First Previous (PART III. Arrears and Revision of Purchase Annuities, Rents, and other Annual Payments.)

38 1933

LAND ACT, 1933

PART IV.

Miscellaneous Amendments of the Law relating to Land Purchase.

Levy by county registrar on warrant for arrears of payments due to the Land Commission.

28. —(1) Where any person (in this section called the “defaulter”) has failed to pay money due and payable by him to the Land Commission, in respect of a purchase annuity, an annual sum equivalent to a purchase annuity, an additional sum, payment in lieu of rent, interest in lieu of rent, interest on: purchase money, rent of a holding, or rent payable under an agreement for the letting of a parcel of land for temporary convenience it shall be lawful for the Land Commission, if and when the Land Commission thinks proper, to issue to the county registrar of the county in which the lands are situate or to the county registrar of any county in which the defaulter resides or has a place of business, a warrant in the prescribed form certifying the name of the defaulter, the amount of the money so due by him as aforesaid, and (as the case may require) the residence or place of business of the defaulter or the situation and description of the lands in respect of which such money is due, and authorising such county registrar to levy, in accordance with this section the money aforesaid.

(2) A warrant issued under this section shall have the same force and effect as an execution order within the meaning of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), and shall be a sufficient authority to a county registrar to act in accordance therewith.

(3) Immediately upon receipt from the Land Commission of a warrant under this section the county registrar shall, after serving such notices and doing such acts as may be prescribed in that behalf by regulations to be made by the Minister for Justice, proceed to levy the money therein certified to be due by the defaulter in the same manner as execution orders at the suit of the Land Commission are by law leviable, and such county registrar shall, for that purpose, have all such rights, powers and duties as are for the time being vested in or imposed on him by law in relation to the execution of an execution order including such rights, powers and duties as are for the time being vested in or imposed on him by section 31 of the Land Act, 1927 .

(4) All moneys paid to or levied or otherwise received by a county registrar on account of the money mentioned in a warrant issued under this section shall be paid by him to the Land Commission.

(5) The remedies for the recovery of moneys given to the Land Commission by this section shall be in addition to, and not in derogation of, any other remedies which the Land Commission may have by law for the recovery of such moneys.

(6) In the application of this section in relation to a county for which there is for the time being an under-sheriff, this section shall have effect as if the word “under-sheriff” were substituted for the expression “county registrar” throughout this section.

Relief of congestion.

29. —(1) Sub-section (4) of section 24 of the Land Act, 1923 , is hereby repealed and in lieu thereof it is hereby enacted that when the Land Commission declare that any land (in this section referred to as the declared land) coming within clause (a) of sub-section (2) of the said section 24 is required for the purpose of relieving congestion, and the tenant or proprietor of the declared land or the wife or the husband of such tenant or proprietor resides on or in the immediate neighbourhood of the declared land and uses it in the same manner as an ordinary farmer in accordance with the proper methods of husbandry, then, if such tenant or proprietor is not the owner of land (other than the declared land) the market value of which exceeds the sum of £2,000, the Land Commission shall, if within the prescribed time and in the prescribed manner such tenant or proprietor requires them to declare and acquire his entire land and to provide him with a new holding, provide such tenant or proprietor with a new holding which the Lay Commissioners consider to be suitable for such tenant or proprietor and also consider (subject to a right of appeal to the Appeal Tribunal, whose decision shall be final) to be of not less market value than the declared land or of not less market value than £2,000 (whichever shall be the lesser sum).

(2) Where the Land Commission provides such tenant or proprietor with a new holding under the next preceding sub-section the balance of the purchase money of the declared land over and above the market value of such new holding shall be payable in land bonds.

(3) The provisions of the Land Act, 1923 , and the Acts amending or extending that Act in relation to the transfer of burdens and rights on the exchange of holdings by agreement shall extend to any exchange of lands effected under the preceding sub-section of this section.

