Land Act, 1933

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LAND ACT, 1933.

ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

Section

Section 1

Short title, construction and citation.

Section 2

Definitions.

Section 3

General rules and regulations.

Section 4

Expenses.

PART II.

THE MINISTER AND THE APPEAL TRIBUNAL.

Section 5

Commencement of this Part of this Act.

Section 6

Powers of the Minister in relation to the Land Commission and the Lay Commissioners.

Section 7

The Appeal Tribunal.

Section 8

Applications to the Appeal Tribunal by way of appeal under this or any future Act.

Section 9

Transfer of appeals from the Judicial Commissioner to the Appeal Tribunal.

Section 10

Appeals from orders of the Appeal Tribunal.

Section 11

Transfer of certain powers to the Appeal Tribunal.

PART III.

ARREARS AND REVISION OF PURCHASE ANNUITIES, RENTS, AND OTHER ANNUAL PAYMENTS.

Section 12

Arrears and revision of purchase annuities payable to the Land Commission.

Section 13

Arrears and revision of purchase annuities payable to the Commissioners of Public Works.

Section 14

Arrears and revision of interest in lieu of rent.

Section 15

Arrears and revision of payment in lieu of rent.

Section 16

Arrears and revision of rent and interest payable to the Land Commission.

Section 17

Arrears and revision of rents payable by sub-tenants.

Section 18

Arrears and revision of rents etc., payable to the Church Temporalities Fund.

Section 19

Amount and revision of future purchase annuities.

Section 20

Ascertainment and certification of amount of revised annuities.

Section 21

Amount, duration, and recovery of funding annuities.

Section 22

Redemption of revised and funding annuities.

Section 23

Costs and expenses of proceedings.

Section 24

Holdings and parcels of which the Land Commission obtains possession.

Section 25

Third decadal reductions of purchase annuities.

Section 26

The Guarantee Fund.

Section 27

Deficiencies in the Land Bond Fund.

PART IV.

MISCELLANEOUS AMENDMENTS OF THE LAW RELATING TO LAND PURCHASE.

Section 28

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

Section 29

Relief of congestion.

Section 30

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

Section 31

Resumption of holdings.

Section 32

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

Section 33

Advance to trustees for certain purposes.

Section 34

Power of Land purchase sporting rights in certain cases.

Section 35

Amendment of section 24 of the Land Act, 1927.

Section 36

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

Section 37

Annuities on submerged lands.

Section 38

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

Section 39

Mill holdings.

Section 40

Holdings let for a special purpose.

Section 41

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

Section 42

Untenanted land held under fee farm grant or long lease.

Section 43

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

Section 44

Expenditure on embankments not exceeding £500.

Section 45

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

Section 46

Provisions relating to tenanted land suitable for building.

Section 47

Extension of power to acquire bogs.

Section 48

Registration of holdings on vesting.

Section 49

Tithe rentcharge or variable rent in Dublin.

Section 50

Power to appoint trustees.

Section 51

Payment of fines for renewal of leases, on allocation.

Section 52

Distribution of small shares of purchase moneys, etc.

Section 53

Deduction from purchase money of debts due to the State.

Section 54

Guarantee deposits.

Acts Referred to Forestry Act, 1928 No. 34 of 1928 Mines and Minerals Act, 1931 No. 54 of 1931 Finance Act, 1923 No. 21 of 1923 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Number 38 of 1933.

LAND ACT, 1933.

AN ACT TO AMEND GENERALLY THE LAW, FINANCE, AND PRACTICE RELATING TO LAND PURCHASE, AND IN PARTICULAR TO MAKE FURTHER AND BETTER PROVISION FOR THE EXECUTION OF THE FUNCTIONS OF THE JUDICIAL AND LAY COMMISSIONERS OF THE LAND COMMISSION AND TO PROVIDE FOR THE REVISION OF PURCHASE ANNUITIES AND CERTAIN OTHER ANNUAL PAYMENTS AND FOR THE FUNDING OF ARREARS THEREOF, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th October, 1933.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title, construction and citation.

