Committee Reports::Report - Land Bill (No. 2), 1926::23 November, 1926::Proceedings of the Joint Committee

2. The following members were present:—Deputy Dwyer (Chairman), the Minister for Lands and Agriculture, Deputies Cosgrave, Heffernan, Hogan (Clare), T. J. Murphy and Roddy.

“That it be a recommendation that in line 37, after the words ‘for his own use, there be inserted the words:—‘provided that the income tax, if any, due in respect of the holding shall be deducted from such added sum on the distribution of the purchase money.”’

Against: The Minister for Lands and Agriculture, Deputies Dwyer, Hogan (Clare), T. J. Murphy and Roddy.

“That it be a recommendation that in line 54, sub-section (3), after the word ‘Commission’ there be inserted the words ‘as well as of that of any other person entitled to or having an interest in the timber on the holding.”’

“That it be a recommendation that sub-section 1 be deleted and that there be substituted therefor the following new sub-section:—

‘(1) Notwithstanding the provisions of clause (e) of sub-section 2 of section 24 of the Land Act, 1923 and notwithstanding any decisions made thereunder by Judicial Commissioner a holding shall not be excluded from the operation of sub-section (1) of the said section by reason of its potential or actual value or utility for building ground, if in the opinion of the Land Commission the holding was at the passing of the Land Act, 1923 worked as a bona fide agricultural holding and had for a period of five years preceding the passing of the said Act been continuously so worked.”’

“That it be a recommendation that at the end of the section there be added a new sub-section as follows:—

‘(5) Where notice as required by the Land Act, 1881 of a tenant’s intention to sell any holding of agricultural land part of which may possess a potential or actual value or utility for building ground has been given to the landlord and where notice of completed sale of said holding has also been given by the tenant to the landlord and where the purchaser of said holding has been accepted by the landlord as tenant thereof notwithstanding the provisions of clause (9) of sub-section (2) of section 24 of the Land Act, 1923 and notwithstanding any decisions given by the Judicial Commissioner by virtue of this Act such holding shall vest in the Land Commission on the appointed day in like manner and with the like consequences as if vesting orders under the Land Purchase Acts had been made on the appointed day in respect thereof in pursuance of subsequent purchase agreements entered into by the Land Commission with the respective owners of the lowest interest constituting an interest saleable under the Land Purchase Acts at the price fixed by or under the Land Act, 1923.”’

“That it be a recommendation that before Section 6 there be inserted a new section as follows:—

‘(1) Where the rateabl valuation of lands comprised in a holding the main object of the letting of which was at the time of the letting for a residence, exceeds the rateable valuation of the principal dwelling house on the holding, and the tenant of the holding was at the passing of the Land Act, 1923 and is at the passing of this Act a person whose principal or only business is farming in bona fide occupation of the said dwelling house and working and using said lands as an ordinary agricultural or pastoral farm such holding shall be deemed to have lost its residential character and notwithstanding decision by the Judicial Commissioner, the provisions of the Land Act, 1923 shall apply thereto provided that this section shall not alter or affect the liability of the tenant of any holding to which the provisions of the Land Act, 1923 shall become applicable by virtue of this section for rent or arrears of rent accrued due up to and including the gale day next preceding the date of the passing of this Act as from which gale day the liability of the tenant for payment to the Land Commission of payment in lieu of rent pursuant to section 20 of the said Act shall commence to run.

(2) Where the valuation of the lands comprised in such holding does not exceed the valuation of the principal dwelling house the holding shall be deemed to have lost its residential character if the tenant of the holding was at the passing of the Land Act, 1923 and is at the passing of this Act a person whose principal or only business is farming in bona fide occupation of said dwelling house and working and using said land as an ordinary agricultural or pastoral farm and the landlord of said holding has not contracted to resume occupation of the residence by himself or some members of his family.”’

Motion, by leave, amended by the deletion of all the words from “(2) Where the valuation of the lands” to the end.

Against: The Minister for Lands and Agriculture, Deputies J. Cosgrave, Dwyer and Roddy.

