Land Act , 1939

1 Short title, construction, and citation.

1.—(1) This Act may be cited as the Land Act, 1939.

(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.

2 “The Minister.”

2.—In this Act the expression “the Minister” means the Minister for Lands.

3 Rules and Regulations.

3.—(1) The power of making rules conferred by sub-sections (1) and (2) of section 3 of the Land Act, 1933 (No. 38 of 1933), shall extend to and be exercisable for making rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act.

(2) The Minister for Finance may make rules and regulations for carrying into effect the provisions of this Act relating to land purchase finance, and may by such rules or regulations adapt to the requirements of this Act any provisions relating to land purchase finance contained in any Act passed before this Act.

(3) In this Act the word “prescribed” means prescribed by the appropriate rules or regulations authorised by this section.

4 Expenses.

4.—The expenses incurred by the Minister and the payments made and expenses incurred by the Land Commission in the administration of this Act (save in so far as they are otherwise specifically provided for in this Act) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5 Exclusion of the Land Commission from the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930.

5.—Where the Land Commission is (whether before, at, or after the passing of this Act) the landlord of a dwelling-house, the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930, shall not apply or be deemed ever to have applied to such dwelling-house at any time while the Land Commission is or was the landlord thereof.

6 Recovery of moneys due or payable to the Land Commission.

6.—Moneys due or payable to the Land Commission shall have and, save as regards moneys due or payable to the Land Commission as successors to the Commissioners of Church Temporalities in Ireland, shall be deemed always to have had the like rights, privileges, and priorities as are conferred by sub-section (2) of section 38 of the Finance Act, 1924 (No. 27 of 1924), on the moneys to which that sub-section applies.

7 Relief from certain fees in the Land Registry.

7.—(1) No fee shall be payable in the Land Registry by the Land Commission on any registration (whether effected before or after the passing of this Act) pursuant to paragraph (b) of sub-section (1) of section 23 of the Local Registration of Title (Ireland) Act, 1891.

(2) No fee shall be payable in the Land Registry—

(a) on an application for the registration of the Land Commission as owner of any registered land acquired (whether before or after the passing of this Act) by the Land Commission under the Land Purchase Acts, or

(b) on an application for the registration as owner of any registered land so acquired by the Land Commission of a person to or in whom the Land Commission has transferred or vested such land (otherwise than on or in consequence of a sale of such land by the Land Commission by public auction or private treaty) where the Land Commission is under a statutory duty to procure the registration of such person as owner of such land.

8 Losses on resales of sporting and other rights.

8.—Where the price fixed for the purchase of any sporting rights (including fisheries and fishery rights), grazing rights, rights of turbary, or other rights is such that the said rights cannot be resold without loss, the following provisions shall have effect, that is to say:—

(a) the Land Commission at the beginning of each half year shall certify the proportion of the purchase money which represents the difference between the total amount of the advances made for the purchase of the said rights and the total prices for the time being paid or agreed to be paid by purchasers thereof from the Land Commission;

(b) interest and sinking fund upon the proportion so certified at such rates respectively as shall be directed by the Minister for Finance shall, subject to the approval of that Minister, be paid to the Land Commission out of moneys provided by the Oireachtas.

9 Grouping of 4% land bonds for the purpose of drawings.

9.—(1) Regulations made by the Minister for Finance under sub-section (3) of section 1 of the Land Act, 1923, as amended by section 3 of the Land Bond Act, 1925 (No. 25 of 1925), section 3 of the Land Act, 1931, and section 6 of the Land Act, 1936, for the redemption of 4 per cent. land bonds may provide that, for the purposes of any drawing for the redemption of such land bonds, land bonds of the denomination of ten pounds may be grouped in units of one hundred pounds, and land bonds of the denomination of one pound may be grouped in similar units of one hundred pounds.

(2) Where such regulations as are mentioned in the foregoing sub-section of this section provide for such grouping of land bonds as is mentioned in that sub-section, such regulations—

(a) shall provide that such grouping shall be effected on the basis that the land bonds shall be selected for grouping in sequences of ten or one hundred (as the case may be) consecutive numbers, and

(b) shall provide that, in the case of land bonds of the denomination of ten pounds, the highest number in any such sequence shall be either the appropriate multiple of ten or, where that multiple is not available owing to the land bond bearing it having been drawn for redemption prior to the date of such grouping, the nearest number below such multiple which is available, and

(c) shall similarly provide that, in the case of land bonds of the denomination of one pound, the highest number in any such sequence shall be either the appropriate multiple of one hundred or, where for the reason aforesaid that multiple is not available, the nearest number below such multiple which is available, and

(d) may authorise the making of groups of less than ten or one hundred (as the case may be) land bonds where the full number of ten or one hundred land bonds falling to be made into a group is not available owing to land bonds having been drawn for redemption before the date of such grouping.

