Land Act, 1933

• Jurisdiction: Ireland
• Citation: IR No. 38/1933
• Year: 1933

Number 38 of 1933.
LAND ACT, 1933.
ARRANGEMENT OF SECTIONS
PART I.
PRELIMINARY AND GENERAL.
Section 1. Short title, construction and citation. 2. Definitions. 3. General rules and regulations. 4. Expenses.
PART II.
THE MINISTER AND THE APPEAL TRIBUNAL.
5. Commencement of this Part of this Act. 6. Powers of the Minister in relation to the Land Commission and the Lay Commissioners. 7. The Appeal Tribunal. 8. Applications to the Appeal Tribunal by way of appeal under this or any future Act. 9. Transfer of appeals from the Judicial Commissioner to the Appeal Tribunal. 10. Appeals from orders of the Appeal Tribunal. 11. Transfer of certain powers to the Appeal Tribunal.
PART III.
ARREARS AND REVISION OF PURCHASE ANNUITIES, RENTS, AND OTHER ANNUAL PAYMENTS.
12. Arrears and revision of purchase annuities payable to the Land Commission. 13. Arrears and revision of purchase annuities payable to the Commissioners of Public Works. 14. Arrears and revision of interest in lieu of rent. 15. Arrears and revision of payment in lieu of rent. 16. Arrears and revision of rent and interest payable to the Land Commission. 17. Arrears and revision of rents payable by sub-tenants. 18. Arrears and revision of rents etc., payable to the Church Temporalities Fund. 19. Amount and revision of future purchase annuities. 20. Ascertainment and certification of amount of revised annuities. 21. Amount, duration, and recovery of funding annuities. 22. Redemption of revised and funding annuities. 23. Costs and expenses of proceedings. 24. Holdings and parcels of which the Land Commission obtains possession. 25. Third decadal reductions of purchase annuities. 26. The Guarantee Fund. 27. Deficiencies in the Land Bond Fund.
PART IV.
MISCELLANEOUS AMENDMENTS OF THE LAW RELATING TO LAND PURCHASE.
28. Levy by county registrar on warrant for arrears of payments due to the Land Commission. 29. Relief of congestion. 30. Power to the Land Commission in certain cases to declare the appointed day for untenanted land before the price is fixed. 31. Resumption of holdings. 32. Extension of the powers of the Land Commission to acquire land compulsorily. 33. Advance to trustees for certain purposes. 34. Power of Land purchase sporting rights in certain cases. 35. Amendment of section 24 of the Land Act, 1927. 36. Amendment of section 24 (2) (b) and (g) of the Land Act, 1923. 37. Annuities on submerged lands. 38. Power to the Land Commission in certain cases to reduce the standard purchase annuity of a holding. 39. Mill holdings. 40. Holdings let for a special purpose. 41. Previous advances made to the husband or wife of a tenant to be considered. 42. Untenanted land held under fee farm grant or long lease. 43. Compounded arrears of rents charged on holdings which are sub-let. 44. Expenditure on embankments not exceeding £500. 45. Amendment of section 73 (2) (b) of the Land Act, 1923. 46. Provisions relating to tenanted land suitable for building. 47. Extension of power to acquire bogs. 48. Registration of holdings on vesting. 49. Tithe rentcharge or variable rent in Dublin. 50. Power to appoint trustees. 51. Payment of fines for renewal of leases, on allocation. 52. Distribution of small shares of purchase moneys, etc. 53. Deduction from purchase money of debts due to the State. 54. Guarantee deposits.
Acts Referred to Forestry Act, 1928 No. 34 of 1928 Mines and Minerals Act, 1931 No. 54 of 1931 Finance Act, 1923 No. 21 of 1923 Enforcement of Court Orders Act, 1926 No. 18 of 1926
Number 38 of 1933.
LAND ACT, 1933.