“That it be a recommendation that before Section 6 there be inserted a new section as follows:—

‘Where the whole or part of a holding of untenanted land (which is vested in the Land Commission by virtue of the Land Act, 1923) is sub-let under a contract of tenancy expiring within five years after the date of the passing of the Land Act, 1923 and the contract provides that the premises so sub-let are to be used as a training ground or racing establishment, such sub-letting shall be deemed to have been made for temporary convenience and shall not entitle such sub-tenant to the benefit of the provisions of the Land Act, 1923, but the tenant so sub-letting shall be entitled to the benefit of the provisions of the Land Act, 1923.”’

“That it be a recommendation that the first paragraph be numbered and bracketed ‘(1).”’

“That it be a recommendation that in lines 12 and 13 the words ‘when the tenancy was in existence at the date of such purchase’ be deleted.”

“That it be a recommendation that in line 11, after the word ‘land’ there be inserted the words ‘constituting or.”’

“That it be a recommendation that in line 13, the words ‘at the date of such purchase’ be deleted and in lieu thereof the words ‘before the first day of September, nineteen hundred and twenty-two’ be inserted.”

“That it be a recommendation that in line 15, after the word ‘purchased’ there be inserted the words ‘or by reason of the tenant having been evicted since the said first day of September, 1922.”’

“That it be a recommendation that in line 25, the words from ‘in this section’ to the end of the paragraph, be deleted.”

“That it be a recommendation that in line 25, after the word ‘aforesaid’ there be inserted the following proviso:—

‘provided that this section shall not apply to (a) tenanted lands, where by reason of the extent and character of the lands the Land Commission are of opinion that the provisions of the Land Act, 1923 should not apply or (b) to tenanted lands vested in the Land Commission under any Act prior to the Land Act, 1923, so long as the fee-simple thereof remains vested in the Land Commission.”’

“That it be a recommendation that the paragraph beginning at line 28 be numbered and bracketed ‘(2).”’

The Committee adjourned at 2 p.m. and resumed at 3 p.m. when the following members of the Committee were present:—Deputy Dwyer (Chairman), the Minister for Lands and Agriculture, Deputies J. Cosgrave, Gorey, Heffernan, Hogan (Clare), T. J. Murphy, Noonan and Roddy.

“That it be a recommendation that there be added a new sub-section as follows:—

‘The reinstatement and purchase terms of holding dealt with under this section shall be in accordance with section 2, Part II. of the First Schedule of the Land Act, 1923.”’

“That it be a recommendation that before section 7 there be inserted a new section as follows:—

‘Where the particulars prescribed by section 22 of the Land Act, 1923, in respect of a holding to which that Act applies have not been furnished to the Land Commission prior to the passing of this Act and such particulars are furnished after the passing of this Act, then the provisions of section 20 of the Land Act, 1923, shall apply to the holding from the gale day next preceding the date on which such particulars are furnished to the Land Commission up to which gale day the tenant shall remain liable to his landlord for rent and from which gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923, shall commence.”’

“That it be a recommendation that in line 37 after the word ‘provided’ there be inserted the words ‘to be the average annual drainage maintenance rate payable in respect of the holding.”’

“That it be a recommendation that in line 41, after the word ‘annuity’ there be added the words ‘provided that no such deduction shall be made where no such maintenance rate has been struck within the period of ten years next preceding the passing of this Act.”’

“That it be a recommendation that sub-section 2 be deleted and that there be substituted therefor the following sub-section:—

‘(2) The average annual drainage maintenance rate payable in respect of the holding shall be ascertained by taking for each of the last five years preceding the passing of this Act in which a drainage maintenance rate was levied by the drainage trustees of the arterial drainage district in which the holding is situate the decimal proportion applicable to the holding of the total drainage maintenance rate levied for such year: Provided that if five rates have not been struck during the period of ten years next preceding the passing of this Act the average annual drainage maintenance rate shall be ascertained and determined by the Land Commission in such other manner as they may think fit.”’

“That it be a recommendation that before section 8 there be inserted a new section as follows:—

‘Sub-section (1) (c) of section 26 of the Land Act, 1923 shall be amended to read:—

Where prior to the passing of the Land Act, 1923 portion of any holding was sub-let and where arising out of such subletting the middle or intervening interest although of small appreciable value was penalized both by the fixing of fair rents for the sub-tenants and application of the provisions of the Land Act, 1923 enabling these sub-tenants to purchase their holdings the occupiers of the remaining portions of any such holdings shall be enabled to purchase on the same conditions and subject to the same charges as those on which the sub-tenants bought under the 1923 Act.”’