10 Land Bonds retained as a guarantee deposit.

10.—(1) Sub-section (3) of section 21 of the Land Act, 1931, is hereby repealed and in lieu thereof it is hereby enacted as follows, that is to say:—

(a) the dividends on land bonds for the time being retained as a guarantee deposit under the said section 21 and section 54 of the Land Act, 1933, shall be retained with such land bonds and be available for the payments required by law (including this section) to be made thereout;

(b) notwithstanding anything contained in the foregoing paragraph of this sub-section, the Judicial Commissioner may, on the application to him in the prescribed manner of any person claiming to be entitled to the dividends on any land bonds so retained, make such order as to the payment of the said dividends or otherwise as the justice of the case may require;

(c) where the Judicial Commissioner makes an order under the said section 21 releasing a guarantee deposit, he shall by such order release the dividends retained in pursuance of this section with the land bonds comprising such guarantee deposit.

(2) Where excess land bonds within the meaning of section 11 of the Land Act, 1936, have been issued in respect of an estate and the funds lodged to the credit of that estate have been allocated (whether wholly or partly) and a guarantee deposit has been retained under section 21 of the Land Act, 1931, as amended by section 54 of the Land Act, 1933, the following provisions shall have effect notwithstanding anything contained in the said section 21 or any other enactment, that is to say:—

(a) if the amount of the land bonds in the said guarantee deposit is greater than the amount of the excess land bonds so issued, the Land Commission shall transfer from the said guarantee deposit to the adjustment account mentioned in the said section 11 of the Land Act, 1936, an amount of land bonds equal to the amount of the excess land bonds so issued;

(b) if the amount of the land bonds in the said guarantee deposit is equal to or less than the amount of the excess land bonds so issued, the Land Commission shall transfer all the land bonds in the said guarantee deposit to the said adjustment account and the vendor or other person liable shall pay to the Land Commission in money the nominal value of an amount of land bonds equal to the difference (if any) between the amount of the excess land bonds so issued and the amount of the land bonds so transferred;

(c) paragraphs (b), (c), (d), and (e) of sub-section (2) of section 11 of the Land Act, 1936, shall apply and have effect in relation to land bonds transferred to the said adjustment account under this sub-section in like manner as they apply and have effect in relation to land bonds transferred to the said adjustment account under the said section 11;

(d) where land bonds are transferred under this section from a guarantee deposit to the said adjustment account, if the cash in such guarantee deposit is more than the interest accrued on the land bonds so transferred from the date of the issue thereof to the last day for payment of dividends thereon before the said transfer, the Land Commission shall transfer to the said adjustment account so much of such cash as is equal to such interest, but, if the cash in such guarantee deposit is equal to or less than the said interest, the following provisions shall have effect that is to say:—

(i) the Land Commission shall transfer the whole of such cash to the said adjustment account, and

(ii) the balance (if any) of the said interest shall be met by the sale of all or a sufficient amount of the land bonds (if any) in such guarantee deposit not required to be transferred to the said adjustment account under the preceding paragraphs of this sub-section and by transfer of the net proceeds of such sale to the said adjustment account, and

(iii) any portion of the said interest remaining undischarged shall be paid by the vendor or other person who shall have received the dividends on the land bonds transferred under this sub-section from such guarantee deposit.

(3) Where excess land bonds within the meaning of section 11 of the Land Act, 1936, have been issued in respect of an estate and the funds lodged to the credit of that estate have been allocated (whether wholly or partly) and either no guarantee deposit has been retained under section 21 of the Land Act, 1931, as amended by section 54 of the Land Act, 1933, or the guarantee deposit so retained is exhausted, the nominal amount of such excess land bonds shall be paid to the Land Commission in money by the vendor or other person liable.

(4) Where the vendor or other person is required by this section to pay to the Land Commission in money the nominal value or amount of any land bonds, such vendor or other person shall, with the said money, pay to the Land Commission in money a sum equal to the interest on the said land bonds from the date of the issue thereof to the date of the payment of the said money into the land bond fund in pursuance of the next following sub-section of this section.

(5) Money payable to the Land Commission under paragraph (b) of sub-section (2) or sub-section (3) or sub-section (4) of this section (exclusive of so much of such money as represents interest on land bonds from the date of issue thereof to the last day for the payment of dividends thereon) shall be paid into the land bond fund and shall be disposed of as if it were money paid by a tenant-purchaser in redemption of a purchase annuity payable in respect of an advance made by the issue of land bonds, and thereupon the advance and the State contribution corresponding to the land bonds in respect of which the said money was so payable to the Land Commission shall be written off and cancelled by the Land Commission.

(6) In addition to the provisions mentioned in sub-section (2) of section 38 of the Land Act, 1933, the provisions of section 11 of the Land Act, 1936, and of this section shall apply to an order made under the said section 38.

11 Amendment of section 36 of the Land Act, 1931.

11.—The references in sub-sections (3) and (4) of section 36 of the Land Act, 1931, to interest at the rate of four and one-half per cent. per annum shall be construed and have effect, and shall be deemed always to have had effect, as references to the rate per cent. per annum at which the dividends on the land bonds transferred to the credit of the relevant estate are payable.

