Number 19 of 1927.
LAND ACT, 1927.
ARRANGEMENT OF SECTIONS
Number 19 of 1927.
LAND ACT, 1927.
Application of the provisions in the Land Act, 1923, and the Land Bond Act, 1925, for creating and issuing 4½ per cent. Land Bonds, to this Act.
1.—The powers conferred on the Minister for Finance by the Land Act, 1923, and the Land Bond Act, 1925, to create and issue bonds for the purposes of the Land Act, 1923, shall be extended so as to include power to create and issue bonds for any of the purposes of this Act and the provisions of the Land Act, 1923, and the Land Bond Act, 1925, shall apply to land bonds created and issued by the Minister for Finance for the purposes of this Act as if they were bonds created and issued for the purposes of the Land Act, 1923.
Compounded Arrears of Rent.
2.—(1) Notwithstanding the provisions of sub-sections (3) and (4) of section 19 of the Land Act, 1923, the Land Commission, where they deem it expedient so to do, may fix the appointed day for a holding notwithstanding that compounded arrears of rent payable in respect thereof may not have been collected by them from the tenant, and in such case a sum equivalent to the amount of the compounded arrears of rent remaining unpaid on the appointed day shall be added to the purchase money of the holding and repaid by a purchase annuity calculated at the rate of 4¾ per cent. on the amount thereof charged on the holding and added to and consolidated with the standard purchase annuity of the holding. The provisions of the Land Act, 1923, with respect to the additional annuity payable where one half-year's compounded arrears of rent is added to the purchase money pursuant to the proviso in sub-section (3) of section 19 thereof, shall apply to the annuity created under this section.
(2) Any sum added to the purchase money of a holding in respect of compounded arrears of rent shall be paid out of the purchase money to the person who would have been entitled to receive such compounded arrears of rent for his own use provided that the income tax, if any, due in respect of the holding shall be deducted from such added sum on the distribution of the purchase money.
Prohibition of sub-division, sub-letting and cutting of trees without the consent of the Land Commission prior to the appointed day.
3.—(1) The tenant of a holding to which the Land Act, 1923, applies shall not without the consent in writing of the Land Commission sub-divide the holding or sub-let the same or any part thereof, but it shall not be necessary for such tenant to procure the consent of the landlord to any sub-division or sub-letting or to any assignment of the holding.
(2) Where any holding is sub-divided with such consent as aforesaid, the rent, compounded arrears of rent, payment in lieu of rent and the standard purchase annuity shall be apportioned in such manner as the Land Commission deem expedient, and the several parts of the holding shall be deemed to be separate holdings to which the Land Act, 1923, applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents.
(3) The tenant of a holding to which the Land Act, 1923, applies shall not without the consent in writing of the Land Commission as well as that of any other person entitled to or having an interest in the timber on the holding cut down or uproot or permit to be cut down or uprooted any tree upon the holding which he had not the right to cut down or uproot before the date of the passing of the said Act (other than a fruit tree or osier or any tree planted by himself) and which is necessary for the ornament or shelter of the holding, and if any such tree is cut down or uprooted in violation of this condition the tenant shall be guilty of an offence under this Act and shall be liable on summary conviction to a penalty not exceeding five pounds for each tree so cut down or uprooted.
(4) The consent of the Land Commission to the sub-division or sub-letting of a holding shall not affect their powers to retain or resume the same or any part thereof on or after the appointed day.
Prohibition of sub-division or letting of holdings purchased prior to the passing of the Land Act, 1923.
4.—(1) Where the Land Commission have at any time prior to the passing of the Land Act, 1923, made an advance under the Land Purchase Acts for the purchase of a holding or parcel, the proprietor thereof shall not, until the whole of the advance made for the purchase thereof has been repaid, sub-divide or let the holding or parcel without the consent of the Land Commission, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons and on any such contravention the Land Commission may cause the holding or parcel to be sold.
(2) Sub-sections (2) and (3) of section 30 of the Land Law (Ireland) Act, 1881, as amended by any enactment shall apply to any sale by the Land Commission under this section.
(3) Where the proprietor sub-divides his holding for a limited period by way of family arrangement or for other similar reason the Land Commission from time to time may by general regulations authorise the registering authority to register the person claiming under any instrument executed by the proprietor which creates such temporary sub-division and shall be deemed to have assented to any sub-division to which effect has been given by registration pursuant to such regulations.
Prohibition of sub-division and letting of consolidated holdings.
5.—Where either before or after the passing of this Act a holding or part of a holding, or part of demesne or other land the subject of an advance made to the owner for the purchase thereof, and another holding or part of a holding have been, or shall be, deemed to be one holding (in this section called the consolidated holding) the following provisions shall apply:—
(a) if an advance has been or shall be made for the purchase of any part of the consolidated holding after the passing of the Land Act, 1923, the consolidated holding shall be subject to the provisions of section 65 of that Act prohibiting sub-division and letting as if an advance had been made for its purchase after the passing of the said Act of 1923;
(b) if a part of the consolidated holding is part of demesne or other land subject to an advance made to the owner for the purchase thereof the consolidated holding shall be subject to the provisions of the Land Purchase Acts prohibiting sub-division and letting to which the other part or parts of the holding were subject prior to its consolidation, or became subject to on its consolidation pursuant to the foregoing provision of this section, as the case may be.
Provisions as to consolidated annuities.
6.—Where either before or after the passing of this Act two or more holdings subject to purchase annuities, or a holding subject to a purchase annuity and part of a holding, or part of demesne or other land for which an advance has been made to the owner for the purchase thereof, charged with a portion of another purchase annuity, have been, or shall be, deemed to be one holding (in this section called the consolidated holding) the consolidated annuity payable thereout in lieu of the several annuities or portions of annuities formerly payable, shall be deemed to have been and shall be charged on and recoverable out of the consolidated holding in the same manner and in the same priority as the several annuities or portions of annuities were charged on and recoverable out of the several parts of the consolidated holding on which they were originally charged.
Provisions for tenanted land which is suitable for building ground.
7.—(1) Notwithstanding the provisions of clause (e) of sub-section (2) of section 24 of the Land Act, 1923, a holding shall not be wholly excluded from the operation of sub-section (1) of the said section by reason of its potential or actual value or utility for building ground, if in the opinion of the Judicial Commissioner part only of the lands comprised in the holding possesses a potential or actual value or utility for building ground, and the Judicial Commissioner, having regard to all the circumstances, considers it expedient that the remainder of the holding should be treated as a separate holding to which the provisions of the Land Act, 1923, should apply, but in every such case the Judicial Commissioner may by order direct that the holding be sub-divided and the rent thereof apportioned and that the part of the holding possessing such potential or actual value or utility for building ground shall thenceforth be held during the continuance of the tenancy as a separate holding, to which the Land Act, 1923, does not apply at the rent apportioned upon it by the said order and subject to the terms and conditions to which the entire holding was subject before the making of the said order or to such of them as shall be still applicable to the said part of the holding, and that the remainder of the holding shall be treated as a separate holding to which the Land Act, 1923, does apply subject to the residue of the said entire rent and to the terms and conditions to which the entire holding was subject before the making of the said order or to such of them as shall be still applicable to the remainder of the holding.
