Land Act, 1931

Land Act, 1931 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1931 Land Act, 1931 Land Act, 1931 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 11 of 1931. LAND ACT, 1931. ARRANGEMENT OF SECTIONS PART I. FINANCE. Section 1. Land bonds issued under the Land Act, 1929. 2. Exemption from stamp duty. 3. Amendment of section 1 of the Land Act, 1923. 4. Annuities on the resale of land purchased by the late Congested Districts Board. 5. Proceeds of the sale of certain lands of the late Congested Districts Board. 6. Liability of county boroughs in respect of the guarantee fund. 7. Disposal of certain purchase annuities. 8. Provision of moneys for the execution of this Act. PART II. VESTING OF HOLDINGS. 9. Publication of lists of vested holdings. 10. Amendment of lists of vested holdings. 11. Retention of holdings in a list of vested holdings. 12. Vesting orders in respect of vested holdings. 13. Dismissal of purchase proceedings in respect of certain vested holdings. 14. Holdings alleged to be wrongly omitted from a list of vested holdings. 15. Subtenancies on vested holdings. 16. Validation of certain sub-divisions and sub-lettings. 17. Mutual rights of tenant and his subtenants. 18. Provisions consequential on increase of purchase annuity. 19. Provisions consequential on reduction of purchase annuity. 20. Provisions consequential on certain orders of the Land Commission. 21. Guarantee deposits. PART III. VESTING OF HOLDINGS ON RE-SALES. 22. Definitions for Part III. 23. Publication of lists of congested districts holdings. 24. Publication of lists of holdings on untenanted land. 25. Amendment of lists of holdings. 26. Retention of holdings comprised in lists of holdings. 27. Payments by tenants of holdings. 28. Vesting orders in respect of holdings. 29. Vesting orders in the case of exchanged holdings. PART IV. MISCELLANEOUS AND GENERAL. 30. Amendment of vesting orders. 31. Registration of holdings comprised in vesting orders. 32. Date of conversion into personal state. 33. Transfer of incumbrances to rearranged holding. 34. Provisions in relation to the distribution of purchase-money. 35. Distribution of small amounts of purchase-money. 36. Payment of dividends on land bonds pending distribution. 37. Publication of notice of sale of a holding by the Land Commission. 38. Powers of Land Commission to confer water-rights. 39. Extension of powers of Land Commission as to turbary and rights of way. 40. Confirmation of enjoyment of certain grazing and turbary. 41. Apportionment of rates on untenanted land. 42. Extension of powers of resumption. 43. Compensation for disturbance on resumption of holdings. 44. Untenanted land held under fee farm grant or long lease. 45. Extension of powers of providing for maintenance of embankments, etc. 46. Extension of powers of recouping expenditure on repair of embankments, etc. 47. Holdings deteriorated or reduced by neglect of landlord to repair drains, etc. 48. Grants for expenses of transferring migrants. 49. Variation of tithe rentcharges and variable rents. 50. Payment of additional sum by payers of certain purchase annuities. 51. Times for payment of additional sums. 52. Making of periodical returns by the Land Commission. 53. Rules and regulations. 54. Short title, construction and citation. Number 11 of 1931. LAND ACT, 1931. AN ACT TO MAKE PROVISION FOR THE EARLY VESTING OF HOLDINGS IN THE PURCHASERS THEREOF UNDER THE LAND PURCHASE ACTS AND FOR THAT AND OTHER PURPOSES TO AMEND THOSE ACTS AND THE LOCAL REGISTRATION OF TITLE (IRELAND) ACT, 1891, AND ALSO TO MAKE PROVISION IN RESPECT OF THE VARIATION OF CERTAIN TITHE RENTCHARGES AND VARIABLE RENTS. [30th April, 1931.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:— PART I. FINANCE. Land bonds issued under the Land Act, 1929 . 1.—The Land Bond Act, 1925 , shall apply to land bonds created and issued by the Minister for Finance under the powers conferred upon him by sub-section (2) of section 5 of the Land Act, 1929 , for the purposes of that section in like manner as it applies to land bonds created and issued by the said Minister for the purposes of the Land Act, 1923 . Exemption from stamp duty. 2.—No stamp duty shall be chargeable or payable on any agreement, conveyance, deed of charge, memorial, or other instrument (including instruments executed but not stamped before the passing of this Act) made for the purposes of or in connection with the sale by the Land Commission under or in pursuance of the Land Purchase Acts of land vested in them nor on any such instrument required by the Land Commission to be made for securing the repayment of moneys advanced by them. Amendment of section 1 of the Land Act, 1923 . 3.—(1) Sub-section (3) of section 1 of the Land Act, 1923 , as amended by section 3 of the Land Bond Act, 1925 , shall be construed and have effect as if the words “in satisfaction of death duties or” now contained in that sub-section were omitted therefrom. (2) In addition to the several sums required by sub-section (5) of section 1 of the Land Act, 1923 , as amended by section 3 of the Land Bond Act, 1925 , to be set aside in the land bond fund for the purpose of the redemption of bonds, there shall for the purpose of such redemption be set aside in the land bond fund, at the close of every half-year ending on the 1st day of May or the 1st day of November until all land bonds issued under the Land Act, 1923 , or any Act amending that Act have been redeemed, all sums paid into the land bond fund during such half-year by the Land Commission under this Act for the redemption of land bonds. Annuities on the resale of land purchased by the late Congested Districts Board. 4.—(1) Every advance made by the Land Commission after the passing of this Act on the resale of land (other than land to which the next following section of this Act applies) which was purchased by the late Congested Districts Board out of the funds at its disposal shall be repayable by a purchase annuity calculated at the rate of three and one-quarter per cent. and payable at such times as the Minister for Finance shall prescribe. (2) Where before the passing of this Act an advance was made by the late Congested Districts Board or by the Land Commission on the resale of land which was purchased by the said Board out of the funds at its disposal, the Land Commission may, whenever they think it expedient so to do, cause an account to be taken of the sum then outstanding and unpaid in respect of such advance and may charge such land with a purchase annuity calculated at the rate of three and one-quarter per cent, per annum for the repayment of the sum so outstanding in lieu and satisfaction of the annuity theretofore payable in respect of such advance. (3) All moneys collected in respect of purchase annuities created under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall appoint by regulations made by him under this Act. Proceeds of the sale of certain lands of the late Congested Districts Board. 