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IRISH LAND ACT 1903

IRISH LAND ACT 1903 - LONG TITLE

An Act to amend the Law relating to the occupation and ownership
of Land in Ireland and for other purposes relating thereto and to
amend the Labourers (Ireland) Acts.{1}
[14th August 1903]
PART I$$A

IRISH LAND ACT 1903 - SECT 13
Provision with respect to sporting rights and minerals.

13.(1) Where, at the time of sale of any land to the Land
Commission or to tenants or others, the vendor has, subject to the
provisions of the Ground Game Act, 1880, sporting rights, exclusive
of the tenant, those rights may by agreement between the vendor and
purchaser, be either conveyed to the purchaser or be expressly
reserved to the vendor, and in the absence of such agreement those
rights shall be vested in the Land Commission, and the Land
Commission may deal with the same, subject to regulations to be
made by the Lord Lieutenant.

(2) The expression "sporting rights" includes any right of hunting,
shooting, fishing and taking game or fish on any land, and the
expression "game" has the same meaning as in section five of the
Act of 1881, and also includes deer.

(3) On the sale under the Land Purchase Acts of any land by the
Land Commission, or of any land comprised in an estate by the
owner of the estate, there shall be reserved, in the prescribed
manner, to the Commission the exclusive right of mining and taking
minerals and digging and searching for minerals, on or under that
land, and the said right shall be disposed of by the Commission in
manner hereafter to be provided by Parliament:

Provided that this subsection shall not apply

(a)to any demesne or other land resold in pursuance of section
three of this Act; or

(b)to any such right which constitutes a superior interest, or which
is vested in the Crown; or

(c)to any stone, gravel, sand or clay:

Provided also that, where any such right reserved to the Land
Commission under this subsection is at any time hereafter let,
leased, sold or demised by them, the vendor (or the person who
would have been entitled thereto if the lands had not been sold)
shall be entitled to receive twenty-five per cent. of any rent,
purchase-money or other net profit received by the Land Commission
in respect of same, unless the Land Commission shall have purchased
from the person entitled to such percentage his interest therein,
and the Land Commission may purchase such interest at any time, on
such terms as may be sanctioned by the Treasury.

(4) Where any right mentioned in this section is so reserved, there
shall be attached thereto a right to enter upon the land in
respect of which the first-mentioned right may be exercised, and to
authorise any persons so to do; but any person entering upon land
in pursuance of this subsection shall be liable to make reasonable
amends and satisfaction for any damage done or occasioned thereby.

(5) Any person authorised, by or in pursuance of the last preceding
subsection, to enter upon land for the purpose of exercising a
sporting right shall have the same authority to prosecute for
trespass in pursuit of game or fish as if he were the occupier of
that land.

IRISH LAND ACT 1903 - SECT 14
Reservation of ancient monuments.

14.(1) Where any land, which is vested under the Land Purchase Acts
in a purchaser, contains any ancient monument which, in the opinion
of the Land Commission, is a matter of public interest, by reason
of the historic, traditional or artistic interest attaching thereto,
they may, with the consent of the Commissioners of Public Works in
Ireland, by order declare that the property in the monument shall
not pass to the purchaser and make an order vesting the monument
in those Commissioners.

(2) Where any such order is made, the provisions of the Ancient
Monuments Protection Act, 1882, with respect to the maintenance of
and access and penalties for injury to ancient monuments, shall
apply as if the monument were a monument under the guardianship of
those Commissioners in pursuance of that Act.

(3) Where those Commissioners refuse to consent to the vesting of
any such monument in them, the Land Commission may, with the
consent of the council of the county within which the monument is
situate, make an order vesting the monument in that council, and
subsection two of section nineteen of the Local Government (Ireland)
Act, 1898, shall thereupon apply.

(4) In this section the expression "ancient monument" means any
ancient or medi'val structure, erection or monument or any remains
thereof.

S.15 rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 16
Purchase agreement and vesting order.

16.(1) The Land Commission may, where they agree to purchase any
land, make a vesting order which shall be effectual to vest in the
Commission the fee simple of the land purchased, subject

(a)to any public rights affecting the land;

(b)to any sporting rights reserved by the vendor;

(c)to any maintenance charge under the Public Works Acts; and

(d)to any interests of the tenants on the land, or of persons
having claims upon those interests, and to any easements, rights and
appurtenances mentioned in section thirty-four of the Act of 1896;

Subs.(2) rep. by SLR 1950

(3) A certified copy of every vesting order under this section
shall be transmitted to the registering authority under the Local
Registration of Title (Ireland) Act, 1891, and the Land Commission
shall thereupon be registered under that Act as the absolute owners
of the land, discharged from all claims as hereinbefore provided.