(2) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923, solely by reason or on account of its potential or actual value or utility as building ground, was at the passing of the said Act held by the tenant under a lease (other than a building lease), the tenant shall at the expiration of such lease, if in bona fide occupation of the holding or the part thereof so excluded as aforesaid, be deemed to be a tenant of a present ordinary tenancy from year to year at the rent or apportioned rent as the case may be, and subject to the conditions of his lease, so far as such conditions are applicable to a tenancy from year to year although the lease may not have been existing at the passing of the Land Law (Ireland) Act, 1881.
(3) No order made under the above sub-section sub-dividing a holding shall alter or affect the liability of the tenant for rent or arrears of rent accrued due up to and including the gale day next preceding the date of the order, but from this gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923, shall commence.
(4) Where a holding is sub-divided pursuant to the last preceding sub-section the Land Commission shall have power to confer and define such right or rights of way over any part of the lands comprised in the holding to and from any other part of the lands therein comprised as they may consider necessary or expedient.
(5) No person shall be precluded from making an application to the Judicial Commissioner for an order under this section for the sub-division of a holding by reason only that an order has been made before the passing of this Act declaring that the holding is excluded from the provisions of the Land Act, 1923, by clause (e) of sub-section (2) of section 24 of the said Act.
(6) On the expiration of five years from the passing of this Act where any lands, which were at the passing of the Land Act, 1923, tenanted lands excepted from the provisions of sub-section (1) of section 24 of the said Act by reason or on account of their potential or actual value or utility as building ground, have not been resumed and utilised for building purposes during the said period, the Judicial Commissioner may order that the Land Act, 1923, shall apply to the whole or any part of the said lands and the provisions of the said Act shall apply thereto as from such date and subject to such conditions as the Judicial Commissioner may direct: Provided that no such order as aforesaid shall be made in respect of any lands if the landlord proves to the satisfaction of the Judicial Commissioner that he intends forthwith to resume the same (if not then resumed) with the definite purpose of utilising them as building ground, and the Judicial Commissioner is satisfied that the lands will be utilised for building purposes within such further period of time as may be fixed by him and provided also that when the landlord proves to the satisfaction of the Judicial Commissioner that he has expended money in developing the lands for building the said period of five years may be extended to such further period as the Judicial Commissioner may consider reasonable having regard to the amount of money so proved to have been expended.
Upon every application by a tenant for an order pursuant to this sub-section, the Judicial Commissioner shall have and may exercise the powers of sub-division and apportionment conferred on him by sub-section (1) of this section.
(7) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923, solely by reason of or on account of its potential or actual value as building ground is held by the tenant under a lease containing no provision enabling the landlord to resume possession of such land for building purposes, then notwithstanding the absence of such provision the landlord may at any time during the period of five years mentioned in the foregoing sub-section, or such extended period as the Judicial Commissioner may fix as aforesaid, resume the holding, or the part of the holding so excluded, for the purpose of building.
(8) During the aforesaid period of five years the tenant of the lands so excluded shall not be compelled to quit the same or any part thereof, except in consequence of the breach of some one or other of the conditions of his tenancy, unless the landlord is desirous of resuming the lands or part thereof for the immediate purpose of utilising the same as building ground.
Disused mills.
8.—A holding shall not be excluded from the provisions of sub-section (1) of section 24 of the Land Act, 1923, by reason only of the fact that there is a mill building upon it, where it is proved to the satisfaction of the Land Commission that the building has ceased to be used as a mill, and where, having regard to all the circumstances of the case, the Land Commission consider that the holding is substantially agricultural or pastoral or partly agricultural or partly pastoral in character.
Stud farms.
9.—(1) Notwithstanding the provisions of sub-sections (1) and (3) of section 24 of the Land Act, 1923, there shall not be vested in the Land Commission by virtue of the said Act otherwise than in pursuance of a voluntary agreement any untenanted land so long as the Land Commission are satisfied that such land is being used in a bona fide manner as a farm for the purpose of breeding thoroughbred stock which in the opinion of the Minister for Lands and Agriculture is of a nature and character suitable to the requirements of the country.
(2) Where the Land Commission are satisfied that any holding of tenanted land is being so used, then, notwithstanding the provisions of sub-section (6) of section 28 of the Land Act, 1923, such holding shall not be retained by them, unless the standard price exceeds the sum of five thousand pounds or such greater amount as the Land Commission may deem it expedient to advance and the tenant declines to pay to them in cash the difference between the amount to be advanced and the standard price.
Provision for the application of the Land Act, 1923, to tenancies on purchased holdings.
10.—(1) Notwithstanding the provisions of sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, and of clause (a) of sub-section (2) of section 24 of the Land Act, 1923, tenanted land, constituting or forming part of a holding purchased under any Land Purchase Act passed prior to the Land Act, 1923, shall not, when the tenancy was in existence before the first day of September, nineteen hundred and twenty-two, be excluded from the provisions of the Land Act, 1923, by reason only of its having been so purchased and the provisions of section 20 of the Land Act, 1923, shall apply to such tenanted land, unless excluded by some other provision of that Act, from the gale day next preceding the passing of this Act as from which day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent, pursuant to section 20 of the Land Act, 1923, shall commence, but this section shall not alter or affect the liability of the tenant for rent and arrears of rent up to and including such gale day as aforesaid provided that this section shall not apply (a) to tenanted lands, where by reason of the extent and character of the lands the Land Commission are of opinion that the provisions of the Land Act, 1923, should not apply, or, (b) to tenanted lands vested in the Land Commission under any Act prior to the Land Act, 1923, so long as the fee-simple thereof remains vested in the Land Commission.
(2) The provisions of section 14 of the Land Act, 1923, shall apply in case of the vesting of any tenanted land by virtue of this section.
Fee Farm Grants, renewable leases, and leases for long terms.
11.—(1) The owner of a parcel of untenanted land situate in a non-congested districts county, which is held 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 may apply to the Land Commission for an order declaring that the parcel shall vest in the Land Commission on the appointed day in like manner as if the parcel were situate in a congested districts county.
(2) Where an application is made to the Land Commission for a declaration pursuant to the last preceding sub-section and it is proved to the satisfaction of the Land Commission—
(a) that the applicant is in bona fide occupation of the parcel of untenanted land and uses and cultivates the same as an ordinary farmer in accordance with proper methods of husbandry; and
(b) that the rent payable by the applicant in respect of the parcel of untenanted land is equal to or exceeds what in the opinion of the Land Commission would have been the fair rent of the lands comprised in the parcel if the same had at the passing of the Land Act, 1923, constituted a holding held by the applicant as a statutory tenant thereof subject to a third term judicial rent; and
(c) that the applicant is willing to repurchase and that the parcel should be resold to the applicant,
the Land Commission may, unless in their opinion it is required for the relief of congestion, by order declare that the parcel of untenanted land shall vest in the Land Commission on the appointed day and the provisions of the Land Act, 1923, shall apply to such parcel in like manner and with the like consequences as if the parcel were situate in a congested districts county.
(3) Where a parcel of untenanted land so held as aforesaid, whether situated in a congested districts county or not, is vested in the Land Commission on the appointed day the Judicial Commissioner in fixing the redemption price of the superior interests payable out of the purchase money of the parcel shall have regard to the price received by the vendor for the parcel, and to the amount of the arrears of rent if any due by him up to the date of the passing of this Act, as well as to the security afforded by the parcel for such superior interests. In every such case arrears of rent which shall have accrued due up to and including the first gale day in the year 1924 shall not be payable by the vendor.
Payment in lieu of rent where particulars of a holding are furnished after the date of this Act.
