Labourers Act, 1936

• Jurisdiction: Ireland
• Citation: IR No. 24/1936

Number 24 of 1936.
LABOURERS ACT, 1936.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. “The appointed day.” 3. Extension of definition of agricultural labourer. 4. Partial repeal of section 1 of the Labourers (Ireland) Act, 1919. 5. Transfer of cottages from county councils to boards of health. 6. Cesser of application of section 34 of the Land Act, 1927, to certain cottages. 7. Vesting in boards of health of fee simple reversion in certain lands held under lease. 8. Future acquisition of land for purposes of the Principal Acts. 9. Lands held under the Land Purchase Acts. 10. Registration of title of boards of health in certain cases. 11. Purchase schemes generally. 12. Preparation and submission of purchase schemes. 13. Approval, etc., of purchase schemes. 14. Coming into force of purchase schemes. 15. Cesser of application of purchase scheme on coming into force of new purchase scheme. 16. Applications for purchase of cottages. 17. Vesting orders and statutory conditions applicable to cottages. 18. Repair of cottage before vesting. 19. Registration under the Local Registration of Title (Ireland) Act, 1891, of ownership of cottages the subject of vesting orders. 20. Amendment of vesting order. 21. Restrictions on mortgaging and charging cottages. 22. Recovery of instalments of annuity. 23. Enforcement of statutory conditions. 24. Recovery of possession of cottages by boards of health on breach of statutory conditions. 25. Repair of cottage by board of health. 26. Reinstatement of cottage destroyed by fire, etc. 27. Consolidation of cottage and holding subject to the Land Purchase Acts. 28. Application of annuities. 29. Giving of notices. 30. Regulations. 31. Expenses of the Minister. 32. Expenses of boards of health. 33. Short title and citation.
Acts Referred to Local Government Act, 1925 No. 5 of 1925 Land Act, 1927 No. 19 of 1927 Land Act, 1923 No. 42 of 1923 Housing (Financial and Miscellaneous Provisions) Act, 1932 No. 19 of 1932
Number 24 of 1936.
LABOURERS ACT, 1936.
AN ACT TO MAKE PROVISION FOR THE PURCHASE BY THE TENANTS THEREOF OF COTTAGES AND PLOTS PROVIDED UNDER THE LABOURERS ACTS, 1883 TO 1931, TO AMEND THE SAID ACTS, AND TO MAKE PROVISION FOR DIVERS MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th June, 1936.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Local Government and Public Health;
	the expression “the Principal Acts” means the Labourers Acts, 1883 to 1931, as amended by the Housing (Financial and Miscellaneous Provisions) Act, 1932 (Number 19 of 1932);
	the expression “the Act of 1891” means the Local Registration of Title (Ireland) Act, 1891;
	the word “cottage” means a cottage provided under the Principal Acts, and includes the plot (if any) provided in connection with such cottage;
	the word “holding” includes a parcel of untenanted land within the meaning of the Land Purchase Acts, and also includes, where the context so admits, part of a holding;
	the expression “state land” means any land which belongs to Saorstát Eireann by virtue of Article 11 of the Constitution;
	the expression “board of health” has the same meaning as in the Local Government Acts, 1925 to 1934;
	the word “owner” when used in relation to a cottage purchased from a board of health under this Act, shall, where the context so admits, be construed as including the legal personal representatives of an owner;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	“The appointed day.”	2.—(1) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.
	(2) In this Act the expression “the appointed day” means the day appointed by the Minister to be the appointed day for the purposes of this Act.
	Extension of definition of agricultural labourer.	3.—(1) Notwithstanding the provisions of section 93 of the Irish Land Act, 1903 , and of proviso (iii) to sub-section (1) of section 1 of the Labourers (Ireland) Act, 1919, a person shall not be prevented from being an agricultural labourer within the meaning of the Principal Acts solely by reason of the fact that he is in occupation of more than one quarter of an acre of land.
