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Crown rents, quitrents, and tithe rentcharge.
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15.—(1) When any land sold under the Land Law (Ireland) Acts is subject with other lands to any Crown rent, quitrent, or tithe rentcharge, the Land Commission may, if they think it expedient, apportion such Crown rent, quitrent, or tithe rent-charge, between the land sold and the other land, in such manner as to them seems equitable; and when any such land is subject with other lands to any land improvement charge or drainage charge, the Commissioners of Public Works, on the requisition of the Land Commission, may apportion the same between the land sold and other lands, and may issue a [1]
certificate setting forth such apportionment.
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Upon any apportionment being made under this section, such portion of the rent or rentcharge or charge as is apportioned to the land sold shall alone be deemed to be the Crown rent, quitrent, tithe rentcharge, or drainage charge chargeable on the land sold.
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(2) The Land Commission may, if they think it expedient, order the redemption of any Crown rent, quitrent, or tithe rentcharge, or any apportioned part thereof, at a price to be fixed by the Land Commission. They may also, if they think it expedient, order the redemption of any land improvement charge or drainage charge or apportioned part thereof in accordance with the scale fixed by the statutes in that behalf.
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(3) No such apportionment or redemption of Crown or quitrent shall be made without the previous consent of the Commissioners of Woods; and no such apportionment or redemption of land improvement charge or of drainage charge payable to the Commissioners of Public Works, or redemption of tithe rentcharge payable to the Land Commission, shall be made without the previous consent of the Treasury.[2]
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For the purpose of this section, the Treasury may from time to time make rules for regulating the mode of giving consents, and the terms upon which consents shall be given.
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When any such land sold is subject with other lands to any incumbrance as defined by this Act, the Land Commission may, if they think it expedient, require the persons entitled to such incumbrance to accept the money advanced for the purchase of the land sold in part discharge of the incumbrance, and the Land Commission may, if they think it expedient and just so to do, by order declare the land sold to be discharged of all incumbrances and upon the making of such order the incumbrances therein mentioned shall cease to be a charge upon such land.
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[1 As to effect of certificate, see 51 & 52 Vict. c. 39, s. 5.]
[2 The consent of the Treasury is not required where the Land Commission order the redemption of tithe rentcharge at a price not less than twenty times the net amount of such rentcharge, after making such deduction in respect of rates as is provided by 35 & 36 Vict. c. 70, s. 7, see 59 & 60 Vict. c. 47, s. 37 (1), which, however, does not apply in certain cases, see ib., s. 37 (2), and 63 & 64 Vict. c. 58, s. 9.] |