(4) Sub-section (5) of section 24 of the Land Act, 1923 , is hereby repealed.

(5) The Land Commission may publish in the prescribed manner a notice of intention to declare that lands are required for the relief of congestion, and the publication of such notice shall be in lieu of and in substitution for the publication of a provisional list of the lands pursuant to section 40 of the Land Act, 1923 .

(6) The power of the Land Commission under sub-section (3) of section 24 of the Land Act, 1923 , to declare that any land therein referred to is required for the relief of congestion shall be exercised and performed by the Lay Commissioners and their decision shall be final subject to an appeal to the Appeal Tribunal on any question of law or of value, and the decision of the Appeal Tribunal on any such question of value shall be final.

(7) The Land Commission shall not be precluded from declaring lands to be required for the relief of congestion by reason only of the fact that proceedings for a declaration begun prior to the passing of this Act are pending or have been, prior to the passing of this Act, dismissed or discontinued.

Power to the Land Commission in certain cases to declare the appointed day for untenanted land before the price is fixed.

30. —(1) Where a provisional list of untenanted lands or a notice under this Part of this Act of intention to declare that lands are required for relief of congestion has been published and no objection thereto has been lodged or if lodged has been finally disposed of, the Land Commission may, if they consider it expedient so to do for the purpose of the immediate distribution of such lands by order declare the appointed day for such lands notwithstanding that the price has not been agreed upon or fixed, and by the same order declare the price (in this section called the provisional price) at which it is proposed to purchase such lands.

(2) In default of agreement, the price of lands in respect of which the appointed day has been declared under the foregoing sub-section of this section shall be fixed by reference to the value thereof as on the appointed day in accordance with the provisions of the Land Purchase Acts in that behalf.

(3) If the price of lands in respect of which the appointed day has been declared under this section exceeds the provisional price, the Land Commission shall make an additional advance and issue additional land bonds for the purchase of such lands and there shall be payable by the Land Commission to the person entitled to the receipt of the rents and profits of such land before the purchase thereof a sum equal to interest (less income tax) on the additional land bonds so issued from the appointed day to the date of the issue of such additional land bonds.

(4) If the price of lands in respect of which the appointed day has been declared under this section is less than the provisional price, the Land Commission shall pay into the Land Bond Fund such sum as will be sufficient to redeem the land bonds issued in excess of the price of such lands and shall be entitled to recover the amount so paid into the Land Bond Fund, together with the interest paid on the bonds so redeemed from the appointed day to the date on which such bonds are redeemed, out of the purchase money of such lands so far as it shall not have been distributed on allocation, or from such person as shall have received such purchase money or any part thereof and shall be found liable to make such repayments.

(5) Notwithstanding anything in section 36 of the Land Act, 1931 , interest on land bonds advanced as the price of untenanted lands for which a provisional price has been declared under this section shall be paid to the person appearing to the Land Commission to be the owner of the lands prior to the purchase, but the Judicial Commissioner may, on the application of any interested person, direct that such interest or any part thereof shall be paid to such interested person.

Resumption of holdings.

31. —(1) Where the Land Commission propose to exercise their powers of resumption of a holding in whole or in part they shall give notice in the prescribed manner to the person appearing to be in occupation of the holding as tenant of their intention to resume the holding in whole or in part unless within the prescribed time a petition is presented to the Land Commission praying that the holding or the part thereof (as the case may be) be not resumed without further inquiry.

(2) If any such petition as aforesaid is presented, questions arising under it shall be considered and determined by the Lay Commissioners whose determination shall be final subject only to an appeal to the Appeal Tribunal on a question of law.