1.—(1) This Act may be cited as the Land Act, 1933.

Definitions.

2.—In this Act— the expression “the Minister” means the Minister for Lands and Fisheries; the expression “the first gale day in the year 1933” means the first day in the year 1933, which is a gale day in respect of the annuity, rent, interest, or other annual payment in respect of which the expression is used; the expression “officer of the Land Commission” includes a Land Commissioner other than the Judicial Commissioner; the expression “Lay Commissioner” means a Land Commissioner other than the Judicial Commissioner; references to proceedings for the recovery of any annuity, rent, interest, or other annual payment shall be construed as including a sale or proceedings for a sale of the holding, tenancy, or other land on account of a default in payment of such annuity, rent, interest or other annual payment.

General rules and regulations.

3.—(1) The Minister may, with the concurrence of a majority of a committee consisting of the Judicial Commissioner, the Secretary of the Land Commission, and a Lay Commissioner appointed for the purpose by the Minister and after consultation with the President of the Incorporated Law Society, make rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of the Land Purchase Acts including this Act (except Part II thereof) and in this Act the word “prescribed” means prescribed by such rules.

Expenses.

4.—(1) All expenses incurred by the Minister in the execution of this Act and not otherwise provided for by this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II.

The Minister and the Appeal Tribunal.

Commencement of this Part of this Act.

5.—(1) This Part of this, Act shall come into operation on such day as the Minister shall by order appoint to be the appointed day for the purposes of this Part of this Act.

Powers of the Minister in relation to the Land Commission and the Lay Commissioners.

6.—(1) The following matters shall be excepted matters for the purposes of this section and the expression “excepted matters” shall in this section be construed accordingly, that is to say:— (a) the determination of the persons from whom land is to be acquired or resumed; (b) the determination of the actual lands to be acquired or resumed; (c) the determination of the price to be paid for land so acquired or resumed; (d) the determination of the persons to be selected as allottees of untenanted land; (e) the determination of the price at which land is to be sold to any such allottee; (f) the determination of the new holding which is to be provided for a tenant or proprietor whose holding has been acquired by the Land Commission; (g) the determination whether or not a holding has been used by the tenant thereof as an ordinary farm in accordance with proper methods of husbandry.

The Appeal Tribunal.

7.—(1) On and after the appointed day the Judicial Commissioner and two Lay Commissioners nominated for the purpose by the Executive Council shall constitute a tribunal, to be known and in this Act referred to as the Appeal Tribunal, to hear and determine all such applications, matters, and things as are by this Act or shall hereafter be authorised to be brought before it.

Applications to the Appeal Tribunal by way of appeal under this or any future Act.

8.—(1) Whenever, on or after the appointed day, an order is made or a thing is done, in exercise of a power conferred by this Act (other than this Part thereof) or any Act passed after this Act and an unlimited right of appeal or a limited right of appeal to the Appeal Tribunal from an exercise of such power is given by this Act (other than this Part thereof) or any Act passed after this Act, any person aggrieved by the making of such order or the doing of such thing may apply to the Appeal Tribunal for relief from such exercise of such power but limited, in the case of a limited right of appeal, to such relief as is within such limited right.

Transfer of appeals from the Judicial Commissioner to the Appeal Tribunal.

9.—(1) On and after the appointed day no appeal to the Judicial Commissioner shall lie from an order of the Land Commission or of the Land Commissioners other than the Judicial Commissioner but, in lieu thereof, wherever any such appeal would have lain on or after the appointed day if this section had not been enacted the like appeal shall, in cases not otherwise provided for by this Part of this Act, lie to the Appeal Tribunal.

Appeals from orders of the Appeal Tribunal.

10.—Whenever the Appeal Tribunal makes an order from which an appeal would have lain if this Part of this, Act had not been enacted and such order had been made by the Judicial Commissioner, the like appeal shall (save as is otherwise provided by this Act) lie from such order of the Appeal Tribunal as would have lain as aforesaid.

