Purchase of Land (Ireland) Act, 1885

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PURCHASE OF LAND (IRELAND) ACT 1885

CHAPTER LXXIII.

An Act to provide greater facilities for the Sale of Land to occupying Tenants in Ireland. [14th August 1885.]

Short title.

1. This Act may be cited for all purposes as the Purchase of Land (Ireland) Act, 1885.

Advances by the Land Commission.

Advances to tenants under this Act.

44 & 45 Vict. c. 49.

2. For enabling tenants to purchase their holdings, either from the Land Commission or from the landlords of such holdings, the Land Commission may make advances under this Act out of any funds at their disposal.

With respect to advances under this Act, the provisions of Part Five of the Land Law (Ireland) Act, 1881, shall be amended as follows; that is to say,

(a.) The Land Commission may, if the repayment of the advance is secured by a deposit under this Act (hereinafter referred to as a guarantee deposit), and if the Land Commission are satisfied with the security in other respects, make an advance to a tenant who is purchasing his holding of the whole principal sum or price payable by the tenant, instead of the three fourths thereof mentioned in Part Five of the Land Law (Ireland) Act, 1881.

(b.) In making advances under this Act the Land Commission shall prefer applications for the purchase of holdings upon which the tenants reside, or which are reasonable adjuncts to holdings upon which such tenants reside.

. . . . . . . . . .

Deposit of money as guarantee fund.

45 & 46 Vict. c. 38.

3. Any person willing to secure the repayment of an advance made by the Land Commission to a tenant who is purchasing his holding either from the Land Commission or from the landlord of such holding may deposit with the Land Commission such sum, as a guarantee deposit, not being less than one fifth of the advance, as may be agreed on between him and the Land Commission.

If the person willing to secure the repayment of such advance is a landlord entitled to be paid by the Land Commission, or out of moneys provided by the Land Commission, any sum for the purchase money of any land sold by him, he may provide such guarantee deposit by permitting the Land Commission to retain the same out of such sum so payable for purchase money.

[¹] The Land Commission shall pay interest on the guarantee deposit at the rate of three per cent. per annum.

Subject to the other provisions of this Act, the Land Commission shall [²] retain the guarantee deposit until they ascertain and by order declare that the person liable for the repayment of the advance has repaid on account of principal money a sum equal to the guarantee deposit, and shall then pay over the guarantee deposit to the person entitled thereto.

If at any time during the period for which the Land Commission are authorized to retain the guarantee deposit any sum due to the Land Commission in respect of an advance secured by a guarantee deposit under this Act is declared by them, by order, to be an irrecoverable debt, the Land Commission may apply the guarantee deposit in discharge or reduction of such irrecoverable debt.

Such order shall not be made, unless the Land Commission, having exercised any power of sale of the holding which they legally may exercise, have failed to realise by means of such sale the sum due to them secured on the holding, or unless it appears by the order of the Land Commission that they have attempted to exercise such power of sale and have been unable to do so.

Whenever it appears by such order that the Land Commission have attempted to exercise their power of sale and have been unable to do so, and the Land Commission thereupon apply a guarantee deposit or any part of it in discharge or reduction of any sum charged upon a holding, it shall be lawful for the Land Commission, by order, to declare that the interest in the holding of the person liable to pay such sum shall be charged in favour of the person entitled to the guarantee deposit with the amount of the guarantee deposit, or so much thereof as has been so applied by the Land Commission as aforesaid, with interest thereon at the rate of three per centum per annum until such charge is realised.

Trustees entitled to receive the purchase money produced by the sale of any settled land may, and shall if required by the tenant for life of the settled land, or the person having the powers of a tenant for life within the meaning of the Settled Land Act, 1882, secure, by a guarantee deposit, the repayment of an advance made for the purchase of any holding being or forming part of such settled land, and may apply or permit the Land Commission to retain so much of the purchase money as the trustees or such tenant for life or other person may think fit for that purpose.

Terms of repayment of advances.

33 & 34 Vict. c. 46.

44 & 45 Vict. c. 49.

46 & 47 Vict. c. 43.

