subject as is hereinafter mentioned) of each such holding the person in whom such holding is expressed in such vesting order to be thereby vested.

(2) Every person registered in pursuance of this section as full owner of a holding shall be so registered subject to the several annuities, sums, and payments and the several rights and easements subject to which such holding is vested in him by the vesting order and subject to any rights or equities arising from the interest so vested in him being a graft upon his previous interest in the holding or arising in any other manner from the existence of such previous interest.

(3) Every holding comprised in a vesting order made under this Act shall, as on and from the date of such vesting order, be deemed to be registered land within the meaning of sub-section (1) of section 19 of the Local Registration of Title (Ireland) Act, 1891, and that Act shall apply to every such holding accordingly.

(4) Every holding comprised in a vesting order made under this Act shall, as on and from the date of such vesting order, be exempt from the provisions of the Acts relating to the Registry of Deeds.

(5) The memorial of the registration required by sub-section (4) of section 19 of the Local Registration of Title (Ireland) Act, 1891, to be given to the Registrar of Deeds shall, in the case of every holding to which that Act applies by virtue of this section, be a copy of the vesting order made under this Act in which such holding is comprised.

Date of conversion into personal state.

32. —(1) Land of freehold tenure which has vested or shall hereafter vest, under the Land Act, 1923 , or any Act amending or extending that Act, in the Land Commission on the appointed day (whether such day is prior or subsequent to the passing of this Act) shall, for the purpose of determining the destination thereof or of the purchase-money thereof under any disposition whenever made or on any death whenever occurring, be deemed to become and be or, in the case of any such land which so vested in the Land Commission before the passing of this Act, to have become and been converted into personal estate on whichever of the following is the later, that is to say:—

(a) the appointed day, or

(b) the making of the order or the publication of the list by or in which the appointed day is fixed.

(2) Every superior interest of freehold tenure in land of any tenure which has vested or shall hereafter vest, under the Land Act, 1923 , or any Act amending or extending that Act, in the Land Commission on the appointed day (whether such day is prior or subsequent to the passing of this Act) shall, to the extent to which such superior interest is redeemed under the Land Purchase Acts and for the purpose of determining the destination of such superior interest or of the redemption money thereof or of any part thereof under any disposition whenever made or any death whenever occurring, be deemed to become and be or, in the case of any such superior interest in land which so vested in the Land Commission before the passing of this Act, to have become and been converted into personal estate on the appointed day.

Transfer of incumbrances to rearranged holding.

33. —Where holdings have been retained by the Land Commission and rearranged and a holding so rearranged is vested in a person who previous to such rearrangement was tenant of a holding so retained, whether such vesting is consequent upon the acceptance by such person of an offer made by the Land Commission for the sale of such rearranged holding to him or is consequent upon an order under section 34 of the Land Act, 1923 , declaring such person to be the purchaser of such rearranged holding, all charges, incumbrances, and equities which immediately before such vesting affected the tenant's interest in the said retained holding of which such person was previously tenant shall, without any conveyance or order, become and be transferred to and thenceforward affect the said rearranged holding so vested in such person.

Provisions in relation to the distribution of purchase-money.

34. —(1) Notwithstanding anything contained in the Land Purchase Acts, the following provisions shall have effect in relation to the distribution of purchase-money, that is to say:—

(a) the Court may after publication by advertisement or otherwise of such notice as the Court shall consider sufficient direct payment of a claim in respect of which the Court is of opinion that the title of the claimant, though imperfect, is nevertheless such as to make it improbable that any claim adverse to such first-mentioned claim could be sustained;

(b) the Court shall be entitled to act on the evidence of title submitted by a claimant and it shall not be obligatory on the Court to inquire as to the existence or non-existence of any adverse estate, right, claim, or interest which is not disclosed by such evidence;

(c) where a person, within the time (hereinafter referred to as the time for claiming compensation) allowed in that behalf by this section, proves to the satisfaction of the Court that he or a person from whom he derives title was entitled to participate in the distribution of purchase-money and that his or such person's right so to participate was not disclosed at the time of such distribution and that such non-disclosure was not caused or substantially contributed to by such first mentioned person or his solicitor or agent or by any person from or through whom he derives title or the solicitor or agent of any such person, such first-mentioned person shall be entitled to claim from and be paid by the Land Commission by way of compensation such sum as the Court shall fix having regard to all the circumstances of the case.