12.—Where the particulars prescribed by section 22 of the Land Act, 1923, in respect of a holding to which that Act applies have not been furnished to the Land Commission prior to the passing of this Act and such particulars are furnished after the passing of this Act then the provisions of section 20 of the Land Act, 1923, shall apply to the holding from the gale day next preceding the date on which such particulars are furnished to the Land Commission, from which gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923, shall commence: Provided that the rent payable by the tenant from the gale day next preceding the passing of the Land Act, 1923, shall be reduced by 25 per cent. and that nothing in this section shall alter the mutual rights and liabilities of landlord and tenant under section 19 of the said Act.
Alteration of gale days in certain cases.
13.—In any case where prior to the Land Act, 1923, it was customary for a landlord to allow payment of rent to be made on any day other than a gale day, and the Land Commission is satisfied that such custom is analogous to the custom of a hanging gale, such day shall be deemed to be the gale day for the purposes of collection and payment of compounded arrears of rent and payment in lieu of rent.
Restitution of possession in certain cases.
14.—Where, in the case of a holding to which the provisions of the Land Act, 1923, are by this Act made applicable or would have been applicable were it not for the fact that the tenant of such holding has been ejected on or after the gale day next preceding the 16th day of June, 1926, such tenant shall on payment to the landlord of two years rent or such less sum as may be due in respect of arrears of rent together with the landlord's costs of the ejectment proceedings, be entitled to be reinstated in his holding as if a writ of restitution had been applied for and obtained by him under section seventy-one of the Landlord and Tenant Act (Ireland), 1860.
Provisions for drainage maintenance rate.
15.—(1) Where a holding which comes within the provisions of sub-section (1) of section 24 of the Land Act, 1923, and which at the passing of this Act has not been vested in the Land Commission is subject to drainage maintenance rate the standard purchase annuity shall be reduced by such sum as the Land Commission shall ascertain and determine in manner hereinafter provided to be the average annual drainage maintenance rate payable in respect of the holding unless the standard purchase annuity shall have been fixed by agreement between the landlord and tenant and the liability for and incidence of such maintenance rate has been taken into account by them when fixing such standard purchase annuity.
(2) The average annual drainage maintenance rate payable in respect of the holding shall be ascertained by taking for each of the last ten years preceding the passing of this Act in which a drainage maintenance rate was levied by the drainage trustees of the arterial drainage district in which the holding is situate the decimal proportion, applicable to the holding, of the total drainage maintenance rate levied for such year: Provided that if ten rates have not been struck during the period of twenty years next preceding the passing of this Act the average annual drainage maintenance rate shall be ascertained and determined by the Land Commission in such other manner as they may think fit.
(3) It shall be the duty of the Commissioners of Public Works and of drainage trustees of arterial drainage districts by their secretary or other proper officer to furnish at the request of the Land Commission the decimal proportion and total drainage maintenance rate aforesaid respectively and such further information as the Land Commission may require to enable them to carry out their duties under this section.
Amendment of section 26 of the Land Act, 1923.
16.—Sub-section (1) (c) of section 26 of the Land Act, 1923, shall be amended to read as follows:—
If portion of the holding is in the occupation of the tenant and the remainder is in the occupation of one or more sub-tenants, the portion in the occupation of the tenant shall be treated as a separate holding held at such an apportioned part of the rent payable in respect of the entire holding as may be determined by the Land Commission (other than the Judicial Commissioner) and the tenant shall be treated as tenant thereof, and so much of the remainder of the holding as is in the occupation of any sub-tenant shall be treated as a separate holding held at the rent payable in respect of the sub-tenancy, and the sub-tenant shall be treated as the tenant thereof.
Provisions as to vesting holdings in tenants and registration of ownership.
17.—(1) A holding of tenanted land vested in the Land Commission by virtue of the Land Act, 1923, to which holding section 28 of the said Act applies shall by virtue of this Act pass on the appointed day from the Land Commission to, and vest in the tenant of such holding or, if he be then dead, in his personal representatives as if an order had been made under the Land Purchase Acts in pursuance of the subsequent purchase agreement deemed by the said section to have been entered into by such tenant vesting the holding in the tenant subject to the standard purchase annuity for the holding and the additional annuity (if any) in respect of compounded arrears of rent added to the purchase money, and to an additional sum equivalent to a proportion of the said annuities in respect of the period between the gale day on which the first instalment of the said annuities shall become payable and the day on which the next dividends are payable on land bonds; and to any sum that may be due to the Land Commission by the tenant in respect of payment in lieu of rent.
(2) A final list published in pursuance of sub-section (4) of section 40 of the Land Act, 1923, comprising any holding to which section 28 of that Act applies shall specify separately each such holding, stating the name of the person appearing to the Land Commission to be in occupation thereof as tenant, or nominated by the Land Commission under section 67 of the said Act to represent the tenant, and such other particulars concerning the holding as may be necessary for the purposes of registration under the Local Registration of Title (Ireland) Act, 1891. The Land Commission shall furnish to the Registrar of Titles a copy of such final list, together with a map showing any holding therein comprised to which the said section 28 applies, and the registrar may thereupon register the person named in the final list as appearing to the Land Commission to be in occupation of the holding as tenant, or nominated by the Land Commission to represent the tenant, as the case may be, as the owner of the holding, subject as is mentioned in sub-section (1) of this section and subject to any rights or equities arising from the interest therein vested by virtue of this Act being a graft upon the previous interest of the tenant in the holding or arising in any other manner from the existence of such previous interest, and otherwise as is by the Local Registration of Title (Ireland) Act, 1891, and the Acts amending the same provided.
(3) An error in a final list may be corrected by the Land Commission but no correction shall be made after the appointed day except by order of the Judicial Commissioner, and only in so far, and upon such terms, if any, as may appear just having regard to the interests that may be thereby affected.
(4) Every holding vested in the tenant thereof on the appointed day pursuant to the provisions of this section shall be deemed to be registered land within the meaning of section 19 (1) of the Local Registration of Title (Ireland) Act, 1891, and subject to the provisions of that Act as from the beginning of that day. The holding shall accordingly be exempt from the provisions of the Acts relating to the Registry of Deeds as from the beginning of the appointed day, and registration thereof shall be completed in the Land Registry as of that day, and all deeds or documents dealing therewith shall on and after that day be lodged in the Land Registry.
(5) The memorial of the registration required to be given to the Registrar of Deeds by sub-section (4) of section 19 of the Local Registration of Title (Ireland) Act, 1891, shall be a copy of the final list.
(6) Sub-section (4) of section 28 of the Land Act, 1923, is hereby repealed.
(7) Where a holding or part of a holding of tenanted land not exceeding two statute acres to which the provisions of this section apply has been acquired by the Commissioners of Public Works for the purposes of the public services and the Commissioners certify to the Land Commission before the appointed day that the holding or part of the holding has been purchased by them for a sum not exceeding one hundred pounds from the tenant in occupation thereof, then the holding or part of the holding shall vest in the Commissioners under this section free from all rights and equities arising from the previous interest of the tenant therein referred to in section 8 of the Purchase of Land (Ireland) Act, 1885, and the person to whom the Commissioners shall have paid the purchase money shall be a trustee thereof for the persons beneficially entitled thereto.
Provisions as to arrears of rates.