12 Amendment of enactments relating to the costs fund.

12.—Notwithstanding anything contained in section 5 of the Land Act, 1923, section 7 of the Land Bond Act, 1933 (No. 33 of 1933), or section 8 of the Land Bond Act, 1934 (No. 11 of 1934), the following provisions shall have effect, that is to say:—

(a) interest accruing from land bonds in any of the costs funds established under section 5 of the Land Act, 1923, or under that section as applied by section 7 of the Land Bond Act, 1933, or by section 8 of the Land Bond Act, 1934, and also moneys paid into any such fund in redemption of land bonds may from time to time, in so far as not required for the purpose of making payments in cash under this section, be invested in any land bonds whatsoever irrespective of their series;

(b) whenever a sum is payable under sub-section (2) of section 5 of the Land Act, 1923, or under that sub-section as applied by section 7 of the Land Bond Act, 1933,. or by section 8 of the Land Bond Act, 1934, to a vendor, the Judicial Commissioner may, if he so thinks proper, direct that the said sum shall be paid either (as the Judicial Commissioner shall specify in such direction) wholly or to a specified extent in cash, and, upon such direction being so given, the said sum shall be paid either (as such direction requires) wholly or to the said specified extent in cash and, in the latter case, the residue of the said sum shall be paid as if this section had not been enacted;

(c) whenever the Judicial Commissioner gives such direction as aforesaid, he shall also, in order to provide the cash for payment in pursuance of such direction, direct that a sufficient amount of land bonds in a specified costs fund (whether the costs fund out of which payment in land bonds would have been made if this section had not been enacted or any other costs fund) be sold for that purpose;

(d) where the Judicial Commissioner directs, under the next preceding paragraph of this section, land bonds to be sold and there is not a sufficient amount of land bonds in any one costs fund, the Judicial Commissioner may direct that the required amount of land bonds be made up from two or more specified costs funds;

(e) where at any time, whether owing to the reduction of purchase moneys or otherwise, the total amount of the land bonds of any particular series issued to the costs fund established in relation to that series of land bonds exceeds the amount of two per cent. on the total of the net purchase moneys advanced by means of issues of land bonds of such series, land bonds of the amount of such excess shall be taken out of the said or some other costs fund and cancelled or otherwise disposed of in such manner as the Minister for Finance shall from time to time direct;

(f) where land bonds are taken out of a costs fund in pursuance of the next preceding paragraph of this section, any interest on such land bonds which had been paid into that costs fund shall be disposed of in such manner as the Minister for Finance shall from time to time direct.

13 Payments to the Land Commission on allocation where there is delay in obtaining possession.

13.—(1) Whenever the purchase money of lands, sporting rights (including fisheries and fishing rights), grazing rights, rights of turbary, or other rights resumed, purchased, or acquired by the Land Commission or the compensation for tenancies, easements, or rights extinguished by the Land Commission has been or is lodged (whether before or after the passing of this Act) to the credit of the relevant matter before the Land Commission has got or gets possession or user of the land, tenancy, easement, or right in respect of which the said purchase money or compensation was or is so lodged, the Land Commission shall, on the allocation of the said purchase money or compensation, be entitled to be paid out of the land bonds representing the said purchase money or compensation and the interest to credit on such land bonds the following moneys, that is to say:—

(a) all sums paid or payable by the Land Commission into the land bond fund in respect of the said land bonds during or in respect of the period from the issue of the said land bonds to the date on which the Land Commission got or gets possession or user of the land, tenancy, easement, or right;

(b) all sums which have, before such allocation, been paid by the Land Commission or which the Land Commission is, at the time of such allocation, or becomes thereafter liable to pay on foot of rates in respect of the said land, tenancy, easement, or right for the period from the date of the said lodgment of the said purchase money or compensation to the date on which the Land Commission got or gets possession or user of the said land, tenancy, easement, or right, such rates being deemed for this purpose to accrue from day to day, and

(c) all costs and expenses incurred by the Land Commission in getting possession or user (whether before or after the date of the said lodgment) of the said land, tenancy, easement, or right.

(2) All moneys payable to the Land Commission under this section on the allocation of purchase money or compensation shall be so payable in priority to all other payments except—

(a) payments under section 18 of the Land Act, 1927, to a local authority on foot of arrears of rates in respect of the land, tenancy, easement, or right to which such purchase money or compensation relates, and

(b) sums payable in respect of the redemption of a purchase annuity charged on the said land, tenancy, easement, or right.

14 Quorum of Land Commissioners.

14.—(1) Nothing done before the passing of this Act by the Land Commission or by one or more of the Land Commissioners, whether in exercise of a statutory power, performance of a statutory duty, or otherwise howsoever, shall be open to challenge or question by objection, appeal, or otherwise on the ground that all the Land Commissioners or a sufficient number of Land Commissioners did not do or join or concur in the doing of such thing.