Ss.1719 rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 20
Schemes for user of land by trustees.

20.(1) Where any land is purchased by means of an advance under
the Land Purchase Acts by any trustees for the purposes mentioned
in section four of this Act, the trustees shall hold the land upon
such terms and conditions and with such rights and powers as may
be specified in a scheme framed by the Lord Lieutenant or approved
of by him, and any such scheme shall contain provisions for the
appointment of new trustees, and for an appeal to the Lord
Lieutenant by any person aggrieved by any action or omission of any
trustees in carrying the scheme into effect, and for enabling the
Lord Lieutenant, on the hearing of any such appeal, to make such
order as may appear to him just.

(2) Where any land so purchased is not required for any of the
purposes aforesaid it may be disposed of for any public purposes
approved of by the Lord Lieutenant.

IRISH LAND ACT 1903 - SECT 21
Regulations as to turbary on holdings.

21.(1) In the case of the sale of an estate where portion of a
holding consists of bog, and the purchaser had not an exclusive
right of turbary before such sale, the Land Commission may make
regulations, authorising the cutting or making of turf on that bog
by any occupiers of land in the neighbourhood of the said holding
for whose requirements such turf appears to be necessary, upon such
terms, as to payment or otherwise, as may appear to them to be
just, and those regulations may confer a right to enter upon any
land for the purpose aforesaid.

(2) Regulations under this section shall secure that the cutting or
making of turf will not prevent the future reclamation of the bog,
and that sufficient turf and pasturage will be left for the use of
the proprietor of the holding for a reasonable period.

(3) Regulations under this section shall provide that any person
entering upon any land under their authority shall make reasonable
amends and satisfaction for any damage done or occasioned thereby.

(4) Any regulations under this section may provide for the
punishment of any breach of them by a fine not exceeding five
pounds, recoverable in a summary manner.

IRISH LAND ACT 1903 - SECT 22
Power of Land Commission to determine disputes between proprietors of
holdings.

22. On the application in the prescribed manner of any proprietors
of holdings purchased under the Land Purchase Acts, the Land
Commission may, at the request of the parties interested, if they
think fit, determine all questions which may arise respecting the
boundaries of the holdings, easements or appurtenances, claimed by
any of such proprietors against any other proprietors or tenants of
holdings.

S.23 rep. by 1907 c.56 s.16(2); SLR 1927; SLR 1950

Distribution of purchase money.

IRISH LAND ACT 1903 - SECT 24

24.Subs.(1) rep. by SLR 1950

(2) Where land is vested in the Land Commission by a vesting order
made by them, or where money is paid into the Bank of Ireland as
aforesaid, the Commission shall, subject to the provisions of this
Act, pay interest on so much of the purchase money as is for the
time being undistributed, at the rate of three and a half per
cent. per annum, from the date of the order or the payment into
the Bank, as the case may be, until the whole of the purchase
money is distributed, and the said interest shall be paid to the
person in receipt of the rents of the land at the date of the
agreement for sale, or such other person as may appear to the Land
Commission to be entitled thereto.

Subs.(3) rep. by SLR 1950

(4) For the purpose of giving effect to this enactment, the Land
Commission may, if they think fit, in the case of a terminable
charge, satisfy the same by the investment, in any securities in
which trustees are by law authorised to invest trust money, of a
capital sum the annual income of which will be sufficient to
satisfy the annual amount of the charge.

(5) The owner of any superior or intervening interest, or any
incumbrancer, may at any time apply to the Land Commission for an
order that payment in respect of the annual income of his claim be
made to him, out of the interest on the purchase money or the
dividends upon the investments representing the purchase money, as
the case may be, and in such case the Commission, if they are
satisfied that the justice of the case so requires, may make the
order accordingly. In this subsection the expression "the annual
income" shall include the annual amount payable in respect of the
premiums on any policy of insurance, where those premiums are
charged upon land.