“That it be a recommendation that before section 9 there be inserted a new section as follows:—

‘Where a holding excluded from the operation of the Land Act, 1923, solely by reason or on account of its potential or actual value or utility as building ground was at the passing of the said Act held by the tenant under a lease (other than a building lease) the tenant shall at the expiration of such lease if in a bona fide occupation of the holding be deemed to be a tenant of a present ordinary tenancy from year to year at the rent and subject to the conditions of his lease as far as such conditions are applicable to a tenancy from year to year, although the lease may not have been existing at the passing of the Land Law (Ireland) Act, 1881.”’

“That it be a recommendation that in line 9, after the words ‘such holding’ there be inserted the words ‘or if he be then dead in his personal representatives.”’

“That it be a recommendation that in line 51, after sub-section (3) there be inserted the following new sub-sections:—

‘(4) Every holding vested in the tenant thereof on the appointed day pursuant to the provisions of this section shall be deemed to be registered land within the meaning of section 19 (1) of the Local Registration o Title (Ireland) Act, 1891, and subject to the provisions of that Act as from the beginning of that day. The holding shall accordingly be exempt from the provisions of the Acts relating to the Registry of Deeds as from the beginning of the appointed day, and registration thereof shall be completed in the Land Registry as of that day, and all deeds or documents dealing therewith shall on and after that day be lodged in the Land Registry.

‘(5) The memorial of the registration required to be given to the Registrar of Deeds by sub-section (4) of section 19 of the Local Registration of Title (Ireland) Act, 1891, shall be a copy of the Final List.”’

“That it be a recommendation that in line 41, sub-section (3) after the words ‘fund and’ there be inserted the words ‘shall be raised by means of the poor rate as a county-at-large charge. Such expenditure.”’

“That it be a recommendation that in line 45 the word ‘raised’ be deleted and the word ‘reimbursed’ substituted therefor.”

“That it be a recommendation that in line 34, after the word ‘re-sale’ there be inserted the words ‘and disposal of the purchase annuities arising thereon.”’

Against: The Minister for Lands and Agriculture, Deputies Dwyer, Gorey, Heffernan, Noonan and Roddy.

“That it be a recommendation that sub-section (4) be deleted and that there be substituted therefor the following sub-section:—

‘(4) a certificate purporting to be under the common seal of the Land Commission shall be evidence that every sum stated therein to be due to them is so due, and is payable by the person or persons named in such certificate as being liable therefor.”’

“That it be a recommendation that in sub-section (4), line 63, after the word ‘evidence’ there be inserted the words and brackets ‘(which may be rebutted.)”’

“That it be a recommendation that before section 18 there be inserted a new section as follows:—

‘Where lands, in respect of which purchase annuities, rents, interest in lieu of rent, interest on purchase money, compounded arrears of rent or payments in lieu of rent are payable to the Land Commission, are let in conacre or otherwise by or on behalf of the proprietor or tenant, the annuities, rents, interest in lieu of rent, interest on purchase money, compounded arrears of rent and payment in lieu of rent, so payable as aforesaid, shall be a first charge on the proceeds of such lettings, and it shall be the duty of the person receiving such proceeds, after deducting his proper and necessary fees and expenses, to apply the proceeds, so far as required, in satisfaction of the claim of the Land Commission for moneys due to them on account of the said payments. All moneys so due to the Land Commission, and not properly accounted for, shall be recoverable by the Land Commission from the person who has received the proceeds of such lettings as a debt due by him to the State. Provided that nothing in this section shall affect the right of the Land Commission to exercise any other powers that they have for the recovery of the balance of any debt not recovered under the provisions of this section.”’

“That it be a recommendation that in line 6 the words ‘circuit court or civil bill’ be deleted.”

“That it be a recommendation that before section 20 there be inserted a new section as follows:—

‘Where the Land Commission is entitled to cause a holding to be sold, they may, if they deem it expedient, and whether the holding is situated in a congested district or not, sell it by private contract, either as one holding or in lots, at such price or prices as the Commissioners, other than the Judicial Commissioner, shall consider to represent the selling value having regard to the conditions of the district in which the holding is situate, and all the circumstances of the case. The certificate of the Land Commission that the price realised on any such sale is adequate shall be binding and conclusive on all parties.”’

