Land Law (Commission) Act, 1923

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LAND LAW (COMMISSION) ACT, 1923.

ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation of certain terms.

Section 2

Confirmation of powers of the Irish Land Commission.

Section 3

Appointment of Judicial Commissioner.

Section 4

Appointment of Commissioners.

Section 5

Dissolution of the Congested Districts Board.

Section 6

Transfer of jurisdiction and power of Congested Districts Board.

Section 7

Transfer of property of Congested Districts Board.

Section 8

Adaptation of pending contracts.

Section 9

Disposal of the funds of the Congested Districts Board.

Section 10

Continuation of pending proceedings by or against the Congested Districts Board.

Section 11

Adaptation of existing enactments.

Section 12

Control by Minister for Agriculture.

Section 13

Expenses of Irish Land Commission.

Section 14

Short Title and Construction.

Number 27.

LAND LAW (COMMISSION) ACT, 1923.

AN ACT TO AMEND THE LAW RELATING TO THE IRISH LAND COMMISSION AND TO DISSOLVE THE CONGESTED DISTRICTS BOARD FOR IRELAND AND TRANSFER ITS FUNCTIONS TO THE IRISH LAND COMMISSION, AND FOR OTHER PURPOSES CONNECTED THEREWITH. [24th July, 1923.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:— Interpretation of certain terms.

1.—In this Act unless the context otherwise requires— The expression “the Congested Districts Board” means the Congested Districts Board for Ireland;

The expression “the transfer date” means the date on which the administration of public services relating to land purchase was transferred as respects Saorstát Eireann to the Executive Council of Saorstát Eireann;

The expression “the Land Law Acts” means the Land Law Acts as defined by the Irish Land Act, 1909 ;

The expression “the Land Purchase Acts” means the Land Purchase Acts as defined by the Irish Land Act, 1909 , together with any subsequent Act now in force which is by its terms to be construed as one with the Land Purchase Acts;

The expression “the Congested Districts Board (Ireland) Acts” shall have the same meaning as in the Irish Land Act, 1909 , but shall include Part III. of that Act.

Confirmation of powers of the Irish Land Commission.

2.—(1) Notwithstanding the provisions of Part III. of the Second Schedule to the Irish Free State (Consequential Provisions) Act, 1922, whereby the office of Commissioner of the Irish Land Commission ceased to exist as from the transfer date, the Irish Land Commission shall be deemed to have had since the transfer date continuous corporate existence in Saorstát Eireann and shall, from and after the passing of this Act, consist of a Judicial Commissioner and such number of other Commissioners as the Executive Council of Saorstát Eireann shall consider requisite.

Appointment of Judicial Commissioner.

3.—Until the establishment of Courts pursuant to Article 64 of the Constitution of Saorstát Eireann, Sub-section (5) of

Section 28

of the Purchase of Land (Ireland) Act, 1891 , shall apply to the office of Judicial Commissioner under this Act, and from and after the establishment of such Courts a Judge of the High Court shall be assigned, in such manner as shall be prescribed by law, to discharge the office of Judicial Commissioner under this Act.

Appointment of Commissioners.

4.—(1) The Commissioners (other than the Judicial Commissioner) of the Irish Land Commission shall be appointed by the Executive Council of Saorstát Eireann.

Section 28

of the Purchase of Land (Ireland) Act, 1891 , as provides that each Commissioner of the Irish Land Commission shall hold his office by the same tenure as if he was a County Court Judge in Ireland shall not apply to Commissioners appointed under this section.

Dissolution of the Congested Districts Board.

5.—Immediately upon the passing of this Act the Congested Districts Board shall stand dissolved, and thereupon every officer and person then in the employment of the Congested Districts Board shall be transferred to the employment of the Irish Land Commission, and shall, for the purposes of the Superannuation Acts, 1834 to 1919, be deemed to have been paid from moneys provided by Parliament or the Oireachtas throughout their service under the Congested Districts Board within the meaning of

Section 17

of the Superannuation Act, 1859 , and the pensionable service under the Congested Districts Board of such officers and persons as are pensionable pursuant to the provisions of any scheme made under

Section 52

of the Irish Land Act, 1909 , shall for the purposes of

Section 2

of the Superannuation Act, 1909 , be deemed to have been service in the permanent Civil Service of the State.