Transfer of certain powers to the Appeal Tribunal.

11.—On any application by the Land Commission for or in connection with the resumption of a holding, the powers of the Court under section 5 of the Land Law (Ireland) Act, 1881, as amended, by subsequent enactments (including this Act) shall be exercised by the Appeal Tribunal, and the decision of the Appeal Tribunal on such application shall be final.

PART III.

Arrears and Revision of Purchase Annuities, Rents, and other Annual Payments.

Arrears and revision of purchase annuities payable to the Land Commission.

12.—(1) The following provisions shall have effect in relation to proceedings by the Land Commission for the recovery of arrears of any purchase annuity to which this section applies which accrued due on or before the first gale day in the year 1933, that is to say:— (a) no such proceeding shall be begun after the passing of this Act; (b) any judgment or decree for the payment of any such, arrears obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; (c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the Land Commission after such passing unless a defence was filed or entered in such proceeding before such passing.

This sub-section shall apply to a purchase annuity notwithstanding that the holding in respect of which such annuity is payable was sold at an enhanced price owing to expenditure by the Land Commission on improvements.

Arrears and revision of purchase annuities payable to the Commissioners of Public Works.

13.—(1) The following provisions shall have effect in relation to proceedings by the Commissioners of Public Works in Ireland for the recovery of any arrears of a purchase annuity to which this section applies which accrued due on or before the first gale day in the year 1933, that is to say:— (a) no such proceedings shall be begun after the passing of this Act; (b) any judgment or decree for the payment of any such arrears obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; (c) no such proceceding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the said Commissioners after such passing unless a defence was filed or entered in such proceceding before such passing.

Arrears and revision of interest in lieu of rent.

14.—(1) The following provisions shall have effect in relation to the proceedings by the Land Commission for the recovery of any interest in lieu of rent which accrued due on or before the first gale day in the year 1933, that is to say:— (a) no such proceedings shall be begun after the passing of this Act; (b) any judgment or decree for the payment of any such interest obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; (c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the Land Commission after such passing unless a defence was filed or entered in such proceeding before such passing.

Arrears and revision of payment in lieu of rent.

15.—(1) The following provisions shall have effect in relation to proceedings by the Land Commission for the recovery of any payment in lieu of rent which accrued due on or before the first gale day in the year 1933, that is to say:— (a) no such proceeding shall be begun after the passing of this Act; (b) any judgment or decree for the payment of any such payment in lieu of rent obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; (c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the Land Commission after such passing unless a defence was filed or entered therein before such passing.

Arrears and revision of rent and interest payable to the Land Commission.

16.—(1) The following provisions shall have effect in relation to proceedings by the Land Commission for the recovery of any arrears of any rent or interest on purchase money to which this section applies which accrued due on or before the first gale day in the year 1933, that is to say:— (a) no such proceedings shall be begun after the passing of this Act; (b) any judgment or decree for the payment of any such arrears obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; (c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the Land Commission after such passing unless a defence was filed or entered in such proceeding before such passing.

Arrears and revision of rents payable by sub-tenants.