“That it be a recommendation that after sub-section 20 there be inserted the following sub-section:—

‘Before offering any holding of registered land for sale, the Land Commission shall, at least ten days prior to the date fixed for the auction, or for the receipt of tenders, as the case may be, give notice personally or by registered post of the intended sale, to every person appearing from the folio relating to such land in the Land Registry, to have any charge, claim or interest on or in such holding.”’

“That it be a recommendation that in line 55, after the word ‘have’ there be inserted the words ‘at any time whether before or after the passing of this Act.”’

“That it be a recommendation that in line 58, after the word ‘order’ there be inserted the words ‘under this section,”’

“That it be a recommendation that before section 23 there be inserted a new section as follows:—

‘(1) Notwithstanding anything contained in section 7 of the Labourers (Ireland) Act, 1896, any Local Authority in whom is vested any cottage erected or acquired under the Labourers (Ireland) Acts, 1883 to 1919, which has ceased to be required for the purposes of those Acts, may with the sanction of the Minister for Local Government and Public Health and subject to such conditions as he may prescribe sell such cottage together with the land attached thereto to the Land Commission for a price payable in 4½% Land Bonds.

(2) The annual income from the Land Bonds or if such Bonds are sold with the consent of the Minister for Local Government and Public Health or are redeemed, then the capital sum arising from such sale or redemption shall be applied towards the repayment of any moneys borrowed and outstanding in respect of the improvement scheme in pursuance of which such cottage with any land attached thereto was provided, and if no such moneys are outstanding the annual income or the proceeds of sale or redemption of Land Bonds as the case may be, shall be carried to the credit of the rate or fund out of which expenses under the Labourers (Ireland) Acts are defrayed.”’

“That it be a recommendation that before section 23 there be inserted a new section as follows:—

‘A tenant as from the passing of this Act shall have the right by himself or any member of his family to fish with rod and line for salmon and trout on waters adjoining his lands during the legal fishing period in each year in all cases where the said fishing rights belonged to the landlord at the passing of this Act, provided he pays the licence duty required for fishing for salmon.”’

“That it be a recommendation that before section 24 there be inserted a new section as follows:—

‘Regulations made by the Minister for Lands and Agriculture may provide for the sale by the Land Commission to tenant purchasers of fishing rights in any rivers or waters adjoining or intersecting the holdings purchased by them at such price repayable by means of purchase annuities as the Land Commission may consider reasonable, such annuities to be consolidated with the standard purchase annuities of the holdings.”’

“That it be a recommendation that after sub-section (3) there be added the following new sub-section:—

‘(4) Regulations made by the Land Commission with respect to turbary remaining vested in them under this section may, if they think fit, provide for the payment by the persons authorised by them to cut turf on a holding under such regulations to the purchaser of the holding of such sums by way of turbary rents as the Land Commission may deem reasonable.”’

“That it be a recommendation that in line 17, after the word ‘purchased’ there be inserted the words ‘and are of opinion that undertakings can be obtained from such persons or others to purchase the lands at prices and on terms and conditions approved of by them.”’

“That it be a recommendation that sub-section (4) be deleted and that there be substituted therefor the following sub-section:—

‘ (4) From the date of the purchase of the lands by the Land Commission interest at the rate of 4½ per cent. per annum and sinking fund at the rate of one quarter of one per cent. per annum upon so much of the purchase money, as the Land Commission shall certify each half year represents the difference between the total amount of the advance made for the purchase of the lands and the total prices paid or agreed to be paid by purchasers of the lands from the Land Commission shall, subject to the approval of the Minister for Finance, be paid to the Land Commission out of moneys to be provided by the Oireachtas.”’

The Committee adjourned at 6 p.m. and resumed at 6.45 p.m. when the following members of the Committee were present: Deputy Dwyer (Chairman), the Minister for Lands and Agriculture, Deputies Cosgrave,

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘That where in the opinion of the Land Commission the rental charged on a Fee Farm grant or long lease amounts to or exceeds a judicial rental and where in the opinion of the Land Commission such holding is not required for the relief of congestion all the terms of the 1923 Act shall apply.”’

