80 Provisions with respect to sanction of advances
Where an application is made to the Land Commission for an advance under the Land Purchase Acts to a person purchasing any land from the Congested Districts Board, and that Board certify that the land is in their opinion sufficient security for the repayment of the advance, the Land Commission shall sanction the advance.
81 Irrecoverable arrears of annuities to be paid out of interest on Church Surplus Grant
If at any time the arrears of any purchase annuity payable in respect of an advance, sanctioned in pursuance of a certificate of the Congested Districts Board, are declared by the Land Commission to be irrecoverable, that Board shall pay, out of the interest on the Church Surplus Grant, to the Land Purchase Account, the amount of those arrears.
82 Amendment of 1 Edw.7 c.34 as to request by tenants, and order respecting charges, &c
(1) The Congested Districts Board may exercise the powers conferred on them by section one of the Congested Districts Board (Ireland) Act, 1901, on a request made by not less than three-fourths in number and rateable value of the tenants of holdings situate on any townlands which would be affected by the exercise of those powers in the event of the request being acceded to.
(2) The provisions of the said section one as to an order of the county court respecting charges, liabilities, and equities affecting a tenant's interest in a holding shall apply where, with the consent of a tenant, the area of his holding is altered, or he is put into possession of a new holding, by the Congested Districts Board.
83 Resumption of holdings by Congested Districts Board
The resumption of a holding during the continuance of a statutory term by the Congested Districts Board may be authorised under subsection six of section five of the Act of 1881 for the purposes of migration or the enlargement of holdings, in addition to the purposes specified in that subsection.
The Under Secretary to the Lord Lieutenant shall be ex-officio a member of the Congested Districts Board in lieu of the member of the Land Commission nominated under subsection one of section thirty-four of the Act of 1891.
Section eighteen of the Agriculture and Technical Instruction (Ireland) Act, 1899, which makes provision with respect to congested districts counties, is hereby repealed.
(1) The Lord Chancellor may nominate any Judge of the High Court, other than the Lord Chief Justice and the Master of the Rolls, to act, for the time specified by him, as an additional Judicial Commissioner of the Land Commission for the purpose of hearing appeals under the Land Law Acts, and the Judge so nominated shall, during that time, have the same jurisdiction as the Judicial Commissioner appointed under the Act of 1881.
(2) A Judge of the High Court appointed before the first day of January one thousand nine hundred and two shall not without his own consent be nominated under this section.
(3) The Honourable Gerald FitzGerald, one of the Land Commissioners, shall, for the purposes of the Land Law Acts and Land Purchase Acts, but not further or otherwise, in addition to his existing powers, have all the jurisdiction and powers of a Judicial Commissioner, with the same rank and tenure of office as if he had, at the commencement of this Act, been appointed a Judicial Commissioner under the Act of 1881, and shall be entitled to a superannuation allowance calculated on a salary of two thousand five hundred pounds and otherwise in accordance with the provisions of the Superannuation Acts, 1834 to 1892.
(4) The Right Honourable Frederick Stringer Wrench shall, if he is nominated as an Estates Commissioner, be paid, in addition to his present salary, a salary of five hundred pounds out of money provided by Parliament.
(5) Murrough O'Brien, esquire, one of the Land Commissioners, and the two Estates Commissioners appointed by His Majesty, shall be entitled to superannuation allowances in accordance with the provisions of the Superannuation Acts, 1834 to 1892.
A sub-commission shall, for the purpose of hearing any application Under the Land Law Acts, consist of one legal assistant commissioner and one lay assistant commissioner.
(1) Any person aggrieved by any order made, under the Land Law Acts, by one Commissioner, not being a Judicial Commissioner, or by a sub-commission, may apply for "a re-hearing to the Land Commission, and that Commission may confirm, modify, or reverse such order.
(2) All appeals under section forty-seven of the Act of 1881 or re-hearings under this section, and all re-hearings in pursuance of requisitions under section forty-four of the Act of 1881, shall be heard and determined by one Judicial Commissioner, with the assistance of one specially qualified lay assessor, who shall hear the evidence and, on the application of either of the parties, inspect the holding, and report thereon to the Judicial Commissioner in the prescribed manner.