(2) The time for claiming compensation under this section shall be whichever of the following times is applicable, that is to say:—

(a) where the person claiming compensation was under the age of twenty-one years on the day on which the purchase-money was distributed, within six years after such person attains the age of twenty-one years;

(b) where the compensation is claimed in respect of a mortgage, charge, or other incumbrance, within whichever of the following periods is the shorter, that is to say, six years from the day on which the last payment in respect of the principal of or the interest on such incumbrance was made before the making of the claim for compensation or thirty years from the day on which the purchase-money was distributed;

(c) where the compensation is claimed in respect of a superior interest, within whichever of the following periods is the shorter, that is to say, six years from the day on which the last payment of rent, interest, or other income from such superior interest was made before the making of the claim for compensation or thirty years from the day on which the purchase-money was distributed;

(d) in any case to which none of the foregoing paragraphs applies, within six years from whichever of the following days is the later, that is to say, the day on which the purchase-money was distributed or the day on which the person claiming compensation or some person from or through whom he derives title first knew or might with reasonable diligence have ascertained the existence of the right to such compensation.

(3) In the foregoing sub-section of this section references to the day on which the purchase-money of an estate is distributed shall be construed as referring to the day on which that portion of the purchase-money of such estate in relation to the distribution of which compensation is claimed is distributed.

(4) All compensation payable by the Land Commission under this section shall be paid out of moneys provided by the Oireachtas.

(5) The amount of any compensation paid by the Land Commission under this section shall be repaid to the Land Commission by such person as shall be declared by the Court to have received for his own benefit, or to have retained under his control as a trustee, that portion of the purchase-money which would have been applied in discharging the claim in respect of which such compensation was paid if such claim had been disclosed at the time of the distribution of the purchase-money, and the amount so repayable by such person shall be recoverable from him by the Land Commission as a debt due to the State.

(6) Any sum which might be paid to an agent under sub-section (8) of section 40 of the Land Act, 1923 , on his ceasing to act as such agent, may, in the event of the allocation of the purchase money occurring before he has ceased to act as such agent be paid or partly paid on such allocation and, if and in so far as such sum is not so paid, such sum may be retained by the Judicial Commissioner out of the purchase money and paid to such agent at such time or times as the Judical Commissioner shall direct.

Distribution of small amounts of purchase-money.

35. —(1) Where either the total purchase-money of an estate or the residue of the purchase-money of an estate remaining after providing for all claims payable thereout does not exceed thirty pounds, such purchase-money or such residue (as the case may be) may be paid to the person in possession or in receipt of the income of the estate for his own benefit or, in the case of the incapacity of such person, to the guardian, committee, husband, or trustee (as the case may require) of such person.

(2) Where either the total purchase-money of an estate out of which no claims are payable or the residue of the purchase-money of an estate remaining after providing for all claims payable thereout exceeds thirty pounds but does not exceed one hundred pounds, such purchase-money or such residue (as the case may be) may be paid to the person in possession or receipt of the income of the estate or to trustees to be appointed or approved by the Land Commission upon the undertaking in the prescribed manner of such person or such trustees to apply such purchase-money or such residue as if it were capital money arising under the Settled Land Acts, 1882 to 1890.

(3) Where any superior interest or an apportioned part thereof is redeemed under the Land Purchase Acts and portion of the redemption price is applied in providing for the redemption of the whole or an apportioned part of a higher superior interest or for any other claim payable out of such redemption money, then—

(a) if the residue of such redemption price remaining after providing for all such claims does not exceed thirty pounds, such residue may be paid to the person in possession or in receipt of the income of such superior interest for his own benefit or, in case of the incapacity of such person, to the guardian, committee, husband, or trustee (as the case may require) of such person; and

(b) if such residue exceeds thirty pounds and does not exceed one hundred pounds, such residue may be paid to the person in possession or receipt of the income of such superior interest or to trustees to be appointed or approved by the Land Commission upon the undertaking in the prescribed manner of such person or such trustees to apply such residue as if it were capital money arising under the Settled Land Acts, 1882 to 1890.

