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Land Act, 1939

Amendment of section 43 of the Land Act, 1936.

46.—(1) Paragraph (c) of section 43 of the Land Act, 1936 , is hereby repealed and in lieu thereof it is hereby enacted that, notwithstanding anything contained in sub-section (4) of section 9 of the Purchase of Land (Ireland) Act, 1891 ,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 , an application to which the said section 43 applies may be made and granted in respect of a parcel of land which 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 or lease under which the parcel of land to which such 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 and Part III of the Land Act, 1933 , shall not apply in respect of the purchase annuity set up in consequence of the granting of such application.

(2) Where—

(a) a purchase annuity is set up (whether before or after the passing of this Act) in consequence of the granting of an application made under section 44 of the Land Act, 1931 (as amended by subsequent enactments) before the passing of this Act solely by virtue of paragraph (c) of section 43 of the Land Act, 1936 , and

(b) the applicant on such application was the proprietor of the holding to which such application related, and

(c) such holding had been vested in a purchaser under the Land Purchase Acts subject to a superior interest,

then and in every such case, the purchase annuity so set up shall, notwithstanding anything to the contrary contained in the said paragraph (c), be revised under Part III of the Land Act, 1933 , as from the appointed day.

(3) Paragraph (e) of section 43 of the Land Act, 1936 , is hereby amended, as from the passing of that Act, by the insertion in the said paragraph of the words “was held” immediately after the words “application relates.”