(6) The Land Commission shall, as soon as practicable, distribute
the purchase money to the persons entitled thereto whose claims upon
that money have been ascertained, and, for the purpose of such
distribution, may ascertain in the prescribed manner the amount or
value of any such claim, and discharge, redeem or satisfy the same
out of the said money, and any charge or incumbrance may be paid
off notwithstanding any direction, proviso or covenant to the
contrary contained in any instrument.

(7) After the vesting order or the payment into the Bank of
Ireland, as the case may be, has been made, no proceedings shall
be taken, without leave of the Land Commission, in respect of any
claim against the purchase money or the income thereof.

Subs.(8) rep. by SLR 1950

(9) The Land Commission may cause their officers to make such
investigations and perform such other duties as may be requisite and
practicable, for the purpose of ascertaining title to and
distributing the purchase money, and such ascertainment and
distribution shall, to such extent as may be sanctioned by the
Treasury, be made without charge to the persons entitled to the
purchase money, and, for the purposes aforesaid, all searches
directed by the Land Commission in the Local Registration of Title
Office and Registry of Deeds and Registry of Judgments shall be
made without charge.

(10) The Land Commission shall have and may, without application
being made to them, exercise, for the purpose of facilitating the
completion of sales under this Act, including the distribution of
purchase money, all the powers in that behalf conferred on them by
the Land Purchase Acts in the case of sales from landlords to
tenants.

(11) For the purposes of this section, the Land Commission shall,
in addition to any other powers which they possess, have all the
powers vested in the High Court by virtue of sections seventy-eight
and seventy-nine of the Lands Clauses Consolidation Act, 1845, and
those sections shall apply to the Land Commission with such
modifications as may be prescribed, as if purchase money
distributable under this section were money paid or deposited under
those sections.

(12) Proceedings by the Land Commission under this section shall not
be removed into any court or be restrained by any court, and, save
as provided by this section and section forty-one of the Act of
1896, no appeal shall lie from any decision of the Land Commission.

(13) An appeal shall lie to the Court of Appeal from any decision
under this section given by a Judicial Commissioner, or to which he
is a party, and the decision of the Court of Appeal on any
question other than one of law shall be final.

Ss.25, 26 rep. by SLR 1950

Substitution of cash payments for guaranteed land stock.

IRISH LAND ACT 1903 - SECT 27

27. Advances for the purposes of the Land Purchase Acts shall, in
the case of agreements entered into after the passing of this Act,
be made by means of money and not by means of guaranteed land
stock; and any sums required for those purposes shall be issued out
of a special fund, to be under the control of the National Debt
Commissioners and to be called the "Irish Land Purchase Fund".

IRISH LAND ACT 1903 - SECT 28
Raising of new 2 per cent. stock.

28.(1) For the purpose of raising the money required for the Irish
Land Purchase Fund, the Treasury may, by warrant addressed to the
Bank of England or Bank of Ireland, direct the creation of a new
capital stock (to be called "Guaranteed two and three-quarters per
cent. stock," and in this Act referred to as "the stock")
consisting of perpetual annuities, yielding dividends at the rate of
two and three-quarters per cent. per annum on the nominal amount of
the capital.

(2) The annuities shall be payable by equal half-yearly or quarterly
dividends, at such times in each year as may be fixed by the
warrant first creating the stock.

(3) The stock shall not be redeemable until after the expiration of
thirty years from the commencement of this Act, but on and after
that date shall be redeemable, after three months notice published
in the London Gazette and in the [Belfast Gazette], at the rate of
one hundred pounds sterling for every one hundred pounds of stock,
together with the payment of all arrears of interest.

(4) Any sums raised by means of the stock, after providing for the
expenses of issue, shall be carried to the credit of the capital
account of the Irish Land Purchase Fund.

(5) The stock may be issued at such times, in such amounts and
subject to such conditions as to payment of deposits and instalments
and the issue of scrip certificates carrying dividends and otherwise,
as the Treasury direct.

IRISH LAND ACT 1903 - SECT 29
Charge on Consolidated Fund.

29.(1) The dividends on the stock shall be paid out of the income
of the Irish Land Purchase Fund and, if that income is
insufficient, shall be charged on and paid out of the Consolidated
Fund of the United Kingdom...

(2) Any sums so paid out of the Consolidated Fund shall be treated
as a temporary advance to the Irish Land Purchase Fund....

S.30 rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 31
Stock.

