LAND ACT, 1923

• (a) if Part IV. of the Local Registration of Title (Ireland) Act, 1891, applies to the holding and the registered owner (being registered as full owner) is dead, to his legal personal representative;

• (b) if the registered owner is an infant, lunatic or person of unsound mind, to any person by whom he may be represented for any of the purposes of the Local Registration of Title (Ireland) Act, 1891; and

• (c) if a representative of a registered owner is appointed by the County Court for the purposes of this section, to that representative.

• (7) The County Court shall have power to appoint a representative of the registered owner of a holding for the purposes of this section when it appears to the Court, on the application of the Land Commission or any person interested, that the registered owner is a person not resident in Saorstát Eireann or a person as to whom it is not known whether he is alive or dead, and that it is to the advantage of the persons interested in the holding that it should be exchanged for a new holding under this section. Application to the County Court and the practice and procedure thereon may be regulated by rules of Court.

47 Ancient Monuments.

47.—The definition of ancient monuments contained in section 14 of the Irish Land Act, 1903, shall include any monument which in the opinion of the Land Commission is of archaeological interest and shall where the Land Commission so declare also include the site of the monument and such portion of the land adjoining it as is necessary to prevent injury and afford access.

PART III.—THE NATIONAL LAND BANK, LIMITED.

48 Application of this Part of the Act.

48.—The provisions of Part II. of this Act shall not, save as provided in this Part of this Act, apply to any lands which have been purchased by a co-operative farming society (in this Part of this Act called a Society), or by a body of trustees, by means of advances made by the National Land Bank, Limited (in this Part of this Act called the Bank), and which, at the date of the passing of this Act, are subject to a charge for repayment of such advances, or any part thereof.

49 Vesting in Land Commission on appointed day.

49.—All land purchased by a Society or body of trustees, by means of an advance made by the Bank, shall, if any part of the advance is unpaid, vest in the Land Commission on the appointed day, in like manner, and with the like consequences, as if vesting orders under the Land Purchase Acts had been made on the appointed day in respect thereof, in pursuance of subsequent purchase agreements entered into by the Land Commission with the Society or body of trustees, at the price fixed under the provisions contained in this Part of this Act.

50 Information required from the Bank by Land Commission.

50.—The Bank shall furnish in writing to the Land Commission particulars of the lands so purchased, of the portion of the purchase money (if any) deposited with them by the Society or body of trustees, of the advance made by them for the purchase thereof, of the amount due them in respect of such advance, and of the superior interests and other charges (if any), subject to which the lands were purchased by the Society or body of trustees, together with such other particulars as the Land Commission may require and prescribe, and shall lodge with the Land Commission such deeds, documents and maps as may be necessary for the purpose of verifying the particulars so furnished.

51 Advertisement by Land Commission of lands acquired.

51.—The Land Commission shall, from time to time, publish notices containing particulars of the lands so purchased, and of the superior interests and other charges, including the charge for the repayment of the advance due to the Bank, subject to which they were purchased, and such notices shall prescribe the time within which, and the manner in which, objections to such notices may be made, by reason of the inclusion or non-inclusion therein of any lands, or the omission or mis-description of any such superior interest or charge, as aforesaid.

52 Ascertainment of purchase price.

52.—The Land Commission (other than the Judicial Commissioner) shall consider all objections duly made, and there shall be a right of appeal to the Judicial Commissioner, whose decision shall be final. The Judicial Commissioner shall, if he is satisfied that prior to the date of the passing of this Act the Society or body of trustees had a good title to the lands so purchased, free from incumbrances, save the charge securing the repayment of the advance due to the Bank, and any superior interests or Land Purchase Annuities, ascertain the superior interests issuing out of the lands, and shall fix the redemption price of all such superior interests and annuities, and shall also ascertain the amount due for principal (without giving credit for the deposit, if any, lodged with the Bank by the Society or body of trustees) and interest on foot of the charge securing the repayment of the advance due to the Bank, and shall fix the price of the lands at such sum as shall be sufficient to redeem and pay off all such superior interests and annuities, and the charge securing the repayment of the advance due to the Bank, together with such costs as may be allowed by him. When the Bank shall have lodged with the Land Commission such deposit as aforesaid the price so ascertained, of which one-eleventh shall be contributed by the State, shall be paid in 4½ per cent. Land Bonds on the appointed day.