(4) The provisions of this section in relation respectively to the purchase-money and to the residue of the purchase-money of an estate shall apply with the necessary modifications respectively to any fund and to the residue of any fund which is distributable by the Court and to which none of the provisions of this section (other than this sub-section) nor of section 63 of the Irish Land Act, 1903, apply.

(5) Where the total amount of the purchase-money of an estate, the redemption price of a superior interest, or any other fund distributable by the Court exceeds one hundred pounds but does not exceed three hundred pounds, strict investigation of title and compliance with legal requirements in relation to the ascertainment and verification of claims against such fund may be dispensed with to such extent as shall be approved of by the Court.

Payment of dividends on land bonds pending distribution.

36. —(1) Where land is vested in the Land Commission under the Land Act, 1923 , or any Act amending or extending that Act, the Judicial Commissioner may, on the application of any person interested, order that the dividends (less income tax) then accrued and thereafter to accrue on the land bonds representing the purchase-money of such land shall until the distribution of such purchase-money be paid as they accrue to the vendor or to such other person as shall appear to the Judicial Commissioner to be entitled to receive the same.

(2) An order made by the Judicial Commissioner under the foregoing sub-section of this section shall be final save that it may be rescinded or varied by the Judicial Commissioner as justice may require.

(3) Where an order under this section for the payment of dividends on land bonds has been made, the interest on all mortgages, charges, and other interest-bearing incumbrances affecting the purchase-money or any part of the purchase-money represented by such land bonds shall, so long as such order remains in force and so far as such interest is payable out of the dividends on such land bonds and notwithstanding anything in any instrument creating or relating to such incumbrance, be payable at the rate of four and one-half per cent. per annum by equal half-yearly payments on every first day of January and first day of July from whichever of the following days is the earlier, that is to say, the day on which such land bonds were transferred to the credit of the matter, or the appointed day.

(4) Where an order under this section for the payment of dividends on land bonds has been made, the Judicial Commissioner may, on the application of any interested person, fix the redemption price of any superior interest or of an apportioned part of any superior interest which then appears to affect the purchase-money represented by such land bonds, and may for that purpose apportion any such superior interest, and thereupon interest at the rate of four and one-half per cent per annum on the redemption price so fixed shall be payable to the person in possession or receipt of the income of such superior interest by the person liable to discharge such superior interest and such payment of interest shall be taken in satisfaction of the accruing income of such superior interest in respect of which such redemption price was so fixed.

Publication of notice of sale of a holding by the Land Commission.

37. —So much of section 33 of the Land Act, 1927 , as requires that the notice mentioned in that section shall be published in the Iris Oifigiúil, a leading Dublin daily paper, and if there be a local paper, such local paper, shall cease to have effect and in lieu thereof it is hereby enacted that the notice required by the said section 33 shall be published as follows, that is to say:—

(a) where the holding to which such notice relates is a holding for the purchase of which an advance not exceeding three hundred pounds was made under the Land Purchase Acts, by posting copies of such notice in the prescribed manner in suitable places in the district in which such holding is situate; or

(b) where the holding to which such notice relates is either a holding for the purchase of which an advance exceeding three hundred pounds was made under the Land Purchase Acts or is a holding in respect of which no advance was made under the Land Purchase Acts, by advertisement in the Iris Oifigiúil and in at least one issue of either a newspaper published and circulating in the county in which such holding is situate or, if there is no such newspaper, in a daily newspaper published in Saorstát Eireann and circulating in the said county.

Powers of Land Commission to confer water-rights.

38. —(1) Where there is on any land sold or agreed to be sold under the Land Purchase Acts a well, stream, pond, lake, or other water (hereinafter referred to as a water-source) the Land Commission may, if in their opinion it is necessary or expedient so to do for the benefit of other lands so sold or agreed to be sold, make orders—

(a) granting to and conferring on such persons for the benefit of such lands as the Land Commission shall think fit rights (hereinafter referred to as water-rights) to take water from such water-source for use on such lands for domestic or farming purposes; and

(b) providing for persons to whom such water-rights are so granted, rights of access to such water-source for the purpose of exercising such water-rights; and

(c) providing for the payment by persons to whom such water-rights are granted of compensation for such water-rights to the owner of such water-source or of the land over which such right of access is granted and fixing the amount of such compensation.