31. The stock. ... shall be subject to the provisions of [the
National Debt Act, 1870] and any enactment amending that Act, so
far as is consistent with the tenor of this Act.

S.32 rep. with saving by 1968 c.13 s.24 sch.6 Pt.I

IRISH LAND ACT 1903 - SECT 33
Accounts of National Debt Commissioners.

33. Accounts of the receipts and expenditure of the Irish Land
Purchase Fund, both as regards capital and income, shall be kept by
the National Debt Commissioners, and those accounts shall be audited
by the Comptroller and Auditor-General, and the accounts when audited
shall be laid before Parliament.

IRISH LAND ACT 1903 - SECT 34
Employment of balances by National Debt Commissioners.

34.(1) Any money for the time being standing to the credit of the
capital or income account of the Irish Land Purchase Fund may be
applied in payment of any sums charged on that fund or for
advances under this Act.

(2) Any balance standing to the credit of the capital or income
account of the Irish Land Purchase Fund may be temporarily invested
by the National Debt Commissioners, in manner approved by the
Treasury.

IRISH LAND ACT 1903 - SECT 35
Land Commission accounts.

35.(1) For the purposes of this Act, the Land Commission shall keep
such accounts, containing such particulars and entries as the
Treasury may direct, and shall furnish those accounts to the
Treasury, as and when required by the Treasury.

(2) The accounts of the Land Commission shall be audited in such
manner as the Treasury may prescribe.

IRISH LAND ACT 1903 - SECT 36
Repayment by Land Commission to National Debt Commissioners.

36.(1) Interest at the rate of two and three-quarters per cent. per
annum shall be paid by the Land Commission to the National Debt
Commissioners on all sums advanced under this Act by the National
Debt Commissioners to the Land Commission and not certified by the
Commissioners to have been repaid.

(2) Where advances are made by the Land Commission, the Land
Commission shall, until the advances are ascertained to have been
repaid, pay to the National Debt Commissioners in respect of those
advances [50p] per cent. per annum, which shall be treated as a
sinking fund for accumulation and, for this purpose, shall be
credited to the capital account of the Irish Land Purchase Fund,
and applied to the purchase of the stock, or invested in further
advances under this Act, or temporarily invested in the purchase of
securities approved by the Treasury.

(3) Where the Land Commission purchase any land, no sums on account
of sinking fund shall be payable until the Land Commission have
disposed of that land to purchasers, or until the expiration of
five years from the vesting of the land in the Commission,
whichever shall be the sooner, but during any period which may
intervene, between the expiration of the five years and the disposal
of the land, payments on account of sinking fund shall be made at
the rate of [50p] per cent. per annum.

Subs.(4) rep. by SRO 1921/1804 art.6(2) (Rev. vol. XVI p.968); SLR
1963

(5) Payments by the Land Commission under the preceding subsections
shall be made at such times in each year as may be prescribed by
the Treasury.

(6) Where, by reason of any stock having been issued at a
discount, the sums payable in any financial year by the Land
Commission under this section, in respect of advances to them of
money raised by means of stock, are insufficient to pay the
dividends on the total amount of the stock outstanding, together
with [50p] per cent. on the portion of the stock representing the
advances on which such [50p] per cent. is payable by the Land
Commission, the amount of the deficiency shall be made good out of
the Guarantee Fund.

(7) Where, by reason of the issue of any stock at a premium, the
sums payable in any financial year by the Land Commission under
this section, in respect of advances to them of money raised by
means of stock, are more than sufficient to pay the dividends on
the total amount of the stock outstanding, together with [50p] per
cent. on the portion of the stock representing the advances on
which such [50p] per cent. is payable by the Land Commission, the
surplus shall be applied. ... to such.... purposes connected with
the Irish Land Purchase Fund as the Treasury may approve.

IRISH LAND ACT 1903 - SECT 37
Drafts on Land Purchase Fund.

37. The Lord Lieutenant, with the approval of the Treasury, may
make regulations for the purpose of determining the persons entitled
to draw on the Irish Land Purchase Fund, on behalf of the Land
Commission, and the manner in which drafts may be made.

S.38 rep. by SLR 1927. S.40 (Guarantee Fund) virtually rep. by SRO
1921/1804 art.6(2) (Rev. vol. XVI p.968)

IRISH LAND ACT 1903 - SECT 41
Power to adapt previous provisions.