5.—(1) All moneys, funds, and land bonds which are now in or shall hereafter come to the hands of the Land Commission and which either represent the proceeds of the sale by the late Congested Districts Board or the Land Commission of land to which this section applies or represent the redemption price of head-rents or other superior interests acquired by the said Board shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. (2) This section applies to land which was purchased by the late Congested Districts Board out of the funds at its disposal or was acquired by that Board otherwise than by means of advances from the Irish land purchase fund and which was sold by the said Board as an ordinary vendor either by means of the Land Purchase Acts (whether such sale was completed before the 9th day of August 1923 or was subsequently completed as a purchase agreement pending on that date) or otherwise than by means of the said Acts. Liability of county boroughs in respect of the guarantee fund. 6.—Notwithstanding anything contained in sub-section (3) of section 22 of the Purchase of Land (Ireland) Act, 1891 , the share of a county borough in the local taxation grants shall be available (in accordance with that Act and regulations made thereunder and in like manner as if such county borough were a county) for the purposes of the guarantee fund in respect of land which has since the passing of that Act or shall hereafter become included within such county borough and is now or shall hereafter be subject to a land purchase annuity. Disposal of certain purchase annuities. 7.—Where the Land Commission have resold or shall hereafter resell a parcel of land under the Irish Land (Provision for Sailors and Soldiers) Act, 1919 , at an enhanced price and such enhanced price is due in whole or in part to expenditure on improvements on or in respect of such land made by the Land Commission after the 1st day of April 1922 (whether before or after the passing of this Act) out of moneys provided or recouped by the British Government, so much of the purchase annuity paid into the purchase annuities fund or the land bond fund (as the case may be) in respect of such price as is attributable to such expenditure shall be paid or credited to the British Government in such manner as the Minister for Finance shall appoint by regulations made by him under this section and such regulations may prescribe the method of ascertaining the proportion of the purchase annuity attributable to such expenditure. Provision of moneys for the execution of this Act. 8.—All moneys required by the Land Commission for the exercise of their powers under this Act or otherwise for the execution of this Act shall, save in so far as such moneys are otherwise provided for by this Act, be paid to such extent as shall be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas. PART II. VESTING OF HOLDINGS. Publication of lists of vested holdings. 9.—(1) The Land Commission shall from time to time publish in the prescribed manner lists (in this Act referred to as lists of vested holdings) of tenanted land consisting of holdings in respect of which particulars have been furnished in pursuance of sub-section (1) of section 40 of the Land Act, 1923 , and shall in every such list declare in respect of the tenanted land comprised in such list the appointed day (which may be previous to, coincident with, or subsequent to the date of the publication of such list) for such land. (2) Immediately upon the publication of a list of vested holdings, tenanted land comprised in such list shall (as the case may require) become or be deemed to have become vested in the Land Commission on the appointed day declared in such list for such land. (3) Every tenant of a holding included in a list of vested holdings (whether such tenant is or is not named in such list) or, where the tenant of a holding is named in such list and is dead on the appointed day for such holding, the personal representative of such tenant shall be deemed to have entered on the appointed day into a subsequent purchase agreement for the purchase of such holding from the Land Commission at the standard price and sub-sections (2), (3), and (5) of section 28 of the Land Act, 1923 , shall apply in respect of such holding in like manner as they apply in respect of the holdings mentioned in those sub-sections save that such application shall not be prevented or limited by sub-section (6) of the said section 28 . (4) All sums which by virtue of sub-sections (2), (3), and (5) of section 28 of the Land Act, 1923 , as applied by this section become payable in respect of a holding included in a list of vested holdings shall be charged on such holding in priority to all existing interests and incumbrances affecting such holding whether created before or after the appointed day. (5) Sub-sections (2), (3), and (4) of section 40 of the Land Act, 1923 , and sub-section (1) of section 17 of the Land Act, 1927 , shall not apply to a holding included in a list of vested holdings. (6) Sub-section (7) of section 17 of the Land Act, 1927 , shall apply in respect of a holding or part of a holding included in a list of vested holdings in respect of which the Commissioners of Public Works in Ireland certify to the Land Commission in accordance with that sub-section either before or after the appointed day but before such holding is vested under this Act in a tenant. (7) Sub-section (2) of section 73 of the Land Act, 1923 , shall apply in respect of holdings included in a list of vested holdings with the modification that the declaration by the Land Commission mentioned in paragraph (a) of the proviso to the said sub-section may be made either before or after the appointed day. Amendment of lists of vested holdings. 10.—(1) A list of vested holdings may be amended by the Land Commission with the consent of all the parties concerned or, subject to the provisions of this section, without such consent. (2) Where the Land Commission propose to amend a list of vested holdings otherwise than on consent of the parties, the Land Commission shall serve in the prescribed manner on all the parties concerned notice of the proposal to make such amendment and shall afford to all such parties an opportunity to object to such proposed amendment. (3) Every objection duly made to a proposed amendment of a list of vested holdings shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such objection and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. Retention of holdings in a list of vested holdings. 11.—(1) Where a holding included in a list of vested holdings would be a retained holding within the meaning of sub-section (6) of section 28 of the Land Act, 1923 , if that sub-section applied to it, such holding may, notwithstanding anything contained in this Act, be retained by the Land Commission. (2) Sections 29 , 33 , and 34 of the Land Act, 1923 , shall apply to holdings retained by the Land Commission under this section as fully as they apply to the retained holdings mentioned in those sections and accordingly the Land Commission shall have in respect of holdings retained by them under this section, all the powers conferred on them by the said sections. Vesting orders in respect of vested holdings. 