53 Provisions as to deposits by a Society or body of trustees.

53.—The deposit when lodged with the Land Commission shall be invested by them, and the income from such investments so far as not required to recoup the Land Commission for unpaid instalments of purchase annuities (if any) in respect of the advance made to the Society or body of trustees under this Part of the Act, by whom the deposit, was originally made with the Bank, shall be paid to such Society or body of trustees until the deposit is utilised otherwise by the Land Commission or repaid in whole or in part to the Society or body of trustees under the following provisions, namely:—

• (a) It shall be lawful for the Land Commission at any time before the advance is certified to be repaid, if they are not satisfied with the security for the same, or if the purchase annuities have been allowed to fall into arrear, to utilise the whole or part of the deposit in redemption pro tanto of the advance;

• (b) It shall be lawful for the Land Commission at any time, if they are satisfied that the deposit is not required as security for the advance to repay the whole or any part thereof to the Society or body of trustees who originally lodged the same with the Bank or to their lawful successors;

• (c) Such part of the deposit as shall not have been utilised under the foregoing paragraphs shall, when so much of the advance as is equivalent to the value of the deposit remaining with the Land Commission shall be certified to have been repaid, and provided that the Land Commission are satisfied with the security for the unredeemed portion of the advance, be repaid to the Society or body of trustees who originally lodged the same with the Bank or to their lawful successors.

54 Conditions of resale to the Societies.

54.—Subject to the provisions hereinafter contained, each Society or body of trustees, which on the appointed day was in occupation of lands so purchased and vested in the Land Commission under the provisions of this Part of this Act, shall be deemed, on the appointed day, to have entered into a subsequent purchase agreement with the Land Commission for the purchase of the lands from them, at a price equivalent to ten-elevenths of the price fixed under the provisions of the foregoing section.

There shall be payable by the Society or body of trustees to the Land Commission an annual sum, calculated at the rate of 4¾ per cent. upon the sum for which the Society or body of trustees is deemed to have agreed to purchase the lands, from the appointed day until the gale day next after the vesting of the lands in the Society or body of trustees, or until the cesser and determination of the interest of the Society or body of trustees in the lands.

The Land Commission shall have for the recovery of such annual sum the same remedies as they have for the recovery of unpaid instalments of purchase annuity.

There shall be payable by the Society or body of trustees to the Land Commission, on the gale day on which the first instalment of the said annual sum shall become payable by them, an additional sum, equivalent to a proportion of the said annual sum, in respect of the period between the said gale day and the day on which the next dividends are payable on Land Bonds issued under this Act. The Land Commission shall have for the recovery of such additional sum the same remedies as they have for the recovery of unpaid instalments of purchase annuity.

All payments made by a Society or body of trustees after the appointed day on foot of the annual sum payable to the Land Commission under this section shall, from and after the vesting of the parcel in them be treated for all purposes as if they had been payments in respect of purchase annuity.

55 Vesting of the lands in the Societies.

55.—(1) After the appointed day, where the Land Commission are satisfied that lands so purchased and vested in the Land Commission have been properly managed, after the methods of good husbandry, and that the Society or body of trustees is properly constituted under the rules governing such Societies, or the Deed of Trust appointing such trustees and approved by the Land Commission, and has conducted its affairs according to such rules or such deed, and has not done or suffered any act, by reason of which the Society is liable to be wound up or dissolved or the body of trustees is liable to be declared bankrupt or insolvent, the lands shall be vested in the Society or body of trustees by means of a vesting order or otherwise.

• (2) Where the Land Commission are not satisfied that the foregoing conditions have been fulfilled, and so declare in the prescribed manner, then the interest of the Society or body of trustees in the lands shall absolutely cease and determine, and the lands shall be retained by the Land Commission, as if they had been untenanted lands vested in the Land Commission under the provisions of Part II. of this Act.

56 Non-application of Costs Fund.

56.—The provisions contained in Part I. of this Act as to the Costs Fund shall not apply to proceedings under this Part of this Act.

PART IV.—LOCAL REGISTRATION OF TITLE.

