LAND ACT, 1939

• (a) notwithstanding anything contained in the foregoing provisions of this section, the Land Commission shall not resume such holding or any part thereof for any purpose other than the relief of congestion in the locality in which such holding is situate, or the provision of sportsfields, parks, pleasure-grounds, or playgrounds for the inhabitants of villages, towns or cities or for schools, or the provision of gardens for schools;

• (b) if—

• (i) the Land Commission resumes such holding or a part thereof, and

• (ii) the tenant of such holding or the wife or husband of such tenant resides on such holding or in the immediate neighbourhood thereof, and

• (iii) neither such tenant nor such wife or husband is the owner of land (other than such holding or the part thereof resumed) the market value of which exceeds two thousand pounds, and

• (iv) such tenant, within the prescribed time and in the prescribed manner, requires the Land Commission, if part only of such holding has been resumed, to resume the whole of such holding and (whether such holding is resumed in whole or in part) to acquire all (if any) other land held or belonging to him in the neighbourhood of such holding and, in any case, requires the Land Commission to provide him with a new holding,

then and in such case the Land Commission shall comply with such requisition and shall provide such tenant with a new holding which the Lay Commissioners (other than the members of the Appeal Tribunal) consider to be suitable for him and also consider (subject to a right of appeal to the Appeal Tribunal whose decision shall be final) to be of not less market value than the market value of the resumed holding and the other land (if any) acquired in pursuance of such requisition or the sum of two thousand pounds, whichever is the lesser;

• (c) where the Land Commission provide such tenant with a new holding in pursuance of the next preceding paragraph of this sub-section, the amount (if any) by which the resumption price of the resumed holding together with the price of the other land (if any) acquired from such tenant in pursuance of the said paragraph exceeds the market value of the said new holding so provided shall be payable in land bonds.

• (7) The foregoing provisions of this section shall have effect notwithstanding anything contained in section 5 of the Land Law (Ireland) Act, 1881, as amended by subsequent enactments or in section 11 of the Land Act, 1933.

• (8) Section 31 of the Land Act, 1933, and sub-sections (2) and (3) of section 24 of the Land Act, 1936, are hereby repealed.

40 Prevention of vesting of certain holdings.

40.—(1) Where the Lay Commissioners (other than the members of the Appeal Tribunal) or the Appeal Tribunal on appeal from such Lay Commissioners find that, having regard to the character or user of a holding to which this section applies and to all the circumstances of the case, it would not be in the interest of the country that the tenancy in such holding should be sold under the Land Purchase Acts, such finding shall operate to prevent the vesting of such holding in the Land Commission on the appointed day.

• (2) This section applies to every holding in respect of which one of the following conditions is complied with, that is to say:—

• (a) that the landlord has, before the passing of this Act, furnished the particulars in relation to such holding mentioned in section 40 of the Land Act, 1923, but such holding has not been included in any list of vested holdings published before such passing under section 9 of the Land Act, 1931;

• (b) that the landlord has furnished the said particulars after the passing of this Act;

• (c) that the tenant has applied before the passing of this Act under section 14 of the Land Act, 1931, for an order requiring the landlord to furnish the said particulars and such application has, at the passing of this Act, not been heard;

• (d) that the tenant has applied after the passing of this Act under section 14 of the Land Act, 1931, for an order requiring the landlord to furnish the said particulars.

41 Extinguishment of easements, rights and tenancies.

41.—(1) Where the Land Commission have, either before or after the passing of this Act, acquired or purchased any untenanted land or acquired any holding by way of exchange or resumed any holding and such land or holding is subject to any easement or to any grazing, turbary, or other right or to a tenancy of such a nature that it does not constitute an interest entitling the occupier to purchase under the Land Purchase Acts, the Land Commission may by order extinguish such easement, right or tenancy subject to payment by the Land Commission of such compensation as shall be fixed by the Land Commission by their said order.

• (2) Orders under this section shall be made by the Lay Commissioners (other than the members of the Appeal Tribunal) and shall be final subject only to an appeal to the Appeal Tribunal on questions of law or compensation, 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.

• (3) All compensation payable under an order made under this section shall be paid in land bonds equal in nominal amount to the amount of such compensation as if such compensation were an advance made by the Land Commission under the Land Purchase Acts.