12.—(1) Where the Land Commission has published a list of vested holdings, the Land Commission shall from time to time, after making such inquiry as they may consider necessary as to the accuracy of the particulars stated in such list of the holdings included therein and as to the existence of rights or easements affecting such holdings, publish in the prescribed manner a vesting order vesting in accordance with this section one or more of such holdings in the purchaser or purchasers thereof. (2) Every vesting order made under this section shall specify separately every holding thereby vested and shall state in respect of every such holding such matters as are required by this section to be so stated and such other particulars as may be necessary for the purposes of the registration of such holding under the Local Registration of Title (Ireland) Act, 1891. (3) Every vesting order made under this section shall be expressed and shall operate to vest every holding specified therein in fee simple in the person named in such order as the person appearing to the Land Commission to be in occupation of such holding as tenant thereof or nominated by the Land Commission under section 67 of the Land Act, 1923 , to represent the tenant of such holding and shall also be expressed and shall operate so to vest such holding in such person subject to the following annuities, sums, and payments, that is to say:— (a) the standard purchase annuity for such holding; and (b) the additional annuity (if any) in respect of compounded arrears of rent added to the purchase-money; and (c) an additional sum (if any) 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 next day on which dividends on land bonds are payable; and (d) any sum which may be due to the Land Commission by the tenant in respect of the annual sum equivalent to the standard purchase annuity of the holding stated in the list of vested holdings including the proportion of such annual sum for the period between the gale day on which the first instalment of such annual sum became payable and the day on which dividends on land bonds are payable next after the appointed day; and (e) to any sum which may be due to the Land Commission by the tenant in respect of payment in lieu of rent or in respect of repayments required by this Act to be made by such tenant to the Land Commission. (4) The Land Commission shall, in respect of every vesting order made under this section, afford to all parties concerned an opportunity for making objections to such order and the Land Commissioners other than the Judicial Commissioner shall consider and decide every such objection duly made, and there shall be a right of appeal to the Judicial Commissioner from every decision of the other Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. Dismissal of purchase proceedings in respect of certain vested holdings. 13.—(1) Whenever it appears to the Land Commission that a holding included in a list of vested holdings is not a holding to which sub-section (1) of section 24 of the Land Act, 1923 , as amended and extended by the Land Act, 1927 , applies, the Land Commissioners other than the Judicial Commissioner shall, after serving notice in the prescribed manner on all parties concerned, make such order in the matter as the justice of the case shall require. (2) There shall be a right of appeal to the Judicial Commissioner from every order made by the other Land Commissioners under the foregoing sub-section of this section and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. (3) When the purchase proceedings in relation to a holding are dismissed by an order made by the Land Commission under this section, the following provisions shall have effect, that is to say:— (a) the Land Commission shall pay into the land bond fund such sum as shall be required to redeem the land bonds issued for the purchase of such holding (including the contribution of the State to the standard price); and (b) all parties shall be restored in all respects to their mutual rights and liabilities in relation to such holding as such rights and liabilities existed immediately before the passing of the Land Act, 1923 ; and (c) the tenant shall be bound to pay to the Land Commission all arrears of payment in lieu of rent or of the annual sum equivalent to the standard purchase annuity and such arrears shall be deemed to be a charge on such holding in priority to all existing interests and incumbrances affecting the tenancy therein; and (d) the tenant shall be entitled to credit for all moneys paid by him in respect of such holding on account of payment in lieu of rent or annual sum equivalent to the standard purchase annuity as against rent or other payment due by him to his landlord in respect of such holding; and (e) all moneys paid by the Land Commission under this sub-section shall be recoverable by them in the manner provided by this Act; and (f) the Land Commission shall have for the recovery of moneys payable under this sub-section to them by the tenant the same remedies as they have for the recovery of unpaid instalments of purchase annuities. Holdings alleged to be wrongly omitted from a list of vested holdings. 14.—(1) A tenant who claims to be entitled to the benefits of section 24 of the Land Act, 1923 , as amended and extended by the Land Act, 1927 , and alleges that his holding has not been included in the particulars furnished by his landlord under sub-section (1) of section 40 of the Land Act, 1923 , to the Land Commission and is not included in any published list of vested holdings, may apply in the prescribed manner to the Land Commission for an order requiring the said landlord to furnish to the Land Commission in accordance with the said sub-section (1) particulars of such holding. (2) Every application under this section shall be heard and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application and the decision of the Judicial Commissioner on such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. Subtenancies on vested holdings. 15.