41. The power of making rules, conferred on the Treasury by the
Land Purchase Acts, shall extend to the making of rules for
carrying the financial provisions of this Act into effect, and for
adapting to the requirements of this Act such provisions of the
Land Purchase Acts, passed prior to this Act, as relate to finance.

IRISH LAND ACT 1903 - SECT 42
Power to invest in stock.

42. All persons, including the National Debt Commissioners, shall
have the like power of investing in the stock as they have in
consolidated stock.

S.43 rep. by 1909 c.42 s.70 sch.2; SLR 1950. S.44 rep. by 1909
c.42 s.70 sch.2

Payment to Land Commission in respect of advances.

IRISH LAND ACT 1903 - SECT 45

45. As regards advances under the Land Purchase Acts, in pursuance
of agreements entered into after the passing of this Act

(1)Every advance shall be repaid, in the manner and at the times
prescribed by the Treasury, by means of a purchase annuity
calculated at the rate of [#3.25] for every hundred pounds of the
advance and so, in proportion, for any less sum:

(2)The purchase annuity shall be paid until the whole of the
advance, in respect of which it is payable, is ascertained in
manner prescribed by the Treasury to have been repaid:

(3)Section twenty-five of the Act of 1896, relating to the mode of
calculating purchase annuities, shall not apply.

IRISH LAND ACT 1903 - SECT 46
Redemption of purchase annuities.

46.(1) Every purchase annuity under this Act or any part thereof at
any time outstanding may be redeemed, in whole or in part, by the
person liable to pay that annuity, by payment to the Land
Commission of the difference between the accumulated sinking fund and
the sum sufficient (after payment of interest to date) to purchase
the requisite amount of stock, such amount to be determined in
accordance with rules made by the Treasury.

(2) Where a purchase annuity or any part thereof is redeemed, the
National Debt Commissioners shall, in manner prescribed by the
Treasury, cancel the aforesaid amount of the stock.

(3) Any rules under this section shall, as soon as may be after
they are made, be laid before both Houses of Parliament.

Land Purchase Aid Fund.

IRISH LAND ACT 1903 - SECT 47

47.(1) There shall be established, as part of the Irish Land
Purchase Fund, a fund to be called the "Land Purchase Aid Fund,"
and there shall, in each financial year, be paid out of that fund
to the Land Commission such sums as the Treasury, on the request
of the Land Commission, may sanction. ...

(2) The sums required for the Land Purchase Aid Fund shall be
raised by the issue of guaranteed two and three-quarters per cent.
stock, as by this Act provided, and a sum sufficient to pay the
dividends on the amount of stock issued for the purposes of this
section, together with [50p] per cent. per annum by way of sinking
fund, shall be paid in each year to the Irish Land Purchase Fund
out of money provided by Parliament.

(3) The provisions of this Act with reference to the repayment of
advances by the Land Commission to the National Debt Commissioners
shall not apply to advances under this section.

S.48 rep. by 1909 c.42 s.70 sch.2; SLR 1950

S.49 rep. by 1925 c.34 s.32(7); 1970 c.18 (NI) s.97 sch.14

IRISH LAND ACT 1903 - SECT 50
Stamp duty.

50. No stamp duty shall be payable on any order or instrument made
or issued under the Land Purchase Acts or Part Two of this Act,
whereby any land, in respect of which an advance is made under
those enactments, is vested in any person or is conveyed or agreed
to be conveyed to any person.

Enlargement of powers of trustees as to investment of purchase
money.

IRISH LAND ACT 1903 - SECT 51

51.Subs.(1)(3) rep. by 1909 c.42 s.70 sch.2

(4) In the case of all proceedings in relation to any lands sold
under the Land Purchase Acts, or any charges thereon, or any moneys
realised thereby, if it appears to the court that a trustee is or
may be personally liable for any breach of trust, whether the
transaction alleged to be a breach of trust occurred before or
after the passing of this Act, but has acted honestly and
reasonably and ought fairly to be excused for the breach of trust
and for omitting to obtain the directions of the court in the
matter in which he committed such breach, then the court may
relieve the trustee, either wholly or partly, from personal liability
for the same.

IRISH LAND ACT 1903 - SECT 52
Public trustee.

52.(1) For the purpose of the Land Purchase Acts there shall be a
public trustee.