AN ACT TO AMEND GENERALLY THE LAW, FINANCE, AND PRACTICE RELATING TO LAND PURCHASE, AND IN PARTICULAR TO MAKE FURTHER AND BETTER PROVISION FOR THE EXECUTION OF THE FUNCTIONS OF THE JUDICIAL AND LAY COMMISSIONERS OF THE LAND COMMISSION AND TO PROVIDE FOR THE REVISION OF PURCHASE ANNUITIES AND CERTAIN OTHER ANNUAL PAYMENTS AND FOR THE FUNDING OF ARREARS THEREOF, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th October, 1933.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
PART I. Preliminary and General.
	Short title, construction and citation.	1.—(1) This Act may be cited as the Land Act, 1933.
	(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.
	Definitions.	2.—In this Act—
	the expression “the Minister” means the Minister for Lands and Fisheries;
	the expression “the first gale day in the year 1933” means the first day in the year 1933, which is a gale day in respect of the annuity, rent, interest, or other annual payment in respect of which the expression is used;
	the expression “officer of the Land Commission” includes a Land Commissioner other than the Judicial Commissioner;
	the expression “Lay Commissioner” means a Land Commissioner other than the Judicial Commissioner;
	references to proceedings for the recovery of any annuity, rent, interest, or other annual payment shall be construed as including a sale or proceedings for a sale of the holding, tenancy, or other land on account of a default in payment of such annuity, rent, interest or other annual payment.
	General rules and regulations.	3.—(1) The Minister may, with the concurrence of a majority of a committee consisting of the Judicial Commissioner, the Secretary of the Land Commission, and a Lay Commissioner appointed for the purpose by the Minister and after consultation with the President of the Incorporated Law Society, make rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of the Land Purchase Acts including this Act (except Part II thereof) and in this Act the word “prescribed” means prescribed by such rules.
	(2) Rules made under the next preceding sub-section of this section may revoke in whole or in part or amend any rule made under any of the Land Purchase Acts except rules relating to land purchase finance.
	(3) The Minister for Finance may make rules and regulations for carrying into effect the provisions of this Act relating to land purchase finance, and may by such rules or regulations adapt to the requirements of this Act any provision relating to land purchase finance contained in any Act passed before this Act.
	Expenses.	4.—(1) All expenses incurred by the Minister in the execution of this Act and not otherwise provided for by this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	(2) All payments made and expenses incurred by the Land Commission in the execution of this Act and not otherwise provided for by this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II. The Minister and the Appeal Tribunal.
	Commencement of this Part of this Act.	5.—(1) This Part of this, Act shall come into operation on such day as the Minister shall by order appoint to be the appointed day for the purposes of this Part of this Act.
	(2) In this Part of this Act the expression “the appointed day” means the day appointed by the Minister under this section to be the appointed day for the purposes of this Part of this Act.
	Powers of the Minister in relation to the Land Commission and the Lay Commissioners.	6.—(1) The following matters shall be excepted matters for the purposes of this section and the expression “excepted matters” shall in this section be construed accordingly, that is to say:—
	(a) the determination of the persons from whom land is to be acquired or resumed;
	(b) the determination of the actual lands to be acquired or resumed;
	(c) the determination of the price to be paid for land so acquired or resumed;
	(d) the determination of the persons to be selected as allottees of untenanted land;
	(e) the determination of the price at which land is to be sold to any such allottee;
	(f) the determination of the new holding which is to be provided for a tenant or proprietor whose holding has been acquired by the Land Commission;
	(g) the determination whether or not a holding has been used by the tenant thereof as an ordinary farm in accordance with proper methods of husbandry.
	(2) On and after the appointed day, the Land Commission, in the exercise and performance of the powers and duties for the time being vested in it by law (including this Act), and the Lay Commissioners, in the exercise and performance of the powers and duties for the time being specifically vested in them by law (including this Act), shall, save in relation to excepted matters, act under and in accordance with the directions, whether general or particular, of the Minister, and the Minister shall have and may exercise, if and so far as he shall think proper, full and unrestricted power of regulating and controlling every and any exercise or performance by the Land Commission or the Lay Commissioners (as the case may be) of any such power or duty not relating to an excepted matter and also power of reserving to himself rights of approval and disapproval or of reconsideration, revision and confirmation of every or any act of the Land Commission or the Lay Commissioners not relating to an excepted matter.
	(3) All powers and duties for the time being vested by law...