—(1) Where the whole or part of a holding which is included in a list of vested holdings is at the date of the publication of such list sublet otherwise than for the purpose of temporary depasturage, agistment, or conacre, or for temporary convenience, or to meet a temporary necessity, the following provisions shall have effect, that is to say:— (a) the Land Commission shall (save as is hereinafter otherwise authorised) declare that the subtenants on such holding are to be deemed to be the tenants of the respective portions of such holding in their several and separate occupations and that the said respective portions (hereinafter referred to as separate holdings) of such holding are to be deemed to be separate holdings; (b) each of the said subtenants shall be deemed to have entered on the date of the said declaration into a subsequent purchase agreement for the purchase of the said separate holding in his separate occupation; (c) the standard purchase annuities for the said separate holdings shall be ascertained in the like manner as standard purchase annuities for tenancies are ascertained under the Land Act, 1923 , as amended by the Land Act, 1929 ; (d) save where the portion of such holding which is so sublet is held by the subtenant thereof under a judicial tenancy and is substantially agricultural or pastoral or partly agricultural and partly pastoral, the Land Commission may, if in their opinion such portion is of such character that it ought not to be declared under this section to be a separate holding, treat the said holding (notwithstanding anything contained in this section) as if the said portion thereof were in the occupation of the tenant of the said holding and were not sublet; (e) the subsequent purchase agreement which the tenant of such holding was, on the publication of the said list of vested holdings, deemed to have entered into shall be withdrawn as from the date of the said declaration under this section; (f) the Land Commission shall redeem the interests (hereinafter referred to as intervening interests) intervening between the owner of the estate and the said subtenants; (g) if portion only of the said holding is sublet as aforesaid the Land Commission shall declare that the tenant of such holding is to be deemed to be the tenant of so much only of such holding as is not so sublet, and thereupon such tenant shall be deemed to have entered on the date of the said declaration into a subsequent purchase agreement for the purchase of so much as aforesaid of such holding, and the standard purchase annuity for so much as aforesaid of such holding shall be such proportion as the Land Commission shall determine of the standard purchase annuity which would have been payable in respect of the whole of such holding if no part of it had been sublet. (2) When the Land Commission make a declaration under this section deeming subtenants on a holding to be tenants of separate portions of such holding, then— (a) if the total of the standard purchase annuities for such separate portions of such holding and the standard purchase annuity for the remainder (if any) of such holding exceeds the standard purchase annuity which would have been payable in respect of such holding if no part of it had been sublet, land bonds proportionate to the amount of such excess shall be lodged to the credit of the estate as representing the value of the intervening interests; and (b) if the said total of standard purchase annuities is equal to or less than the said standard purchase annuity which would have been payable as aforesaid, the intervening interests shall be deemed to be of no value; and (c) if the said total of standard purchase annuities is less than the said standard purchase annuity which would have been payable as aforesaid, the Land Commission shall pay into the land bond fund such sum as will be sufficient to redeem the land bonds issued in excess of the total advances to be made for the purchase of the said separate portions and the said remainder (if any) of such holding, including so much of the contribution by the State to the standard price as is proportionate to the amount of such excess; and (d) where land bonds are redeemed under the foregoing paragraph of this sub-section and some or all of such land bonds represent compounded arrears of rent, the landlord of such holding shall be entitled to be paid by and to recover from the tenant of such holding the amount of the compounded arrears of rent represented by such land bonds. (3) The Land Commission shall give to all parties concerned an opportunity of objecting to any declaration proposed to be made under this section and every objection duly made to any such proposed declaration shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from every decision of the other Land Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. Validation of certain sub-divisions and sub-lettings. 16.—(1) Where at the passing of the Land Act, 1923 , a holding to which that Act applies was sub-divided or in part sublet in breach of a statutory condition or of a covenant or condition contained in the lease or agreement under which such holding was held, the Land Commission, if it so thinks proper having regard to all the circumstances of the case, may, on the application of any person in separate occupation of a portion of such holding by virtue of such sub-division or subletting, declare the portion or each of the several portions of such holding so separately occupied to be a separate holding, and the person in such separate occupation thereof to be the tenant thereof and, in the case of a subletting, declare the portion of such holding which is not so sublet to be a separate holding and the person in separate occupation thereof to be the tenant thereof. (2) Where the Land Commission makes a declaration under this section such declaration shall have effect according to the terms thereof and the following provisions shall have effect, that is to say:— (a) the sub-division or subletting (as the case may be) which is the subject of such declaration shall be and be deemed, as at and from the passing of the Land Act, 1923 , to have been lawful and valid; (b) in the case of a declaration made in respect of a subdivision section 20 of the Land Act, 1923 , shall apply to every portion of a holding declared by such declaration to be a separate holding with the modification that the date of such declaration shall be substituted in that section for the date of the passing of that Act; (c) in the case of a declaration made in respect of a subletting, section 23 of the Land Act, 1923 , shall apply as if sub-section (3) of that section were omitted therefrom and with the modification that the date of such declaration shall be substituted in sub-section (1) of that section for the date of the passing of that Act. (3) The Land Commission shall not make a declaration under this section save either with the consent of all parties concerned or after notice of the application for such declaration has been served in the prescribed manner on all parties concerned and all such parties have been afforded an opportunity of objecting to the making of such declaration. (4) Every application for a declaration under this section and every objection duly made to the making of such declaration shall be considered and decided by the Land Commissioners other than the Judicial Commissioner, and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such application or objection and the decision of the Judicial Commissioner on such appeal shall be final save that an appeal shall lie on questions of law only from the decision of the Judicial Commissioner to the Supreme Court. Mutual rights of tenant and his subtenants. 