4. With respect to advances to be made under this Act, or to be made under the Landlord and Tenant (Ireland) Act, 1870, or the Land Law (Ireland) Act, 1881, and also with respect to advances to be made to tenants under Part Two of the Tramways and Public Companies (Ireland) Act, 1883, the provisions of Part Five of the Land Law (Ireland) Act, 1881, shall be amended as follows:

(a.) Every such advance shall be repaid by an annuity in favour of the Land Commission for forty-nine years, of four pounds for every hundred pounds of such advance, and so in proportion for any less sum, instead of by the annuity mentioned in the said Act.

(b.) Every such annuity, or any portion of it at any time outstanding, may be redeemed in whole or in part by the person liable to pay such annuity, by payment to the Land Commission of a sum equivalent to the then value of such annuity or of such portion of it as is sought to be redeemed. . . .

. . . . . . . . . .

(d.) Subject to the amendments contained in this Act, the provisions of Part Five of the said Act shall apply to all advances under this Act.

Where a holding is sold by the Land Judges to the tenant of that holding, the sale may, for the purpose of advances under this Act, and of guarantee deposits under this Act, be deemed to be a sale by a landlord to a tenant.

Sales of Land.

Purchase of estates and holdings.

45 & 46 Vict. c. 38.

5. The Irish Land Commission, if they have reasonably satisfied themselves that a resale can be effected without loss, may purchase any estate for the purpose of reselling to the tenants of the lands comprised in such estate their respective holdings, and may purchase any holding for the purpose of reselling it to the tenant thereof. Provided that such purchase of an estate shall only be made if the Land Commission are reasonably satisfied that holdings to the extent of not less than four-fifths in value and number of the estate will be purchased by the tenants thereof. This condition may be relaxed on special grounds with the consent of the Treasury, but so that in all cases the Land Commission are reasonably satisfied that holdings to the extent of not less than three-fourths in value and number of the estate will be purchased by the tenants thereof, and in every such transaction of the purchase of an estate the Land Commission shall retain not less than one-fifth of the purchase money to satisfy the purpose of a guarantee deposit as defined by section three of this Act.

The tenant of any holding may purchase such holding, and before or after completing the agreement for such purchase may apply to the Land Commission for an advance.

If the vendor of such estate or holding is a tenant for life, or has the powers of a tenant for life, and the land proposed to be sold is settled land, within the meaning of those expressions as used in the Settled Land Act, 1882, he shall have all the powers conferred upon tenants for life under that Act, subject to the amendments thereof herein contained and to the other provisions of this Act; and the purchase money arising from such sale may be invested or applied as if it were capital money arising under the said Act.

Power to tenant for life to leave part of purchase money outstanding.

45 & 46 Vict. c. 38.

6. Where a landlord of a holding is a tenant for life, or has the powers of a tenant for life within the meaning of those expressions as used in the Settled Land Act, 1882, and is selling such holding to the tenant thereof, he may exercise, to the same extent as if he were an absolute owner, the power of permitting any sum not exceeding one fourth of the purchase money to remain as a charge upon such holding secured by a mortgage; and in case any advance is made by the Land Commission to the tenant for the purchase of such holding, any such mortgage shall be subject to any charge in favour of the Land Commission for securing such advance; and any such mortgage shall be deemed to be part of the purchase money payable in respect of such holding, and the money secured thereby when paid shall be dealt with as if it were capital money arising under the Settled Land Act, 1882, or purchase money otherwise payable under this Act.

This section shall apply to the trustees of any settlement in the same manner as it applies to a tenant for life.

Sales of residues.

7. Where the Land Commission have purchased an estate, they may sell any parcels which they cannot sell to the tenants thereof, in such manner as they think fit.

The Land Commission may advance to any purchaser of a parcel under this section, on the security of such parcel, one half of the principal sum paid as the price.

Subject to that limitation on the amount of the advance, all the provisions of this Act relative to sales and advances to tenants by the Land Commission shall apply to the sale of a parcel in pursuance of this section in like manner as if the parcel had been a holding and the purchaser had been tenant thereof at the time of his making his purchase.

Vesting order in lieu of conveyance.

21 & 22 Vict. c. 72.