(3) If no such petition as aforesaid is presented, or if any such petition is presented and refused, the Lay Commissioners may certify that the holding or part thereof is required by the Land Commission in exercise of their powers of resumption and the court shall, upon the application of the Land Commission, authorise the resumption of the holding in whole or in part, as so certified to be required, and where the Lay Commissioners also certify that it is expedient that the holding should be available for immediate distribution, the court shall thereupon authorise the Land Commission to enter into possession of the holding, notwithstanding that the resumption price may not have been fixed, and in that case on the resumption price being fixed there shall be payable by the Land Commission to the person entitled thereto, interest on the resumption price at the rate per annum at which interest is payable on the issue of land bonds made in payment of the resumption price from the date on which the Land Commission went into possession of the holding to the date of the issue of the land bonds in payment of the resumption price.

Extension of the powers of the Land Commission to acquire land compulsorily.

32. —(1) Where the Lay Commissioners certify, before the appointed day, that any land is required for the purpose of resale to the persons or bodies mentioned in section 31 of the Land Act, 1923 , as extended by this Act the Land Commission shall have and may exercise in respect of such lands all or any of the powers that they have in relation to acquiring lands for the relief of congestion.

(2) Where the circumstances of any land are such that if such land were acquired by the Land Commission the tenant or proprietor of such land would be entitled under this Act to require the Land Commission to provide him with a new holding, the Land Commission shall, notwithstanding anything contained in this section or in any other enactment, not acquire such land compulsorily for any purpose other than the relief of congestion or the provision of sports fields, parks, pleasure-grounds, or play-grounds, for the inhabitants of villages, towns, or cities or for schools or the provision of gardens for schools.

(3) Notwithstanding anything contained in this section or in any other enactment, the Land Commission shall not acquire compulsorily for any purpose other than the relief of congestion in the same locality or the provision of sports fields, parks, pleasure-grounds, or play-grounds, for the inhabitants of villages, towns, or cities or for schools, or the provision of gardens for schools any land in respect of which the Lay Commissioners are satisfied that, having regard to the area, situation, and character of such land, the amount of congestion and unemployment existing in the district in which such land is situate and the country generally, and the desirability of increasing the production of food supplies, such land is producing an adequate amount of agricultural products and is providing an adequate amount of employment, reckoning in such employment any relatives of the tenant or proprietor of such land permanently employed on such land.

(4) A certificate given under this section shall be final, subject to an appeal to the Appeal Tribunal on any question of law or of value and the decision of the Appeal Tribunal on any such question of value shall be final.

Advance to trustees for certain purposes.

33. —(1) The provisions of sections 4 and 20 of the Irish Land Act, 1903, and section 18 of the Irish Land Act, 1909, as extended by section 69 of the Land Act, 1923 shall be and are hereby further extended so as to include the provision of sports fields, parks, pleasure-grounds and playgrounds for the inhabitants of villages, towns or cities, or for schools and the provision of gardens for schools amongst the purposes for which advances may be made under those sections, and schemes may be framed or amended under the said sections for or so as to include all or any of those purposes.

(2) The trustees mentioned in paragraph (e) of sub-section (1) of section 31 of the Land Act, 1923 , shall include trustees for all or any of the purposes mentioned in the foregoing sub-section of this section.

Power of Land purchase sporting rights in certain cases.

34. —Where lands have been vested in a purchaser under any Land Purchase Act prior to the Land Act, 1923 , and the sporting rights (other than fishing rights) on or over such lands were not so vested, the Land Commission may, if of the opinion that it would be for the benefit of the country that such rights should be acquired and that they should be vested in the proprietors of the lands on or over which they are exercised, as an appurtenance to such lands, and if such proprietors are willing to purchase such rights, make an order declaring the appointed day in respect of all such rights and vesting the same in the Land Commission at a price, payable in land bonds, to be fixed (in default of agreement) by the Lay Commissioners subject to a right of appeal to the Appeal Tribunal.

Amendment of section 24 of the Land Act, 1927 .

35. Section 24 of the Land Act, 1927 , shall, in its application to proceedings in which the Land Commission have withdrawn from the purchase or resumption of lands prior to the passing of this Act, have effect as if all the words from the words “where the Land Commission have withdrawn” to the end of the section were deleted.