17.—(1) Where a subtenant on a holding is deemed under this Act to be the tenant of the portion of such holding in his separate occupation and to have entered into a subsequent purchase agreement in respect of such portion of such holding, the tenant of such holding shall be entitled to receive and recover from such subtenant all rent (as reduced under section 23 of the Land Act, 1923 ) and arrears of rent (as so reduced) accrued due by such subtenant to such tenant up to and including the gale day next before the date on which such subtenant is so deemed to have entered into such subsequent purchase agreement and also an apportioned gale of such rent for the period between the said gale day and the said date. (2) A tenant entitled to receive and recover rent under this section from a subtenant shall have for the recovery of all rent and arrears of rent which he is so entitled to receive the same remedies (other than ejectment for non-payment of rent) as he would have had if this Act had not been passed. Provisions consequential on increase of purchase annuity. 18.—(1) Where the Land Commission, after the appointed day, make an order (not being an order consequential on a declaration that a subtenant is to be deemed to be the tenant of land in his separate occupation) increasing the standard purchase annuity for a holding and make an additional advance and issue additional land bonds for the purchase of such holding, the tenant of such holding shall pay to the Land Commission the following sums, that is to say:— (a) a sum equal to interest at the rate of four and one-half per cent. per annum on the additional advance so made (other than so much of such advance as consists of the contribution of the State) for the period from the appointed day to the date of making such additional advance; and (b) the sum to which sinking fund payments on the additional advance so made (other than so much of such advance as consists of the contribution of the State) would have amounted at the rate of four and one-half per cent. per annum compound interest if such additional advance had been made on the appointed day. (2) Where the Land Commission make such order and make an additional advance and issue additional land bonds in such circumstances as are mentioned in the foregoing sub-section of this section, there shall be payable by the Land Commission to the person entitled to receive the same a sum equal to interest (less income tax) at the rate of four and one-half per cent. per annum on the whole amount of such additional advance for the period from the appointed day to the date of the issue of such additional land bonds. (3) All sums payable under this section to the Land Commission by a tenant shall be a charge on the holding in respect of which they are payable in priority to all interests and incumbrances (other than the purchase annuity) whether created before or after the passing of this Act then affecting such holding and the Land Commission shall have for the recovery of such sums the same remedies as they have for the recovery of unpaid instalments of purchase annuities. Provisions consequential on reduction of purchase annuity. 19.—(1) Where the Land Commission, after the appointed day, make an order (not being an order consequential on a declaration that a subtenant is to be deemed to be the tenant of land in his separate occupation) reducing the standard purchase annuity for a holding, they shall pay the following sums, that is to say:— (a) into the land bond fund such sum as will be sufficient to redeem the land bonds issued in excess of the advance made for the purchase of such holding and the land bonds issued for so much of the contribution by the State to the standard price of such holding as is proportionate to such excess advance; and (b) to the tenant of such holding or such other person as may be entitled to receive the same, all such sums as may have been overpaid by such tenant in respect of such excess advance for the period between the appointed day and the date of such order. (2) All moneys paid by the Land Commission under this section shall be recoverable by the Land Commission in the manner provided by this Act. Provisions consequential on certain orders of the Land Commission. 20.—Where, in consequence of an order made by the Land Commission under this Act in respect of a holding comprised in a list of vested holdings either reducing the standard purchase annuity for such holding or dismissing the purchase proceedings in respect of such holding or deeming a subtenant on such holding to be the tenant of land in his separate occupation, the Land Commission shall have paid into the land bond fund money for the redemption of land bonds, there shall be paid to the Land Commission by the vendor or such other person as shall have received the purchase-money or any part of the purchase-money of the estate and shall be found liable to make such payment the following sums, that is to say:— (a) such sum as the Land Commission shall have so paid into the land bond fund; and (b) a sum equal to interest at the rate of four and three-quarters per cent. per annum on so much of the land bonds so redeemed as were issued for the contribution of the State to the standard price of such holding for the period from the issue of such land bonds to the redemption thereof; and (c) such sum as the Land Commission shall have repaid to the tenant of such holding in pursuance of this Act. Guarantee deposits. 21.—(1) Where 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 may, on the application of the Land Commission made on such distribution retain in land bonds out of such purchase-money such sum (in this Act referred to as the guarantee deposit) as the Judicial Commissioner shall think proper but not exceeding in any case one-tenth of such purchase-money. (2) Every guarantee deposit shall be applicable for the purposes hereinafter mentioned and, subject to such application, shall be retained until an order is made under this section for the release thereof and upon such order being made such guarantee deposit or so much thereof as has not been so applied shall be paid out to the person found to be entitled thereto. (3) The dividends on land bonds for the time being retained as a guarantee deposit shall be paid out as they accrue to the person found to be entitled thereto. (4) The following moneys, if or so far as they are not otherwise paid, shall be payable to the Land Commission in money out of the appropriate guarantee deposit so far as that deposit will extend, that is to say:— (a) moneys payable under this Act to the Land Commission in repayment of moneys paid into the land bond fund by the Land Commission to redeem land bonds; and (b) moneys payable under this Act to the Land Commission