LAND ACT, 1936

• (4) References in this Act to sub-section (2) of section 24 of the Land Act, 1923, shall (where the context so admits) be construed and have effect as references to the joint operation of that sub-section (as amended by this Act) and the first sub-section of this section.

41 Power to purchase part only of a holding.

41.—(1) Where any of the provisions of sub-section (2) of section 24 of the Land Act, 1923, or of sub-section (1) of the next preceding section of this Act are applicable to part only of a holding, the Lay Commissioners (other than the members of the Appeal Tribunal) may, if having regard to all the circumstances of the case they think it expedient so to do, by order divide such holding into separate holdings and apportion the rent of such holding between such separate holdings and declare the appointed day for any such separate holding to which the provisions of sub-section (1) of section 24 of the Land Act, 1923, apply.

• (2) Such order as is mentioned in the next preceding sub-section of this section may be made in respect of any such holding as is mentioned in that sub-section notwithstanding that the rent of such holding is payable partly in respect of the land comprised in such holding and partly in respect of an incorporeal hereditament, and in any such case the said rent may be apportioned by such order in such manner as to make an apportioned part of the said rent payable out of a separate holding (created by such order) to which the provisions of sub-section (1) of section 24 of the Land Act, 1923, do not apply and such incorporeal hereditament.

• (3) Where sub-section (1) of section 24 of the Land Act, 1923, would apply to a holding but for the fact that the rent of such holding is payable partly in respect of the land comprised in such holding and partly in respect of an incorporeal hereditament, the Lay Commissioners (other than the members of the Appeal Tribunal) may, if having regard to all the circumstances of the case they think it expedient so to do, by order apportion the said rent between the land comprised in such holding and such incorporeal hereditament and declare the appointed day for such holding.

• (4) Where sub-section (1) of section 24 of the Land Act, 1923, would apply to a holding but for the fact that part of such holding is held in fee farm or for lives or years renewable for ever or for a term of years of which sixty or more were unexpired at the passing of the Land Act, 1923, the Lay Commissioners (other than the members of the Appeal Tribunal) may, if having regard to all the circumstances of the case they think it expedient so to do, by order divide such holding into separate holdings and apportion the rent of such holding between such separate holdings and declare the appointed day for any such separate holding to which sub-section (1) of section 24 of the Land Act, 1923, applies.

• (5) The next preceding sub-section of this section shall not be precluded from applying to a holding by reason only of the rent of such holding being payable partly in respect of the land comprised in such holding and partly in respect of an incorporeal hereditament, and, in any such case any apportionment of such rent under the said next preceding sub-section shall be so made that an apportioned part of such rent is payable partly out of a separate holding (created under the said next preceding sub-section) to which sub-section (1) of section 24 of the Land Act, 1923, does not apply and partly out of such incorporeal hereditament.

• (6) An appeal shall lie to the Appeal Tribunal from every order made by the Lay Commissioners (other than the members of the Appeal Tribunal) under this section, and the decision of the Appeal Tribunal on any such appeal shall be final subject only to an appeal to the Supreme Court on questions of law.

42 Amendment of section 44 of the Land Act, 1931.

42.—Paragraph (e) of sub-section (1) of section 44 of the Land Act, 1931, is hereby amended by adding at the end of that paragraph the following words, that is to say:—

“or for the purpose of resale under the powers conferred on the Land Commission by section 32 of the Land Act, 1933, to the persons or bodies mentioned in section 31 of the Land Act, 1923, as extended by the Land Act, 1933”.

43 Untenanted land held under fee farm grant or long lease.

43.—The following provisions shall have effect in relation to applications under section 44 of the Land Act, 1931 (as amended by section 42 of the Land Act, 1933, and by this Act), that is to say:—

• (a) whenever, on any such application, it appears to the Land Commission—

• (i) that a portion only of such parcel has substantial and actual value as building ground, or

• (ii) that a portion only of such parcel does not satisfy the conditions set forth in sub-section (1) of the said section 44 as so amended, or

• (iii) that the rent reserved by the fee farm grant or the lease under which such parcel is held is payable partly in respect of such parcel and partly in respect of an incorporeal hereditament (whether with or without other land),

the Land Commission may grant such application in respect of that portion (in this section referred to as the said granted portion) of such parcel in respect of which they are of opinion that such application should be granted and may accordingly declare that the said granted portion shall vest in the Land Commission on the appointed day and may either apportion the rent reserved by the fee farm grant or lease under which such parcel is held between the said granted portion and the residue (including any other land or any incorporeal hereditament held under the said fee farm grant or lease) of such parcel or exclusively charge the said rent on the said granted portion;

• (b) whenever the Land Commission grant any such application in respect of portion only of the parcel of land to which such application relates, the said section 44 (as so amended) shall apply in relation to the said granted portion as if it were such parcel of land as is mentioned in the said section 44 (as so amended), and the rent or part of a rent exclusively charged on or apportioned to the said granted portion by the Land Commission shall be deemed for the purposes of the said section 44 (as so amended) to be the rent payable by the owner of such parcel in respect of the said granted portion thereof;