17.—Where the whole or part of a holding to which any of the foregoing sections of this Part of this Act applies is sublet otherwise than for any of the following purposes, that is to say, for agistment, conacre, or temporary pasturage, or for temporary convenience, or to meet a temporary necessity, and the Land Commission has not made, before the passing of this Act, an order deeming the sub-tenants to be tenants of separate portions of the holdings, the following provisions shall have effect, that is to say:— (a) no proceeding by the immediate landlord against any such sub-tenant for the recovery of arrears of rent which accrued due on or before the first gale day in the year 1933 shall be begun after the passing of this Act; (b) any judgment or decree for the payment of any such arrears obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; (c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the immediate landlord after such passing unless a defence was filed or entered in such proceeding before such passing; (d) as soon as may be after the passing of this Act, the Land Commission shall ascertain the amount of the arrears of rent (other than any such rent which was the subject of proceedings by the immediate landlord which were pending at the passing of this Act and in which a defence was filed or entered before such passing) which were due and owing on the 31st day of July, 1933, by every such sub-tenant as aforesaid and the amount of the costs and expenses (if any) incurred by the immediate landlord before the passing of this Act in proceedings for such recovery; (e) for the purpose of any such ascertainment, the Land Commission may accept any figures agreed upon by the immediate landlord and the sub-tenant concerned; (f) where the amount so ascertained of such arrears does not exceed three times the yearly amount of the rent (as reduced in pursuance of section 23 of the Land Act, 1923 ) payable by the sub-tenant immediately before the first gale day in the year 1933, the amount so ascertained of such arrears and the amount so ascertained of the said costs and expenses shall be a funded debt within the meaning of this section and be payable in the manner provided by this section and not otherwise; (g) in every case to which the next preceding paragraph does not apply, the amount so ascertained of the said costs and expenses together with so much of such arrears as is equal to three times the yearly amount of such rent shall be a funded debt within the meaning of this section and shall be payable in the manner provided by this section and not otherwise and the residue of such arrears shall not be payable;

(h) if a funding annuity is charged on the holding the Land Commission shall apportion it between the separate holdings into which the holding has been divided and then— (i) if the sum payable by means of the portion of such funding annuity charged on the separate holding of the sub-tenant is equal to the funded debt, the sub-tenant shall be entitled to credit for the funded debt as against the sum paid by means of the said portion of such funding annuity, or (ii) if the sum payable by means of the said portion of the funding annuity is greater than the funded debt, the sub-tenant shall be entitled to credit for the funded debt as against so much of the said portion of such funding annuity as is determined by the Land Commission to be attributable to a sum equal to the funded debt, or (iii) if the sum payable by means of the said portion of the funding annuity is less than the funded debt, the sub-tenant shall be entitled to credit as against the said portion of such funding annuity for so much of the funded debt as is equal to the sum payable by means of the said portion of such funding annuity, and the residue of the funded debt shall be paid in the manner provided by the next following paragraph of this sub-section; (i) if no funding annuity is charged on the holding or if the sub-tenant is not entitled under the next preceding paragraph of this sub-section to credit for the whole of the funded debt, the funded debt or the portion thereof for which the sub-tenant is not so entitled to credit shall be paid by means of a funding annuity charged on the separate holding of the sub-tenant; (j) the Land Commission shall, at such times and in such manner as the Minister for Finance shall direct, pay to the person entitled to the said arrears of rent and costs and expenses a sum equal to that part (if any) of the funded debt for which the sub-tenant is not entitled to credit under the foregoing paragraphs of this sub-section; (k) if no funded debt is payable by the sub-tenant or if the credit to which the sub-tenant is entitled under the foregoing paragraphs of this section does not extend to the whole of the portion of the funding annuity charged on the separate holding of the sub-tenant, the said portion of the funding annuity or so much thereof as is not covered by the said credit (as the case may be) shall be redeemed out of the redemption price of the intervening interest of the immediate landlord so far as such redemption price will extend after payment thereout of claims in respect of arrears (if any) of payment in lieu of rent or annual sums or additional sums, and so far as such redemption price will not extend by payment by the Land Commission into the Land Bond Fund of such sum as shall be necessary to complete the redemption of the said portion of such funding annuity;

(l) any sum paid by the Land Commission into the Land Bond Fund under the next preceding paragraph of this sub-section shall be recoverable by the Land Commission from the person liable to pay the same as a debt due to the State; (m) if the Land Commission refuses to declare a sub-tenant to be the tenant of a separate holding, the funded debt in respect of the holding of such sub-tenant shall be recoverable from such sub-tenant by his immediate landlord as if it were arrears of rent due by such subtenant; (n) the amount payable by the sub-tenant in respect of any gale of rent accruing after the first gale day in the year 1933 and before the date of the order of the Land Commission deeming the sub-tenant to be tenant of a separate portion of the holding shall be 50 per cent. and no more of the full amount (as reduced in pursuance of section 23 of the Land Act, 1923 ) of such gale.