57 Rules as to registration on exchange of holdings.

57.—(1) Rules may be made under section ninety-four of the Local Registration of Title (Ireland) Act, 1891 (in this Part of this Act called the Act of 1891) regulating the procedure to be adopted in connection with the registration of lands dealt with under the provisions of this Act relating to the exchange of holdings, and prescribing such method of registration and making such adaptation or modifications of any enactment relating to registration as may be required for the purpose of giving effect to the provisions aforesaid.

• (2) Section ninety-three of the Act of 1891 (which relates to the application of the Insurance Fund) shall not apply to losses arising from anything done in the execution of the provisions aforesaid of this Act, or of the rules made under this section.

58 Power to register lands with a qualified or possessory title.

58.—(1) Where the registration of the ownership of land, the registration of which is compulsory under the Act of 1891, has not been effected, the Land Commission or the Commissioners of Public Works in Ireland may furnish to the Registrar of Titles the prescribed particulars respecting that land and the name of the person appearing to them to be in possession thereof, and the registering authority shall thereupon register that person as the owner of that land with a possessory or qualified title.

• (2) The first registration of any person as full or limited owner with a possessory title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a possessory title shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first registered owner or subsisting or capable of arising at the time of such first registration.

• (3) The first registration of any person as full or limited owner with a qualified title shall have the same effect as the first registration of a person as full or limited owner under the Act of 1891, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right, or title appearing by the register to be exempted from the effect of registration.

• (4) The registered owner and such other persons as may be prescribed, may at any time apply to the registering authority to ascertain the full title to the lands, and to enter on the register the burdens thereon and the rights and interest therein, which have not been affected or prejudiced by the registration of the ownership, with a possessory or qualified title, and the registering authority shall thereupon ascertain and enter on the register such burdens, rights and interests, and shall cancel on the register the registration, with qualified or possessory title, and thereupon the registration shall have the same effect as registration of a full or limited owner under the Act of 1891.

If it is found on the examination of any application that registration with a qualified title only can be effected, registration with such title may be made.

• (5) Rules under the Act of 1891 may be made for carrying into effect the object of this section and the expression “prescribed” in this section means prescribed by such rules. Office fees shall not be payable for the first registration of any title under this section.

• (6) The power of the Court or the Land Commission under sub-section (2) of section thirty-four of the Act of 1891, and sub-section (3) of section two of the Land Law (Ireland) Act, 1896, to correct errors in the registration of land, and to rectify the register and vesting order or fiat if in their opinion the error can be corrected without injury to any person, shall include power to make such correction and rectification notwithstanding that some person is thereby injured, upon such terms and conditions as appear to the Court or the Land Commission to be equitable, including, if necessary, compensation for such injury.

59 Power to register with a qualified or possessory title land acquired under Labourers Acts.

59.—Where at any time land has been acquired under the Labourers (Ireland) Acts, 1883 to 1919, the registering authority shall, on the application in the prescribed manner by any public body appearing to be in possession thereof, register such public body as the owners of that land with a possessory or qualified title, and the provisions of this Part of this Act as to persons so registered under that section shall apply to registration under this section.

60 Transmission on death of land resold to an owner.

60.—Notwithstanding the provisions of sub-section (6) of section three of the Irish Land Act, 1903, all lands which have been or hereafter shall be resold to the owners thereof under the provisions of that section, or which shall be resold to the owners thereof under this Act, shall be subject to the provisions of Part IV. of the Act of 1891 relating to the devolution of freehold registered land.

61 Registration of a nominated proprietor.

61.—Where the Land Commission nominates a person to be proprietor of a holding under the powers conferred by sub-section (1) (c) of section fifty-four of the Irish Land Act, 1903, such person shall be registered as proprietor of the holding subject to such claims and charges as would affect the estate or interest of the personal representative of the deceased proprietor, and thereupon all persons interested in the holdings may apply to the registering authority in the prescribed manner to have their claims ascertained and registered as charges against the holding.

62 Power of Land Commission to resell before registration of their title.

62.—Notwithstanding any provisions to the contrary in the Land Purchase Acts, the Congested Districts Board (Ireland) Acts, or the Act of 1891, contained, the Land Commission may resell any lands vested in them under the Land Purchase Acts, or as successors to the Congested Districts Board for Ireland, without being registered as owners thereof under the Act of 1891.

