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Amalgamation of small holdings in congested districts county.
44 & 45 Vict. c. 49.
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37.—(1) For the purpose of amalgamating small holdings in a congested districts county, the Congested Districts Board may—
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(a) out of the moneys at their disposal, give special aid to the migration or emigration of any occupier of a holding, with his family, if any, and settling such migrant or emigrant under favourable circumstances in the place to which he first migrates or emigrates, on condition that he transfers his interest in that holding to an occupier of a neighbouring holding and that the holdings are amalgamated, or that he transfers such interest to the Land Commission; and
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(b) recommend the Land Commission to facilitate the amalgamation of small holdings, which the Land Commission are hereby authorised to do, whether by the apportionment of a purchase-annuity and of the guarantee deposit, or by a sale to a tenant, or by making an advance towards the purchase of an interest in a holding; and any such advance may be made out of money supplied by the Board, and shall be repaid by an annuity charged on the hoiding as if the advance were made under the Land Purchase Acts, but all sums received by the Land Commission on account of such annuity shall be paid to the Board. The annuity may be charged on the amalgamated holding, and not merely on the holding purchased, subject nevertheless to any prior charges on such portion of the holding as has not been purchased, and subject to any rent of either holding.
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(2) Provided that no holding shall be increased by amalgamation under this section so that in the opinion of the Board the rateable value will exceed twenty pounds.
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(3) In a congested districts county a small holding purchased by means of an advance by the issue of stock under this Act, shall not during the continuance of the purchase-annuity charged thereon be sold, except to the occupier of a holding in the neighbourhood or to the Land Commission, and if it is, the Land Commission may cause the holding to be sold as if for a breach of condition under section thirty of the Land Law (Ireland) Act, 1881.
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(4) The purchase by the Land Commission of a holding shall be made through the Congested Districts Board, and out of moneys provided by the Board, and for such price as may be agreed on by the vendor and the Board, or, in case of difference, may be determined by the Land Commission to be its full market value.
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(5) Where a small holding in a congested districts county is (whether under this section or the Land Purchase Acts) liable to be sold, or has been purchased by the Land Commission, the Land Commission shall endeavour to sell the same to one of the occupiers of a neighbouring holding with a view to the holdings being amalgamated.
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(6) The sale may be made upon such terms and conditions and at such price as the Land Commission fix, and the price may not be greater than the difference between the value of the two holdings after amalgamation and the value of the purchaser’s holding before amalgamation.
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(7) The purchase money may be advanced as if it were for a purchase under the Land Purchase Acts, save that the annuity shall be charged on the amalgamated holding, and not merely on the holding purchased, subject nevertheless to any prior charges on such portion of the holding as has not been purchased.
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