PART VII.

Assessment of Compensation.

38. —In this Part of this Act the expression “compensation under this Act” shall be construed as equivalent to the expression “compensation under Part III . of this Act, compensation under Part IV of this Act and compensation under Part V of this Act” or any such compensation.

39. —The amount of compensation under this Act shall, in default of agreement, be determined by the Board in the manner provided by this Part of this Act.

40. —Where the amount of compensation under Part III of this Act or the amount of compensation under Part IV of this Act is fixed by agreement and the land in respect of which such compensation is payable is subject to a land purchase annuity, the following provisions shall have effect—

(a) the Irish Land Commission shall be a party to such agreement;

(b) in the event of the Irish Land Commission not being a party to such agreement, the payment of the amount of compensation fixed thereby shall not be a good discharge to the person paying the same, of his liability to pay such compensation;

(c) any such compensation or part thereof which is payable to the Irish Land Commission under such agreement shall when received by them be applied by the Irish Land Commission in reduction of any arrears due on foot of such annuity, or if there are no such arrears or if such arrears are less than the amount of such compensation then in or towards the redemption of the purchase annuity.

41. —(1) Where compensation under this Act is payable the following persons, that is to say:—

(a) any person claiming to be entitled to such compensation, or

(b) if such compensation is compensation under Part III of this Act or compensation under Part IV of this Act and the land in respect of which such compensation is payable is for the time being subject to a land purchase annuity, the Irish Land Commission,

may apply to the Board to determine the amount of such compensation.

(2) Where an application for compensation under this Act is made under this section the Board shall inquire into such application and shall after such inquiry make their award thereon.

(3) Every award (in this Part of this Act referred to as an award) made by the Board under this section shall contain the following matters—

(a) a statement of the amount of the compensation (if any);

(b) the name of the person by whom such compensation is to be paid;

(c) the name of the person to whom such compensation is to be paid;

(d) if the compensation is to be paid to two or more persons, the allocation of such compensation amongst such persons;

(e) if the compensation is assessed in respect of any land for the time being subject to a land purchase annuity the matters required by the next following sub-section to be included in such award.

(4) Where compensation is assessed by the Board under this section in respect of land which is for the time being subject to a land purchase annuity, the Irish Land Commission may, if they so think fit, request the Board—

(a) if the amount of such compensation is equal to or less than the redemption price of such annuity and the arrears (if any) of such annuity, to order by their award payment to the Irish Land Commission of the whole or such part of the compensation as the Irish Land Commission request, or

(b) if the amount of such compensation exceeds the redemption price of such annuity and the arrears (if any) of such annuity, to order by their award payment to the Irish Land Commission of such sum, not exceeding the amount of the said redemption price and arrears (if any), as the Irish Land Commission request,

and the Board shall comply with such request.

(5) Where any award in relation to land for the time being subject to a land purchase annuity provides for the payment of any moneys to the Irish Land Commission, upon payment thereof to the Irish Land Commission such moneys shall be applied by the Irish Land Commission as they think fit in discharge of the arrears (if any) of such annuity and towards the redemption of such annuity or in either of the said ways.

42. —(1) Every award shall be signed by all the members of the Board.

(2) Every award shall be conclusive evidence of all matters purported to be certified therein.

(3) Any sum directed by an award to be payable by one person to another shall be a debt due and payable by such first mentioned person to such other person and shall be recoverable as a simple contract debt.

(4) A document upon which there is endorsed a certificate, purporting to be signed by the Secretary of the Board, to the effect that such document is a copy of an award shall, until the contrary is proved, be evidence in all Courts of Justice and in all legal proceedings of such award, and it shall not be necessary to prove the signature of such secretary or that he was in fact such secretary.

43. —(1) Whenever an application is made to the Board by any person, other than the Irish Land Commission, to assess compensation under this Act, such person shall pay to the Board in respect of such application, such fee as the Minister, with the sanction of the Minister for Finance, shall prescribe.

(2) All fees paid to the Board under this section shall be paid into or disposed of for the benefit of the Exchequer by the Board in such manner as the Minister for Finance may direct.

44. —(1) The Minister may, if he thinks fit, order that the whole or any part of the costs and expenses incurred by the Board in connection with an application by any person, other than the Irish Land Commission, to the Board to assess compensation under this Act shall be paid to the Minister by the person by whom such application is made.

(2) An order under this section shall certify the amount due by any person, and any amount so certified shall be recoverable by the Minister as a simple contract debt from such person.

(3) The Minister may require any person, other than the Irish Land Commission, who applies to the Board to fix compensation under this Act to give security for the costs and expenses of the Board in connection with the application.

(4) Any money paid to or recovered by the Minister under this section shall be paid into or disposed for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct

45. —When any compensation under this Act is assessed by the Board the following persons and no others shall be entitled to be heard and adduce evidence, that is to say:—

(a) any person claiming to have any estate or interest in the land in relation to which such compensation is being assessed;

(b) the person liable to pay such compensation;

(c) if the land in relation to which such compensation is being assessed is for the time being subject to a lands purchase annuity, the Irish Land Commission

46. —(1) The costs of the parties in any proceedings under this Part of this Act shall be in the discretion of the Board who may by their award direct to and by whom and in what manner those costs or any part thereof shall be paid and the Board may in any case disallow the costs of counsel.

(2) The Board may themselves tax the amount of costs ordered to be paid or may direct in what manner they are to be taxed.

(3) Where the Board orders an applicant for compensation under this Act to pay the costs or part of the costs of the person by whom such compensation is payable, such person may deduct the amount of such costs from the amount of such compensation.

(4) For the purposes of this section costs includes any fees, charges and expenses of the award.

47. —The Board in assessing compensation under Part IV of this Act or compensation under Part V of this Act in respect of a right, shall assess the same on the basis of what would be fair and reasonable between a willing grantor and a willing grantee having regard to the conditions subject to which such right is granted.

48. —Where the person to whom any compensation under this Act is payable cannot be found or ascertained the compensation shall be paid into the High Court in such manner as may be directed by rules of court and the provisions of section 69 to 80 of the Lands Clauses Consolidation Act, 1845, shall apply to such compensation with such modifications and adaptations as may be made by the said rules.

49. —(1) The decision of the Board upon any question of fact arising on proceedings before it under this Part of this Act shall be final and binding on all parties and the persons claiming under them respectively, but the Board may, and shall if the High Court so directs, state at any stage of the proceedings, in the form of a special case for the opinion of the High Court, any question of law arising in the course of the proceedings and may state their award as to the whole or part thereof in the form of a special case for the opinion of the High Court.

(2) The decision of the High Court upon any case stated by the Board under this section shall be final and conclusive and shall not be subject to any appeal to the Supreme Court.