63 Death of a purchaser before vesting or registration.

63.—(1) A vesting order or fiat shall not be void by reason of the death, before the execution thereof, of the person in whom the lands comprised therein are purported to be vested, but shall be effectual to vest, and shall be deemed always to have vested, the said lands in the personal representative (when raised) of such person to such uses and upon such trusts as the lands would have stood limited had they been vested in such person immediately prior to his death.

• (2) The first registration of land the registration of which is compulsory under the Act of 1891 shall be and shall be deemed always to have been a valid entry of the lands on the register under the said Act notwithstanding that the owner was dead at the date of such first registration and the person entitled to the lands on the death of such deceased owner shall be entered on the register as owner on application to the registering authority.

PART V.—GENERAL.

64 Prohibition of fixing of judicial rents.

64.—After the passing of this Act no application or agreement to fix a judicial rent under the Land Law (Ireland) Acts in respect of any holding shall be listed for hearing or filed.

65 Prohibition of sub-division and letting.

65.—(1) Where the Land Commission have after the date of the passing of this Act made any advance for the purchase of a holding or parcel, the proprietor thereof shall not sub-divide or let the holding or parcel without the consent of the Land Commission, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons, and on any such contravention the holding or parcel shall at the option of the Land Commission vest in them.

• (2) In the case of any holding which is subject to any charges in respect of an annuity in favour of the Board of Works created in pursuance of the Landlord and Tenant (Ireland) Act, 1870, so much of the 44th and 45th sections of the said Act as prohibits, without the consent of the Board, the alienation, assignment, sub-division or sub-letting of a holding charged as in the said sections mentioned and declares that, in the event of such prohibition being contravened, the holdings shall be forfeited to the Board, and also so much of section 2 of the Landlord and Tenant (Ireland) Act, 1872, as relates to the sale of holdings in lieu of forfeiture, shall be repealed and the prohibitions contained in sub-section (1) of this section against sub-division and letting shall henceforth apply to all such holdings as if they had been contained in the said Acts of 1870 and 1872, but only during such time as any part of the annuity charged on such holding remains unpaid.

• (3) Where the proprietor sub-divides his holding for a limited period by way of family arrangement or for other similar reason the Land Commission from time to time may by general regulations authorise the registering authority to register the person claiming under any instrument executed by the proprietor which creates such temporary sub-division and shall be deemed to have assented to any sub-division to which effect has been given by registration pursuant to such regulations.

66 Consolidation of holdings.

66.—(1) The Land Commission may, with the consent of the registered owner of two or more holdings, subject to purchase annuities, consolidate the holdings and the annuities in accordance with regulations made by the Minister for Finance.

• (2) In any case where, pursuant to sub-section (3) of section 67 of the Irish Land Act, 1903, a holding subject to a purchase annuity and a portion of land charged with a portion of another purchase annuity are deemed to be one holding, the purchase annuity and the portion of the other purchase annuity shall be deemed to be one purchase annuity and shall be consolidated in accordance with regulations to be made by the Minister for Finance.

67 Power to nominate a representative of a purchaser.

67.—Where a purchase agreement has been entered into or is deemed to have been entered into by a tenant of a holding, and owing to the death or absence of a tenant or otherwise, a difficulty arises in ascertaining in whom the tenancy of the holding is vested, the Land Commission may nominate a person to represent the tenant for the purposes of the sale, and may vest the holding in him accordingly, but the interest so vested shall be a graft upon the interest of the tenant and of the representative in whom the holding is vested, and shall be subject to any rights or equities arising from its being such graft.

68 Persons under disability.

68.—Every person who, for the purposes of this Act, is deemed to have entered into a purchase agreement shall be deemed to have been capable of entering into such agreement notwithstanding infancy or lunacy, or any other disability to which he may have been subject.

69 Advances to trustees for the purpose of tillage.

69.—(1) The provisions of sections 4 and 20 of the Irish Land Act, 1903, and of Section 18 of the Irish Land Act, 1909, shall be extended so as to include tillage as one of the purposes for which advances may be made under those sections and it shall be lawful for the Minister for Agriculture to amend and frame schemes so as to include this purpose.

• (2) So much of section 20 of the Irish Land Act, 1903, as requires provisions for appeals to the Lord Lieutenant to be inserted in any such scheme and so much of any scheme as provided for such appeals shall cease to have effect, and the other powers declared in the said sections to be exercisable by the Lord Lieutenant and the Department of Agriculture shall be exercised by the Minister for Agriculture in the case of all existing schemes as well as in the case of future advances and schemes.