Against: The Minister for Lands and Agriculture, Deputies Dwyer, Hogan (Clare), T. J. Murphy, Noonan and Roddy.

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘(1) The owner or owners of a parcel of untenanted land situate in a non-congested county which is held under a Fee Farm Grant, lease for lives or years renewable for ever, or a lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923, may apply to the Land Commission for an order declaring that the parcel shall vest in the Land Commission on the appointed day in like manner as if the parcel were situate in a congested districts county.

(2) Where an application is made to the Land Commission for a Declaration pursuant to the last preceding sub-section and it is proved to the satisfaction of the Land Commission

(a) that the applicant is in bona fide occupation of the parcel of untenanted land and uses and cultivates the same as an ordinary farmer in accordance with the proper methods of husbandry; and

(b) that the applicant is willing to re-purchase and that the parcel should be resold to the applicant;

the Land Commission may by order declare that the parcel of untenanted land shall vest in the Land Commission on the appointed day and the provisions of the Land Act, 1923, shall apply to such parcel in like manner and with the like consequences as if the parcel were situated in a congested districts county.

(3) The terms of purchase or re-sale of holdings dealt with under this section shall be determined by the Land Commission in accordance with section 2 Part II of the First Schedule of the Land Act, 1923, as if such holdings were subject to ordinary non-judicial rentals.

(4) Arrears of rent due on such holdings as to an amount not exceeding two years rent due at the passing of this Act, shall be added to and repaid with the purchase money as part thereof, and those two years arrears only shall be payable in full settlement of all outstanding rental obligations.”’

Motion, by leave, amended by the insertion after clause (a) of a new clause as follows:—

“(b) that the rent of the land exceeds the average second term annuity for the county.”

And notice being taken that the amended motion was identical in effect with a motion which had been negatived, the Chairman ruled the amended motion out of order.

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘(1) The owner of a parcel of untenanted land situate in a non-congested districts county, which is held under a fee-farm grant lease for lives or years renewable for ever or lease for a term of years of which sixty or more were unexpired at the date of the passing of the Land Act, 1923, may apply to the Land Commission for an order declaring that the parcel shall vest in the Land Commission on the appointed day in like manner as if the parcel were situate in a congested districts county.

(2) Where an application is made to the Land Commission for a declaration pursuant to the last preceding sub-section and it is proved to the satisfaction of the Land Commission:

(a) that the applicant is in bona fide occupation of the parcel of untenanted land and uses and cultivates the same as an ordinary farmer in accordance with proper methods of husbandry and

(b) that the rent payable by the applicant in respect of the parcel of untenanted land is equal to or exceeds what in the opinion of the Land Commission would have been the fair rent of the lands comprised in the parcel if the same had at the passing of the Land Act, 1923, constituted a holding held by the applicant as a statutory tenant thereof subject to a third term judicial rent; and

the Land Commission may unless in their opinion it ought to be retained for improvement or enlargement or for utilization in connection with the relief of congestion by order declare that the parcel of untenanted land shall vest in the Land Commission on the appointed day and the provisions of the Land Act, 1923, shall apply to such parcel in like manner and with the like consequences as if the parcel were situate in a congested districts county.”’

For: The Minister for Lands and Agriculture, Deputies Dwyer, Hogan (Clare), T. J. Murphy, Noonan and Roddy.

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘Section 38 of the Land Act, 1923, shall be construed and have effect as if after the word ‘rent’ line 7, the words ‘or perpetual rent charge’ were inserted.”

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘Section 38 of the Land Act 1923, shall be amended to read as if there were added at the end of the section the following words:—

The redemption price fixed by the Judicial Commissioner shall in no case exceed the standard price fixed for tenanted land of similar character as agricultural land in same neighbourhood as based on sub-section 1 of section 25 of the Land Act, 1923. The tenant of any tenanted land exempted from the effect of sub-section (1) of section 24 of the Land Act, 1923 by reason of sub-section (2) (b) of same section where such land is used in ordinary course of husbandry as agricultural land and where the Poor Law Valuation of the land is greater than that of the principal dwelling house thereon; or the tenant of any tenanted land exempted from the effect of sub-section (1) of section 24 of the same Act by reason of sub-section (2) (e) of same section which land is now used and has for ten years preceding the passing of the Land Act 1923 been used as agricultural land, shall on application to the Land Commission for an advance for the purpose of redeeming the rent thereof be entitled to such advance with same effect and on same conditions as an advance made for redemption of rent of untenanted land subject to the conditions of section 38 of the Land Act 1923 as amended herein. Foregoing to apply notwithstanding any decisions made on such cases by the Judicial Commissioner and based on sub-section (2) (b) and sub-section (2) (e) of section 24 of the Land Act, 1923.”’

