Mines and Minerals Act, 1931
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Award of compensation by the Board. |
41.—(1) Where compensation under this Act is payable the following persons, that is to say:— | |
(a) any person claiming to be entitled to such compensation, or | ||
(b) if such compensation is compensation under Part III of this Act or compensation under Part IV of this Act and the land in respect of which such compensation is payable is for the time being subject to a land purchase annuity, the Irish Land Commission, | ||
may apply to the Board to determine the amount of such compensation. | ||
(2) Where an application for compensation under this Act is made under this section the Board shall inquire into such application and shall after such inquiry make their award thereon. | ||
(3) Every award (in this Part of this Act referred to as an award) made by the Board under this section shall contain the following matters— | ||
(a) a statement of the amount of the compensation (if any); | ||
(b) the name of the person by whom such compensation is to be paid; | ||
(c) the name of the person to whom such compensation is to be paid; | ||
(d) if the compensation is to be paid to two or more persons, the allocation of such compensation amongst such persons; | ||
(e) if the compensation is assessed in respect of any land for the time being subject to a land purchase annuity the matters required by the next following sub-section to be included in such award. | ||
(4) Where compensation is assessed by the Board under this section in respect of land which is for the time being subject to a land purchase annuity, the Irish Land Commission may, if they so think fit, request the Board— | ||
(a) if the amount of such compensation is equal to or less than the redemption price of such annuity and the arrears (if any) of such annuity, to order by their award payment to the Irish Land Commission of the whole or such part of the compensation as the Irish Land Commission request, or | ||
(b) if the amount of such compensation exceeds the redemption price of such annuity and the arrears (if any) of such annuity, to order by their award payment to the Irish Land Commission of such sum, not exceeding the amount of the said redemption price and arrears (if any), as the Irish Land Commission request, | ||
and the Board shall comply with such request. | ||
(5) Where any award in relation to land for the time being subject to a land purchase annuity provides for the payment of any moneys to the Irish Land Commission, upon payment thereof to the Irish Land Commission such moneys shall be applied by the Irish Land Commission as they think fit in discharge of the arrears (if any) of such annuity and towards the redemption of such annuity or in either of the said ways. |