in repayment of moneys paid by the Land Commission to a tenant by way of refund of excess payments by such tenant; and (c) moneys payable under this Act to the Land Commission in repayment of moneys paid by the Land Commission for interest and sinking fund on so much of the land bonds redeemed as were issued for the contribution of the State to the standard price of a holding; and (d) so much of moneys expended by the Land Commission on or to be retained by the Land Commission for the repair or maintenance of embankments or other works as the Judicial Commissioner shall under this Act order to be repayable to the Land Commission by a person to whom the purchase-money or any part thereof has been paid. (5) The Judicial Commissioner, on being satisfied that all moneys for the payment of which a guarantee deposit may be resorted to under this section, have been duly paid out of such guarantee deposit or otherwise, may make an order releasing (as the case may require) such guarantee deposit or so much thereof as has not been applied in or towards making such payments. PART III. Vesting of Holdings on Re-sales. Definitions for Part III. 22.—In this part of this Act— the word “holding” includes, where the context so admits, a holding surrendered or deemed to have been surrendered in exchange for another holding, and also a holding vested in a tenant in exchange for another holding, and also a parcel of untenanted land; and the word “tenant” includes the occupier of a holding whether he does or does not occupy the same under a contract of tenancy and whether he was or was not in such occupation prior to the publication of the list of congested districts holdings or the making of the vesting order in which such holding is comprised. Publication of lists of congested districts holdings. 23.—(1) The Land Commission may from time to time publish lists (in this Act referred to as lists of congested districts holdings) of holdings on estates which either were transferred by the Land Law (Commission) Act, 1923 , from the late Congested Districts Board to the Land Commission or were purchased by the Land Commission under powers transferred by that Act from the said Board to the Land Commission. (2) Every list of congested districts holdings shall specify separately every holding comprised therein and shall state in respect of each such holding the name of the person appearing to the Land Commission to be the tenant thereof, the amount of the purchase annuity subject to which the Land Commission is prepared to sell such holding, and such other matters (if any) as the Land Commission shall in any particular case consider to be necessary or desirable. Publication of lists of holdings on untenanted land. 24.—(1) The Land Commission may from time to time publish lists (in this Act referred to as lists of holdings on untenanted land) of holdings on untenanted land vested in the Land Commission otherwise than by transfer from the late Congested Districts Board or by purchase under powers transferred from that Board. (2) Every list of holdings on untenanted land shall specify separately every holding comprised therein and shall state in respect of every such holding the name of the person appearing to the Land Commission to be the tenant thereof, the amount of the purchase annuity subject to which the Land Commission is prepared to sell such holding, and such other matters (if any) as the Land Commission shall in any particular case consider to be necessary or desirable. Amendment of lists of holdings. 25.—(1) Lists of congested districts holdings and lists of holdings on untenanted land may be amended by the Land Commission with the consent of all the parties concerned or, subject to the provisions of this section, without such consent. (2) Where the Land Commission propose to amend a list of congested districts holdings or a list of holdings on untenanted land otherwise than on consent of the parties, the Land Commission shall serve in the prescribed manner on all the parties concerned notice of the proposal to make such amendment and shall afford to all such parties an opportunity to object to such proposed amendment. (3) Every objection duly made to a proposed amendment of a list of congested districts holdings or a list of holdings on untenanted land shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. Retention of holdings comprised in lists of holdings. 26.—The Land Commission shall have and may exercise in respect of any holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land the powers vested in and exercisable by them in relation to retained holdings under the Land Act, 1923 , and the Acts amending or extending that Act as fully as if such holding were a retained holding within the meaning of that Act. Payments by tenants of holdings. 27.—(1) Every tenant of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land shall pay to the Land Commission as from the gale day on which his rent is payable next after the date of the publication of such list an annual sum equal to the purchase annuity specified in such list in respect of such holding and such tenant shall continue to pay such sum until whichever of the following dates is applicable, that is to say:— (a) if the whole of such holding is resold to such tenant, until the gale day next after the date of the vesting order in respect of such holding; (b) if the whole of such holding is resumed by the Land Commission, until the date of such resumption; (c) if part only of such holding is resold to such tenant or if part only of such holding is resumed by the Land Commission, until such date as the Land Commission shall appoint but subject to such apportionment or variation before that date as the Land Commission shall direct; (d) if a holding is sold to such tenant in exchange for the holding hereinbefore mentioned, until the gale day next after the date of the vesting order in respect of the said holding so sold. (2) Every tenant of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land shall, on the first gale day on which a gale of the annual sum mentioned in the foregoing sub-section of this section is payable by him, pay to the Land Commission an additional sum the amount of which shall bear to the yearly amount of such annual sum the same proportion as the period between such first gale day and the next following day on which dividends are payable on stock issued under the Irish Land Act, 1903 , or the Irish Land Act, 1909 , or on land bonds (as the case may be) bears to one year. (3) Every annual sum and every additional sum payable under this section by a tenant shall be charged on the holding in respect of which it is payable and shall be so charged in priority to all interests and incumbrances (whether created before or after the passing of this Act) then affecting such holding and the Land Commission shall have for the recovery of every such sum the same remedies as they have for the recovery of unpaid