Transfer of jurisdiction and power of Congested Districts Board.

6.—(1) There shall be transferred to and vested in the Irish Land Commission immediately on the passing of this Act all and every jurisdiction, power and duty which, immediately before the passing of this Act, appertained to or were by any means vested in the Congested Districts Board under or by virtue of the Congested Districts Board (Ireland) Acts and were situate or exercisable within the area of Saorstát Eireann.

Section 46

of the Irish Land Act, 1909 , were in derogation of the jurisdiction or powers of the Irish Land Commission exercisable in respect of land so situate or were more limited in any respect than the jurisdiction or powers of the Irish Land Commission in respect of land not so situate, the Irish Land Commission shall in addition to the jurisdiction and powers aforesaid of the Congested Districts Board, have in respect of lands so situate all the jurisdiction and powers which on the transfer date were vested in the Irish Land Commission in respect of land so situate, or of land not so situate.

Transfer of property of Congested Districts Board.

7.—(1) Immediately upon the passing of this Act all lands, tenements and hereditaments situate in Saorstát Eireann which were vested in or held in trust for the Congested Districts Board immediately before the passing of this Act shall, without any conveyance thereof, become and be vested in the Irish Land Commission for all the estate and interest for which the same lands, tenements and hereditaments were respectively held by or for the Congested Districts Board.

Adaptation of pending contracts.

8.—(1) Every deed and every contract and agreement in writing made before the passing of this Act with or by any person by or with the Estates Commissioners of the Irish Land Commission or the Congested Districts Board shall, if and so far as the terms and provisions of such deed, contract or agreement are not fully executed and completed, be construed and read as if the name of the Irish Land Commission was substituted in such deed, contract or agreement for the name of the Estates Commissioners or the Congested Districts Board as the case may require.

Disposal of the funds of the Congested Districts Board.

9.—(1) From and after the passing of this Act the following existing statutory provisions shall cease to have effect, that is to say— (a)

Section 5

of the Congested Districts Board (Ireland) Act, 1899 ; (b)

Section 38

of the Irish Land Act, 1903 , in so far as it provides for the payment of the sum of £20,000 to the Congested Districts Board in each financial year; (c)

Section 49

of the Irish Land Act, 1909 , in so far as it provides for the payment to the Congested Districts Board of the annual sum of £144,750 (being the residue of the annual sum of £163,750 mentioned in that section remaining after payment of the annual sum of £19,000 to the Department of Agriculture and Technical Instruction).

Section 38

of the Irish Land Act, 1903 , to the Congested Districts Board.

Section 35

of the Purchase of Land (Ireland) Act, 1891 , shall be paid to the Irish Land Commission and applied as an appropriation in aid of the vote for the Irish Land Commission.

Continuation of pending proceedings by or against the Congested Districts Board.

10.—In all suits, matters and proceedings to which the Congested Districts Board is a party and which at the passing of this Act are pending in any Court in Saorstát Eireann, the Irish Land Commission shall on the passing of this Act become and be a party in the place of the Congested Districts Board, and every such suit, matter and proceeding shall be continued between the Irish Land Commission and the other parties thereto accordingly.

Adaptation of existing enactments.

11.—(1) Every mention of or reference to the Judicial Commissioners or the Commissioners of the Irish Land Commission or to any of them contained in any Act or Order to which this section applies, shall, subject and without prejudice to the provisions of this Act and unless the context otherwise requires, be construed and take effect as a mention of or reference to the Judicial Commissioner appointed under this Act or the Judge for the time being executing his office or the Commissioners or a like number of Commissioners appointed under this Act, as the case may require.

Control by Minister for Agriculture.

12.—The Irish Land Commission shall, in the exercise of such of its powers and duties as are of an administrative or executive nature, be subject to the control of the Minister for Agriculture.

Expenses of Irish Land Commission.

13.—The salaries or remuneration of the members, officers, and staff of the Irish Land Commission and all moneys required by the Irish Land Commission for the exercise of the powers or performance of the duties heretofore exercised or performed by the Congested Districts Board and all such other expenses of carrying this Act into effect shall to such extent as shall be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.

Short Title and Construction.

14.—(1) This Act may be cited as the Land Law (Commission) Act, 1923.

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