Subs.(2) (3) rep. by SLR 1950

(4) The public trustee shall, out of money provided by Parliament,
be paid such salary as the Treasury may sanction.

(5) The public trustee may employ such officers and persons as,
subject to the sanction of the Treasury, he may find necessary for
the purposes of this Act, and those officers and persons shall be
remunerated at such rates and in such manner as the Treasury may
sanction, and the expenses of and incidental to the office of
public trustee shall be paid as part of the expenses of the Land
Commission.

(6) No fees shall be payable to the public trustee for any
services rendered by him under this Act.

(7) The public trustee shall not incur any liability by reason of
any act or thing done by him, in good faith, in pursuance of the
provisions of this Act.

(8) The public trustee may hold property jointly with any persons
or corporation aggregate or sole, and under that name may be
entered in the books of any company or person as holder, either
alone or jointly with any person, of stock, shares or securities
entered in such books.

(9) The order of the public trustee, given under his seal, shall
be a necessary and sufficient authority to any such company or
person for the transfer of any such stock, shares and securities,
so far as respects the interest of the public trustee.

(10) Where any settled land has been purchased by means of an
advance under the Land Purchase Acts and there is no trustee of
the settlement, the public trustee may be appointed by the Land
Commission to be trustee of the settlement.

(11) Where the trustees of any such settlement refuse or neglect to
invest the purchase money in any securities authorised in pursuance
of the last preceding section, the tenant for life may apply to
the Land Commission to substitute the public trustee for those
trustees, and the Land Commission may by order make such
substitution accordingly.

(12) The trustees of any such settlement may apply to the Land
Commission to be discharged from their trust and that the public
trustee be appointed in their place, and the Land Commission may,
if they think fit, make an order accordingly.

(13) Where the public trustee is appointed trustee of any settlement
under the provisions of this section, the Land Commission may make
such further or other orders as may be necessary for the purpose
of vesting the trust funds in him, or otherwise as the
circumstances of the case may require.

(14) The powers conferred on the Land Commission, by the foregoing
provisions of this section, may be exercised by the Land Judge in
any case where the purchase money of land, sold under the Land
Purchase Acts, is distributable or has been distributed by him, and
those provisions shall apply accordingly with the substitution of the
Land Judge for the Land Commission.

(15) Rules may be made by the Land Judge and the Land Commission,
with the approval of the Lord Lieutenant, for the purpose of
carrying this section into effect and for regulating the exercise of
the powers and duties of the public trustee, and in particular may
provide that the trustee shall, on the request of any person
proposing to sell an estate, give an estimate of the probable
financial effect of such sale.

S.53 rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 54
Restrictions on subdivision and incumbrance of holding.

54.(1) As between the Land Commission and the proprietor for the
time being of any holding, for the purchase of which the Land
Commission have after the commencement of this Act made any advance
under the Land Purchase Acts, the following conditions shall be
imposed, that is to say:

(a)The holding shall not be subdivided or let without the consent
of the Land Commission, and if the proprietor subdivides or lets
the holding or any part thereof without such consent, the Land
Commission may cause the holding to be sold:

(b)Where the title of the holding is divested from the proprietor
by bankruptcy, the Land Commission may cause the holding to be
sold:

Para.(c) rep. by 1955 c.24 (NI) s.46 sch.3

(5) Subsections two and three of section thirty of the Act of
1881, as amended by any enactment, shall apply to proceedings under
this section.

IRISH LAND ACT 1903 - SECT 55
Effect of compulsory sale of holding.

55. Where a holding is put up for sale by or at the instance or
with the consent of the Land Commission, the holding shall be sold
subject to the purchase annuity (if any) and any charge under any
Public Works Acts, but discharged from all other claims or
incumbrances of all persons whomsoever who are interested in the
holding, and all such claims shall, as from the date of the sale,
cease as against the holding and attach to the purchase money, in
like manner as, immediately before the date of the sale, they
attached to the holding.

IRISH LAND ACT 1903 - SECT 56
Maps and information to be furnished to Land Commission.

56.(1) The Commissioner of Valuation and Boundary Surveyor shall

(a)furnish the Land Commission with such maps as they may request
to be furnished with; and,

(b)so soon as he is aware of the subdivision or letting of a
holding, in respect of which an advance under the Land Purchase
Acts has been made, give information to the Land Commission in the
prescribed manner of such letting or subdivision.