Arrears and revision of rents etc., payable to the Church Temporalities Fund.

18.—(1) Where the owner of land applies to the Land Commission in the prescribed manner for such order as is hereinafter mentioned and satisfies the Land Commission that such land— (a) is substantially agricultural or pastoral or partly agricultural and partly pastoral in character; and (b) is in such owner's own occupation; and (c) is used and cultivated by such owner as an ordinary farm in accordance with proper methods of husbandry; and (d) is subject to an annual payment to which this section applies, the Land Commission shall ascertain the amount (if any) of the arrears of such annual payment due and owing in respect of such land on the first gale day after the passing of this Act and shall make an order declaring the amount so ascertained of such arrears or an amount equal to three times the amount of such annual payment, whichever is the less to be payable by means of a funding annuity to be set up by such order and (whether any such arrears are or are not due and owing as aforesaid) revising such annual payment by reducing by fifty per cent. the amount of all gales of such annual payment accruing after the said gale day.

(8)

Section 39

of the Land Act, 1923 , shall not apply to any annual payment which is a tithe rent-charge or fixed annual instalment in lieu of tithe rent-charge and is revised under this section.

Amount and revision of future purchase annuities.

19.—(1) Every advance made under the Land Purchase Acts on or after the date of the passing of this Act to a purchaser in pursuance of an agreement to purchase entered into or deemed to have been entered into by him (whether before or after the passing of this Act) shall be repayable by means of a purchase annuity of such amount as would have been payable if this Act had not been passed and such purchase annuity shall be deemed to be the first or original annuity referred to in section 5 of the Finance Act, 1923 (No. 21 of 1923).

Ascertainment and certification of amount of revised annuities.

20.—The following provisions shall have effect in relation to every purchase annuity in respect of which the amount payable by the purchaser in respect of every instalment accruing after the first gale day in the year 1933 is reduced by this Part of this Act, that is to say:— (a) as soon as may be after the passing of this Act, the Land Commission or the Commissioners of Public Works in Ireland (as the case may require) shall ascertain, in relation to every such purchase annuity, the actual amount annually payable by the purchaser in respect of such purchase annuity in consequence of such reduction; (b) if no funding annuity is payable in respect of arrears of such purchase annuity, the said amount annually payable as so ascertained in relation to such annuity shall be known and is in this Act referred to as the revised annuity payable in respect of the holding; (c) if a funding annuity is payable in respect of the arrears of such purchase annuity, the aggregate of such funding annuity and the said amount annually payable as so ascertained in relation to such purchase annuity shall be ascertained by the Land Commission or the said Commissioners (as the case may require) and shall constitute and shall be known and is in this Act referred to as the revised annuity payable in respect of the holding; (d) when the amount of a revised annuity has been ascertained in pursuance of this section, the Land Commission or the said Commissioners (as the case may require) shall where the holding is registered under the Local Registration of Title Act, 1891, or where the registration of the holding is compulsory under the said Act forthwith certify to the Registrar of Titles the amount so ascertained of such revised annuity and the said Registrar shall enter the said amount in the appropriate register kept by him and such entry shall be conclusive evidence for all purposes of the amount of such revised annuity; (e) the Land Commission and the said Commissioners respectively shall have all such remedies for the recovery of a revised annuity as they would have had for the recovery of the purchase annuity from which such revised annuity is derived if this Act had not been passed; (f) the said reduction in the amount payable by the purchaser in respect of instalments of a purchase annuity and the ascertainment under this section of the amount of the revised annuity derived from such purchase annuity is in this Act referred to as the revision of such purchase annuity.

Amount, duration, and recovery of funding annuities.