8. When a holding has been sold by the Land Commission to a tenant or other person, also when a holding has been sold by a landlord to a tenant, and it has been agreed between the Land Commission and the landlord and the tenant that such sale shall be carried into effect by means of a vesting order of the Land Commission under this Act, it shall be lawful for the Land Commission, if they think fit, after due investigation of title and being satisfied therewith, to make an order under their seal and signed by a Commissioner vesting the holding, or the interest of any person or of the Land Commission in such holding, in the purchaser, freed from all charges if the vesting order so declares, or subject to such charges as may be specified in such order; or, if the vesting order so declares, subject to such charges as may lawfully affect such holding.

Every order purporting to vest a holding or interest in a purchaser which purports to be made by the Land Commission in exercise of the powers conferred on them by this Act shall be binding upon all persons claiming any estate or interest in the land comprised in the holding, including Her Majesty, her heirs and successors, and shall be as effectual in all respects, save as herein-after provided, as if it were a conveyance or assignment executed by one of the Land Judges of the Chancery Division of the High Court of Justice in Ireland under the Landed Estates Court Act: Provided, that where the purchaser of a holding is also tenant of the holding the interest vested in him by such order shall, subject to any charges, rights, or easement set out in the order, be deemed to be a graft upon the previous interest of the tenant in the holding, and be subject to any rights or equities arising from its being such graft.

The enactments of this section relative to the operation and effect of a vesting order purporting to vest a holding, shall apply to an order purporting to vest an interest in a holding, so far as relates to such interest.

Charges and rights subject to which the sale may be made. 21 & 22 Vict. c. 72.

9. . . . . . . . . . .

(3.) The provisions of the sixty-second section of the Landed Estates Court Act relative to tithe rent charge, quitrent, Crown rent, and charges in favour of the Commissioners of Public Works not being prejudiced or affected by the conveyances therein mentioned, and relative to the redemption of such quitrent, Crown rent, and charges, and relative to the notice to be given to the Commissioners of Woods, shall apply to vesting orders under this Act.

(4.) Where the land comprised in any holding is subject to any mortgage, incumbrance, or charge, the Land Commission shall, before sanctioning or completing the sale of such holding, give such notice to the mortgagee, incumbrancer, or person interested as may be prescribed by rules of the Land Commission.

(5.) In the case of a sale by a landlord to a tenant, where it is agreed that the sale shall be carried into effect by a vesting order of the Land Commission, such vesting order may, notwithstanding anything herein-before contained, be made at any time after the application for such vesting order has been made to the court, and same may be made though the landlord is only tenant for life, or has the powers of a tenant for life, and whether or not the holding, either solely or in common with other lands, is subject to any incumbrance or annual charge, and the fact of such incumbrance or annual charge affecting only a partial interest in the estate sold, such as a tenancy for life or lesser interest, shall not affect the right to make such vesting order, but the purchase money shall in all cases where the court shall think fit be paid into court to abide the further order of the court, and shall, for all purposes as regards the rights or claims of any person to or against the estate sold, represent such estate, and unless and so far as the vesting order shall otherwise declare, the rights and claims of all persons in respect of the estate sold, or any incumbrance or annual charge thereon, shall, from the date of such vesting order, be transferred to the purchase-money, and the purchaser shall be wholly freed from any liability or claim in respect thereof.

Powers of Land Commission in cases of sales. 21 & 22 Vict. c. 72.

45 & 46 Vict. c. 38.

21 & 22 Vict. c. 72.

10. [¹] In every case in which a holding is sold by the Land Commission to a tenant or other person; also in every case in which a holding is sold by a landlord to a tenant, and it is agreed that such sale shall be carried into effect by a vesting order of the Land Commission, the Land Commission shall have the jurisdiction and powers which are vested in the Land Judges of the Chancery Division of the High Court by the following sections of the Landed Estates Court Act, and those sections shall be incorporated with this Act, as if the Land Commission were therein referred to, and as if the purposes of those sections included the purposes of this Act, that is to say:—

Section thirty-seven, relating to the jurisdiction and powers of the Court, so far as may be necessary for enabling the Land Commission to discharge any of the duties imposed on them by this Act.