• (c) notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, or in paragraph (a) of sub-section (2) of section 24 of the Land Act, 1923, any such application may be made and granted in respect of a parcel of land which constitutes or forms part of a holding purchased under any Land Purchase Act, but in every such case, if such application is granted, Part III of the Land Act, 1933, shall not apply in respect of the purchase annuity set up in consequence of the granting of such application;

• (d) any such application may be granted notwithstanding that paragraph (b) of sub-section (1) of the said section 44 is not complied with if the Land Commission is satisfied that the failure to comply with that paragraph graph is due solely to the fact that a court or a mortgagee has appointed a receiver over the parcel of land to which such application relates or over the rents and profits thereof and such parcel is being worked or let or otherwise managed by such receiver;

• (e) any such application may be granted notwithstanding that the fee farm grant or lease under which the parcel of land to which such application relates was, after the lodgment of such application, terminated on account or in consequence of the non-payment of the rent reserved thereby, and in every such case the said fee farm grant or lease shall be deemed for the purposes of such application to be subsisting;

• (f) sub-section (7) of section 42 of the Land Act, 1933, is hereby amended by substituting the words “the appointed day” for the words “the date of the lodgment of the application under that section”;

• (g) whenever any such application has been granted, all payments on account of the rent of the parcel of land to which such application relates which are received by the landlord of such parcel after the date of the lodgment of such application shall be treated as payments on account of the rent payable in respect of such parcel for the three years immediately preceding the appointed day, and all sums so received by such landlord in excess of the amount payable by the applicant on account of the said rent payable for the said three years shall be recoverable by the applicant from such landlord as a claim against the purchase money;

• (h) in fixing the standard purchase annuity of a parcel of land in respect of which any such application is granted, the Land Commission shall (without prejudice to their powers under sub-section (6) of section 42 of the Land Act, 1933) have regard to the value of such parcel at the date of the order granting such application but not so as to lessen the amount of such standard purchase annuity on account of a deterioration in value of such parcel which is, in the opinion of the Land Commission, due to the wilful neglect or default of the applicant;

• (i) where the Land Commission is satisfied that any such application should be granted and that no person having or claiming an estate or interest in the parcel of land to which such application relates objects to the granting of such application, the Land Commission may, notwithstanding anything contained in sub-section (4) of the said section 44, make an order granting such application without listing such application for hearing;

• (j) the power conferred on the Land Commission by sub-section (2) of the said section 44 to apportion the rent reserved by a fee farm grant or a lease shall extend to and be exercisable in cases in which the property held under such fee farm grant or lease includes an incorporeal hereditament as well as land, and in every such case references in the said section 44 (as so amended as aforesaid) to land shall, where the context so admits, be construed as including such incorporeal hereditament;

• (k) no person shall be precluded from making any such application by reason only of an application under the said section 44 or under that section as amended by section 42 of the Land Act, 1933, having been made in relation to the same parcel of land before the passing of this Act and refused;

• (l) the foregoing provisions of this section shall apply to every such application which was lodged before and is pending at the passing of this Act as well as to every such application which is lodged after such passing.

44 Amendment of sections 3 and 4 of the Land Act, 1927.

44.—(1) Every attempted sub-division or sub-letting of a holding in contravention of section 3 of the Land Act, 1927, shall be void as against all persons.

• (2) The prohibition contained in sub-section (1) of section 4 of the Land Act, 1927, against letting a holding or parcel to which that sub-section applies without the consent of the Land Commission shall extend to the letting of a part of any such holding or parcel without the consent of the Land Commission, and the provisions of the said sub-section avoiding an attempted letting and empowering the Land Commission to cause the holding or parcel to be sold shall extend and apply accordingly.

45 Obligation to redeem drainage maintenance charges.

45.—Notwithstanding anything contained in section 16 of the Irish Land Act, 1903, or any other enactment,—

• (a) on the vesting of any land, whether tenanted or untenanted, in the Land Commission under the Land Purchase Acts, any drainage maintenance charge affecting such land at the date of such vesting shall be redeemed out of the purchase money of such land, and

• (b) on the resumption of any holding by the Land Commission, any drainage maintenance charge affecting such holding at the date of such resumption shall be redeemed out of the resumption price of such holding.

46 Amendment of sub-section (2) of section 16 of the Irish Land Act, 1903

46.—All prescribed advertisements and notices which the Land Commission is required by sub-section (2) of section 16 of the Irish Land Act, 1903, to publish and serve shall be respectively published and served at such time before making the relevant vesting order as shall be prescribed by rules made under this Act, and accordingly so much of the said sub-section (2) as limits the time for the publication of such advertisements and the service of such notices shall cease to have effect.