Land Act, 1931
|
PART IV. Miscellaneous and General. | ||
|
Amendment of vesting orders. |
30.—(1) Where the Judicial Commissioner is satisfied, on the application of any person interested and after notice to all such persons as he shall direct and upon hearing such evidence as he shall think proper to receive, that a vesting order made under the Land Purchase Acts (including this Act) whether before or after the passing of this Act contains an error within the meaning of this section, the Judicial Commissioner may either amend such vesting order as justice may require or confirm such vesting order without amendment. | |
(2) References in this section to errors in a vesting order shall be construed as including errors and mistakes of every kind whatsoever, whether clerical or substantial, or whether occasioned by the Land Commission or due to an error or mistake in an agreement, return, rental, statement of particulars, or other document made or prepared by a person other than the Land Commission and lodged with or furnished to the Land Commission. | ||
(3) Where the Judicial Commissioner makes an order under this section amending a vesting order, the registering authority under the Local Registration of Title (Ireland) Act, 1891, shall on the lodgment with him of an office copy of such order rectify the register under that Act as may be necessary to make such register conformable with the said vesting order as so amended. | ||
(4) Whenever the Judicial Commissioner amends a vesting order under this section he may amend any error in any list, agreement, return, or other document (whether prepared or made by the Land Commission or lodged or furnished by another person with or to the Land Commission) which in his opinion caused or contributed to the error in the said vesting order. | ||
(5) Whenever the Judicial Commissioner amends or confirms a vesting order under this section he may if he so thinks fit order payment of such compensation for or in lieu of (as the case may be) amendment of such vesting order to be made by such person (including the Land Commission) to such person as justice may require having regard to all the circumstances of the case. | ||
(6) An appeal on questions of fact, as well as on questions of law, shall lie to the Supreme Court from any order made by the Judicial Commissioner under this section. | ||
(7) In this section the expression “vesting order” includes a vesting fiat. | ||
(8) Sub-section (3) of section 32 of the Land Law (Ireland) Act, 1896 , and sub-section (6) of section 58 of the Land Act, 1923 , are hereby repealed. |