42 Exclusion of section 16 of the Land Act, 1936, on certain sales.

42.—Where land is sold by the Land Commission by public auction or private contract, section 16 of the Land Act, 1936, shall not apply or have effect in relation to an advance made under the Land Purchase Acts to the purchaser at such sale for the purchase of the land so sold.

43 Advances to purchasers of purchased land sold by the Land Commission.

43.—(1) Where the Land Commission sell a holding or a parcel of land which is subject to a purchase annuity or to an annual sum equivalent to a purchase annuity and of which the Land Commission have obtained or taken up possession or which was transferred to the Land Commission by section 7 of the Land Law (Commission) Act, 1923 (No. 27 of 1923), or where the Land Commission sell a part of any such holding or parcel as aforesaid, the Land Commission may, notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891, make an advance to the purchaser of such holding, parcel, or part of a holding or parcel (as the case may be) at such sale.

• (2) All sums required by the Land Commission for the purpose of making advances under this section shall, to the extent that may be approved of by the Minister for Finance, be paid out of moneys provided by the Oireachtas and shall be disposed of by the Land Commission in accordance with regulations to be made by that Minister.

• (3) An advance made in pursuance of this section shall be repaid by means of a purchase annuity calculated at such rate per cent. on the amount thereof as is for the time being directed in that behalf by the Minister for Finance, and such purchase annuity shall, in accordance with rules made by the Minister for Finance, be consolidated so far as circumstances admit with any purchase annuity to which the relevant holding, parcel, or part of a holding or parcel is or will become subject.

• (4) A purchase annuity in repayment of an advance made under this section or so much of a consolidated purchase annuity as is attributable to an advance made under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

44 Application of section 42 of the Land Act, 1927, to certain cases.

44.—(1) Whenever—

• (a) not more than three months after the passing of this Act, an application is made to the Land Commission for the purchase and resale of land which was purchased during the period beginning on the 21st day of May, 1917, and ending on the 31st day of December, 1917, by or for the use of tenants or owners of uneconomic holdings, landless men, or other suitable persons, and

• (b) the Land Commission considers that the purchase and resale of such land is desirable in view of the wants and circumstances of the persons by or for whose benefit such land was purchased, and

• (c) the Land Commission is of opinion that undertakings can be obtained from such persons to purchase such land at prices and on terms and conditions approved of by the Land Commission,

then and in every such case, notwithstanding anything contained in section 22 of the Land Act, 1936, the Land Commission may (subject to the next following sub-section of this section) make an advance for the purchase and resale of such land under the powers conferred by section 42 of the Land Act, 1927, and the provisions of that section shall apply to such purchase and resale accordingly.

• (2) No advance shall be made by the Land Commission under the foregoing sub-section of this section in any case in which proceedings under section 42 of the Land Act, 1927, were begun before the 14th day of August, 1936, and were dismissed or discontinued before the making of the application under this section.

45 Extension of section 39 of the Land Act, 1923.

45.—(1) Where, in the case of a holding purchased under the Land Purchase Acts by the tenant thereof, part only of the purchase price was advanced by the Land Commission or, in the case of a purchase under the Landlord and Tenant (Ireland) Act, 1870, by the Commissioners of Public Works in Ireland and the residue of the purchase price was secured by a mortgage or charge given by the purchaser, and such holding was vested in the purchaser subject to such mortgage or charge, such mortgage or charge shall be, and be deemed always to have been, a charge to which section 39 of the Land Act, 1923, applies, and accordingly application may be made under the said section 39 for the redemption and fixing of the redemption price of such mortgage or charge and the provisions of the said section 39 shall apply to such application and to the redemption price fixed in pursuance of such application.

• (2) An application may be made after the passing of this Act under the said section 39 of the Land Act, 1923, in respect of any such mortgage or charge as is mentioned in the foregoing sub-section of this section notwithstanding that an application under the said section 39 in respect of such mortgage or charge was made and refused before the passing of this Act.

46 Amendment of section 43 of the Land Act, 1936.

46.—(1) Paragraph (c) of section 43 of the Land Act, 1936, is hereby repealed and in lieu thereof it is hereby enacted that, 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, an application to which the said section 43 applies may be made and granted in respect of a parcel of land which constitutes or forms part of a holding vested under the Land Purchase Acts in the owner (subject to a purchase annuity payable by such owner) of the fee farm grant or lease under which the parcel of land to which such application relates is held by the applicant, but in every such case the provisions of section 14 of the Land Act, 1923, shall apply and have effect in respect of the annuity set up in repayment of the original advance and 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.

