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IRISH LAND ACT 1907
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CHAPTER XXXVIII.
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An Act to make provision with respect to the Disposal of Mining Rights under section thirteen of the Irish Land Act, 1903, and to amend section fifty-four of that Act. [28th August 1907.]
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Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
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As to disposal of mining rights.
3 Edw. 7. c. 37.
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1.—(1) The Irish Land Commission may let, lease, sell or demise to any person in such manner and subject to such conditions as they may think proper, and at the best rent or price, as the case may be, which may be obtainable, any exclusive right of mining or taking minerals, or digging or searching for minerals, reserved to them under section thirteen of the Irish Land Act, 1903.
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(2) For the purpose of ascertaining the value of any such right, the Commission may, either alone or in association with any other persons, after having given to the occupier of the land in respect of which the right is to be exercised at least one month’s notice by registered letter, addressed to him at his last-known place of abode, and subject to the provisions of sub-section four of the said section thirteen as to compensation, enter upon the land and make such borings and other experiments as, in the opinion of the Commission, appear necessary or desirable.
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(3) Out of the profits arising from any disposition of any such right made by the Land Commission there shall be paid any expenses incurred under the authority of this Act in relation to such right, and any sums advanced out of the reserve fund mentioned in section forty-three of the said Act of 1903 for payment of those expenses shall be repaid to that fund, and the net profit remaining shall, after deduction of the percentage provided for in subsection three of section thirteen of the said Act, be paid into and form part of that fund.
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(4) The powers conferred upon the Irish Land Commission by this section shall only be exercised with the approval of the Judicial Commissioner and after having, where practicable, ascertained the views of the person entitled to the aforesaid percentage.
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(5) Not less than one month before any disposition is made under this section of any right, the Commission shall publish, in a newspaper circulating in the locality where the right is to be exercised, a notice stating their intention to make a lease or sale, as the case may be, and inviting offers from any persons wishing to exercise the right.
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Amendment of 3 Edw. 7. c. 37. s. 54 (4) with respect to charges created by will or codicil.
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2.—(1) The period limited with respect to the registration, in pursuance of subsection four of section fifty-four of the Irish Land Act, 1903, of a charge on a holding created by will or codicil shall be twelve months from the date of the grant of probate of the will, or letters of administration with the will annexed, as the case may be, and the said section shall have effect as if the said period of limitation were substituted therein for the period of six months from the death of the testator.
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(2) Such registration if not previously effected by some other person shall, within the time limited by this section, be effected, for the benefit of the owner of the charge, by the person becoming beneficially entitled to the holding on the death of the testator.
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Short title.
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3. This Act may be cited as the Irish Land Act, 1907.
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