(2) Where the compensation payable under this section to the owner of a water-source or of the land over which such right of access is granted does not exceed fifty pounds, such compensation may be paid to the person who satisfies the Land Commission that for not less than six years immediately preceding the date of the order fixing the amount of such compensation he and his predecessors in title (if any) have been in actual occupation of the land on which such water-source is situate or such right of access granted or in receipt of the rents and profits of such land.

(3) In making an order under this section the Land Commission shall have due regard to the reasonable requirements of the owner of the water-source to which such order relates and of other persons having rights in respect of such water-source.

Extension of powers of Land Commission as to turbary and rights of way.

39. —(1) The powers of the Land Commission to make regulations with respect to turbary on bogs as extended by section 42 of the Land Act, 1923 , are hereby further extended so as to include power to make regulations conferring on the Land Commission and their licensees and defining rights of access over any land to a bog for the purpose of turbary whether such rights of access are or are not made by such regulations appurtenant to any land.

(2) The powers of the Land Commission to expend money on the improvement of land sold or agreed to be sold under the Land Purchase Acts shall, in addition to the matters mentioned in section 43 of the Land Act, 1923 , include power to confer on the Land Commission and their licensees and to define and extend or improve ways and rights of way over any land to any land sold or agreed to be sold under the Land Purchase Acts, whether such rights of way are or are not so conferred as to be appurtenant to any land.

(3) Where the Land Commission confers and defines a right of way or a right of access, whether under this section or under any other provision of the Land Purchase Acts, the Land Commission shall have power to enter on the land over which such right of way or access is so conferred and there to repair or construct a road or pass and erect fences and gates and for those purposes to take all or any necessary materials from or out of such land and to provide for the compensation paid by the Land Commission for such right of way or right of access being repaid to the Land Commission by the person for whose benefit such right was conferred.

(4) Where the compensation payable for a right of way or right of access conferred by the Land Commission under this section or any other provision of the Land Purchase Acts does not exceed fifty pounds, such compensation may be paid to the person who satisfies the Land Commission that for not less than six years immediately preceding the payment of such compensation he and his predecessors in title (if any) have been in actual occupation of the land over which such right of way or of access is so conferred or in receipt of the rents and profits of such land.

Confirmation of enjoyment of certain grazing and turbary.

40. —(1) Where the tenant of a holding to which the Land Act, 1923 , applies openly enjoys any grazing or turbary on the lands of his landlord and has so enjoyed such grazing or turbary without lawful interruption or objection made since a date prior to the passing of the said Act, the Land Commission may, on the application of such tenant and if it thinks proper so to do having regard to all the circumstances of the case, declare the enjoyment of such grazing or turbary (as the case may be) to be a right appurtenant to such holding subject to such (if any) conditions and limitations as the Land Commission shall think fit to impose and shall specify in such declaration.

(2) Where the enjoyment of grazing or turbary is declared by a declaration under this section to be a right appurtenant to a holding, such enjoyment shall be a right appurtenant to such holding accordingly, but subject to the conditions and limitations (if any) imposed by such declaration, and such right shall, if and when such holding is vested in a purchaser by a vesting order, continue to be so appurtenant to such holding, but subject as aforesaid.

(3) The Land Commission shall not make a declaration under this section save either with the consent of all parties concerned or after notice of the application for such declaration has been served in the prescribed manner on all parties concerned and all such parties have been afforded an opportunity of objecting to the making of such declaration.

(4) Every application for a declaration under this section and every objection duly made to the making of such declaration shall be considered and decided by the Land Commissioners other than the Judicial Commissioner, and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application or objection and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from the decision of the Judicial Commissioner to the Supreme Court.

Apportionment of rates on untenanted land.