• (2) Where—

• (a) a purchase annuity is set up (whether before or after the passing of this Act) in consequence of the granting of an application made under section 44 of the Land Act, 1931 (as amended by subsequent enactments) before the passing of this Act solely by virtue of paragraph (c) of section 43 of the Land Act, 1936, and

• (b) the applicant on such application was the proprietor of the holding to which such application related, and

• (c) such holding had been vested in a purchaser under the Land Purchase Acts subject to a superior interest,

then and in every such case, the purchase annuity so set up shall, notwithstanding anything to the contrary contained in the said paragraph (c), be revised under Part III of the Land Act, 1933, as from the appointed day.

• (3) Paragraph (e) of section 43 of the Land Act, 1936, is hereby amended, as from the passing of that Act, by the insertion in the said paragraph of the words “was held” immediately after the words “application relates.”

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

47.—The following provisions shall have effect in relation to section 44 of the Land Act, 1931, and the enactments amending that section, that is to say:—

• (a) an application under sub-section (1) of the said section 44 (as amended by subsequent enactments) may be granted notwithstanding that the parcel of untenanted land to which such application relates is required by the Land Commission for the relief of congestion or for the purpose of resale under the powers conferred by section 32 of the Land Act, 1933;

• (b) an application under the said sub-section (1) of the said section 44 (as so amended) may be granted not-withstanding that paragraph (b) of that sub-section is not complied with if the Land Commission is satisfied—

• (i) that the parcel of untenanted land to which such application relates would, if it were tenanted land as defined in section 73 of the Land Act, 1923, not be excepted from the provisions of sub-section (1) of section 24 of the Land Act, 1923, by sub-section (2) of that section as amended by section 40 of the Land Act, 1936, and

• (ii) that the granting of such application would be in the interest of the country;

• (c) paragraph (d) of the said sub-section (1) of the said section 44 is hereby amended by deleting there from the words “and that it should be resold to him” now contained therein;

• (d) where the Land Commission is satisfied that an application under the said sub-section (1) of the said section 44 (as amended by subsequent enactments) could, having regard to the provisions of this section, be granted in respect of a part, but not in respect of the whole, of the parcel of untenanted land to which such application relates, the Land Commission may, if they so think proper, grant such application in respect of the said part only of such parcel, and thereupon paragraphs (a) and (b) of section 43 of the Land Act, 1936, shall apply and have effect as if such application had been so granted by virtue of the said paragraph (a) of the said section 43;

• (e) where an application under the said sub-section (1) of the said section 44 (as so amended) is granted in respect of the whole or a part of the parcel of untenanted land to which such application relates and (in either case) a standard annuity is set up in consequence thereof, such standard annuity shall not exceed—

• (i) where such application is granted in respect of the whole of such parcel, the rent reserved by, or the rent actually paid and accepted in substitution for the rent reserved by, the fee farm grant or lease under which such parcel was held by the applicant at the date of the order so granting such application, or

• (ii) where such application is granted in respect of a part only of such parcel, the part of the said rent apportioned by the Land Commission on the said part of such parcel;

• (f) the following enactments are hereby repealed, that is to say:—

• (i) paragraphs (b) and (e) of the said sub-section (1) of the said section 44,

• (ii) section 42 and paragraph (d) of section 43 of the Land Act, 1936.

48 Apportionment of rent under section 44 of the Land Act, 1931.

48.—Where the Land Commission, on or in consequence of an application under sub-section (1) of section 44 of the Land Act, 1931, has (whether before or after the passing of this Act) apportioned, under sub-section (2) of that section, the rent reserved by the fee farm grant or lease under which the parcel of land to which such application relates is held, then and in such case, if the other land comprised in such fee farm grant or lease and on which a portion of such rent has been so apportioned is entitled to be indemnified by such parcel of land against the whole or a part of such rent, the following provisions shall (in addition to such (if any) of the provisions contained in the next preceding section as are applicable) apply and have effect, that is to say:—

• (a) the Judicial Commissioner, on the application of the owner or owners of such other land and on notice to all parties interested, may make such provision, by way of a charge on such parcel of land or otherwise, as appears to him to be equitable for the preservation of the said right of indemnity;

• (b) the Judicial Commissioner may at any time, on the application of any party interested, vary in any manner which appears to him to be equitable the charge created or other provision made by him under the next preceding paragraph of this section;

• (c) the said charge (if any) created under this section on such parcel of land shall rank next in priority to the annual sum or annuity set up on such parcel of land in consequence of the said application under sub-section (1) of the said section 44.