• (3) Any person aggrieved by any act or omission of any trustees in carrying into effect a scheme for the user of land framed or approved under section 20 of the Irish Land Act, 1903, may take proceedings in the County Court by way of equity civil bill for the execution of the trusts of the scheme, and the jurisdiction of the County Court shall extend to any such proceedings notwithstanding that the land subject to the trusts exceeds thirty pounds in annual value.

• (4) It shall be lawful for a County Borough Council or an Urban District Council or Town Commissioners to purchase any parcel of land under section 4 of the Irish Land Act, 1903, for any of the purposes mentioned in that section as extended by sub-section (1) of this section, save for the purposes of the Labourers (Ireland) Acts, 1883 to 1896, and any such Council or Town Commissioners may act as trustees for those purposes and may obtain advances for the purchase, and the provisions of section 18 of the Irish Land Act, 1909, shall apply to any such purchase as if County Borough Councils, Urban Councils and Town Commissioners were mentioned in that section.

The amounts required for payment of the instalments of the purchase annuity for, lands purchased by a County Borough Council or an Urban Council under this section shall be defrayed out of the poor-rate, and for lands purchased by Town Commissioners under this section out of the town rate.

70 Appointed day.

70.—For the purposes of this Act the appointed day shall be such day or days as may be fixed by the Land Commission and different days may be fixed for different provisions and different purposes of this Act and for different holdings or groups of holdings and different parcels or groups of parcels of untenanted land.

71 Certain provisions of previous enactments to cease to have effect.

71.—(1) After the passing of this Act, sub-section (3) of section 72 of the Irish Land Act, 1903, sub-section (1) of section 29, and sub-section (3) of section 30 of the Irish Land Act, 1909, in respect of improvements effected by the Congested Districts Board or the Land Commission, shall cease to have effect

• (2) After the passing of this Act the provisions of sub-section (3) of section 36 and sub-section (2) of section 72 of the Irish Land Act, 1903, in so far as they relate to the payments on account of sinking fund after the expiration of five years from the vesting of land in the Land Commission or the purchase of land by the Congested Districts Board shall cease to have effect as regards land purchased by the Land Commission or the Congested Districts Board under any Act prior to this Act.

72 Powers of the Board of Works to apportion annuities.

72.—The powers for the apportionment of an annuity or the discharge of portion of a holding from liability in respect of an annuity conferred on the Land Commission by sub-section (3) of section 38 of the Land Law (Ireland) Act, 1896, as extended by sub-section (1) of section 67 of the Irish Land Act, 1903, may me exercised by the Commissioners of Public Works as regards an annuity charged on a holding in repayment of an advance made by the said Commissioners for the purpose of the purchase thereof pursuant to the Landlord and Tenant (Ireland) Act, 1870.

73 Definitions.

73.—(1) In this Act, unless the context otherwise requires, the expression “subsequent purchase agreements” means agreements entered into or deemed to have been entered into by or with the Land Commission on or after the date of the passing of this Act:

Provided that purchase agreements entered into at any time on the resale by the Land Commission of land purchased or agreed to be purchased, by the Irish Land Commission or the Congested Districts Board for Ireland, before the date of the passing of this Act, shall be treated as purchase agreements entered into before the date of the passing of this Act and not as subsequent purchase agreements.

• (2) The expression “tenanted land” means land held under any contract of tenancy other than a fee farm grant, or lease renewable for ever for lives or years or lease for a term of years of which sixty or more are unexpired at the date of the passing of this Act, or a letting for the purpose of temporary depasturage, agistment or conacre, or for temporary convenience, or to meet a temporary necessity, and the expression “untenanted land” shall be construed accordingly:

Provided that where land has become tenanted land as above defined by reason of a contract of tenancy not being a renewal of a previous tenancy entered into on or after the first day of September nineteen hundred and twenty-two, then:—

• (a) if the holding is in a congested districts county, the tenancy shall, if the Land Commission before the appointed day so declare, be deemed void as against the Land Commission and the holding shall vest in the Land Commission as untenanted land, and there shall be payable to the tenant such compensation as the Judicial Commissioner may declare him entitled to in respect of any sums he may have expended on improvements. Such compensation shall be payable in 4½ per cent. Land Bonds; and

• (b) if the holding is situate elsewhere, the land shall be treated as tenanted land for the purpose of the provisions of this Act vesting tenanted land in the Land Commission, save as to the price thereof, but shall not be sold under this Act to the tenant unless the Land Commission certify that the creation of the tenancy was in the interests of the country. If the Land Commission so certify the price shall be ascertained as if the land was tenanted land, but if the Land Commission do not so certify the price shall be ascertained as if the land was untenanted land.