instalments of purchase annuities. (4) Where the whole of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land is re-sold to the tenant thereof, all payments made by such tenant to the Land Commission in respect of the said annual sum payable by him under this section shall, from and after the date of the vesting order in respect of such holding, be treated for all purposes as payments in respect of purchase annuity. (5) Where part only of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land is re-sold to the tenant thereof, so much as the Land Commission shall direct of the payments made by such tenant to the Land Commission in respect of the said annual sum payable by him under this section shall, from and after the date of the vesting order in respect of so much of such holding as is so re-sold, be treated for all purposes as payments in respect of purchase annuity. (6) Where a holding is sold to the tenant of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land and is so sold in exchange for the said holding comprised in such list, so much as the Land Commission shall direct of the payments made by such tenant to the Land Commission in respect of the said annual sum payable by such tenant under this section in respect of the said holding comprised in such list shall, from and after the date of the vesting order in respect of the first-mentioned holding, be treated as payments in respect of purchase annuity. Vesting orders in respect of holdings. 28.—(1) The Land Commission may at any time publish in the prescribed manner a vesting order vesting any holding or part of a holding which was comprised or could under this Part of this Act have been comprised in a list of congested districts holdings or a list of holdings on untenanted land in the person named in such order subject to the purchase annuity and upon the terms and conditions stated in such order. (2) Every person named in a vesting order made under this section as the tenant of a holding or part of a holding thereby vested shall be deemed to have entered on the date of such vesting order into a purchase agreement for the purchase of such holding or such part of such holding subject to the purchase annuity and upon the terms and conditions stated in such vesting order. (3) The Land Commission shall, in respect of every vesting order made under this section, afford to all parties concerned an opportunity for making objections to such order and the Land Commissioners other than the Judicial Commissioner shall consider and decide every such objection duly made and there shall be a right of appeal to the Judicial Commissioner from every decision of the other Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court. Vesting orders in the case of exchanged holdings. 29.—Where prior to the date of a vesting order made under this Part of this Act a tenant named in such vesting order was the tenant of a holding (in this section referred to as the original holding) which is not the holding (in this section referred to as the vested holding) vested in him by such vesting order and the vested holding is stated in such vesting order to be given to him in exchange for the original holding, the following provisions shall have effect, that is to say:— (a) such tenant shall be deemed to have entered into an agreement with the Land Commission for the exchange of the original holding for the vested holding; (b) such vesting order shall operate as a surrender of the original holding to the Land Commission; (c) all incumbrances, charges, and equities affecting such tenant's interest in the original holding immediately before the making of such vesting order shall without any conveyance or any other order become and be transferred, as on and from the date of such vesting order, to the interest in the vested holding acquired by such tenant by virtue of such vesting order; (d) notwithstanding the making of such vesting order or anything contained in this section, the Land Commission shall be entitled to receive and recover from such tenant all (if any) rent or interest owing by him to them in respect of the original holding immediately before the making of such vesting order. PART IV. Miscellaneous and General. Amendment of vesting orders. 30.—(1) Where the Judicial Commissioner is satisfied, on the application of any person interested and after notice to all such persons as he shall direct and upon hearing such evidence as he shall think proper to receive, that a vesting order made under the Land Purchase Acts (including this Act) whether before or after the passing of this Act contains an error within the meaning of this section, the Judicial Commissioner may either amend such vesting order as justice may require or confirm such vesting order without amendment. (2) References in this section to errors in a vesting order shall be construed as including errors and mistakes of every kind whatsoever, whether clerical or substantial, or whether occasioned by the Land Commission or due to an error or mistake in an agreement, return, rental, statement of particulars, or other document made or prepared by a person other than the Land Commission and lodged with or furnished to the Land Commission. (3) Where the Judicial Commissioner makes an order under this section amending a vesting order, the registering authority under the Local Registration of Title (Ireland) Act, 1891, shall on the lodgment with him of an office copy of such order rectify the register under that Act as may be necessary to make such register conformable with the said vesting order as so amended. (4) Whenever the Judicial Commissioner amends a vesting order under this section he may amend any error in any list, agreement, return, or other document (whether prepared or made by the Land Commission or lodged or furnished by another person with or to the Land Commission) which in his opinion caused or contributed to the error in the said vesting order. (5) Whenever the Judicial Commissioner amends or confirms a vesting order under this section he may if he so thinks fit order payment of such compensation for or in lieu of (as the case may be) amendment of such vesting order to be made by such person (including the Land Commission) to such person as justice may require having regard to all the circumstances of the case. (6) An appeal on questions of fact, as well as on questions of law, shall lie to the Supreme Court from any order made by the Judicial Commissioner under this section. (7) In this section the expression “vesting order” includes a vesting fiat. (8) Sub-section (3) of section 32 of the Land Law (Ireland) Act, 1896 , and sub-section (6) of section 58 of the Land Act, 1923 , are hereby repealed. Registration of holdings comprised in vesting orders. 31.