49 Extension of section 44 of the Land Act, 1931, to certain rent-charges.

49.—(1) Where, on an application under section 44 of the Land Act, 1931, as amended by subsequent enactments (including this Act) the Land Commission is satisfied that the parcel of land to which such application relates is held by the applicant subject to a perpetual yearly rent-charge which was created by a grant or conveyance in fee simple of such parcel of land and was, by such grant or conveyance, charged on such parcel of land in favour of the person who was the grantor in such grant or conveyance, the said section 44 as so amended shall apply in relation to such parcel of land as if such grant or conveyance were a fee farm grant under which such parcel of land is held and such perpetual yearly rent-charge were a fee farm rent reserved by such fee farm grant.

• (2) An application under section 44 of the Land Act, 1931, as amended by subsequent enactments (including this Act), may, after the passing of this Act, be made and granted under and by virtue of the foregoing sub-section of this section notwithstanding that the parcel of land to which such application relates was the subject of an application under the said section 44, as so amended, which was made before the passing of this Act and was refused on the ground that such parcel of land was not held under a fee farm grant or any such lease as is mentioned in paragraph (a) of sub-section (1) of the said section 44.

50 Arrears of rates in cases of voluntary purchase.

50.—Where the Land Commission have entered into an agreement for the purchase of untenanted land, section 18 of the Land Act, 1927, and section 41 of the Land Act, 1931, shall apply and have effect in relation to such land in like manner as those sections apply and have effect in relation to untenanted land becoming vested in the Land Commission under the Land Act, 1923, but subject to the modification that references in those sections to the appointed day shall be construed and have effect as references to the date on which the Land Commission get possession of the said land.

51 Redemption of drainage maintenance charges.

51.—(1) Notwithstanding anything contained in section 16 of the Irish Land Act, 1903, or any other enactment—

• (a) on the allocation after the passing of this Act of the purchase money of any land whether tenanted or untenanted vested in the Land Commission either before or after the passing of this Act, any drainage maintenance charge affecting the interest of the proprietor of such land at the date of the vesting thereof in the Land Commission shall, unless such proprietor is also the purchaser of such land, be redeemed out of such purchase money, and

• (b) on the allocation of the resumption price of any holding resumed by the Land Commission either before or after the passing of this Act, any drainage maintenance charge affecting the interest of the proprietor of such holding at the date of resumption thereof by the Land Commission shall be redeemed out of such resumption price.

(2)—The redemption price of a drainage maintenance charge shall be payable to the Commissioners of Public Works whose receipt shall be good and sufficient discharge therefor and, where such drainage maintenance charge is a charge on the funds of the council of a county or a county borough, the said Commissioners shall, by order under their common seal, specify and make the amendments in the charging order by virtue of which such drainage maintenance charge arises as are in their opinion appropriate having regard to the redemption of such drainage maintenance charge.

(3)—In this section the word “proprietor” has the same meaning as that word has in the Drainage Maintenance Acts, 1866 and 1924.

(4)—Section 45 of the Land Act, 1936, is hereby repealed.

52 Redemption of annual sums and additional sums.

52.—Annual sums and additional sums payable—

• (a) by purchasers of holdings for the purchase of which agreements for purchase are deemed to have been entered into under the Land Purchase Acts, or

• (b) by tenants of retained holdings for the purchase of which agreements for purchase are not deemed to have been entered into, or

• (c) by tenants of holdings comprised in a list of congested districts holdings published in pursuance of section 23 of the Land Act, 1931, or in a list of holdings on untenanted land published or deemed to be published in pursuance of section 24 of that Act as amended by section 33 of the Land Act, 1936,

may be redeemed, and shall be deemed always to have been capable of being redeemed, in whole or in part with the consent of the Land Commission in like manner as if they were purchase annuities, and accordingly the provisions of the Land Purchase Acts relating to the redemption of purchase annuities and to the payment into the purchase annuities fund or into the land bond fund of sums paid by tenant purchasers in redemption of purchase annuities shall apply, and shall be deemed always to have applied, to the redemption of the said annual sums and additional sums and to the payment into the appropriate fund of moneys paid in redemption of such sums.