21.—The following provisions shall apply in respect of every funding annuity set up under this Act, that is to say:— (a) such funding annuity shall be payable for fifty years commencing, in the case of a funding annuity in respect of arrears of an annual payment payable into the Church Temporalities Fund, on the first gale day after the passing of this Act and, in the case of every other funding annuity, on the first gale day in the year 1933, or the date on which the holding is vested in the Land Commission, whichever is the later; (b) such funding annuity shall be of such amount, calculated in accordance with regulations made by the Minister for Finance, as will in fifty years repay, with interest at the rate of four and one-half per cent. per annum, the sum for the payment of which such annuity is set up; (c) such funding annuity shall be a charge on the holding on which is charged the purchase annuity or out of which issues the rent, interest, or other annual payment for the payment of arrears of which such funding annuity is set up or, where such holding has been exchanged with the consent of the Land Commission for a new holding, on such new holding, and such charge shall rank next in priority after the purchase annuity, rent, interest, or other annual payment (as the case may be) charged on or issuing out of such holding; (d) where the holding on which such funding annuity is charged is or becomes subject to a purchase annuity, such funding annuity shall be consolidated, in accordance with regulations to be made by the Minister for Finance, with such purchase annuity; (e) such funding annuity shall be deemed to be an annuity for the repayment of moneys advanced under the Land Purchase Acts for the purchase of a holding and the Land Commission and the Commissioners of Public Works in Ireland shall respectively have, for the recovery of unpaid instalments of such funding annuity, the like remedies (including remedies given by this Act) as they respectively have for the recovery of unpaid instalments of a purchase annuity.

Redemption of revised and funding annuities.

22.—(1) A revised annuity which does not include a funding-annuity may be redeemed, in whole or in part, in the like manner in all respects as such annuity could have been redeemed if it had not been revised under this Act, save that the sum payable for such redemption shall be reduced by the same percentage as the percentage by which such annuity was reduced on such revision.

Costs and expenses of proceedings.

23.—(1) Where proceedings at the suit of the Land Commission or the Commissioners of Public Works in Ireland were commenced after the 1st day of October, 1932, and were brought for the recovery of arrears of any purchase annuity, interest in lieu of rent, payment in lieu of rent, annual sum, additional sum, rent, interest, or other annual payment and such arrears or any part thereof are payable under this Part of this Act by means of a funding annuity, the costs and expenses of the Land Commission or the said Commissioners (as the case may be) in respect of such proceedings shall, if not otherwise paid before the passing of this Act, be paid out of moneys provided by the Oireachtas as part of the expenses of the Land Commission or the said Commissioners, as the case may be.

24.—Where the Land Commission has obtained or hereafter obtains possession of a holding or a parcel of land on account of default in payment of the purchase annuity, interest, rent, or other annual payment payable in respect of such holding or parcel of land, such of the foregoing provisions of this Part of this Act as would have been or would be applicable to such holding or parcel of land if the Land Commission had not so obtained possession thereof shall apply to such holding or parcel of land notwithstanding such obtaining of possession.

Third decadal reductions of purchase annuities.

25.—(1) Where a purchase annuity would be subject, under section 25 of the Land Law (Ireland) Act, 1896 , to a third decadal reduction but the third decade of such annuity did not expire before the 1st day of May, 1933, such third decade shall be deemed to have expired on the said 1st day of May, 1933, and such annuity shall be and be deemed to have been reduced under the said section 25 in accordance with regulations to be made in that behalf by the Minister for Finance.

The Guarantee Fund.

26.—(1) No deficiency in the Purchase Annuities Fund or in the Land Bond Fund arising from the revision of annuities or from reductions made by this Part of this Act in the amounts payable in respect of other annual payments shall be a charge on the Guarantee Fund.

Deficiencies in the Land Bond Fund.

27.—(1) The deficiencies in the Land Bond Fund arising from the provisions of this Part of this Act in relation to the payment of arrears of purchase annuities by means of funding annuities shall, to such extent and at such time or times as the Minister for Finance shall direct, be made good to that fund out of moneys provided by the Oireachtas and thereupon the charge on the Guarantee Fund in respect of those deficiencies shall cease.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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

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.

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.

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.

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 Rent 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.

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.

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.

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.

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