18.—(1) In any case where untenanted lands become vested in the Land Commission under the provisions of the Land Act, 1923, all poor rates and other rates made or assessed in respect of such lands for the financial year current on the appointed day shall be apportioned up to that day such rates to be considered as accruing from day to day for the purpose of this provision, and the Land Commission or any persons in occupation of the lands as allottees or purchasers from them shall be liable only for the portion thereof apportioned in respect of the period between the appointed day and the end of the current financial year but shall not be liable for arrears of rates made or assessed in respect of the lands for the then current or any previous financial year.
(2) In every such case the owner or occupier of the lands prior to the appointed day shall be liable for the portion only of the rates made or assessed for the current financial year apportioned in respect of the period between the beginning of that year and the appointed day.
(3) The portions of any rates which shall become payable under the provisions of this section shall and may be collected and levied and sued for and recovered by such and the same ways and means from the person liable therefor under this section as the entire rate might have been collected, levied, sued for and recovered if this section had not been passed.
(4) In every such case where the interest on the purchase money is not available for the payment of the difference between the amount for which the Land Commission or any persons in occupation of the land as allottees or purchasers from them are made liable by sub-section (1) of this section and the total amount which would but for the provisions of the said sub-section have been legally recoverable from them in respect of rates and arrears of rates if proceedings for the recovery thereof had been instituted against them on the appointed day, there may be paid out of the purchase money in priority to all other claims affecting the same a sum not exceeding the amount of such difference. Every such payment shall be made by the transfer of land bonds equal in nominal value to the sum made payable by this sub-section and such payment shall be deemed to be satisfaction to the extent of the amount of the nominal value of the land bonds so transferred.
(5) In every case where a holding or part of a holding is resumed by the Land Commission in pursuance of their powers in that behalf, the provisions of the foregoing sub-sections shall apply with the substitution of “the day on which the Land Commission enter into occupation” for “the appointed day.”
(6) All land bonds transferred under this section in discharge of rates shall be forthwith sold by the rating authority to which the same shall have been transferred and the proceeds thereof paid into the appropriate fund to be applied to the like purposes as the rates and arrears of rates, in respect of which the land bonds were transferred, would have been applied if paid to the rating authority in cash.
Order for possession of lands vested in the Land Commission.
19.—(1) Where the Land Commission are entitled to enter upon and take possession of lands vested in them either before or after the passing of this Act and any person wrongfully neglects or refuses to give up possession thereof or hinders the Land Commission from entering upon or taking possession of the same or any part thereof, it shall be lawful for the Judicial Commissioner to issue an order to the under-sheriff to deliver possession of the same to the person nominated in such order, and upon receipt of such order the under-sheriff shall deliver possession of such lands accordingly and the Land Commission shall be entitled to recover from the person in default all costs and expenses incurred by them in connection with the issuing and execution of such order.
(2) An order for possession issued under this section shall be deemed to be an execution order within the meaning of the Enforcement of Court Orders Act, 1926.
Repair of embankments, etc.
20.—Where prior to the declaration of the appointed day for any lands, the landlord or, in the case of untenanted land, the owner thereof is or has been liable for the cleansing or maintenance in whole or in part of any watercourse, drain, embankment, or other work, either alone or in conjunction with other persons and whether under the terms of a contract of tenancy or otherwise, and has neglected to clean or maintain or to contribute to the cleansing or maintenance of the said work, so as to render necessary an expenditure of money on its cleansing, repair, or restoration, the Land Commission may, either before or after the appointed day, apply to the Judicial Commissioner for an order declaring them entitled to have transferred to them on the allocation of the purchase money such amount of land bonds as they shall certify to be required in order to recoup them for the expenditure made or proposed to be made by them in cleansing, repairing, or restoring such work; and if the Judicial Commissioner is satisfied that the landlord, or owner, either alone or in conjunction with other persons is or was so liable as aforesaid, and that the expenditure so made, or proposed to be made, by the Land Commission has been or is rendered necessary by such neglect, he may order that on the allocation of the purchase money such sum in land bonds as he may consider reasonable, having regard to all the circumstances of the case, but not exceeding the amount of the purchase money arising from the lands which the Land Commission certify will be substantially benefited by such expenditure, shall be transferred to the Land Commission out of the land bonds representing the purchase money.
Transfer of the maintenance of embankments to county councils.
21.—(1) The Land Commission with the concurrence of the Minister for Local Government and Public Health may if they deem it expedient so to do by order require a county council to undertake the cleansing or maintenance, but not including reconstruction, of any watercourse, drain, embankment or other similar work situate in their county, in respect of which a capital sum has before the passing of this Act been transferred by the Land Commission to the Public Trustee to be held and applied in accordance with any deed of trust or any scheme framed by the Land Commission or is hereafter transferred pursuant to the provisions of sub-sections (1) and (2) of section 44 of the Land Act, 1923, or in respect of which a capital sum retained and administered by the Land Commission shall hereafter be transferred to the Public Trustee to be held and applied in accordance with a scheme framed under this section and shall by the same or a subsequent order appoint the county council trustees of the deed of trust or scheme in place of the trustees thereof and the deed of trust or scheme shall be varied so far as necessary, or framed so as to provide for the application of the income of the capital sum in or towards the reimbursement to the county council of the expenditure properly and necessarily incurred in such cleansing or maintenance.
(2) A county council required under this section to undertake the cleansing or maintenance of any watercourse, drain, embankment or other work, shall have in relation thereto the like power of entry and of taking soil and materials and of doing necessary things as is conferred on the Land Commission by sub-section (4) of section 44 of the Land Act, 1923.
(3) The expenditure incurred by a county council under this section in the cleansing or maintenance of any watercourse, drain, embankment or other work shall be defrayed in the first instance out of the county fund and shall be raised by means of the poor rate as a county-at-large charge. Such expenditure shall be reimbursed in whole or in part out of income available under any deed of trust or scheme as aforesaid relating to the work on which such expenditure has been incurred and, in so far as such income shall prove insufficient, shall be reimbursed by means of an improvement rate assessed on the rated occupiers of the lands stated in an award made by the Land Commission to have been benefited by the work so cleansed or maintained in the proportions in which such lands are stated in such award to be liable to contribute to the improvement rate, which rate shall be made and shall be leviable payable and recoverable in like manner as if it were a drainage rate made under section 21 of the Arterial Drainage Act, 1925.
(4) Nothing in this section contained shall be taken to affect the powers of the Land Commission under section 44 of the Land Act, 1923, with respect to the reconstruction of any watercourse, drain, embankment or other work the cleansing or maintenance of which a county council has been required to undertake in pursuance of this section.
Provisions with respect to improvements.
22.—(1) The powers conferred on the Land Commission by any of the Land Purchase Acts to expend moneys for the improvement of lands may be exercised at any time for the improvement of lands which have been sold or are subject to an agreement for sale under any Land Purchase Act or which were vested in the Land Commission under the Land Law (Commission) Act, 1923.
(2) In the absence of agreement between the Land Commission and the purchaser, so much of the money so expended as the Land Commission shall certify in that behalf, shall be repayable by means of an annuity or annuities charged upon any land, which the Land Commission certify to have been benefited by such expenditure, as if the said sum had been advanced for the purchase of the land in pursuance of a subsequent purchase agreement under the Land Act, 1923, the said annuity to be consolidated so far as circumstances permit with any existing Land Purchase Annuity to which the land is subject.
(3) No such expenditure, unless previously sanctioned, shall be made by the Land Commission by way of free grant after the lands to be improved have been vested in a purchaser save with the approval of the Minister for Finance.
Notice to owners of land after inspection.