—(1) Whenever the Land Commission make a vesting order under this Act they shall forthwith furnish to the Registrar of Titles a copy of such order together with a map showing the several holdings comprised in such vesting order and thereupon the Registrar of Titles shall register in accordance with the Local Registration of Title (Ireland) Act, 1891, every holding comprised in such vesting order and shall register as full owner (subject as is hereinafter mentioned) of each such holding the person in whom such holding is expressed in such vesting order to be thereby vested. (2) Every person registered in pursuance of this section as full owner of a holding shall be so registered subject to the several annuities, sums, and payments and the several rights and easements subject to which such holding is vested in him by the vesting order and subject to any rights or equities arising from the interest so vested in him being a graft upon his previous interest in the holding or arising in any other manner from the existence of such previous interest. (3) Every holding comprised in a vesting order made under this Act shall, as on and from the date of such vesting order, be deemed to be registered land within the meaning of sub-section (1) of section 19 of the Local Registration of Title (Ireland) Act, 1891, and that Act shall apply to every such holding accordingly. (4) Every holding comprised in a vesting order made under this Act shall, as on and from the date of such vesting order, be exempt from the provisions of the Acts relating to the Registry of Deeds. (5) The memorial of the registration required by sub-section (4) of section 19 of the Local Registration of Title (Ireland) Act, 1891, to be given to the Registrar of Deeds shall, in the case of every holding to which that Act applies by virtue of this section, be a copy of the vesting order made under this Act in which such holding is comprised. Date of conversion into personal state. 32.—(1) Land of freehold tenure which has vested or shall hereafter vest, under the Land Act, 1923 , or any Act amending or extending that Act, in the Land Commission on the appointed day (whether such day is prior or subsequent to the passing of this Act) shall, for the purpose of determining the destination thereof or of the purchase-money thereof under any disposition whenever made or on any death whenever occurring, be deemed to become and be or, in the case of any such land which so vested in the Land Commission before the passing of this Act, to have become and been converted into personal estate on whichever of the following is the later, that is to say:— (a) the appointed day, or (b) the making of the order or the publication of the list by or in which the appointed day is fixed. (2) Every superior interest of freehold tenure in land of any tenure which has vested or shall hereafter vest, under the Land Act, 1923 , or any Act amending or extending that Act, in the Land Commission on the appointed day (whether such day is prior or subsequent to the passing of this Act) shall, to the extent to which such superior interest is redeemed under the Land Purchase Acts and for the purpose of determining the destination of such superior interest or of the redemption money thereof or of any part thereof under any disposition whenever made or any death whenever occurring, be deemed to become and be or, in the case of any such superior interest in land which so vested in the Land Commission before the passing of this Act, to have become and been converted into personal estate on the appointed day. Transfer of incumbrances to rearranged holding. 33.—Where holdings have been retained by the Land Commission and rearranged and a holding so rearranged is vested in a person who previous to such rearrangement was tenant of a holding so retained, whether such vesting is consequent upon the acceptance by such person of an offer made by the Land Commission for the sale of such rearranged holding to him or is consequent upon an order under section 34 of the Land Act, 1923 , declaring such person to be the purchaser of such rearranged holding, all charges, incumbrances, and equities which immediately before such vesting affected the tenant's interest in the said retained holding of which such person was previously tenant shall, without any conveyance or order, become and be transferred to and thenceforward affect the said rearranged holding so vested in such person. Provisions in relation to the distribution of purchase-money. 34.—(1) Notwithstanding anything contained in the Land Purchase Acts, the following provisions shall have effect in relation to the distribution of purchase-money, that is to say:— (a) the Court may after publication by advertisement or otherwise of such notice as the Court shall consider sufficient direct payment of a claim in respect of which the Court is of opinion that the title of the claimant, though imperfect, is nevertheless such as to make it improbable that any claim adverse to such first-mentioned claim could be sustained; (b) the Court shall be entitled to act on the evidence of title submitted by a claimant and it shall not be obligatory on the Court to inquire as to the existence or non-existence of any adverse estate, right, claim, or interest which is not disclosed by such evidence; (c) where a person, within the time (hereinafter referred to as the time for claiming compensation) allowed in that behalf by this section, proves to the satisfaction of the Court that he or a person from whom he derives title was entitled to participate in the distribution of purchase-money and that his or such person's right so to participate was not disclosed at the time of such distribution and that such non-disclosure was not caused or substantially contributed to by such first mentioned person or his solicitor or agent or by any person from or through whom he derives title or the solicitor or agent of any such person, such first-mentioned person shall be entitled to claim from and be paid by the Land Commission by way of compensation such sum as the Court shall fix having regard to all the circumstances of the case. (2) The time for claiming compensation under this section shall be whichever of the following times is applicable, that is to say:— (a) where the person claiming compensation was under the age of twenty-one years on the day on which the purchase-money was distributed, within six years after such person attains the age of twenty-one years; (b) where the compensation is claimed in respect of a mortgage, charge, or other incumbrance, within whichever of the following periods is the shorter, that is to say, six years from the day on which the last payment in respect of the principal of or the interest on such incumbrance was made before the making of the claim for compensation or thirty years from the day on which the purchase-money was distributed; (c) where the compensation is claimed in respect of a superior interest, within whichever of the following periods is the shorter, that is to say, six years from the day on which the last payment of rent, interest, or other income from such superior interest was m …