• (3) The expression “the Land Purchase Acts” shall have the same meaning as in the Irish Land Act, 1909, save that it shall, where the context so admits, include any subsequent Act now in force which is by its terms to be construed as one with the Land Purchase Acts and this Act, and the expression “the Land Law Acts” and “the Congested Districts Board (Ireland) Acts” shall have the same meaning as in the Irish Land Act, 1909.

• (4) The expression “relieving congestion” means the provision of land for the relief of a person or persons having an uneconomic holding or uneconomic holdings or for a person or persons whose holding or holdings has or have been acquired for the relief of persons having uneconomic holdings.

74 Power to Executive Council to adapt enactments.

74.—For the purpose of carrying this Act into effect the Executive Council may by Order make such adaptations of any enactment relative to Land Purchase in Ireland passed prior to the passing of this Act as appear to them to be necessary or proper, including such adaptations of enactments applicable to sales of estates as may be necessary to make the same applicable to sales of holdings or of parcels of untenanted land.

75 Removal of difficulties.

75.—If any difficulty arises in determining the land which by virtue of this Act is vested in the Land Commission, or otherwise for carrying this Act into effect, the Executive Council may, by Order, authorise the Land Commission to take all such steps and do all such things as may appear to them necessary or expedient for carrying this Act into effect, and any such Order shall have effect as if enacted in this Act.

76 Power to make rules.

76.—The Land Commission may, after consultation with the President of the Incorporated Law Society of Ireland, make rules for carrying into effect the provisions of this Act, and the term “prescribed” in this Act means, unless the context otherwise requires, prescribed by rules made under this section:

Provided always that any Rules of Court made to carry out the provisions of this Act, in so far as they concern the relief of congestion, shall be laid before each House of the Oireachtas, and if either House shall, within twenty-one days of such Rules of Court being tabled, pass a resolution annulling such Rules of Court, such Rules of Court shall be annulled, but such annulments shall not prejudice or invalidate any matter or thing previously done under such Rules of Court.

77 Provision of moneys for carrying this Act into effect.

77.—All moneys required by the Land Commission for exercising its powers under this Act or otherwise for carrying this Act into effect shall (save in so far as such moneys are otherwise specifically provided for by this Act) to such extent as may be approved by the Minister for Finance be paid out of moneys provided by the Oireachtas.

78 Repeals.

78.—The Acts specified in the second schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule.

79 Short Title and Construction.

79.—This Act may be cited as the Land Act, 1923, and shall be construed as one with the Land Law Acts, the Land Purchase Acts, and the Congested Districts Board (Ireland) Acts, and may be cited with those Acts.

FIRST SCHEDULE. STANDARD PURCHASE ANNUITY.

PART I. Holdings subject to Judicial Rents.

The standard purchase annuity shall in the case of each holding be an annuity of an amount equivalent to a percentage of the judicial rent payable in respect of the holding, namely,

• (a) in the case of rents fixed before the 16th August, 1911 65 per cent.

• (b) in the case of rents fixed after the 15th August, 1911 70 per cent.

Provided that in the case of a holding subject to a judicial rent fixed by agreement on the reinstatement therein of a tenant, who or whose predecessor in title had been evicted therefrom, the standard purchase annuity shall, on the application of either the landlord or the tenant made within the prescribed time and in the prescribed manner, be fixed in accordance with the provisions of Part II. of this schedule as if the rent were a non-judicial rent.

PART II. Holdings subject to rents other than Judicial Rents.

• (a) where the landlord and tenant so agree in the prescribed manner and within the prescribed time shall be the amount so agreed upon; and

• (b) where the landlord and tenant do not agree shall be such amount as shall be fixed by the Land Commission (other than the Judicial Commissioner), subject to an appeal to the Judicial Commissioner whose decision shall be final.

SECOND SCHEDULE.