23.—When the Land Commission have caused lands to be inspected in order to ascertain such particulars thereof as may be required for the purposes of the Land Purchase Acts, they shall, after considering the reports of their inspectors and within such time as may be prescribed, notify the decision come to by them to the person who appears to be the owner of the lands.
Power to Land Commission to discontinue proceedings.
24.—Where the Land Commission shall have declared that untenanted land situate outside a congested districts county is required for the purpose of relieving congestion or of facilitating the resale of tenanted land, or that any land wherever situate which was excluded from the operation of sub-section (1) of section 24 of the Land Act, 1923, by sub-section (2) of that section is required for the purpose of relieving congestion, or shall have commenced proceedings to resume the whole or part of a retained holding, and at any time after the passing of this Act the price or compensation has been fixed by the Judicial Commissioner, the Land Commission, if they consider that the price fixed is such as to make the purchase of the land or the resumption of the holding or part thereof inexpedient, may, on serving notice within such time as may be prescribed, withdraw from the purchase or resumption on such terms as to costs as the Judicial Commissioner may determine: Provided that if the owner shall within fourteen days after the service of such notice serve notice on the Land Commission of objection to the withdrawal stating the grounds of such objection and that the Judicial Commissioner shall consider the objection reasonable then the notice of withdrawal shall become void and of no effect. Where the Land Commission have withdrawn from the purchase or resumption, then such untenanted land or holding shall not for a period of seven years thereafter be acquired or resumed by the Land Commission with out the consent of the owner or tenant thereof.
Power to Land Commission to refuse advances in certain cases and fix Standard Purchase Annuity.
25.—Where the landlord and tenant of a holding to which Part II of the First Schedule to the Land Act, 1923, applies, have agreed on a Standard Purchase Annuity for it of such an amount that the Land Commission are not satisfied that the holding is security therefor the Land Commission on serving notice on the parties in the prescribed manner may make an order refusing to advance the purchase money for the holding and may thereupon fix the Standard Purchase Annuity of the holding in manner provided under the Land Act, 1923, in cases where there had been no agreement between the landlord and tenant.
Grouping of parcels for resale.
26.—On the resale of untenanted lands the Land Commission, if they deem it expedient, may declare that two or more parcels of untenanted lands purchased by them under the Land Purchase Acts shall be grouped together and deemed to form one estate for the purpose of resale and disposal of the purchase annuities arising thereon, notwithstanding that such parcels may have been purchased from different owners and vested at different times.
Provision for loss on resales.
27.—Where the price fixed for untenanted land situated in a congested districts county is such that the resale thereof cannot be effected without loss or where a parcel or a group of parcels of untenanted land or the whole or part of a retained holding, which the Land Commission have deemed it expedient to acquire or resume, can only be resold at a loss, then interest at the rate of 4½ per cent. per annum and sinking fund at the rate of one quarter of one per cent. per annum upon so much of the purchase money as the Land Commission shall certify each half-year represents the difference between the total amount of the advances made for the purchase of the lands and the total prices paid or agreed to be paid by purchasers of the lands from the Land Commission, shall subject to the approval of the Minister for Finance be paid to the Land Commission out of moneys to be provided by the Oireachtas.
Provision for the recovery of arrears of purchase annuities and other payments due to the Land Commission from the occupier of lands.
28.—(1) All moneys payable to the Land Commission in respect of any lands shall be recoverable from the person in actual occupation of the lands at the time when proceedings for the recovery thereof are commenced as a personal liability of such occupier notwithstanding that the whole or part of such arrears may have accrued due before such person went into occupation of the lands.
(2) Nothing hereinbefore contained shall have the effect of relieving any other person from liability in respect of any such arrears and, as between successive owners or occupiers of the lands, all moneys paid by or recovered from an occupier in respect of arrears caused by the default of a former owner or occupier shall be recoverable by the occupier who has paid the same, or from whom the same has been recovered, as a debt due to him by the owner or occupier in default.
(3) Compounded arrears of rent and payment in lieu of rent shall be and shall be deemed to have been a charge on the holding in respect of which they are payable, having priority over all existing interests and incumbrances affecting the tenancy created either before or after the passing of this Act.
(4) The remedies given by this section to the Land Commission shall be in addition to and not in derogation of any other remedies that they already have for the recovery of any such arrears as aforesaid.
(5) A certificate purporting to be under the common seal of the Land Commission shall be evidence that every sum stated therein to be due to them is so due, and is payable by the person or persons named in such certificate as being liable therefor.
Provisions making the proceeds of lettings available to satisfy claims of the Land Commission.
29.—Where after the passing of this Act lands, in respect of which purchase annuities, rents, interest in lieu of rent, interest on purchase money, compounded arrears of rent or payments in lieu of rent are payable to the Land Commission, are let in conacre or otherwise by or on behalf of the proprietor or tenant, the annuities, rents, interest in lieu of rent, interest on purchase money, compounded arrears of rent and payment in lieu of rent, so payable as a foresaid, shall be a first charge on the proceeds of such lettings, and it shall be the duty of the person receiving such proceeds, after deducting his proper and necessary fees and expenses to apply the proceeds so far as required, in satisfaction of the claim of the Land Commission for moneys due to them on account of the said payments. All moneys so due to the Land Commission and not properly accounted for shall be recoverable by the Land Commission from the person who has received the proceeds of such lettings as a debt due by him to the State: Provided that nothing in this section shall affect the right of the Land Commission to exercise any other powers that they have for the recovery of the balance of any debt not recovered under the provisions of this section.
Judgments and decrees to be in force for six years.
30.—Every judgment order or decree recovered by the Land Commission either before or after the passing of this Act in preceedings in any court shall have full force and effect for six years from the date of such judgment order or decree notwithstanding that a period of more than one year from that date may have elapsed.
Provisions as to execution of orders at the suit of the Land Commission.
31.—(1) It shall be the duty of every under-sheriff with whom an execution order at the suit of the Land Commission, other than an order for delivery of possession of lands or premises, has been lodged to forthwith execute the same by seizure and sale so far as may be necessary of the goods, animals, or other chattels found in the house or other place of residence or on the lands of the debtor notwithstanding any claim or allegation on the part of the debtor or any other person that any such goods, animals, or other chattels are not the property of the debtor.
(2) No action shall lie against any under-sheriff for or on account of his having taken in execution under any execution order at the suit of the Land Commission, any goods, animals, or other chattels found in the house or other place of residence or on the lands of the debtor and claimed or alleged (whether such claim or allegation does or does not prove to have been well founded) to be the property of any person other than the debtor, and, in lieu of such action against the under-sheriff, the person to whom such goods, animals, or other chattels, so taken in execution in fact belonged shall (if such goods, animals, or other chattels, should prove not to have been the property of the debtor) be entitled to recover from the debtor by action the value of such goods, animals, and other chattels, together with such damages as such person shall have suffered by reason of such goods, animals, or other chattels having been so taken in execution.
Provisions as to the sale of holdings by the Land Commission by private contract.
32.—Where the Land Commission is entitled to cause a holding to be sold, they may, if they deem it expedient, and whether the holding is situated in a congested district or not, sell it by private contract, either as one holding or in lots, at such price or prices as the Commissioners, other than the Judicial Commissioner, shall consider to represent the selling value having regard to the conditions of the district in which the holding is situate, and all the circumstances of the case. The certificate of the Land Commission that the price realised on any such sale is adequate shall be binding and conclusive on all parties.