Amendment of section 24 (2) (b) and (g) of the Land Act, 1923 .

36. —(1) Clause (b) and (g) of sub-section (2) of section 24 of the Land Act, 1923 , shall be and are hereby amended by substituting therein for the date of the passing of that Act as the date upon which the character of the holding is to be determined—

(a) for and during the period of five years from the date of the passing of this Act, the date of the passing of this Act, and

(b) for and during every successive period of five years from that date, the date on which such period shall commence.

(2) Where sub-section (1) of section 24 of the Land Act, 1923 , has become or hereafter becomes applicable to any land by virtue of the amendment of that section made by this section, such application of the said sub-section to such land shall not be prejudiced or prevented merely by reason of a previous determination that the said sub-section did not apply to such land.

Annuities on submerged lands.

37. —(1) Where part of a holding charged with an advance under the Land Purchase Acts is permanently submerged owing to coast or other erosion or other cause not arising from the fault or neglect of the tenant, the Land Commission may make an order apportioning the land purchase annuity or annual sum as between the part submerged and the part not submerged, and thereafter the purchaser or tenant shall be liable only for the portion of the land purchase annuity or annual sum on the part not submerged and, if the Minister for Finance so directs, the balance of such annuity or annual sum shall be written off as irrecoverable.

(2) Where the whole of a holding charged with an advance under the Land Purchase Acts is permanently submerged owing to coast or other erosion or other cause not arising from the fault or neglect of the tenant, the land purchase annuity or annual sum charged thereon shall, if the Minister for Finance so directs, be written off as irrecoverable.

(3) Arrears of annuities or annual sums or portions thereof written off under this section as irrecoverable shall not be a charge on the Guarantee Fund.

(4) All deficiencies in the Land Bond Fund arising under this section shall be made good to that fund out of moneys provided by the Oireachtas at such times and in such manner as the Minister for Finance shall direct.

(5) This section shall not apply where compensation in respect of the submergence of the holding is payable under any Act of the Oireachtas whether passed before or after this Act.

(6) Land which is as a result of coast erosion periodically covered by tidal water or is by reason of the permanent or occasional incursion thereon of water, sand or other substance (whether liquid or solid) incapable of being cultivated or used for purposes of agriculture or pasture shall, for the purposes of this section, be deemed to be permanently submerged owing to coast crosion

Power to the Land Commission in certain cases to reduce the standard purchase annuity of a holding.

38. —(1) Where, in the case of a holding included in a list of vested holdings published under section 9 of the Land Act, 1931 , the Land Commission is not satisfied that the holding was on the 9th day of August, 1923 security for the standard purchase annuity, whether agreed upon between the landlord and the tenant or fixed in accordance with the First Schedule to the Land Act, 1923 or section 2 of the Land Act, 1929 , the Land Commission may before the holding is vested in the purchasing tenant or resumed by the Land Commission, as the case may be, fix the standard purchase annuity for the holding in the manner provided by Part II of the First Schedule to the Land Act, 1923 , in respect of cases in which there is no agreement between the landlord and the tenant, and may make an order reducing the standard purchase annuity accordingly.

(2) The provisions of the Land Act, 1931 , consequential on the making of an order reducing the standard purchase annuity of a holding shall apply to an order made under this section.

Mill holdings.

39. —(1) A holding shall not be excluded from the provisions of the Land Act, 1923 , and of the Acts amending and extending that Act, in virtue of which lands are vested in the Land Commission as tenanted lands on the appointed day, by reason only of the fact that there is a mill building upon such holding if, having regard to all the circumstances of the case, the Land Commission consider that the holding is substantially agricultural or pastoral or partly agricultural and partly pastoral.

(2) No person shall be precluded from making an application to the Land Commission for an order declaring the appointed day for any such holding as is mentioned in the foregoing sub-section of this section by reason only that the holding had been, prior to the passing of this Act, excluded from the said provisions of the said Acts on the ground that it was a mill holding.