(2) When any collector of poor rate becomes aware of any
sub-division or letting of any such holding, he shall, as soon as
may be, give information thereof to the Commissioner of Valuation
and Boundary Surveyor.

Subs.(3) rep. by 1956 c.5 (NI) s.19 sch.

(4) Every ... collector of poor rates who wilfully neglects to
comply with the requirements of this section shall be liable, on
summary conviction, to a fine not exceeding two pounds.

(5) The Lord Lieutenant may make rules for carrying into effect the
objects of this section, and those rules, while in force, shall
have effect as if enacted in this Act.

Ss.5760 rep. by SLR 1950. S.61 rep. by SLR 1950; 1961 c.55 s.9(4)
sch.3 Pt.I. Ss.6264 rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 65
Power to Land Commission to obtain possession of holding.

65. Where the Land Commission have put up for sale by public
auction a holding, which they are entitled to cause to be sold,
and the holding has not been sold, the Commission may issue an
order to the sheriff to put any person nominated by them in
possession of the holding, and the order shall be executed by the
sheriff in like manner as a writ for the delivery of possession.

IRISH LAND ACT 1903 - SECT 66
Fire insurance on buildings on land sold under Purchase Acts.

66.(1) Where the Estates Commissioners have erected or improved any
buildings on any land, in respect of which an advance is made
under the Land Purchase Acts, the Land Commission may, if they
think fit, insure the buildings against loss or damage by fire and
may keep the same insured until the advance has been repaid.

(2) The Land Commission shall pay the premiums on any policy of
insurance effected in pursuance of this section, and those premiums
shall be a charge on the land purchased, and the amount of each
such premium shall be collected by the Commission from the purchaser
of the land and shall be recoverable in like manner as a purchase
annuity.

IRISH LAND ACT 1903 - SECT 67
Amendment of 1896 c.47 s.38(3) with respect to apportionment of
annuity and guarantee deposit.

67.(1) The powers for the apportionment of an annuity, or the
discharge of portion of a holding from liability in respect of an
annuity, conferred by subsection three of section thirty-eight of the
Act of 1896, may be exercised where the holding was sold or
subdivided before the passing of the Act of 1896.

(2) Where the Land Commission exercise the power of apportionment
conferred by the said subsection three, either as amended or not,
they may apportion in the same proportions the guarantee deposit (if
any) retained to secure the repayment of the advance, and such
last-mentioned apportionment may be made without the consent of the
owner of the guarantee deposit.

(3) Where any land upon which portion of a purchase annuity has
been charged by the Land Commission is conveyed to the proprietor
of a holding subject to a purchase annuity, that holding and the
land so conveyed shall be deemed one holding, and the said annuity
and portion shall be payable in such manner and subject to such
conditions as may be prescribed.

IRISH LAND ACT 1903 - SECT 68
Extension of 1896 c.47 s.29(2) to guarantee deposits under any of
Purchase Acts.

68.(1) Subsection two of section twenty-nine of the Act of 1896
(which enables the Land Commission to pay the person entitled
thereto the whole or any part of a guarantee deposit) shall apply
to any such deposit made or retained in respect of advances under
any of the Land Purchase Acts.

Subs.(2) rep. by SLR 1953

IRISH LAND ACT 1903 - SECT 69
Provisions in case of death, &c. of applicant for an advance.

69.(1) Where an advance under the Land Purchase Acts has been made
for the purchase of any land, an order of the Land Commission
charging the land shall be valid and effectual notwithstanding that
the applicant for the advance may have died.

(2) Where the applicant for the advance has died and there is no
legal personal representative of such applicant, or no legal personal
representative whose services are available for the sale under the
Land Purchase Acts, the Land Commission may, on such terms and
conditions (if any) as they may think fit, appoint any proper
person to be administrator of the deceased applicant limited to the
purposes of that sale, and such limited administrator shall, for
those purposes, represent the deceased applicant in the same manner
as if the applicant had died intestate and administration had been
duly granted to such limited administrator of all the personal
estate and effects of the deceased applicant.

Subs.(3) rep. by 1970 c.18 (NI) s.97 sch.14

S.86 rep. by SLR 1927. S.87 rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 88
Appeals under Land Law Acts.