41. —(1) Where untenanted land has or shall hereafter become vested in the Land Commission on the appointed day under the Land Act, 1923 , and such untenanted land was or is then rated in conjunction with other land to poor rate or any other rate, all poor rate and other rate made or assessed in respect of all such land for the local financial year current on the appointed day shall be apportioned between such untenanted land and such other land.

(2) Where rates are apportioned under this section between untenanted land vested in the Land Commission and other land, the proportion of such rates so apportioned to such untenanted land shall alone be deemed to have been made or assessed in respect of such untenanted land within the meaning of sub-section (1) of section 18 of the Land Act, 1927 , and that section shall be construed and have effect accordingly.

Extension of powers of resumption.

42. —(1) The Land Commission shall have and may exercise in respect of any land (other than a holding to which the Land Act, 1923 , applies) vested in them either before or after the passing of this Act all the like powers of resumption in whole or in part as they have and may exercise in respect of holdings to which the Land Act, 1923 , applies.

(2) When the Land Commission resume under this section a part of a holding they may apportion the rent payable in respect of such holding between the part so resumed and the remainder of such holding as the justice of the case may require.

(3) Where the Land Commission resume under this section the whole or part of a non-judicial holding, the rent payable by the tenant of such holding at the time of such resumption shall, for the purpose of fixing the compensation payable in respect of such resumption, be deemed to be a third term judicial rent and the said compensation shall be fixed accordingly.

Compensation for disturbance on resumption of holdings.

43. —Where, in the opinion of the Court, it would be inequitable that the Land Commission should resume a holding or part of a holding on payment to the tenant of compensation fixed on the basis on which resumption prices have heretofore been fixed, the Court in fixing the compensation in respect of such resumption may include therein compensation to the tenant for disturbance, and also may have regard not only to the value of the land to be resumed, but also to the damage, if any, which will be sustained by the tenant by reason of the resumption of the lands as affecting his user of other lands or otherwise causing injury to such other lands.

Untenanted land held under fee farm grant or long lease.

44. —(1) Where, on the application of the owner of a parcel of untenanted land, and after notice to all interested parties, the Land Commission is satisfied—

(a) that such parcel is held by such owner under a fee farm grant, lease for lives or years renewable for ever, or lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923 , whether such grant or lease does or does not comprise other land as well as such parcel, and

(b) that such owner is in bona fide occupation of such parcel and occupies and uses it in the same manner as an ordinary farmer in accordance with proper methods of husbandry, and

(c) that the rent payable by such owner in respect of such parcel is not less than the rent which in the opinion of the Land Commission would have been the fair rent of such parcel at the date of the passing of the Land Act, 1923 , if such parcel had then been held by such owner under a statutory tenancy subject to a third term judicial rent, and

(d) that such owner is willing to repurchase such parcel and that it should be resold to him, and

(e) that such parcel is not required for the relief of congestion,

the Land Commission may by order declare that such parcel shall vest in the Land Commission on the appointed day as if it were tenanted land.

(2) Where the fee farm grant or lease under which a parcel of untenanted land the subject of an application under the foregoing sub-section of this section is held comprises, in addition to such parcel, other land which is not in the occupation of the owner of such parcel (whether such owner has or has not any estate or interest in such other land) the Land Commission may either apportion the rent reserved by such grant or lease between such parcel and such other land or exclusively charge the whole of such rent on such parcel and thereupon the rent so apportioned to or exclusively charged on such parcel shall be deemed for the purposes of this section to be the rent payable by such owner in respect of such parcel.

(3) Where a parcel of untenanted land becomes vested in the Land Commission by virtue of an order made under this section the following provisions shall have effect, that is to say:—

(a) the owner of such parcel shall be deemed to have entered on the appointed day into a subsequent purchase agreement for the purchase of such parcel as if it were a holding held by such owner at the rent payable by him in respect of such parcel;

(b) arrears of the rent payable by such owner in respect of such parcel which accrued due on or before the first gale day in the year 1928 and are unpaid on the appointed day shall not be payable by such owner;

(c) arrears of the said rent which accrued due after the first gale day in the year 1928 and before the appointed day and are unpaid on the appointed day together with an apportioned gale of such rent from the last gale day before the appointed day up to the appointed day shall be compounded by the addition of compounded arrears of rent (calculated as hereinafter mentioned) to the purchase money of such parcel;

(d) the amount of the compounded arrears of rent so to be added to such purchase money shall be seventy-five per cent. of the arrears of rent and apportioned gale of rent so to be compounded.