Holdings let for a special purpose.

40. —(1) A holding shall not be excluded from the provisions of the Land Act, 1923 , and of the Acts amending and extending that Act, in virtue of which lands are vested in the Land Commission as tenanted lands on the appointed day, by reason only of the fact that such holding is held under a contract of tenancy expressed to be made for temporary depasturage, temporary convenience, or to meet a temporary necessity if the Land Commission, having regard to all the circumstances of the case, is of opinion that such tenancy was not in fact intended for temporary depasturage or that there was in fact no temporary convenience or temporary necessity to be served in the making of such contract of tenancy or that such holding is used as an ordinary farm and in any case is of opinion that such holding should be deemed to be a holding to which the said provisions of the said Acts apply.

(2) No person shall be precluded from making an application to the Land Commission for an order declaring the appointed day for any such holding as is mentioned in the foregoing sub-section of this section by reason only that the holding had been, prior to the passing of this Act, excluded from the said provisions of the said Acts on the ground that it was held under a letting for temporary depasturage or to meet a temporary convenience or a temporary necessity.

(3) A provision contained in any such contract of tenancy (whenever made) as is mentioned in the first sub-section of this section or in a contract of tenancy (whenever made) the main object of which was for a residence and purporting directly or indirectly to preclude the tenant under such contract from exercising rights under the Land Purchase Acts or any particular such right shall be and, if such contract was made before the passing of this Act, be deemed always to have been void and unenforceable.

Previous advances made to the husband or wife of a tenant to be considered.

41. —In considering, pursuant to sub-section (6) of section 28 of the Land Act, 1923 , or section 33 of that Act or section 11 of the Land Act, 1931 , the amount of the advances made under the Land Purchase Acts for the purchase of lands of which the tenant of a holding, to which the Land Act, 1923 , and the Acts amending and extending that Act apply, is the proprietor on the appointed day, advances made for the purchase of lands of which the husband or the wife (as the case may be) of such tenant is the proprietor shall be deemed to have been made to such tenant.

Untenanted land held under fee farm grant or long lease.

42. —(1) Paragraph (c) of sub-section (1) of section 44 of the Land Act, 1931 , is hereby repealed.

(2) When an application under the said section 44 is granted, the provisions relating to tenanted land contained in section 24 of the Land Act, 1923 , and the like provisions in the Acts amending and extending the said section shall apply to the parcel of land in relation to which the application has been granted.

(3) An application under the said section 44 shall not be granted in any case where the parcel of land to which such application relates would have been excepted from the provisions of sub-section (1) of section 24 of the Land Act, 1923 , had it been tenanted land within the meaning of sub-section (2) of section 73 of the said Act.

(4) In any application under the said section 44 , where the rent actually paid by the applicant is not the same as the rent reserved by the grant or lease under which the pared of land to which such application relates is held and the Land Commission is of opinion, having regard to all the circumstances of the case, that the rent actually paid by the applicant has been paid and accepted in substitution for the rent reserved by such grant or lease, the rent so actually paid shall be deemed to be the rent of such parcel of land for the purposes of such application.

(5) When the Land Commission is not satisfied that a parcel of land, in respect of which an application under the said section 44 is granted, is security for the standard purchase annuity, whether agreed upon between the landlord and the tenant or fixed under section 2 of the Land Act, 1929 , the Land Commission, on serving notice on the parties in the prescribed manner, may make an order fixing the standard purchase annuity of such parcel in the manner provided by Part II of the First Schedule to the Land Act, 1923 , in respect of cases in which there is no agreement between the landlord and the tenant.

(6) In fixing the standard purchase annuity of a parcel of land in respect of which an application under the said section 44 is granted, the Land Commission may have regard to the amount (if any) in money or money's worth paid or given by way of fine or otherwise by the grantee or lessee to the grantor or lessor on and for the making of the grant or lease under which such parcel of land is held.