Sections sixty-four and sixty-five, relating to the application, retention, and investment of purchase money.

Section sixty-six, relating to the appointment of trustees.

Sections sixty-eight and sixty-nine, relating to Crown rent, and quitrent, and incumbrances and charges.

Section seventy, relating to the payment of purchase money into Court in certain cases. Money may be paid into Court under that section, in all cases in which the Land Commission think it expedient, and when paid in, may be invested or applied as if it were capital money arising under the Settled Land Act, 1882, and were paid into Court under that Act; or, if the Land Judges so order, as if it were money paid into Court under the said section of the Landed Estates Court Act.

Section seventy-two, relating to apportionment of rent, and in that section the term “rent” shall include a fee-farm rent.

Section seventy-three, relating to persons under disability.

Section seventy-six, relating to the abatement of proceedings.

Powers of the Land Commission for the partition of land held in common, &c. 21 & 22 Vict. c. 72.

11. Where land to be sold under this Act is held by tenants in common or rundale or intermixed plots, it shall be lawful for the Land Commission, upon the application of either landlord or tenant, or if it shall seem expedient to the said Land Commission, to make orders for the partition, exchange, or division of such land, and the provisions of the seventy-ninth to the eighty-second sections inclusive of the Landed Estates Court Act shall apply to such partitions, exchanges, and divisions.

Appropriation of income and capital money.

12. When the capital money arising from any sale under this Act is retained by the Land Commission, the income thereof shall be paid by them to the vendor or other person entitled thereto.

The Land Commission shall make orders for the payment of such purchase money to any persons found by the Land Commission to be entitled thereto.

Save as expressly provided by this Act, nothing herein contained shall affect the rights of any incumbrancer, or other person interested in any estate or holding sold, to the capital money arising from such sale.

Appointment of trustees; purchase of rents, &c. by the Land Commission.

45 & 46 Vict. c. 38.

13. When the tenant for life of any settled land, or a person having the power of a tenant for life, is desirous to sell the land, or any part, to the Land Commission, and there are no trustees of the settlement for the purposes of the Settled Land Act, 1882, or it is expedient that new trustees should be appointed, it shall be lawful for the Land Commission to appoint fit persons to be trustees of the settlement for the purposes of that Act.

Whenever, for the purposes of purchasing any estate for resale to the tenants thereof, it appears to the Land Commission expedient so to do, the Land Commission may purchase any land or hereditament held in connexion with such estate or any rent issuing out of it; or may purchase up or obtain the release of any right, easement, charge, or incumbrance affecting it.

Sales to be for a gross sum. Stamp duty.

14. On every sale, when an advance is made by the Land Commission to the purchaser, the Land Commission shall charge the purchaser with one gross sum, which shall include the advance, the stamp duty on the vesting order or conveyance, if any, made by the Land Commission, and the stamp duty and fees payable for registering such vesting order or conveyance.

A landlord negotiating for the sale to the Land Commission of a holding or estate shall furnish the abstract of his title and verify the same to the satisfaction of the Land Commission at his own cost.

No charge shall be made in respect of any investigation by the Land Commission of the title of either the vendor or the purchaser of any holding.

Power to sell subject to annuity.

44 & 45 Vict. c. 49.

15. [¹] Any sale of a holding by the Land Commission under the thirtieth section of the Land Law (Ireland) Act, 1881, or under any power of sale, may, notwithstanding anything contained in that section, be made subject to the future payment of the annuity payable in respect of such holding, and in that case no part of the proceeds of such sale shall be applied in redemption of the said annuity; but, save as aforesaid, such proceeds shall be applied in the manner provided by that section.

Injunction to put purchaser in possession.

16. When any holding is sold by or at the suit of the Land Commission, the High Court of Justice in Ireland, or the county court of the county in which such holding is situate, may on the application of any purchaser issue an order to the sheriff to put such purchaser in possession of the holding or part thereof purchased by him, and such order shall be executed by the sheriff in like manner as a writ for the delivery of possession.

Supplemental Provisions.

Additional members and officers of the Land Commission.