Notice of intended sales.
33.—Notice of every intended sale by the Land Commission, either by public auction or by private contract, of a holding which they are entitled to cause to be sold in exercise of a power conferred by any Act shall be published in the Iris Oifigiúil, a leading Dublin daily paper, and if there be a local paper, such local paper, at least ten days before the sale, and the Land Commission shall at least ten days before the sale transmit a copy of the said notice to the person who appears to them to be the owner, or the tenant of the holding, by registered post addressed to him at the holding and also to every person appearing from the folio (if any) in the Land Registry relating to the holding to have any charge, claim or interest on or in the holding, at the addresses mentioned in the folio.
Lands held by local authority on lease under the Labourers (Ireland) Acts, 1883 to 1919.
34.—Every parcel of land taken on lease under the Labourers (Ireland) Acts, 1883 to 1919 (which at the time the same was taken was agricultural or pastoral or partly agricultural and partly pastoral) shall, if held by a local authority under such lease, vest in the Land Commission on the appointed day in like manner and with the like consequences as if the parcel were tenanted land in the occupation of the local authority as tenant from year to year to the person entitled to the reversion expectant on the determination of such lease, the rent payable by the local authority to be deemed to be a judicial rent fixed after the 15th day of August, 1911.
Exemption of lands, etc., from liability for debts.
35.—No parcel of land purchased by an evicted tenant under the Land Purchase Acts, and no farming stock or other chattels provided for an evicted tenant by means of a grant or loan under the Land Purchase Acts, shall be made available in any bankruptcy or by any other process or proceeding of law to pay, satisfy or discharge, in whole or in part, any debt contracted by or incurred by such evicted tenant prior to the date on which the parcel of land became vested in him other than a debt due to the Land Commission.
Effect of compulsory sale of a tenant's interest in a holding.
36.—Where the Land Commission have put up for sale the tenancy in a holding which they are entitled to cause to be sold the holding shall be sold subject to the statutory liabilities of the tenant in respect of the holding, the interests of sub-tenants (if any), and to any charge under any Public Works Acts, but discharged from all other claims or incumbrances of all persons whomsoever against such interest and all such claims shall as from the date of the sale cease as against the holding and attach to the purchase money in like manner as immediately before the date of the sale they attached to the holding.
Order for possession of holdings which are liable to be sold by the Land Commission.
37.—(1) Where the Land Commission have at any time whether before or after the passing of this Act put up for sale by public auction a holding which they are entitled to cause to be sold and the holding has not been sold, the Judicial Commissioner may issue an order under this section directing the undersheriff to put the Land Commission into possession of the holding and the order shall when delivered to the under-sheriff be executed by him in like manner as a writ for delivery of possession. Upon the execution of the order by the under-sheriff the holding shall vest in the Land Commission without any conveyance or further order subject to the purchase annuity (if any) charged thereon and to any charge under the Public Works Acts, but discharged from all other claims or incumbrances of all persons whomsoever who are interested in the holding.
(2) In every such case where the holding has been put up for sale by reason of the non-payment of an annuity the Judicial Commissioner shall on making such order as aforesaid ascertain and determine the amount due to the Land Commission in respect of the holding, including their expenses in relation to the attempted sale thereof, and if within the time limited by such order the amount so found due together with the costs of and incidental to the obtaining of such order shall be paid to the Land Commission, the Judicial Commissioner shall direct that the order shall not be delivered to the under-sheriff for execution, and shall make such other order in the matter as the justice of the case may require.
(3) An order for possession issued under this section shall be deemed to be an execution order within the meaning of the Enforcement of Court Orders Act, 1926.
Purchase of lands by county councils.
38.—(1) Where the Land Commission have put up for sale by public auction any lands which they are entitled to cause to be sold for non-payment of a purchase annuity charged thereon and the lands have not been sold, they may offer the lands to the council of the county in which they are situate, and in every such case it shall be lawful for the county council, with the concurrence of the Minister for Local Government and Public Health, if he approves of the purpose for which the lands are being acquired, to purchase the lands from the Land Commission upon such terms as may be agreed upon notwithstanding that the lands are not required by them for the purpose of any of their statutory powers or duties.
(2) Any lands purchased by a county council under this section shall, so long as the council continues to hold the same, be administered in accordance with a scheme prepared by the county council and confirmed by the Minister for Local Government and Public Health who may confirm the same with or without modifications, and shall unless the said Minister otherwise directs be sold subject to the approval of the said Minister, within a period of five years from the purchase thereof by them or within such extended period as the said Minister may authorise.
(3) The proceeds of the sale of any lands under the foregoing sub-section shall be applied in repayment of any moneys borrowed and outstanding in respect of the said lands and if no such moneys are outstanding shall be carried to the credit of the rate or fund out of which the expenses of the county council in respect of the lands are defrayed.
(4) Any expenses incurred by a county council under this section shall be raised by means of the poor rate as a county-at-large charge, or as a separate charge off such area less than the county as the county council shall with the approval of the Minister for Local Government and Public Health determine.
(5) For the purposes of this section a county council may borrow money under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in like manner as if these purposes were mentioned in the said Article.
Labourers cottages.
39.—(1) Notwithstanding anything contained in section 7 of the Labourers (Ireland) Act, 1896, any local authority in whom is vested any cottage erected or acquired under the Labourers (Ireland) Acts, 1883 to 1919, which has ceased to be required for the purposes of those Acts, may, with the sanction of the Minister for Local Government and Public Health and subject to such conditions as he may prescribe, sell such cottage together with the land attached thereto to the Land Commission for a price payable in 4½ per cent. Land Bonds.
(2) The annual income from the Land Bonds or, if such Bonds are sold with the consent of the Minister for Local Government and Public Health, or are redeemed, then the capital sum arising from such sale or redemption shall be applied towards the repayment of any moneys borrowed and outstanding in respect of the improvement scheme in pursuance of which such cottage with any land attached thereto was provided, and if no such moneys are outstanding the annual income or the proceeds of sale or redemption of Land Bonds, as the case may be, shall be carried to the credit of the rate or fund out of which expenses under the Labourers (Ireland) Acts are defrayed.
Turbary rights.
40.—(1) The vesting of a holding in a tenant pursuant to a subsequent purchase agreement under the Land Act, 1923, shall not have the effect of transferring to the tenant any turbary rights to the enjoyment of which he was not entitled prior to such vesting, and all turbary rights which were vested in the landlord prior to the appointed day shall remain vested in the Land Commission.
(2) Where any such turbary rights so reserved to the Land Commission are subsequently let or sold by them, the Land Commission other than the Judicial Commissioner or the Judicial Commissioner on appeal from the Land Commission shall award such compensation in Land Bonds or otherwise, as in their discretion may appear to them reasonable and just, to the person who would have been entitled to such turbary rights if the holding had not become vested in the Land Commission.
(3) Regulations made by the Minister for Finance may provide for the issue to the Land Commission, in cases where they have sold such turbary rights in consideration of an annuity or annuities, of Land Bonds to such extent as may be required for the purposes of making any payments in pursuance of the foregoing sub-section.
(4) Regulations made by the Land Commission with respect to turbary remaining vested in them under this section may, if they think fit, provide for the payment by the persons authorised by them to cut turf on a holding under such regulations to the purchaser of the holding of such sums by way of turbary rents as the Land Commission may deem reasonable.
Provisions as to fishing rights.