(7) Paragraphs (b), (c), and (d) of sub-section (3) of the said section 44 are hereby amended by substituting for the first gale day of the year 1928, such gale day prior to the date of the lodgment of the application under that section as will permit three years' arrears and will not permit more than three years' arrears or rent to be compounded under the said sub-section.

(8) Where the Land Commission make an order under the said section 44 that a parcel of land shall vest on the appointed day, they may by the same order declare the appointed day and fix the standard purchase annuity for such parcel.

(9) No person shall be precluded from making an application to the Land Commission under the said section 44 by reason only that an order had been made refusing a previous application under the said section in relation to the same parcel of land before the passing of this Act and in any such case such application may be made notwithstanding that the grant or lease under which such parcel of land was held at the date of such order was subsequently terminated on account or in consequence of non-payment of the rent reserved thereby, and in such case such grant or lease shall, for the purposes of the said section 44 and such application, be deemed to be subsisting.

(10) Section 38 of the Land Act, 1923 , 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.

(11) Where, in any proceedings under the said section 44, the owner of the parcel of land to which such proceedings relate is dead and there is no legal personal representative of such deceased owner, or the services of his legal personal representative are not conveniently available for the said proceedings, the Land Commission may, on such terms and conditions (if any) as they may think fit, appoint some proper person to be administrator of the personal estate of such deceased owner limited to the said proceedings, and thereupon such limited administrator shall, for the purposes of the said proceedings, represent such deceased owner in the same manner as if such owner had died intestate and letters of administration of his personal estate and effects had been duly granted to the said limited administrator.

Compounded arrears of rents charged on holdings which are sub-let.

43. —Where an additional annuity in repayment of compounded arrears of rent has been charged on a holding which is wholly or partially sub-let and the sub-tenants have been declared to be direct tenants of their respective portions of the holding, the following provisions shall have effect, that is to say:—

(a) each such sub-tenant shall be entitled to credit for so much of the said compounded arrears of rent as is repayable by the portion of the said additional annuity charged on his separate holding as against the arrears of rent, if any, due and payable by him to his immediate landlord;

(b) if there are no arrears of rent due by such sub-tenant or if the amount of the compounded arrears of rent so repayable as aforesaid exceeds the amount of the arrears of rent due by such sub-tenant, the portion of such additional annuity charged on his separate holding or so much of the said portion of the said additional annuity as represents the excess of the said compounded arrears of rent over the arrears of rent due by such sub-tenant (as the case may be) shall be redeemed out of the intervening interest of his immediate landlord so far as the redemption price of such intervening interest, after discharging claims in respect of unpaid instalments of payment in lieu of rent or annual sums or additional sums (if any), is sufficient and, to the extent that such intervening interest is not so sufficient, out of the sum added to the purchase money of the holding for compounded arrears of rent;

(c) where any portion of the said additional annuity is redeemed out of the sum added to the purchase money of the holding for compounded arrears of rent, the person entitled to receive the said compounded arrears of rent shall be entitled to receive and recover from, the person by whom the said compounded arrears of rent would have been payable if they had not been added to the purchase money such sum as shall have been paid out of the said compounded arrears of rent in redemption in whole or in part of the said additional annuity.

Expenditure on embankments not exceeding £500.

44. —Where the total expenditure proposed to be made by the Land Commission in or towards the reconstruction of any work under sub-section (5) of section 44 of the Land Act, 1923 , does not exceed the sum of five hundred pounds, the Land Commission may make such expenditure at their discretion, out of moneys provided by the Oireachtas, as part of the expenses of the Land Commission, and the provisions of the said sub-section in relation to expenditure thereunder shall apply to such expenditure under this section.

Amendment of section 73 (2) (b) of the Land Act, 1923 .