88.(1) Any person aggrieved by any order made, under the Land Law
Acts, by one Commissioner, not being a Judicial Commissioner, or by
a sub-commission, may apply for a re-hearing to the Land Commission,
and that Commission may confirm, modify or reverse such order.

(2) All.... re-hearings under this section, ...., shall be heard and
determined by one Judicial Commissioner, with the assistance of one
specially qualified lay assessor, who shall hear the evidence and,
on the application of either of the parties, inspect the holding
and report thereon to the Judicial Commissioner in the prescribed
manner.

(3) On the hearing of any appeal or on any re-hearing, notice of
which is lodged after the commencement of this Act, evidence which
could have been, but was not, produced in the court below shall be
admitted on special grounds only and not without special leave of
the Judicial Commissioner who hears the appeal or re-hearing.

(4) In the case of any appeal or re-hearing, where an issue of
fact is raised which was raised before the court below, and the
Judicial Commissioner who hears the appeal or re-hearing is satisfied
that the appellant did not produce before that court material
evidence on that issue, which was in his possession or within his
procurement, he may order the appellant to pay the whole, or such
portion as he may think fit, of the costs of the appeal or
re-hearing.

(5) Rules under section fifty of the Act of 1881 may be made by
the Judicial Commissioners, with the approval of the Lord Chancellor,
with respect to the proceedings under this section in appeals and
re-hearings, and those rules shall, among other things, provide for
an ad valorem scale of fees to be paid on notices of appeal or
re-hearing.

S.89 rep. by SLR 1950. S.90 rep. by 1932 c.16 (NI) s.3(2). S.91
rep. by SLR 1950

IRISH LAND ACT 1903 - SECT 92
Amendment of 1881 c.49 s.50(3) as to time within which address may
be presented.

92. The period within which an address may be presented in respect
of rules under section fifty of the Act of 1881, or under that
section as amended by any enactment, shall be forty days instead of
one hundred days.

Part. IVSs.9395 rep. by SLR 1950. S.96, 97 rep. by SLR (NI) 1954

Definitions.

IRISH LAND ACT 1903 - SECT 98

98. In this Act, unless the context otherwise requires,

(1)The expression "estate" in Part One of this Act means any lands
which the Estates Commissioners may declare fit to be regarded as a
separate estate for the purposes of this Act:

(2)The expression "superior interest," in the Land Purchase Acts,
shall include any reversion or estate expectant on the determination
of any estate tail or a base fee, whether such reversion or estate
is or is not vested in the Crown.

IRISH LAND ACT 1903 - SECT 99
Sporting rights, minerals and water.

99. Nothing in this Act shall affect

(a)Any sporting rights, mineral rights or water rights which are not
in the possession or enjoyment of the vendor at the time of sale;

(b)Any mine or quarry which is being worked or developed by the
vendor at the time of sale; or

(c)Any right to water power in actual use by the vendor at the
time of sale.

IRISH LAND ACT 1903 - SECT 100
Construction.

100.(1) Part One of this Act shall be construed as one with the
Land Purchase Acts and may be cited with those Acts.

(3) Part Three of this Act shall be construed as one with the
Land Law Acts and may be cited with those Acts.

Subs.(4) rep. by SLR (NI) 1954

IRISH LAND ACT 1903 - SECT 101
Short title.

101. This Act may be cited as the Irish Land Act, 1903.

Ss.102, 103 and Schedule rep. by SLR 1927

(a)under Land Purchase Acts transf. to D/Fin. (administrative), High
Ct. (judicial, including functions of Judicial Commr.), D/Agric.
(sporting rights and turbary), D/Com. (mineral rights), Treasury
(residue), 1920 c.67 s.9, Assignment of Functions Notification,
Belfast Gaz., 7.6.1921; SRO 1923/615 (Rev. vol. XII p.2); 1935 c.21;
1959 c.17 (NI) s.6(1); SRO (NI) 1968/88; 1978 c.23 s.122(1) sch.5
Pt.I;

(b)under Land Law Acts transf. to D/Fin., Assignment of Functions
Notification, Belfast Gaz. 7.6.1921; SRO 1922/183 (Rev. vol. XVI
p.1000), but certain judicial functions exercisable by nominated judge
of Supreme Ct., SRO 1922/1204 (Rev. vol. XVI p.1025); 1978 c.23
s.122(1) sch.5 Pt.I