(4) Applications to the Land Commission for an order under sub-section (1) of this section shall be heard and decided by the Land Commissioners other than the Judicial Commissioner and an appeal shall lie to the Judicial Commissioner from the decision of the other Commissioners on any such application (including any apportionment or exclusive charge of a rent) and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

(5) Section 11 of the Land Act, 1927 , is hereby repealed without prejudice to the continuance, completion, and validity of proceedings under that section which are pending at the passing of this Act.

(6) The owner of a parcel of untenanted land shall not be precluded from applying to the Land Commission under this section nor shall an application under this section be refused solely by reason or on the ground of an application under section 11 of the Land Act, 1927 , in respect of the same parcel of land having been refused before the passing of this Act.

Extension of powers of providing for maintenance of embankments, etc.

45. —(1) Where, in the case of an estate the holdings on which are vested under this Act in the purchasers thereof, it appears to the Judicial Commissioner, within six years after the publication of the vesting orders or the last of the vesting orders in respect of such holdings, that he could on the distribution of the purchase money of such estate, if application in that behalf had then been made to him, have directed under sub-section (1) of section 44 of the Land Act, 1923 , the transfer of land bonds to the Public Trustee for the purposes mentioned in that section, the Judicial Commissioner may within the said period of six years order any person who on such distribution received for his own benefit or received and retained under his control as a trustee any portion of such purchase money to repay to the Public Trustee so much (if any) of the said purchase money so received or so received and retained by him as the Judicial Commissioner shall consider he could have so directed to be so transferred on such distribution.

(2) Land bonds paid to the Public Trustee in pursuance of an order made under this section shall be applied in accordance with sub-section (2) of section 44 of the Land Act, 1923 , as if they had been transferred to him under sub-section (1) of that section.

Extension of powers of recouping expenditure on repair of embankments, etc.

46. —(1) Where in the case of an estate the holdings on which are vested under this Act in the purchasers thereof, it appears to the Judicial Commissioner (on the application of the Land Commission) within six years after the publication of the vesting orders or the last of the vesting orders in respect of such holdings, that he could on the distribution of the purchase money of such estate, if an application in that behalf had then been made to him by the Land Commission, have ordered under section 20 of the Land Act, 1927 , the transfer of land bonds to the Land Commission, the Judicial Commissioner may within the said period of six years order any person who on such distribution received for his own benefit or received and retained under his control as a trustee any portion of such purchase money to repay to the Land Commission so much (if any) of the said purchase money so received or so received and retained by him as the Judicial Commissioner shall consider he could have so ordered to be so transferred on such distribution.

(2) Land bonds paid to the Land Commission in pursuance of an order made under this section shall be applied by the Land Commission to the purposes for which such land bonds would have been applicable if they had been transferred to the Land Commission under section 20 of the Land Act, 1927 .

Holdings deteriorated or reduced by neglect of landlord to repair drains. etc.

47. —(1) Where the landlord of any tenanted land vested or to be vested under this Act was, prior to the declaration of the appointed day for such land, liable, either alone or in conjunction with another person or other persons and either under the terms of a contract of tenancy or under a statute or otherwise, to cleanse or maintain or to contribute to the cleansing or maintenance of any watercourse, drain, embankment, or other work and such landlord neglected so to cleanse or maintain or contribute to the cleansing or maintenance of such work and by reason of such neglect a holding on such tenanted land has become permanently deteriorated or substantially reduced in area and in consequence of such deterioration or reduction the Land Commission is not satisfied that such holding is security for the standard purchase annuity to which, but for this section, it would become liable on vesting, the Land Commission, on the application of any person interested or without any such application and either before or after the appointed day—

(a) may, where the purchase money of such holding has not been advanced, make an order refusing to advance such purchase money and may thereupon fix the standard purchase annuity of such holding in the manner provided by the Land Act, 1923 , in respect of holdings subject to rents other than judicial rents where the landlord and the tenant do not agree; or

(b) may, where the purchase money of such holding has been advanced, reduce the standard purchase annuity of such holding to the amount of a standard purchase annuity to be thereupon fixed by the Land Commission for such holding in the manner provided by the Land Act, 1923 , in respect of holdings subject to rents other than judicial rents where the landlord and the tenant do not agree.