41.—Regulations made by the Minister for Lands and Agriculture may provide for the sale by the Land Commission to tenant purchasers of fishing rights in any rivers or waters adjoining or intersecting the holdings purchased by them at such price repayable by means of purchase annuities as the Land Commission may consider reasonable, such annuities to be consolidated with the standard purchase annuities of the holdings.
Power to the Land Commission to purchase and resell lands in certain cases.
42.—(1) Where lands have been at any time within ten years before the passing of this Act purchased by or for the use of tenants or owners of uneconomic holdings, landless men or other suitable persons and the Land Commission consider that the purchase and resale of the lands is desirable in view of the wants and circumstances of the persons by or for whose benefit the lands had been purchased and are of opinion that undertakings can be obtained from such persons or others to purchase the lands at prices and on terms and conditions approved of by them, then the Land Commission may purchase the lands for a price payable in 4½ per cent. Land Bonds, which in any case shall not, without their consent in writing, be less than the amount, if any, remaining due and payable to the persons mentioned in sub-section (2) of this section in respect of any principal sum or sums of money which may have been lent or secured by them, together with all interest which shall have accrued thereon since the date of the loan, or, subject as aforesaid, to be agreed on with the consent of the Minister for Finance notwithstanding that such price cannot be recovered on the resale of the lands, and may resell the whole or any portion of the lands to such persons as if they were persons to whom advances might be made for the purchase of a parcel of land under the Land Act, 1923.
(2) The purchase money arising from any such purchase by the Land Commission shall be distributed by the Judicial Commissioner in such manner as the justice of the case may require, having regard to the claims of all persons who may have lent or secured the loan of money, or any part thereof paid or agreed to be paid when the lands were purchased by or for the use of any such persons as aforesaid, and all such claims whether they were previously charged on the lands or not shall be payable in Land Bonds of equal nominal value as if they were claims attaching to the purchase money of lands sold under the Land Purchase Acts and the provisions of section 4 of the Land Bond Act, 1925, shall apply accordingly.
(3) The provisions of section 14 of the Land Act, 1923, shall apply, where necessary, to a purchase under this section.
(4) From the date of the purchase of the lands by the Land Commission interest at the rate of 4½ per cent. per annum and sinking fund at the rate of one-quarter of one per cent. per annum upon so much of the purchase money as the Land Commission shall certify each half year represents the difference between the total amount of the advance made for the purchase of the lands and the total prices paid or agreed to be paid by purchasers of the lands from the Land Commission shall, subject to the approval of the Minister for Finance, be paid to the Land Commission out of moneys to be provided by the Oireachtas.
Provisions for resale of lands vested under Part III. of the Land Act, 1923.
43.—(1) The power given to the Land Commission by sub-section (2) of section 55 of the Land Act, 1923, to retain lands vested in them under Part III. of that Act may be exercised by them in any case where lands are so vested in them either before or after the passing of this Act notwithstanding that the conditions in sub-section (1) of the said section may have been fulfilled.
(2) In making advances to persons or bodies for the purchase by them of parcels of land retained by the Land Commission under sub-section (2) of section 55 of the Land Act, 1923, as amended by this section, the Land Commission may have regard to and give applicants credit for any sums previously paid by them to or on behalf of the society or body of trustees for the purchase of the lands.
(3) In deciding as to the suitability of applicants for the purchase of parcels of land so retained, the Land Commission may in any case if it seems equitable and expedient so to do make it a condition of the purchase agreement of any such applicant that the parcel shall not be vested in him until he lodges with the Land Commission such sum of money as they may consider properly payable by him in respect of contributions towards deposit, interest on purchase money, rent, purchase annuity or otherwise.
Recovery of debts due by or to societies or bodies of Trustees.
44.—(1) The vesting of lands in the Land Commission under Part III. of the Land Act, 1923, shall have and shall be deemed always to have had the effect of vesting in them the right to recover as a debt due to the State and receive any debt or other thing in action due or belonging to the society or body of trustees in respect of the lands so vested.
(2) It shall be the duty of every society or body of trustees when so required by the Land Commission to furnish an account of all debts and things in action due or belonging to them and of all sums received by them in respect of purchase money, deposit, rent, interest, the annual sums payable under section 54 of the Land Act, 1923, or other contributions towards the purchase or management of lands so vested in the Land Commission and it shall also be the duty of every person who has received any money on behalf of a society or body of trustees or any other persons in relation to lands so vested, when so required by the Land Commission to furnish an account of all moneys so received by him.
(3) All moneys found to have been so received by any society or body of trustees or other persons, and not properly accounted for, shall be recoverable by the Land Commission as a debt due to the State.
Repayment of the deposit.
45.—(1) It shall be lawful for any person who has contributed any portion of the deposit lodged with the Land Commission pursuant to section 52 of the Land Act, 1923, and for any person claiming through or under such contributor, to apply to the Land Commission within the prescribed time and in the prescribed manner for repayment of the amount so contributed; and if the Land Commission are satisfied that the said contribution or any part thereof should be repaid, an order shall be made for the sale of so much of the security in which such deposit is invested as represents the said contribution or part thereof, as the case may be, and for the payment of the proceeds of such sale, together with the proportion of interest received by the Land Commission from the investment of the deposit or such part thereof so sold, to the claimant or claimants or such other persons as may be found to be entitled to receive the same.
(2) Section 53 of the Land Act, 1923 is hereby repealed.
Provisions for repayment of advances.
46.—Where the Land Commission are satisfied that lands vested in them under Part III. of the Land Act, 1923, cannot be resold at the price ascertained under section 52 of the said Act and so certify to the Minister for Finance, they shall forthwith exercise the powers given them under sub-section (2) of section 55 of that Act as amended by this Act, and make the declaration prescribed therein, and thereupon the following provisions shall apply to the lands comprised in the declaration:—
(a) so much of the arrears, if any, of the annual sum payable by the society or body of trustees under section 54 of the Land Act, 1923, due up to the date of the declaration, as the Land Commission shall certify to the Minister for Finance should not be a charge upon the lands shall subject to the approval of the Minister for Finance be paid to the Land Commission out of the moneys to be provided by the Oireachtas;
(b) from the date of the declaration interest at the rate of 4½ per cent. per annum and sinking fund at the rate of one quarter of one per cent. per annum upon so much of the purchase money as the Land Commission shall certify each half-year should not be a charge on the lands shall subject to the approval of the Minister for Finance be paid to the Land Commission out of moneys to be provided by the Oireachtas.
Land Act, 1923 (Part III.) Fund to be opened in the Land Commission books.
47.—(1) All moneys received by the Land Commission under the provisions of Part III. of the Land Act, 1923, as amended by this Act, other than moneys payable into the Land Bond Fund, and such portions of the deposits as may be applied under this Act in satisfaction of the claims of contributors or persons claiming through them, shall be paid into the credit of an account to be opened in the books of the Irish Land Commission and to be called the Land Act, 1923 (Part III.) Fund, and shall be disposed of by the Land Commission under the direction of the Minister for Finance in discharge of claims allowed under sub-section (2) of this section, in payment of arrears of purchase annuities due for advances made under Part III. of the Land Act, 1923, in redemption of the annuities, or otherwise for the improvement of the lands so vested.
(2) All persons having claims against any moneys paid into the said fund shall furnish particulars of their claims within the prescribed time and in the prescribed manner and if the Land Commission is satisfied that any claim should be allowed they shall make such payment out of the fund to the claimant as the justice of the case may require.
