Land Act, 1933

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PART III.

Arrears and Revision of Purchase Annuities, Rents, and other Annual Payments.

Arrears and revision of purchase annuities payable to the Land Commission.

12.—(1) The following provisions shall have effect in relation to proceedings by the Land Commission for the recovery of arrears of any purchase annuity to which this section applies which accrued due on or before the first gale day in the year 1933, that is to say:—

(a) no such proceeding shall be begun after the passing of this Act;

(b) any judgment or decree for the payment of any such, arrears obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable;

(c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the Land Commission after such passing unless a defence was filed or entered in such proceeding before such passing.

(2) As soon as may be after the passing of this Act, the Land Commission shall ascertain the amount of the arrears of every purchase annuity to which this section applies which were due and owing on the 31st day of July, 1933, and the amount of the costs and expenses (if any) incurred by the Land Commission before the passing of this Act in proceedings (if any) commenced before the 1st day of October, 1932, for the recovery of such arrears, and immediately upon such ascertainment—

(a) where the amount so ascertained of such arrears does not exceed the aggregate amount of such purchase annuity payable during the three years ending on the first gale day in the year 1933, such arrears together with the amount so ascertained of the said costs and expenses shall (if not otherwise paid before the passing of this Act) be payable by means of a funding annuity and not otherwise; and

(b) in every other case, the amount so ascertained of the said costs and expenses together with so much of such arrears as is equal to the said aggregate amount shall (if not otherwise paid before the passing of this Act) be payable by means of a funding annuity and the residue of such arrears shall not be payable.

(3) The amount payable by the purchaser in respect of any instalment accruing after the first gale day in the year 1933 of any purchase annuity to which this section applies shall—

(a) in the case of a purchase annuity payable by an allottee in respect of a parcel of land purchased under the Irish Land (Provision for Sailors and Soldiers) Act, 1919 , or under the Land Act, 1923 , or any Act amending or extending that Act, be 45 per cent. and no more of the full amount of such instalment; and

(b) in every other case, be 50 per cent. and no more of the full amount of such instalment.

This sub-section shall apply to a purchase annuity notwithstanding that the holding in respect of which such annuity is payable was sold at an enhanced price owing to expenditure by the Land Commission on improvements.

(4) Where, in the case of a purchase annuity to which this section applies, arrears of rent or of interest on purchase money or of interest in lieu of rent or of payment in lieu of rent were due and owing on the 31st day of July, 1933, in respect of the holding in respect of which such purchase annuity is payable, the said arrears of rent, interest on purchase money, interest in lieu of rent or payment in lieu of rent (as the case may be) shall be deemed for the purpose of this section to be arrears of the said purchase annuity and this section shall apply thereto accordingly.

(5) This section (save as otherwise expressly provided therein) applies to every purchase annuity subsisting at the passing of this Act and payable in respect of a holding purchased under the Land Purchase Acts, including holdings for the purchase of which advances were made on the sale of lands bought by the Congested Districts Board out of the funds at its disposal.

(6) This section also applies to the following sums and moneys as if they were purchase annuities, and the expression “purchase annuities” shall for the purposes of this section be construed as including the said following sums and moneys, that is to say:—

(a) annual sums and additional sums payable by purchasers of holdings for the purchase of which agreements for purchase are deemed to have been entered into under the Land Purchase Acts; and

(b) annual sums and additional sums payable by tenants of retained holdings for the purchase of which agreements for purchase are not deemed to have been entered into; and

(c) annual sums and additional sums and arrears of rents or of interest on purchase money payable by purchasers 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 in pursuance of section 24 of that Act.