	(2) In this Act (other than this section) the expression “agricultural labourer” means an agricultural labourer within the meaning of the Principal Acts as amended by this section.
	Partial repeal of section 1 of the Labourers (Ireland) Act, 1919.	4.—Proviso (i) (being the proviso commencing with the words “the rents” and ending with the words “Local Government Board”; and) to section 1 of the Labourers (Ireland) Act, 1919, is hereby repealed.
	Transfer of cottages from county councils to boards of health.	5.—Where a cottage, the ownership of which was, by virtue of section 3 of the Local Government Act, 1925 , (No. 5 of 1925), transferred from a rural district council to a county council, has not, before the date of the passing of this Act, been transferred, under sub-section (3) of section 10 of the said Act, to the board of health in whose county health district such cottage is situate, such cottage shall on the said date and without any conveyance or assignment become and be vested in such board of health for all the estate and term or interest for which the same immediately before the said date was vested in such county council, and such board of health shall as soon as may be take all steps necessary to have their title to such cottage registered under the Act of 1891.
	Cesser of application of section 34 of the Land Act, 1927, to certain cottages.	6.—(1) Section 34 of the Land Act, 1927 (No. 19 of 1927) shall cease to have effect in relation to any parcel of land to which this section applies except where particulars in respect of such parcel have, before the date of the passing of this Act, been lodged with the Irish Land Commission in pursuance of section 40 of the Land Act, 1923 (No. 42 of 1923).
	(2) This section applies to every parcel of land which—
	(a) was taken on lease under the Principal Acts, and
	(b) was, at the time it was so taken, agricultural or pastoral or partly agricultural and partly pastoral within the meaning of the Land Purchase Acts, and
	(c) was, immediately before the date of the passing of this Act, held under such lease.
	Vesting in boards of health of fee simple reversion in certain lands held under lease.	7.—Where immediately before the appointed day any land (not being state land or land to which section 34 of the Land Act, 1927 (No. 19 of 1927), as amended by the immediately preceding section, applies) is held by a board of health for the purposes of the Principal Acts on lease, the following provisions shall have effect, that is to say:—
	(a) the interest (in this section referred to as the lessor's interest) of the lessor under such lease and any other interest in such land superior to the lessor's interest shall, on the appointed day and without any conveyance or assignment, become and be vested in such board of health, to the intent that such land shall on the appointed day become and be vested absolutely in such board of health in fee simple, free from incumbrances, but subject to any tenancies therein of persons occupying such land as tenants to such board of health;
	(b) the board of health shall pay to the person, who was immediately before the appointed day entitled to the lessor's interest and also to any person who immediately before the appointed day was entitled to any interest in such land superior to the lessor's interest, compensation in respect of the vesting of such interests under this section in like manner as if such interests were land which had been acquired for the purposes of the Principal Acts by such board of health by means of a compulsory purchase order made under section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932), and coming into operation on the appointed day, and the provisions of every enactment relating to land so acquired (including provisions relating to moneys lodged in Court) shall apply accordingly;
	(c) such board of health shall be liable to pay to the person entitled to the lessor's interest immediately before the appointed day any rent accrued due under such lease before the appointed day;
	(d) such board of health shall on every day (being a day which falls on or after the appointed day and before the date of assessment of compensation and which would have been a gale day under such lease but for the vesting of the lessor's interest in such board of health) pay to the person who was entitled to the lessor's interest immediately before the appointed day a sum equal to the rent which would have been payable on such day but for such vesting, and in calculating the amount of compensation in respect of the lessor's interest regard shall be had to any payments made under this paragraph;
	(e) such board of health shall as soon as may be after the appointed day send to the registering authority under the Act of 1891 the said lease and a map showing the situation of such land, and on receipt thereof the title of such board of health to the ownership of such land in fee simple shall be registered under the Act of 1891.
	Future acquisition of land for purposes of the Principal Acts.	8.—Where any land, which is neither state land, nor a holding under the Land Purchase Acts, nor land vested in...