Provisions as to rent charges under the Shannon Electricity Act, 1925.
48.—(1) Where any land subject to a rent charge created under section 14 of the Shannon Electricity Act, 1925, is sold under the Land Purchase Acts the rent charge shall not be redeemed out of the purchase money of the land on the sale thereof under the said Acts, but such land shall continue to be subject thereto notwithstanding any provision of the Land Purchase Acts or a Vesting Order made thereunder.
(2) An annuity charged on any lands in respect of any advance made under the Land Purchase Acts whether before or after the passing of the Shannon Electricity Act, 1925, shall have priority over any rent charge on the same lands created at any time under section 14 of the said Act.
Amendment of section 58 of the Land Act, 1923.
49.—Sub-section (6) of section 58 of the Land Act, 1923, shall be construed and have effect and shall be deemed always to have had effect as if there were inserted therein a reference to sub-section (3) of section 32 of the Land Law (Ireland) Act, 1896, in lieu of the reference contained therein to sub-section (3) of section 2 of that Act.
Payments to personal representatives of agents.
50.—Any sum which might be paid to an agent under sub-section (8) of section 40 of the Land Act, 1923, may in the event of his death before the allocation of the purchase money and whether the death occurred before or after the appointed day be paid to his personal representative, and the consent of the owner to the payment to such agent shall be sufficient to entitle the personal representative to receive such sum as may be sanctioned by the Land Commission.
Registration to be compulsory in certain cases.
51.—Registration under the Local Registration of Title (Ireland) Act, 1891, of the ownership of freehold land shall be compulsory in the following cases, that is to say:—
(a) where the land has been at any time sold and conveyed to or vested in a purchaser under any of the provisions of the Purchase of Land (Ireland) Acts and the purchase annuity has been redeemed before first registration;
(b) where the land has been or is vested by the Land Commission in a purchaser for cash; and
(c) where any rent formerly issuing out of the land has been or is redeemed under section 38 of the Land Act, 1923;
and the provisions of the Local Registration of Title (Ireland) Act, 1891, relating to freehold lands, the registration of the ownership of which is by that Act declared to be compulsory, shall apply to such cases when registered.
Rules as to registration of lands with a qualified or possessory title.
52.—Rules made pursuant to sub-section (5) of section 58 of the Land Act, 1923, may prescribe such method of registration and make such adaptation or modifications of any enactment relating to registration as may be required for the purpose of carrying into effect the object of the said section.
Vesting of holdings of tenants of the Land Commission.
53.—(1) If the tenant of any holding on an estate purchased by the Congested Districts Board refuses to enter into an agreement for the purchase of the holding, or of a new holding offered to him in exchange for the holding, upon the terms offered by the Land Commission and at the price which they are prepared to advance, then, notwithstanding that the tenants on the estate to the extent of three-fourths in number and rateable value may not have agreed to purchase their respective holdings, the Land Commission (other than the Judicial Commissioner) may, after serving notice upon the tenant and considering any objections made by him, make an order declaring him to be the purchaser of the holding or of the new holding, as the case may be, for such price and upon such terms and conditions as may be specified in the order, and the tenant shall thereupon be deemed to have entered into a Purchase Agreement on the date named in the order for the purchase of the holding, or for the surrender of the holding and for the purchase of the new holding offered to him in exchange, as the case may be, for the price, and upon the terms and conditions so specified, and the purchase shall be completed accordingly and the provisions of sub-sections (2), (3) and (5) of section 23 of the Irish Land Act, 1909, shall apply to an exchange of holdings effected by an order under this section.
(2) An appeal shall lie from any order under this section to the Judicial Commissioner who shall have power to reverse or confirm the order or to make any order which might have been made by the Land Commission.
Amendment of section 65 (2) of the Land Act, 1923.
54.—Sub-section (2) of section 65 of the Land Act, 1923, shall be amended to read as follows:—
(2) (a) In the case of any holding which is subject to any charges in respect of an annuity in favour of the Board of Works created in pursuance of the Landlord and Tenant (Ireland) Act, 1870, so much of the 44th and 45th sections of the Act as prohibits, without the consent of the Board, the alienation, assignment, sub-division or sub-letting of a holding charged as in the said sections mentioned and declares that, in the event of such prohibition being contravened, the holding shall be forfeited to the Board, and also so much of section 2 of the Landlord and Tenant (Ireland) Act, 1872, as relates to the sale of holdings in lieu of forfeiture, shall be repealed. During such time as any part of the annuity charged on such holding remains unpaid the proprietor shall not sub-divide or let the holding without the consent of the Commissioners of Public Works, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons, and on any such contravention the Commissioners may, at their option, declare that the holding do vest in themselves, or they may cause it to be sold by public auction, due notice being given by them of the time, place, terms and conditions of such sale, and the Land Commission shall on the application of the Commissioners issue an order to the under-sheriff to put the purchaser into possession of the holding or any part thereof so sold, and such order shall when delivered to the under-sheriff be executed by him in like manner as a writ for delivery of possession. An order for possession issued under this section shall be deemed to be an execution order within the meaning of the Enforcement of Court Orders Act, 1926.
(b) The proceeds derived from every such sale shall in the first instance be applied by the Commissioners in payment of any moneys due on foot of the annuity, and in redemption of so much of the said annuity as shall at the time of such sale remain charged on the holding and of all costs and expenses incurred by them in relation to such sale or otherwise in respect of the said holding and the balance shall be paid to the person entitled by law to receive the same.
Advances in the case of exchange of holdings.
55.—(1) Notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, advances may be made to the persons or bodies mentioned in sub-section (1) of section 31 of the Land Act, 1923, for the purchase by them from the Land Commission of holdings or portions of holdings subject to Land Purchase Annuities acquired by the Land Commission in exchange for other lands.
(2) Advances made in pursuance of this section shall be repaid by means of purchase annuities calculated at such rates as shall be prescribed, and consolidated so far as circumstances admit with the existing purchase annuities to which the holdings or portions of holdings are subject, in accordance with rules made by the Minister for Finance.
Redemption of purchase annuities in the case of purchases under section 36 of the Land Act, 1923.
56.—Where the Land Commission have entered into an agreement under section 36 of the Land Act, 1923, for the purchase of lands which are already subject to a purchase annuity, then, notwithstanding anything contained in sub-section (4) of section 9 of the purchase of Land (Ireland) Act, 1891, an advance may be made under the Land Purchase Acts for the purchase of the said lands before the purchase annuity for the repayment of the original advance has been redeemed, and in such case the original purchase annuity shall be dealt with as a claim attaching to the purchase money of the said lands under section 4 of the Land Bond Act, 1925, subject however to the following modification of that section, that is to say:—
“the redemption price of the original annuity shall be payable by transferring to the Land Commission such sum in Land Bonds as at the price of the day shall be sufficient to redeem the said annuity.”
Power to make rules.
57.—(1) The Land Commission, after consultation with the President of the Incorporated Law Society of Ireland, shall have power to make any rules required for carrying the provisions of this Act into effect.
(2) The Minister for Finance shall have power to make rules or regulations for carrying the financial provisions of this Act into effect and for adapting to the requirements of this Act such provisions of any enactment passed prior to this Act as relate to land purchase finance.
Short title and construction.
58.—(1) This Act may be cited as the Land Act, 1927.
(2) This Act shall be construed as one with the Land Law Acts, the Land Purchase Acts and the Congested Districts Board (Ireland) Acts and may be cited with those Acts.