“The tenant of any tenanted land exempted from the effect of sub-section (1) of section 24 of the Land Act 1923 by reason of sub-section (2) (b) of same section where such land is used in ordinary course of husbandry as agricultural land and where the Poor Law Valuation of the land is greater than that of the principal dwelling house thereon; or the tenant of any tenanted land exempted from the effect of sub-section (1) of section 24 of the same Act by reason of sub-section (2) (e) of same section which land is now used and has for ten years preceding the passing of the Land Act 1923 been used as agricultural land, shall on application to the Land Commission for an advance for the purpose of redeeming the rent thereof be entitled to such advance with same effect and on same conditions as an advance made for redemption of rent of untenanted land subject to the conditions of section 38 of the Land Act, 1923 as amended herein. Foregoing to apply notwithstanding any decisions made on such cases by the Judicial Commissioner and based on sub-section (2) (b) and sub-section (2) (e) of section 24 of the Land Act, 1923.”

Against: The Minister for Lands and Agriculture, Deputies Dwyer, Noonan and Roddy.

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘All lands purchased by a body of tenants by means of an advance from any bank shall, if any part of the advance is unpaid, vest in the Land Commission on the appointed day in like manner and with the like consequences as if vesting orders under the Land Purchase Acts had been made on the appointed day in respect thereof in pursuance of subsequent purchase agreements entered into by the Land Commission with the body of tenants at the price fixed under the provisions contained in Part III. of the Land Act, 1923, for fixing prices in the case of advances made by the National Land Bank.”’

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘Any land, the rent of which may be redeemed under section 1 of the Redemption of Rent (Ireland) Act, 1891, or section 38 of the Land Act, 1923, shall be deemed to be tenanted land under sub-section (1) of section 24 of the Land Act, 1923, and shall vest in the Land Commission as therein provided and the tenant thereof shall be entitled to all the benefits of the Land Act, 1923. The tenant shall not be precluded from the benefits of the Land Act, 1923, by reason of the sub-letting of any portion of the holding. The sub-tenant shall have the same rights as his landlord.”’

“That it be a recommendation that before section 25 there be inserted a new section as follows:—

‘Where tidal waters form one boundary of a purchased holding the foreshore rights shall be the property of the tenant thereof.”’

“That it be a recommendatio that clauses (b) and (c) be deleted and that there be substituted therefor the following clause:—

(b) from the date of the declaration interest at the rate of 4½ per cent. per annum and sinking fund at the rate of one quarter of one per cent. per annum upon so much of the purchase money as the Land Commission shall certify each half year should not be a charge on the lands shall subject to the approval of the Minister for Finance be paid to the Land Commission out of moneys to be provided by the Oireachtas.”’

“That it be a recommendation that in line 51, after the word ‘pursuance,’ the word ‘to’ be deleted and the word ‘of’ substituted therefor.”

“That it be a recommendation that sub-section (1) be deleted and that there be substituted therefor the following sub-section:—

‘(1) Where any land subject to a rent charge created under section 14 of the Shannon Electricity Act 1925 is sold under the Land Purchase Acts the rent charge shall not be redeemed out of the purchase money of the land on the sale thereof under the said Acts, but such lands shall continue to be subject thereto notwithstanding any provision of the Land Purchase Acts or any Vesting Order made thereunder.”’

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

‘Any payment which may be made to an agent under sub-section (8) of section 40 of the Land Act, 1923 may be made to the personal representative of such agent, in the event of his death before the allocation of the purchase money.”’