45. —Sub-section (2) of section 73 of the Land Act, 1923 , is hereby amended by the deletion of paragraph (b) of the said sub-section and the insertion in the said sub-section of the following paragraph in lieu of the paragraph so deleted, and the said section shall be construed and have effect accordingly, that is to say:—

“(b) if the holding is situate in a non-congested districts county, and the Land Commission certify that the creation of the tenancy was in the interests of the country, the holding shall vest in the Land Commission as tenanted land, but if the Band Commission do not so certify, the holding shall not be vested in the Land Commission unless they deem it expedient that it should vest as untenanted land, whereupon it stall so vest and the price shall be ascertained as if the holding were untenanted land.”

Provisions relating to tenanted land suitable for building.

46. —(1) Where any tenanted lands have been excepted from the provisions of sub-section (1) of section 24 of the Land Act, 1923 , as amended and extended by the Land Acts subsequent thereto, by reason or on account of their potential or actual value or utility as building ground, and have not been resumed and utilised for building purposes before the 28th day of June, 1933, the provisions of the said Act as so amended and extended (other than the provisions relating to tenanted land having potential or actual value or utility as building ground) shall apply to such tenanted land as on and from the 28th day of June, 1933.

(2) Where the tenancy in any lands which have been excepted as aforesaid has, before the 28th day of June, 1933, been determined by the landlord and the tenant has been reinstated therein under a new tenancy agreement such tenant shall, where the lands have not been utilised for building purposes by the landlord before the said date be deemed to be tenant thereof under his former tenancy.

(3) Tenanted land which was not excepted as aforesaid before the 28th day of June, 1933, shall not be so excepted after that day by reason or on account of its potential or actual value as building ground.

(4) This section shall not apply to any tenanted land owned by a local authority otherwise than for the purposes of their power and duties as such.

Extension of power to acquire bogs.

47. —(1) The powers of the Land Commission to acquire any bog for the purpose of providing turbary for the occupiers of land shall be and are hereby extended so as to include the acquisition of bog for the purpose of the development thereof for such other purposes as the Minister for Industry and Commerce, with the consent of the Minister for Finance, shall approve.

(2) In the exercise by the Land Commission of the extended powers conferred by this section due regard shall be had to the reasonable requirements of the occupiers of land in the neighbourhood in respect of turf for consumption as fuel in their own houses and not for sale.

Registration of holdings on vesting.

48. —(1) Every holding vested in the tenant thereof by vesting order or by fiat of the purchase agreement entered into by him for the purchase thereof shall 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 shall be subject to the provisions of that Act as on and from the date of such vesting order or fiat, and every such holding shall as on and from the said date be exempt from the provisions of the Acts relating to the Registry of Deeds.

(2) The foregoing provisions shall apply to a parcel of land sold to an allottee as if such parcel were a holding sold to the tenant thereof.

Tithe rentcharge or variable rent in Dublin.

49. —(1) The following provisions shall apply to and have effect in respect of every tithe rentcharge or variable rent issuing out of a hereditament which is, at the passing of this Act, situate within the county borough of Dublin, that is to say:—

(a) where a tithe rentcharge or a variable rent to which these provisions apply has in fact been varied under and in accordance with sections 2 and 3 of the Tithe Bent charge (Ireland) Act, 1900, or those sections as applied by section 90 of the Irish Land Act, 1903, and also under and in accordance with section 49 of the Land Act, 1931 , the said sections 2 and 3 and the said section 49 shall apply and be deemed always to have applied to such tithe rentcharge or such variable rent accordingly;

(b) where a tithe rentcharge or a variable rent to which these provisions apply has not been so varied as aforesaid, section 49 of the Land Act, 1931 shall apply to such tithe rentcharge or such variable rent but with and subject to the following modifications, that is to say:—

(i) the 1st day of November, 1933 shall be substituted for the 1st day of November, 1930, wherever it occurs, and

(ii) the 2nd day of November, 1933 shall be substituted for the 2nd day of November, 1930; and

(iii) sixty-two per cent. shall be substituted for ninety-two per cent.

