Land Act, 1936

• Jurisdiction: Ireland
• Citation: IR No. 41/1936

Number 41 of 1936.
LAND ACT, 1936.
ARRANGEMENT OF SECTIONS
Section 1. Short title, construction, and citation. 2. General rules. 3. Expenses. 4. Drawings for the redemption of land bonds. 5. Redemption of funding annuities on resumed holdings. 6. Redemption of purchase annuities on holdings acquired by the Land Commission. 7. Grants in relation to the transfer of migrants. 8. Transfer of annuity and arrears on exchange of holdings. 9. Sale of defaulters' holdings discharged from arrears. 10. Land bonds over-issued or under-issued for compounded arrears of rent. 11. Amendment of provisions relating to land bonds over-issued. 12. Times for payment of additional sums. 13. Application of section 38 of the Land Act, 1933, to judicial holdings. 14. Power to agree on standard purchase annuity of non-judicial holding. 15. Cash payments by purchasers. 16. Obligation to pay portion of certain advances in full. 17. Levying of fees and expenses under warrants of the Land Commission. 18. Goods seizable under warrants of the Land Commission. 19. Application of Part II of the Enforcement of Court Orders Act, 1926. 20. Appointment of limited administrators in certain cases. 21. Restriction on vesting of untenanted land in a congested districts county. 22. Termination of powers under section 42 of the Land Act, 1927. 23. Amendment of section 24 of the Land Act, 1923, in relation to building ground. 24. Extension of the purposes for which holdings may be resumed. 25. Procedure on compulsory acquisition of land. 26. Payment of compensation to objectors. 27. Extension of powers for the relief of congestion. 28. Amendment of section 29 of the Land Act, 1933. 29. Vesting of land certified under section 32 of the Land Act, 1933. 30. Extension of powers conferred by section 30 of the Land Act, 1933. 31. Unopposed applications under section 14 of the Land Act, 1931. 32. Preservation of rights notwithstanding listing under sections 23 or 24 of the Land Act, 1931. 33. Parcels held under undertakings and not listed under section 24 of the Land Act, 1931. 34. Amendment of section 9 of the Land Act, 1927 in relation to stud farms. 35. Extinguishment of superseded rights of way. 36. Restrictions on the cutting or removal of bent. 37. Tenancies created after 9th August, 1923. 38. Compulsory acquisition of land vested in purchasers under the Land Act, 1923. 39. Power of the Land Commission to purchase sporting rights in certain cases. 40. Amendment of sub-section (2) of section 24 of the Land Act, 1923. 41. Power to purchase part only of a holding. 42. Amendment of section 44 of the Land Act, 1931. 43. Untenanted land held under fee farm grant or long lease. 44. Amendment of sections 3 and 4 of the Land Act, 1927. 45. Obligation to redeem drainage maintenance charges. 46. Amendment of sub-section (2) of section 16 of the Irish Land Act, 1903.
Acts Referred to Land Bond Act, 1933 No. 33 of 1933 Land Bond Act, 1934 No. 11 of 1934 Adaptation of Enactments Act, 1922 No. 2 of 1922 Land Bond Act, 1925 No. 25 of 1925 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Foreshore Act, 1933 No. 12 of 1933
Number 41 of 1936.
LAND ACT, 1936.
AN ACT TO AMEND AND EXTEND THE LAND PURCHASE ACTS IN DIVERS RESPECTS. [14th August, 1936.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Short title, construction, and citation.	1.—(1) This Act may be cited as the Land Act, 1936.
	(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.
	General rules.	2.—The power of making rules conferred by sub-sections (1) and (2) of section 3 of the Land Act, 1933 , shall extend to and be exercisable for making rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act, and in this Act the word “prescribed” means prescribed by such rules.
