Land Act, 1939
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Applications and orders under section 37 of the Land Act, 1936. |
36.—(1) Where the Lay Commissioners (other than the members of the Appeal Tribunal) make in respect of any land such order as is authorised by sub-section (1) of section 37 of the Land Act, 1936 , or such order as is authorised by sub-section (3) of that section, the power conferred by section 38 of the Land Act, 1933 , on the Land Commission, in the circumstances therein mentioned, to fix the standard purchase annuity in the manner therein provided shall be exercisable in relation to such land, but for the purposes of such exercise the reference in the said section 38 to the 9th day of August, 1923, shall be construed as a reference to the date of the said order under sub-section (1) or sub-section (3), as the case may be, of the said section 37. | |
(2) Where an application made under sub-section (3) of section 37 of the Land Act, 1936 , as amended by this Act, is granted, the standard purchase annuity set up in consequence of the granting of such application shall not exceed the rent reserved by or actually paid and accepted in substitution for the rent reserved by the fee farm grant or lease under which the parcel to which such application relates was held by the applicant at the date of the order granting such application or, where that fee farm grant or lease comprised other land in addition to the land in respect of which the said application is granted, the part of the said rent apportioned by the Land Commission on the said parcel. | ||
(3) Sub-section (6) of section 37 of the Land Act, 1936 , is hereby repealed and in lieu thereof it is hereby enacted that, notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891 ,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 , the Lay Commissioners (other than the members of the Appeal Tribunal) shall not be precluded from making an order under the said section 37 in respect of a parcel of untenanted land by reason only of the fact that such parcel 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, lease, or tenancy under which the parcel of land to which the 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. |