53 Applications by sub-tenants of holdings to have particulars furnished.

53.—(1) A sub-tenant who claims to be entitled to a declaration by the Land Commission deeming him to be the tenant of the whole of a holding or of the portion thereof of which he is in occupation and alleges that particulars of this sub-tenancy have not been furnished to the Land Commission under sub-section (1) of section 40 of the Land Act, 1923, and that the said holding on which or on portion of which he claims to have a sub-tenancy has not been included in any published list of vested holdings, may apply in the prescribed manner to the Land Commission for an order requiring the landlord or the tenant of the said holding to furnish to the Land Commission in accordance with the said sub-section the particulars of such holding and of the subtenancies thereon.

• (2) Every application under this section shall be determined by the Lay Commissioners (other than the members of the Appeal Tribunal) subject to a right of appeal to the Appeal Tribunal.

• (3) The decision of the Appeal Tribunal on an appeal under this section shall be final subject only to an appeal to the Supreme Court on questions of law.

54 Power to appoint limited administrators and nominate representatives of tenants and owners in certain cases.

54.—(1) Where any difficulty arises in proceedings under the Land Purchase Acts by reason of the fact that a person to whom this section applies has died and there is no legal personal representative of such deceased person or the services of the legal personal representative of such deceased person are not conveniently available for the purposes of such proceedings, the following provisions shall have effect, that is to say:—

• (a) the Land Commission may, on such terms and conditions (if any) as they may think proper, appoint some proper person to be the administrator of the personal estate of such deceased person limited to the purposes of such proceedings,

• (b) the said person so appointed shall, for the purposes of such proceedings, represent such deceased person in the same manner as if such deceased person had died intestate and letters of administration of his personal estate had been duly granted to the said person so appointed,

• (c) the Land Commission may, if they so think fit, vest the relevant holding or parcel in the said person so appointed.

• (2) Where any difficulty arises in proceedings under the Land Purchase Acts by reason of the fact that a person to whom this section applies is absent or is under a disability, the following provisions shall have effect, that is to say:—

• (a) the Land Commission may nominate a person to represent for the purposes of such proceedings such person absent or under a disability,

• (b) the said person so nominated shall be entitled to do all acts necessary for the purposes of such proceedings as if he were the donee of a power of attorney from such person absent or under a disability,

• (c) the Land Commission may, if they so think fit, vest the relevant holding or parcel in the said person so nominated.

• (3) Where a holding or parcel is vested by the Land Commission in a person who under this section is either appointed to be the administrator of the personal estate of a deceased person or nominated to represent a person absent or under a disability, the interest so vested shall be a graft upon the interest of such deceased person or such person absent or under a disability (as the case may be).

• (4) This section applies to every person who is—

• (a) the tenant of a holding comprised in a list of congested districts holdings published under section 23 of the Land Act, 1931, or in a list of holdings on untenanted land published or deemed to be published under section 24 of that Act as amended by section 33 of the Land Act, 1936, or

• (b) the tenant of a holding (not being a holding comprised in any such list of congested districts holdings) on an estate transferred by the Land Law (Commission) Act, 1923 (No. 27 of 1923), from the late Congested Districts Board to the Land Commission or purchased by the Land Commission under powers transferred by that Act from the said Board to the Land Commission, or

• (c) the tenant or owner of a holding or parcel of land proposed to be exchanged for or consolidated with other land, or

• (d) the tenant or owner of a holding or parcel of land for the benefit or improvement of which the Land Commission propose to make an expenditure by way of an advance or free grant.

• (5) No appointment shall be made after the passing of this Act under either section 1 of the Land Act, 1929, or section 20 of the Land Act, 1936.