(3) On the hearing of any appeal, or on any re-hearing, notice of which is lodged after the commencement of this Act, evidence which could have been, but was not, produced in the court below, shall be admitted on special grounds only, and not without special leave of the Judicial Commissioner who hears the appeal or re-hearing.
(4) In the case of any appeal or re-hearing, where an issue of fact is raised which was raised before the court below, and the Judicial Commissioner who hears the appeal or re-hearing is satisfied that the appellant did not produce before that court material evidence on that issue which was in his possession or within his procurement, he may, order the appellant to pay the whole, or such portion as he may think fit, of the costs of the appeal or re-hearing.
(5) Rules under section fifty of the Act of 1881 may be made by the Judicial Commissioners with the approval of the Lord Chancellor with respect to the proceedings under this section in appeals and re-hearings, and those rules shall among other things provide for an ad valorem scale of fees to be paid on notices of appeal or re-hearing.
General orders may be made by the Judicial Commissioners, with the approval of the Lord Lieutenant and the Treasury, for the framing of lists of persons of skill and experience in agriculture to act as assessors under this Part of this Act, and for the ascertainment of their functions and remuneration, and every person for the time being named in any such list shall give his attendance according to general orders.
Where, by reason solely of the non-publication of the average prices of produce in the Dublin Gazette, it has become impossible, in the absence of other provision, to determine the amount by which any variable rent, calculable upon an average of prices, should be varied, sections two and three of the Tithe Rent-charge (Ireland) Act, 1900, shall apply as from the commencement of this Act in the case of such variable rents, and the words " tithe rent-charge," in the said sections, shall be deemed to include any variable rent as aforesaid.
In the construction of subsection three of section five of the Act of 1896, the words " tenants in common " shall be deemed to include two or more persons between whom the holding is divided.
92 Amendment of 44 & 45 Vict. c.49 s.50(3) as to time within which address may be presented
The period within which an address may be presented in respect of rules under section fifty of the Act of 1881, or under that section as amended by any enactment, shall be forty days instead of one hundred days.
The expression "agricultural labourer" in the Labourers (Ireland) Acts, 1883 to 1896 and this Act shall include any person (other than a domestic or menial servant) working for hire in a rural district whose average wages, in the year preceding the lodgement of any representation under the Labourers (Ireland) Acts, 1883 to 1896, affecting him, do not exceed two shillings and sixpence a day, and who is not in occupation of land exceeding one quarter of an acre.
94 Locality suggested by signatories of representation to be taken into consideration
Before a sanitary authority provide in any improvement scheme for the erection of new buildings in any locality, other than that suggested by the persons who signed the representation in pursuance of which the scheme is framed, they shall take into consideration the wishes of those persons as specified in the representation.
95 Compensation to agricultural labourers for wrongful dismissal in certain cases
Where any agricultural labourer has made, or concurred in the making of, a representation under the Labourers (Ireland) Acts, 1883 to 1896, and within twelve months thereafter is dismissed from his employment, he may apply to the county court judge for compensation, on the ground that he has been dismissed by reason of his having made, or concurred in making the representation, and, if in the opinion of the county court judge he was dismissed for the reason aforesaid, the county court judge may award him compensation not exceeding three months' wages.
96 Scheme under Labourers Acts to be framed by Land Commission
(1) Where the Land Commission have purchased an estate, or where application is made to the Commission to sanction advances for the purchase of holdings comprised in an estate, they shall make inquiry as to whether accommodation is needed for labourers on the estate, and, if of opinion that such accommodation is needed, they shall frame a scheme providing therefor.
(2) Every such scheme shall be forwarded to the Local Government Board for Ireland and the council of the rural district in which the land comprised in the scheme is situate, and shall be deemed a representation made to the council under the Labourers-(Ireland) Acts, 1883 to 1896, and those Acts shall apply accordingly.
A representation under the Labourers (Ireland) Acts, 1883 to 1896, shall mean a representation signed by not less than six persons, each one of whom is either rated for the relief of the poor within the sanitary district or is included in the definition of an agricultural labourer contained in the said Acts as amended by this Act.
