Land Act, 1953
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Amendment of section 24 of Land Act, 1939, and section 25 of Land Act, 1950. |
23.—(1) In addition to their present application, subsections (2), (3) and (4) of section 24 of the Land Act, 1939 , shall also apply in relation to land, being land in respect of which two or more persons are entitled to a right or rights (howsoever held or enjoyed) of grazing or turbary or grazing and turbary, for the purpose of the partition of the said right or rights and accordingly— | |
(a) in those subsections any reference to owners in common shall include a reference to the said two or more persons and any reference to a holding to which the said section 24 applies shall include a reference to the said right or rights, and | ||
(b) unless the person who appears to the Land Commission to be the owner of the said land is a consenting party to a scheme in respect of the said right or rights, the Land Commission shall serve on him, if it is reasonably practicable to ascertain that person, a notice stating the particulars of such scheme and the manner in which and the time within which he may object thereto and paragraphs (b), (c), (d) and (e) of subsection (4) of the said section 24 shall apply in respect of his objection (if any), and | ||
(c) and order made under the said section 24 confirming a scheme in respect of the said right or rights shall operate to entitle each of the said two or more persons to such right or rights only in relation to the part or parts of the said land specified in respect of him in such scheme (subject to the terms and conditions stated in such scheme). | ||
(2) Section 25 of the Land Act, 1950 , is hereby amended by the insertion in paragraph (b) of “such land or any part thereof is” before “purchased”. | ||
(3) Subsection (2) of this section shall be deemed to have come into operation on the passing of the Land Act, 1950 . | ||
(4) A copy of an order made under section 24 of the Land Act, 1939 , shall, where any registered land is affected by the order, be transmitted to the registering authority under the Registration of Title Acts, 1891 and 1942, and, on receipt thereof, the said registering authority shall cause the appropriate particulars to be registered under those Acts. | ||
(5) No fee shall be payable in respect of any proceedings in the Land Registry under subsection (4) of this section. |