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Power to ratify exchanges of portions of holdings.
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33.—(1) Where it appears in the course of proceedings for sale under the Land Purchase Acts that a tenant of a holding is in occupation of portion of an adjoining holding and that the tenant of such adjoining holding is in occupation of portion of the first mentioned holding, whether such exchange of occupation is the result of an agreement or is occasioned by the alteration of the course of a stream, the making of a road, or any other event or thing, then and in such case, the Lay Commissioners (other than the members of the Appeal Tribunal), if they think it expedient so to do, may, with the consent of all parties concerned or on notice in the prescribed manner and giving all parties an opportunity of being heard, make an order ratifying the said exchange.
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(a) the land taken by either tenant upon such exchange shall be deemed to be held by the same tenure, and shall, without any conveyance or other assurance in relation thereto, go and enure to and upon the same uses and trusts and be subject to the same payments, conditions, charges, and incumbrances as those upon and to which it would have stood limited and been subject if it had always formed part of the holding of such tenant, and
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(b) all rights and remedies for the recovery of payments in respect of the land taken by either tenant on such exchange shall be exercisable in respect of, and may be pursued against, the land taken by the other tenant on such exchange in the same manner as they might have been exercised or pursued (if such exchange had never taken place) against the land originally liable thereto.
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