(2) In this section the expressions “tithe rentcharge” and “variable rent” have the same meanings respectively as they have in section 49 of the Land Act, 1931 .

Power to appoint trustees.

50. —(1) The Judicial Commissioner shall have power, if it appears convenient for the allocation of any fund in the Court of the Irish Land Commission, to appoint trustees for the purposes of the Settled Land Acts, 1882 to 1890, of any settlement, or of any number of instruments together forming a compound settlement, to receive upon the trusts of such settlement or compound settlement any such fund or any part thereof where there is any subsisting charge arising under such settlement or compound settlement, whether secured or not secured by a term of years, notwithstanding that the fee and inheritance have vested absolutely, and where such trustees are so appointed the receipt of such trustees shall be a sufficient discharge to the Land Commission in relation to such fund or part thereof.

(2) For the purposes of this section lands vested in the Irish Land Commission on the appointed day, or the purchase money thereof, or any rent, or the redemption price thereof, or any other fund to be distributed by the Judicial Commissioner may be deemed to be held by way of succession under a settlement or a compound settlement notwithstanding that the provisions of the particular instrument under which any such charge arises, may have determined save as regards such charges.

(3) There shall be no appeal from a decision of the Judicial Commissioner under this section.

Payment of fines for renewal of leases, on allocation.

51. —Where, on the allocation of any fund distributable by the Court under the Land Purchase Acts, the rent and renewal fines payable out of lands held under lease for lives or for years with a covenant for perpetual renewal upon payment of a fine, are redeemed, in whole or in part, and ordered to be paid out of such fund, no fine which became payable more than twenty-two years before the date of such allocation nor more than three fines in all shall be taken into consideration in assessing the value of the fines to be so redeemed, and in no such case shall the total sum payable in redemption of such fines exceed 10 per cent. of the redemption price of the rent payable under the said lease.

Distribution of small shares of purchase moneys, etc.

52. —The provisions of section 63 of the Irish Land Act, 1903, and of section 35 of the Land Act, 1931 , shall apply to any share in the redemption price or in the residue of the redemption price of a superior interest, or in the purchase money or the residue of the purchase money of an estate, or in any fund or the residue of any fund which is distributable by the court where the amount of such share—

(a) does not exceed thirty pounds; or

(b) exceeds thirty pounds and does not exceed one hundred pounds,

in like manner as those sections apply to redemption prices of superior interests, purchase moneys of estates, and funds distributable by the court, or to residues of such redemption prices, purchase moneys or funds not exceeding thirty pounds and exceeding thirty pounds and not exceeding one hundred pounds respectively.

Deduction from purchase money of debts due to the State.

53. —(1) The Land Commission when distributing the purchase money of an estate shall deduct from the amount of the purchase money payable to any person who is not resident in Saorstát Eireann any debt due or payable by such person to any Minister or Government Department of which the Land Commission has received notice before the making of payment to such person.

(2) When the amount of any such debt has not been ascertained the Land Commission shall retain such sum as the Minister or Government Department requires out of the amount of the purchase money to which the person by whom such debt is due or payable is entitled until he has delivered the necessary accounts or made the necessary returns to enable the Minister or Department to whom or to which such debt is due to determine its exact amount and such exact amount has been determined.

Guarantee deposits.

54. —(1) When the purchase money of an estate is distributed before the vesting orders in respect of all the holdings comprised in such estate have been made, the Judicial Commissioner shall retain in land bonds out of the purchase money as a guarantee deposit a sum equal to ten per cent. of the purchase money, or such greater sum as the Judicial Commissioner shall think proper but not exceeding in any case twenty-five per cent. of the purchase money unless, on the distribution of such purchase money, the Land Commission certify that no retainer or only a retainer less than ten per cent; of the purchase money need be made.

(2) Sub-section (1) of section 21 of the Land Act, 1931 , is hereby repealed.