	Expenses.	3.—All expenses incurred by the Minister for Lands, and all payments made and expenses incurred by the Land Commission, in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
	Drawings for the redemption of land bonds.	4.—(1) Regulations made by the Minister for Finance under the Land Bond Act, 1933 (No. 33 of 1933), for the purposes of sub-section (4) of section 4 of that Act, and any order or regulations made by the said Minister under the Land Bond Act, 1934 (No. 11 of 1934), for the purposes of sub-section (2) of section 7 of that Act may provide for both or either of the following things, that is to say:—
	(a) that no drawings for the redemption of the land bonds or series of land bonds to which such regulations or order relate shall take place before the expiration of two years from the date of the first issue of such land bonds or series of land bonds or until, on some 1st day of May or 1st day of November, not less than eighty per cent. of the nominal amount of such of the said land bonds or series of land bonds as shall have been issued before such day are registered in the books of the National City Bank,
	(b) that, for the purposes of any drawing for the redemption of such land bonds or series of land bonds, land bonds of the denomination of ten pounds may be grouped in units of one hundred pounds, and land bonds of the denomination of one pound may be grouped in similar units of one hundred pounds.
	(2) All sums set aside in the land bond fund in pursuance of section 5 of the Land Bond Act, 1933 (No. 33 of 1933), or of an order made under section 4 of the Land Bond Act, 1934 (No. 11 of 1934), and not immediately required for the redemption of land bonds may be invested by the Minister for Finance, if he so thinks fit, in the purchase of any stock, fund, or security in which trustees are authorised by section 18 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), to invest trust funds or in the purchase of any stock, shares, or security the principal of and interest on which are guaranteed under statutory authority by the Government of Saorstát Eireann, and if and whenever any sum so set aside is so invested the following provisions shall have effect, that is to say:—
	(a) it shall be lawful for the Minister for Finance, as and when he so thinks proper, to sell any such investment;
	(b) the net proceeds of the sale of any such investment shall be paid into the land bond fund;
	(c) all interest or dividend received by the Minister for Finance on or in respect of any such investment shall be paid into the land bond fund;
	(d) all moneys paid into the land bond fund under this section in respect of any investment shall be available for any purpose for which the moneys used for the purchase of such investment would have been available.
	Redemption of funding annuities on resumed holdings.	5.—(1) Whenever the Land Commission resumes a holding on which a funding annuity is charged, such funding annuity shall be redeemed out of the resumption price of such holding by the sale of sufficient of the land bonds representing such resumption price to pay the redemption price of such funding annuity.
	(2) Whenever a funding annuity is redeemed in pursuance of this section, the redemption price thereof shall be ascertained in accordance with section 22 of the Land Act, 1933 .
	Redemption of purchase annuities on holdings acquired by the Land Commission.	6.—(1) Whenever the redemption price of a purchase annuity charged on land acquired by the Land Commission is, in pursuance of section 14 of the Land Act, 1923 , regarded and dealt with as a claim attaching to the purchase money of such land, the redemption price of such purchase annuity shall (notwithstanding anything contained in section 3 of the Land Act, 1923 , as amended by section 4 of the Land Bond Act, 1925 (No. 25 of 1925), or in the said section 3 as so amended and applied by either section 2 of the Land Bond Act, 1933 (No. 33 of 1933), or section 2 of the Land Bond Act, 1934 (No. 11 of 1934)) be paid by transferring to the Land Commission so much of the land bonds representing the said purchase money as shall be sufficient at the price of the day to pay the redemption price of such purchase annuity.
	(2) Sub-section (3) of section 1 of the Land Act, 1923 , as amended by section 3 of the Land Bond Act, 1925 , is hereby amended by the deletion therefrom of the sentence now contained therein which begins with the words “Such regulations” and ends with the words “under this Act”.
	Grants in relation to the transfer of migrants.	7.—(1) The powers of the Land Commission to expend money for the benefit or improvement of land purchased or agreed to be purchased under the Land Purchase Acts shall extend to and include the grant to or expenditure for the benefit of a migrant (whether before or after he is put into possession of his new holding but not later than eighteen months after he is so put into possession) of such sums as the Land Commission shall think necessary or expedient for either or both of the following purposes, that is to say:—
	(a) the purchase by or for the benefit of such migrant of provisions and fuel for himself and the members of his family residing with him;
	(b) assisting such migrant in the cultivation and development of his new holding.
	(2) The sums expended by the Land Commission under the foregoing...