55 Power of the Land Commission to make new watercourses and drains.

55.—(1) Whenever the Lay Commissioners (other than the members of the Appeal Tribunal) are of opinion that it is necessary or expedient for the improvement of any land which has at any time, whether before or after the passing of this Act, been purchased or agreed to be purchased under the Land Purchase Acts, that new watercourses or new drains should be made through other lands and that the making of such watercourses or such drains through such other lands is reasonable in the circumstances, the said Lay Commissioners may by order empower the Land Commission to enter on the said other lands and there to make such watercourses or such drains as may be specified in such order and do all such things, including the removal of soil, as may be necessary for or incidental to the making of such watercourses or drains.

• (2) Every order under the foregoing sub-section of this section shall be made either on the consent of the owner of the land upon which the watercourses or the drains are to be made under such order or after service of the prescribed notices and the making of the prescribed investigations, and shall, in either case, contain such terms as to compensation or otherwise as the circumstances of the case may require.

• (3) Where the compensation payable in accordance with an order under this section in respect of any land does not exceed fifty pounds, such compensation may be paid to the person who satisfies the Land Commission that, for not less than six years immediately preceding the date of such order, he or his predecessors in title have been in actual occupation of such land.

• (4) An appeal shall lie to the Appeal Tribunal from every order made under this section otherwise than on the consent of the owner of the land on which watercourses or drains are authorised by such order to be made, 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.

56 Extension of the power of the Land Commission to confer water-rights.

56.—The powers conferred on the Land Commission by section 38 (which relates to the conferring of water-rights) of the Land Act, 1931, in relation to water-sources on land sold or agreed to be sold under the Land Purchase Acts are hereby extended to and shall be exercisable in relation to water-sources (within the meaning of the said section) on lands not so sold or agreed to be sold, and for that purpose—

• (a) the words “sold or agreed to be sold under the Land Purchase Acts” shall be deemed to be omitted from sub-section (1) of the said section 38, and

• (b) the words “so sold or agreed to be sold” in the said sub-section (1) shall be construed as referring to a sale or agreement for sale under the Land Purchase Acts.

57 Powers of the Land Commission for purposes of sand fixation.

57.—(1) Where it appears to the Land Commission that injury is being or is likely to be caused to any land by the blowing or drifting of sand on to such land, whether from the same or from other land, and the Land Commission determines to undertake and carry out work (in this section referred to as sand fixation) to prevent the blowing or drifting of such sand, it shall be lawful for the Land Commission to do, for the purpose of such sand fixation, all or any of the following things, that is to say:—

• (a) to acquire compulsorily for a specified period any land or any easement or other right over or in respect of any land;

• (b) to suspend, restrict, or otherwise interfere with, for and during a specified period, the exercise of any easement or other right over or in respect of any land;

• (c) to close, divert, or otherwise interfere with, for and during a specified period, any public or private road, way, bridge, or waterway.

• (2) Whenever the Land Commission proposes to exercise a power conferred by the foregoing sub-section of this section, the Land Commission shall publish in the Iris Oifigiúil a notice stating their intention to exercise such power and—

• (a) specifying (as the case may be) the land, easement, or right proposed to be compulsorily acquired, or the easement or right the exercise of which is proposed to be interfered with, or the road, way, bridge, or waterway proposed to be interfered with, and

• (b) where interference with an easement, right, road, way, bridge, or waterway is proposed, stating the particulars of such interference, and

• (c) stating the period for and during which such compulsory acquisition or such interference is proposed to be made, and

• (d) stating the manner in which and the time within which objections to the proposed exercise of such power may be lodged.

• (3) The Land Commission shall not exercise, in relation to land which is seashore within the meaning of the Foreshore Act, 1933 (No. 12 of 1933), a power conferred by this section save after consultation with the Minister for Industry and Commerce.

• (4) All objections duly made to the exercise by the Land Commission of a power conferred by this section shall be determined by the Lay Commissioners (other than the members of the Appeal Tribunal) and, if and when all such objections (if any) have been finally determined or the time for making such objections has expired without any such objection having been duly made, the Land Commission may, whether the compensation or price has or has not been ascertained, make such order as is requisite for the exercise of such power and is authorised by this section.