(2) Section 2 of the Land Act, 1929 , shall not apply to standard purchase annuities fixed by the Land Commission under this section.

(3) The Land Commission shall not make an order under this section save either with the consent of all parties concerned or after notice has been served in the prescribed manner on all parties concerned and all such parties have been afforded an opportunity of objecting to the making of such order.

(4) Every application for an order under this section and every objection duly made to the making of any such order shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application or objection and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from the decision of the Judicial Commissioner to the Supreme Court.

Grants for expenses of transferring migrants.

48. —The powers of the Land Commission to expend money for the benefit or improvement of land purchased or agreed to be purchased under the Land Purchase Acts shall extend to and include the grant, where the Land Commission think it expedient, of such sums for or towards the expenses of transferring migrants to their new holdings as the Land Commission may think fit.

Variation of tithe rent-charges and variable rents.

49. —(1) The sum payable in respect of every gale of a tithe rentcharge or a variable rent which has accrued or shall accrue due after the 1st day of November 1930, shall be ninety-two per cent, of the sum which was payable in respect of the gale of such tithe rentcharge or such variable rent (as the case may be) which accrued due next before the 2nd day of November, 1930.

(2) No variation of any tithe rentcharge or of any variable rent shall be made under (as the case may be) sections 2 and 3 of the Tithe Rentcharge (Ireland) Act, 1900, or those sections as applied by section 90 of the Irish Land Act, 1903, in respect of any gale of such tithe rentcharge or variable rent accruing after the 1st day of November 1930.

(3) In this section the expression “tithe rentcharge” means a rentcharge in lieu of tithes whether payable to the Land Commission or to a lay impropriator or to any other person but does not include a tithe rentcharge which is excluded by section 8 of the Tithe Rentcharge (Ireland) Act, 1900, from the operation of section 3 of that Act, and the expression “variable rent” means a rent to which sections 2 and 3 of the Tithe Rentcharge (Ireland) Act, 1900, apply by virtue of section 90 of the Irish Land Act, 1903.

Payment of additional sum by payers of certain purchase annuities.

50. —(1) A person by whom a purchase annuity in respect of an advance made after the passing of this Act under section 38 or section 39 of the Land Act, 1923 , is payable shall on the first gale-day on which a payment in respect of such purchase annuity is payable pay to the Land Commission (in addition to such payment) an additional sum equivalent to a proportion of such purchase annuity for the period between such gale-day and the next day on which dividends are payable on land bonds.

(2) The Land Commission shall have for the recovery of sums payable to them under this section the same remedies as they have for unpaid instalments of purchase annuities

Times for payment of additional sums.

51. —Every additional sum which is by the Land Purchase Acts (including this Act) made payable to the Land Commission by a purchaser on the first gale day on which an instalment of purchase annuity or of a sum equivalent to purchase annuity is payable shall, notwithstanding anything contained in those Acts, be paid at such times (not being earlier than such first gale day) and in such instalments as shall be prescribed by rules made by the Land Commission.

Making of periodical returns by the Land Commission.

52. —Section 33 of the Purchase of Land (Ireland) Act, 1891, is hereby repealed and in lieu thereof it is hereby enacted that the Land Commission shall make such periodical returns at such times and in such manner as the Minister for Finance shall direct.

Rules and regulations.

53. —(1) The Land Commission may, after consultation with the President of the Incorporated Law Society, make rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act, and in this Act the word “prescribed” means prescribed by such rules.

(2) The Minister for Finance may make regulations for carrying into effect the provisions of this Act relating to land purchase finance and may by such regulations adapt to the requirements of this Act any provision relating to land purchase finance contained in any Act passed before this Act.

Short title, construction and citation.

54. —(1) This Act may be cited as the Land Act, 1931.

(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.