In this Act, unless the context otherwise requires,—
(1) The expression " estate " in Part One of this Act means any lands which the Estates Commissioners may declare fit to be regarded as a separate estate for the purposes of this Act, and the said expression in Part Two of this Act has the same meaning, with the substitution) of the Congested Districts Board for the Estates-Commissioners :
The expression " prescribed, " in any case not otherwise provided for, means prescribed by rules made by the Land Commission in the manner directed by subsection six of section twenty-nine of the Act of 1891 :
The expression " demesne " includes any mansion house or .other buildings thereon:
The expression " vesting order " includes fiat:
The expressions " Registry of Deeds " and " Registry of Judgments " have the same meanings respectively as in the Local Registration of Title (Ireland) Act, 1891 :
The expression " the Land Purchase Acts " includes Part Three of the Act of 1896, the Purchase of Land (Ireland) Act, 1901, the Purchase of Land (Ireland) No. 2, Act, 1901, and Part One of this Act:
The expression " the Land Law Acts " means the Land Law Acts as defined by the Act of 1896 and Part One; of that Act:
The expression " the Act of 1881 " means the Land Law (Ireland) Act, 1881 ;
The expression " the Act of 1885 " means the Purchase of Land (Ireland) Act, 1885 :
The expression " the Act of 1887 " means the Land Law (Ireland) Act 1887:
The expression " the Act of 1891 " means the Purchase of Land (Ireland) Act, 1891 ; and
The expression " the Act of 1896 " means the Land Law (Ireland) Act, 1896:
The expression " the Public Works Acts " means the Drainage and Navigation (Ireland) Acts, 1842 to 1857 ; the Drainage and Improvement (Ireland) Acts, 1863 to 1892 ; the Fisheries (Ireland) Act, 1846 ; the Landed Property and Improvement (Ireland) Act, 1847, and any Act or enactment extending, amending, applying, or incorporating the said Acts or any of them or any part thereof ; and the Drainage Maintenance Act, 1866.
(2) The expression " superior interest, " in the Land Purchase Acts, shall include any reversion or estate expectant on the determination of an estate tail or a base fee, whether such reversion or estate is or is not vested in the Crown.
Nothing in this Act shall affect—
(a) Any sporting rights, mineral rights, or water rights which are not in the possession or enjoyment of the vendor at the time of sale;
(b) Any mine or quarry which is being worked or developed by the vendor at the time of sale; or
(c) Any right to water power in actual use by the vendor at the time of sale.
(1) Part One of this Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.
(2) Part Two of this Act shall be construed as one with the Congested Districts Board (Ireland) Acts and may be cited with those Acts.
(3) Part Three of this Act shall be construed as one with the Land Law Acts and may be cited with those Acts.
(4) Part Four of this Act shall be construed as one with the Labourers (Ireland) Acts, 1883 to 1896, and may be cited with those Acts.
Section 103.
Session and Chapter. | Short Title. | Extent of Repeal.
44 & 45 Vict. c. 49. | The Land Law (Ireland) Act, 1881. | Section twenty-six so far as unrepealed except subsection
In subsection five from " The land commission may" to the end of the subsection.
Section twenty-seven.
Section thirty-four so far as unrepealed except subsection five.
Section forty-four from "with this" to the end of the section.
Section forty-seven from " all appeals" to " Judicial Commissioner."
48 & 49 Vict. c. 73. | The Purchase of Land, (Ireland) Act, 1835. | Section five down to " for an advance."
Section seven.
50 & 51 Vict. c. 33. | The Land Law (Ireland) Act, 1887. | In section sixteen from " if the parties consent" to "apply to the Land Commission."
54 & 55 Vict. c. 48. | The Purchase of Land (Ireland) Act, 1891. | Section three.
In subsection one of section thirty-four, from " a member" to "forestry" and the words "the Chief Secretary" when absent shall be replaced by the Under Secretary to the " Lord Lieutenant."
Subsections three, four, five, and six of section thirty-six.
54 & 55 Vict. c. 71. | The Labourers (Ireland) Act, 1891. | Section three.
58 & 60 Vict. c. 47. | The Land Law (Ireland) Act, 1896. | In section twenty-nine subsection three.
In section forty-three subsections one to five, save as regards agreements for purchase made before the passing of this Act.
62 & 63 Vict. c. 18. | The Congested Districts Board (Ireland) Act, 1899. | Section three, save as regards agreements for purchase made before the pissing of this Act.
1 Edw. 7. c. 3. | The Purchase of Land (Ireland) Act, 1901. | In section one subsections two and three.