44 & 45 Vict. c. 49.

17. In addition to the three persons named as commissioners in the Land Law (Ireland) Act, 1881, Her Majesty may, by warrant under the Royal Sign Manual, appoint two other persons to be members of the Irish Land Commission.

Such persons [¹] . . . shall each be paid an annual salary of two thousand pounds.

The provisions of the Land Law (Ireland) Act, 1881, which relate to the members of the Irish Land Commission, other than the Judicial Commissioner, shall apply to each of the persons so appointed, and to every person appointed as herein-after provided to a vacancy in his office, as if he had been named in the said Act a member of the Land Commission other than the Judicial Commissioner.

Whenever . . . any vacancy occurs in the office of either of the persons so appointed by his death, resignation, inability to act, or otherwise, or of any person appointed in his place, Her Majesty may, if she thinks fit, by warrant under the Sign Manual appoint some fit person to fill such vacancy.

. . . . . . . . . .

Notwithstanding the appointment of additional Land Commissioners under this Act, any matter or thing which under the Land Law (Ireland) Act, 1881, was required to be done by three members of the Land Commission sitting together, may be done by any three members sitting together; and any matter or thing which might lawfully be done under the said Act by three members or any less number, may still be done by any three members or any less number, of the Land Commission.

A barrister-at-law or solicitor shall not be deemed to have retired from practice by reason of his having been appointed and having acted as a commissioner or assistant commissioner under the Land Law (Ireland) Act, 1881, or this Act.

Officers of Landed Estates Court may be transferred to or serve as officers of the Land Commission.

18. For the purpose of carrying this Act into effect, any officer attached to the Land Judges’ branch of the Chancery Division of the High Court or to the court of either of the said Land Judges may, by order of the Lord Chancellor, with his own consent, be transferred to the office of the Land Commission, or may, by virtue of a like order, with the like consent, serve as an officer of the Land Commission; and may discharge such duties under this Act as the Land Commission may assign to him, and may be awarded in either case such remuneration for his services as the Teasury may determine.

Receivership jurisdiction of the Land Judges.

40 & 41 Vict. c. 57.

19. Whenever either or both of the existing Land Judges of the Chancery Division of the High Court in Ireland shall die, resign, or otherwise vacate his office . . . the duties imposed upon them, or either of them, by the seventy-fifth section of the Supreme Court of Judicature Act (Ireland), 1877, . . . or any of them, may be discharged by or under the directions of any judge or judges of the High Court or any judge or judges of the Court of Bankruptcy, named and assigned for that purpose by the Lord Chancellor, and the Lord Chancellor may from time to time, by order under his hand, name and assign a judge or judges for that purpose; provided that no judge appointed before the passing of this Act shall be so named or assigned without his own consent.

Addition to the staff of the Land Commission.

20. The Land Commission may from time to time, with the consent of the Lord Lieutenant and the Treasury, appoint or employ such counsel, examiners, solicitors, clerks, and persons as they think necessary for enabling them to carry into effect the provisions of this act.

Rules and forms. 44 & 45 Vict. c. 49.

21. Rules for carrying this Act into effect shall be deemed to be rules under the Land Law (Ireland) Act, 1881, and shall be made by the Land Commission accordingly, and forms and tables shall be settled or adapted by the Land Commission for the purposes of this Act.

Appeal, &c. 44 & 45 Vict. c. 49.

22. Notwithstanding anything contained in the forty-eighth section of the Land Law (Ireland) Act, 1881, to the contrary, any person aggrieved by a decision made on a question of law in proceedings under this Act may appeal from such decision to the Court of Appeal in Ireland. . . .

Terms of repayment of advances to tenant purchasers under 32 & 33 Vict. c. 42.

44 & 45 Vict. c. 71.

