LAND ACT, 1927

48.—(1) Where any land subject to a rent charge created under section 14 of the Shannon Electricity Act, 1925, is sold under the Land Purchase Acts the rent charge shall not be redeemed out of the purchase money of the land on the sale thereof under the said Acts, but such land shall continue to be subject thereto notwithstanding any provision of the Land Purchase Acts or a Vesting Order made thereunder.

• (2) An annuity charged on any lands in respect of any advance made under the Land Purchase Acts whether before or after the passing of the Shannon Electricity Act, 1925, shall have priority over any rent charge on the same lands created at any time under section 14 of the said Act.

49 Amendment of section 58 of the Land Act, 1923.

49.—Sub-section (6) of section 58 of the Land Act, 1923, shall be construed and have effect and shall be deemed always to have had effect as if there were inserted therein a reference to sub-section (3) of section 32 of the Land Law (Ireland) Act, 1896, in lieu of the reference contained therein to sub-section (3) of section 2 of that Act.

50 Payments to personal representatives of agents.

50.—Any sum which might be paid to an agent under sub-section (8) of section 40 of the Land Act, 1923, may in the event of his death before the allocation of the purchase money and whether the death occurred before or after the appointed day be paid to his personal representative, and the consent of the owner to the payment to such agent shall be sufficient to entitle the personal representative to receive such sum as may be sanctioned by the Land Commission.

51 Registration to be compulsory in certain cases.

51.—Registration under the Local Registration of Title (Ireland) Act, 1891, of the ownership of freehold land shall be compulsory in the following cases, that is to say:—

• (a) where the land has been at any time sold and conveyed to or vested in a purchaser under any of the provisions of the Purchase of Land (Ireland) Acts and the purchase annuity has been redeemed before first registration;

• (b) where the land has been or is vested by the Land Commission in a purchaser for cash; and

• (c) where any rent formerly issuing out of the land has been or is redeemed under section 38 of the Land Act, 1923;

and the provisions of the Local Registration of Title (Ireland) Act, 1891, relating to freehold lands, the registration of the ownership of which is by that Act declared to be compulsory, shall apply to such cases when registered.

52 Rules as to registration of lands with a qualified or possessory title.

52.—Rules made pursuant to sub-section (5) of section 58 of the Land Act, 1923, may prescribe such method of registration and make such adaptation or modifications of any enactment relating to registration as may be required for the purpose of carrying into effect the object of the said section.

53 Vesting of holdings of tenants of the Land Commission.

53.—(1) If the tenant of any holding on an estate purchased by the Congested Districts Board refuses to enter into an agreement for the purchase of the holding, or of a new holding offered to him in exchange for the holding, upon the terms offered by the Land Commission and at the price which they are prepared to advance, then, notwithstanding that the tenants on the estate to the extent of three-fourths in number and rateable value may not have agreed to purchase their respective holdings, the Land Commission (other than the Judicial Commissioner) may, after serving notice upon the tenant and considering any objections made by him, make an order declaring him to be the purchaser of the holding or of the new holding, as the case may be, for such price and upon such terms and conditions as may be specified in the order, and the tenant shall thereupon be deemed to have entered into a Purchase Agreement on the date named in the order for the purchase of the holding, or for the surrender of the holding and for the purchase of the new holding offered to him in exchange, as the case may be, for the price, and upon the terms and conditions so specified, and the purchase shall be completed accordingly and the provisions of sub-sections (2), (3) and (5) of section 23 of the Irish Land Act, 1909, shall apply to an exchange of holdings effected by an order under this section.

• (2) An appeal shall lie from any order under this section to the Judicial Commissioner who shall have power to reverse or confirm the order or to make any order which might have been made by the Land Commission.

54 Amendment of section 65 (2) of the Land Act, 1923.

54.—Sub-section (2) of section 65 of the Land Act, 1923, shall be amended to read as follows:—

• (2)
• (a) 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 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 holding 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. During such time as any part of the annuity charged on such holding remains unpaid the proprietor shall not sub-divide or let the holding without the consent of the Commissioners of Public Works, 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 Commissioners may, at their option, declare that the holding do vest in themselves, or they may cause it to be sold by public auction, due notice being given by them of the time, place, terms and conditions of such sale, and the Land Commission shall on the application of the Commissioners issue an order to the under-sheriff to put the purchaser into possession of the holding or any part thereof so sold, and such order shall when delivered to the under-sheriff be executed by him in like manner as a writ for delivery of possession. An order for possession issued under this section shall be deemed to be an execution order within the meaning of the Enforcement of Court Orders Act, 1926.

• (b) The proceeds derived from every such sale shall in the first instance be applied by the Commissioners in payment of any moneys due on foot of the annuity, and in redemption of so much of the said annuity as shall at the time of such sale remain charged on the holding and of all costs and expenses incurred by them in relation to such sale or otherwise in respect of the said holding and the balance shall be paid to the person entitled by law to receive the same.

55 Advances in the case of exchange of holdings.

55.—(1) Notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, advances may be made to the persons or bodies mentioned in sub-section (1) of section 31 of the Land Act, 1923, for the purchase by them from the Land Commission of holdings or portions of holdings subject to Land Purchase Annuities acquired by the Land Commission in exchange for other lands.

• (2) Advances made in pursuance of this section shall be repaid by means of purchase annuities calculated at such rates as shall be prescribed, and consolidated so far as circumstances admit with the existing purchase annuities to which the holdings or portions of holdings are subject, in accordance with rules made by the Minister for Finance.

56 Redemption of purchase annuities in the case of purchases under section 36 of the Land Act, 1923.

56.—Where the Land Commission have entered into an agreement under section 36 of the Land Act, 1923, for the purchase of lands which are already subject to a purchase annuity, then, notwithstanding anything contained in sub-section (4) of section 9 of the purchase of Land (Ireland) Act, 1891, an advance may be made under the Land Purchase Acts for the purchase of the said lands before the purchase annuity for the repayment of the original advance has been redeemed, and in such case the original purchase annuity shall be dealt with as a claim attaching to the purchase money of the said lands under section 4 of the Land Bond Act, 1925, subject however to the following modification of that section, that is to say:—

“the redemption price of the original annuity shall be payable by transferring to the Land Commission such sum in Land Bonds as at the price of the day shall be sufficient to redeem the said annuity.”

57 Power to make rules.

57.—(1) The Land Commission, after consultation with the President of the Incorporated Law Society of Ireland, shall have power to make any rules required for carrying the provisions of this Act into effect.

• (2) The Minister for Finance shall have power to make rules or regulations for carrying the financial provisions of this Act into effect and for adapting to the requirements of this Act such provisions of any enactment passed prior to this Act as relate to land purchase finance.

58 Short title and construction.

58.—(1) This Act may be cited as the Land Act, 1927.

• (2) This Act 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.