• (5) An order made by the Land Commission under this section shall be expressed and shall operate to do whichever one or more of the following things is appropriate, that is to say:—

• (a) to vest in the Land Commission, for and during a specified period, the land, easement, or right;

• (b) to suspend, for and during a specified period, the exercise of the easement or right;

• (c) to authorise the Land Commission to restrict or interfere with, for and during a specified period, the exercise of the easement or right;

• (d) to authorise the Land Commission to close, divert or otherwise interfere with, for and during a specified period, the road, way, bridge, or waterway.

• (6) The following provisions shall apply and have effect in relation to the price or compensation to be paid by the Land Commission in respect of the exercise by the Land Commission of a power conferred by this section, that is to say:—

• (a) such price or compensation shall, in default of agreement, be fixed by the Lay Commissioners (other than the members of the Appeal Tribunal);

• (b) an appeal shall lie to the Appeal Tribunal from an order of the Lay Commissioners fixing such price or compensation, and the decision of the Appeal Tribunal on such appeal shall be final;

• (c) such price or compensation shall be paid in money and may be either a lump sum or a rent or other annual payment;

• (d) if such price or compensation is a lump sum, it shall be lodged to the credit of the matter and shall be allocated by the Judicial Commissioner as if it were the price of land purchased under the Land Purchase Acts;

• (e) if such price or compensation is a rent or other annual payment, it shall be paid to such person as, in default of agreement, shall be determined by the Judicial Commissioner;

• (f) such price or compensation, whether a lump sum or a rent or annual payment, shall be paid out of money provided by the Oireaehtas.

58 Prohibition of removal of surface of certain land.

58.—(1) This section applies only to land the whole or an undivided share or undivided shares of which has or have been purchased or agreed to be purchased under the Land Purchase Acts and which is owned by two or more persons as joint tenants or as tenants in common.

• (2) Whenever it appears to the Land Commission that the removal of the surface of any land or of part of any land to which this section applies has injured or is likely to injure such land by prejudicing the future reclamation, afforestation, cultivation, or other use thereof, the Land Commission may by order prohibit the removal of the surface of such land.

• (3) The Land Commission shall not make an order under the foregoing sub-section of this section save—

• (a) after giving in the prescribed manner the prescribed notice of their intention to make such order, and

• (b) where such land or any part thereof is seashore within the meaning of the Foreshore Act, 1933 (No. 12 of 1933), after consultation with the Minister for Industry and Commerce.

• (4) If any person removes the surface of any land in contravention of an order made by the Land Commission under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every square yard of such land from which the surface is so removed.

59 Sale under section 4 of the Irish Land Act, 1903, otherwise than by means of an advance.

59.—(1) Where a parcel of land is sold to trustees for any of the purposes mentioned in section 4 of the Irish Land Act, 1903, or in that section as extended by section 18 of the Irish Land Act, 1909, or by section 69 of the Land Act, 1923, or by section 33 of the Land Act, 1933, such parcel may be purchased by such trustees otherwise than by means of an advance under the Land Purchase Acts.

• (2) Where a parcel of land is, by virtue of the foregoing sub-section of this section, purchased by trustees otherwise than by means of an advance under the Land Purchase Acts, the provisions of section 20 of the Irish Land Act, 1903, and the relevant provisions of the said section 18 of the Irish Land Act, 1909, and of the said section 69 of the Land Act, 1923, shall apply and have effect in relation to such sale and purchase.

60 Amendment of section 31 of the Land Act, 1923.

60.—Sub-section (2) of section 31 of the Land Act, 1923, (except so much of that sub-section as requires the Land Commission to be satisfied as to the intention of an applicant not to sell, let, or assign the land) shall not apply in any case of a sale under the said section 31 in respect of which the Land Commission is satisfied that, having regard to the nature or character of the parcel of land which is the subject of the sale or the purpose for which it is purchased, the provisions of sub-section (2) of the said section 31 (except as aforesaid) are inappropriate and should not be applicable.

61 Advances on resale of houses in towns or villages.

61.—(1) On the resale of a holding consisting of a house (whether with or without a garden or similar plot of ground attached thereto) in a town or village, the Land Commission may make an advance under the Land Purchase Acts to the purchaser of such holding on such resale notwithstanding that such purchaser is not in occupation of such holding or is in occupation of part only thereof.

• (2) An advance made under this section shall be repayable by the like purchase annuity as would be applicable to such advance if the purchaser to whom it was made were in occupation of the holding.