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

‘Registration under the Local Registration of Title (Ireland) Act 1891 of the ownership of freehold land shall be compulsory in the following cases, that is to say:—

(a) Where the land has been at any time sold and conveyed to or vested in a purchaser under any of the provisions of the Purchase of Land (Ireland) Acts and the purchase annuity has been redeemed before lodgment of the application for first registration:

(b) Where the land has been vested by the Land Commission in a purchaser for cash: and

and the provisions of the Local Registration of Title (Ireland) Act 1891 relating to freehold lands, the registration of the ownership of which is by that Act declared to be compulsory, shall apply to such cases.”’

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

‘(1) If the tenant of any holding on an Estate purchased by the Congested Districts Board refuses to enter into an agreement for the purchase of the holding, or of a new holding consisting of part of the original holding or of a new holding consisting of the whole or part of the original holding and other land upon the terms offered by the Land Commission and at the price which they are prepared to advance then, notwithstanding that the tenants on the Estate to the extent of three-fourths in number and rateable value may not have agreed to purchase their respective holdings, the Land Commission (other than the Judicial Commissioner) may, after serving notice upon the tenant and considering any objections made by him, make an Order declaring him to be the purchaser of the original or new holding as the case may be for such price and upon such terms and conditions as may be specified in the Order, and the tenant shall thereupon be deemed to have entered into a Purchase Agreement on the date named in the Order for the purchase of the original or new holding as the case may be for the price, and upon the terms and conditions so specified, and the purchase shall be completed accordingly.

(2) An appeal shall lie from any Order under this section to the Judicial Commissioner who shall have power to reverse or confirm the Order or to make any Order which might have been made by the Land Commission.”’

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

‘Sub-section (2) of section 65 of the Land Act, 1923 shall be amended to read as follows:—

(2) (a) In the case of any holding which is subject to any charges in respect of an annuity in favour of the Board of Works created in pursuance of the Landlord and Tenant (Ireland) Act, 1870, so much of the 44th and 45th sections of the said Act as prohibits, without the consent of the Board, the alienation, assignment, subdivision or sub-letting of a holding charged as in the said sections mentioned and declares that, in the event of such prohibition being contravened, the holding shall be forefited to the Board, and also so much of section 2 of the Landlord and Tenant (Ireland) Act, 1872, as relates to the sale of holdings in lieu of forfeiture, shall be repealed. During such time as any part of the annuity charged on such holding remains unpaid the proprietor thereof shall not subdivide or let the holding without the consent of the Commissioners of Public Works, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons, and on any such contravention the Commissioners may, at their option, declare that the holding do vest in themselves, or they may cause it to be sold and the Land Commission shall on the application of the Commissioners issue an order to the Under-Sheriff to put the purchaser into possession of the holding or any part thereof so sold, and such order shall when delivered to the Under-Sheriff be executed by him in like manner as a writ for delivery of possession. An order for possession issued under this section shall be deemed to be an execution order within the meaning of the Enforcement of Court Orders Act, 1920.

(b) The proceeds derived from every such sale shall in the first instance be applied by the Commissioners in payment of any moneys due on foot of the annuity, and in redemption of so much of the said annuity as shall at the time of such sale remain charged on the holding and of all costs and expenses incurred by them in relation to such sale or otherwise in respect of the said holding and the balance shall be paid to the person entitled by law to receive the same.”’

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

Paragraph (b) of sub-section (5) of section 45 of the Land Act, 1923, shall be amended to read as follows:—

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

‘(1) Notwithstanding any ejectment orders granted all persons who were in full yearly occupation of land at the introduction of the Land Act, 1923, and were the rated occupiers thereof shall from the date of the passing of this Act have fixity of tenure provided always that such occupiers shall pay all outstanding arrears of rent and rates within six months after the passing of this Act.

(2) In cases where ejectment orders have been executed the tenant shall be reinstated subject to the same conditions specified in sub-section (1) thereof.”’

“That it be a recommendation that before section 33 there be inserted a new section as follows:—

‘The expression “temporary convenience” used in the Land Act, 1923 in relation to a letting made for such purpose, shall be construed to mean only such letting the tenant of which remains in occupation for any period not exceeding five years from the date of such letting and not otherwise.”’

IMEACHTA AN ROGHA-CHOISTE.

PROCEEDINGS OF THE SELECT COMMITTEE.

Dé Máirt, 23adh Mí na Samhna, 1926.

Tuesday, 23rd November, 1926.