Land Act, 1923
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Power of Land Commission in regard to retained holdings. |
29.—In the case of every holding retained by the Land Commission— | |
(1) The Land Commission shall have, and may exercise all or any of the powers exercisable by them as respects holdings on Estates vested in them, including powers of resumption of the whole or part of the holding, whether the holding is or is not part of an Estate or subject to a judicial rent; and in exercising the powers aforesaid shall have regard to the necessity of relieving congestion, the desirability of increasing the food supply of the country, and the manner in which the holdings have been used. | ||
(2) When the Land Commission resume part of a holding they may apportion the rent which was payable in respect of the holding at the date of the passing of this Act between the part resumed and the remainder of the holding as the justice of the case may require. | ||
(3) On any application by the Land Commission for or in connection with the resumption of a holding, the powers of the Court under section five of the Land Law (Ireland) Act, 1881 , shall be exercised exclusively by the Judicial Commissioner whose decision shall be final. | ||
The compensation payable to the tenant shall be fixed on the basis on which resumption prices have heretofore been fixed under the said section and in fixing the price the Judicial Commissioner may have regard to payments made by the tenant to the Land Commission under this Act. | ||
The compensation payable to the tenant shall be paid in 4½ per cent. Land Bonds, equal in nominal amount thereto, and all claims attaching to the compensation shall be paid and discharged as if they were claims attaching to purchase money paid by means of 4½ per cent. Land Bonds under this Act. | ||
(4) There shall be payable to the Land Commission by the tenant of every retained holding an annual sum equivalent to the standard purchase annuity for the holding and the additional annuity (if any) in respect of compounded arrears of rent added to the purchase money from the appointed day— | ||
(a) if the entire holding is re-sold to the tenant, until the gale day next after the vesting of the holding; | ||
(b) if the holding is resumed by the Land Commission, until the date of such resumption; | ||
(c) if part of the holding is re-sold to the tenant or is resumed by the Land Commission, until such date as the Land Commission shall appoint but subject to such apportionment or variation before that date as the Land Commission shall direct. | ||
The Land Commission shall have for the recovery of such annual sum the same remedies as they have for the recovery of unpaid instalments of purchase annuity. | ||
(5) There shall be payable by the tenant to the Land Commission on the gale day on which the first instalment of the said annual sum shall become payable by him an additional sum, equivalent to a proportion of the said annual sum, in respect of the period between the said gale day and the day on which the next dividends are payable on Land Bonds issued under this Act. The Land Commission shall have for the recovery of such additional sum the same remedies as they have for the recovery of unpaid instalments of purchase annuity. | ||
(6) If the entire holding is re-sold to the tenant, all payments made by the tenant after the appointed day on foot of the annual sum payable by him to the Land Commission under this section shall from and after the vesting of the holding in him be treated for all purposes as if they had been payments in respect of purchase annuity. | ||
In every other case such proportion of the payments aforesaid as the Land Commission shall direct shall from and after the vesting of any part of the holding in a purchaser be treated for all purposes as if they had been payments in respect of purchase annuity charged on that part of the holding. |