23. Whereas certain lessees and tenants of the Commissioners of Church Temporalities in Ireland, referred to in the first paragraph of the fifth sub-section of the thirty-fourth section of the Irish Church Act, 1869, purchased parcels of land from the Commissioners under that Act, and a part of the purchase-money was, in some cases, allowed by the Commissioners to remain outstanding, with interest at the rate of four per centum, and was secured to the Commissioners in some cases by a simple mortgage of the property sold, and in other cases by a deed, referred to in this section as an “instalment mortgage,” providing for the payment of the principal sum, with interest, by an annuity extending over a term of years:

And whereas under the Irish Church Act Amendment Act, 1881, the Land Commission are the successors of and stand in the place of the Commissioners of Church Temporalities in Ireland so far as regards such purchases and deeds of mortgage:

And it is expedient that the following provisions should take effect; therefore—

(1.) The rate of interest made payable by every such simple mortgage as aforesaid shall, from and after a day to be determined by the Land Commission by order, be reduced to a rate of three and one-eighth per centum;

(2.) Any person liable to pay to the Land Commission the annuity secured by such an instalment mortgage as aforesaid may make application to the Land Commission to accept payment of the amount then remaining due on the security of such instalment mortgage upon the terms herein-after specified:—

(a.) On such application the Land Commission shall ascertain, and by order declare, the amount of the principal money which then remains owing to them on the security of such instalment mortgage; and, by the same order, the Land Commission shall declare how many years would then remain unexpired of a term of forty-nine years, calculated to commence on the day on which the term of years commenced during which the instalments secured by such instalment mortgage were to continue payable;

(b.) The Land Commission shall accept payment of the said sum with interest at the rate of three and one-eighth per cent. by half-yearly instalments of such amount as shall be ascertained and declared by the Land Commission in such order to be required to pay off the said sum with interest at the rate aforesaid, if paid for the residue then unexpired of the said term of forty-nine years;

(c.) The payment of such instalments shall be secured to the Land Commission by deed, in such form as they may determine, which shall be in substitution for the instalment mortgage, and which shall be exempt from stamp duty;

(3.) No order shall be made with reference to any debt secured by a simple mortgage unless all interest on that debt due before making of the order is then paid up;

No order shall be made with reference to any debt secured by an instalment mortgage unless all instalments due before the making of the order are then paid up;

(4.) Nothing contained in this section shall apply to any debt due to the Land Commission in respect of any purchase from the Commissioners of Church Temporalities of land held from or under them by virtue of any lease for twenty-one years, or for three lives or twenty-one years, or for forty years, or for three lives, referred to in the last paragraph of the said fifth sub-section of the thirty-fourth section of the Irish Church Act, 1869.

[S. 24 rep. 59 & 60 Vict. c. 47. s. 52.]

Saving for 44 & 45 Vict. c. 49.

25. Nothing contained in this Act shall restrict the powers of the Land Commission under the Land Law (Ireland) Act, 1881.

Interpretation.

21 & 22 Vict. c. 72.

44 & 45 Vict. c. 49.

26. In this Act, unless there is something in the context repugnant thereto:—

The expression “the Landed Estates Court Act” means the Landed Estates Court (Ireland) Act, 1858, as amended by any Act or Acts.

The expressions “the Lord Chancellor,” and the “Land Commission,” mean respectively the Lord High Chancellor of Ireland and the Irish Land Commission.

Other expressions have the same meanings respectively as in the Land Law (Ireland) Act, 1881.

The expression “tenant” shall include a tenant holding under a fee farm grant.

[Sched. rep. 55 & 56 Vict. c. 61. s. 5. and Treasury Rule thereunder. See Stat. Rules and Orders 1895 (No. 133).]

[¹ Rep. so far as respects an advance made by stock, 54 & 55 Vict. c. 48. s. 43.]

[² As to investment of the deposit see 50 & 51 Vict. c. 33. s. 10.]

[¹ The powers of apportionment and redemption given to the Land Commission by this section extend to superior interests, and are to be exercised in such manner as shall appear equitable, and are not to be limited to an apportionment between the land sold and the residue of the land subject to the superior interest, 59 & 60 Vict. c. 47. s. 31 (3).]

[¹ This section, as amended by 59 & 60 Vict. c. 47., extends to a sale of a holding by the Land Commission as successors to the Commissioners of Church Temporalities in Ireland. See s. 38 (2) of that Act.]

[¹ As to the salaries and number of the Land Commissioners, see 55 & 56 Vict. c. 45.]