PART III.

Vesting of Holdings on Re-sales.

22. —In this part of this Act—

the word “holding” includes, where the context so admits, a holding surrendered or deemed to have been surrendered in exchange for another holding, and also a holding vested in a tenant in exchange for another holding, and also a parcel of untenanted land; and

the word “tenant” includes the occupier of a holding whether he does or does not occupy the same under a contract of tenancy and whether he was or was not in such occupation prior to the publication of the list of congested districts holdings or the making of the vesting order in which such holding is comprised.

23. —(1) The Land Commission may from time to time publish lists (in this Act referred to as lists of congested districts holdings) of holdings on estates which either were transferred by the Land Law (Commission) Act, 1923 , from the late Congested Districts Board to the Land Commission or were purchased by the Land Commission under powers transferred by that Act from the said Board to the Land Commission.

(2) Every list of congested districts holdings shall specify separately every holding comprised therein and shall state in respect of each such holding the name of the person appearing to the Land Commission to be the tenant thereof, the amount of the purchase annuity subject to which the Land Commission is prepared to sell such holding, and such other matters (if any) as the Land Commission shall in any particular case consider to be necessary or desirable.

24. —(1) The Land Commission may from time to time publish lists (in this Act referred to as lists of holdings on untenanted land) of holdings on untenanted land vested in the Land Commission otherwise than by transfer from the late Congested Districts Board or by purchase under powers transferred from that Board.

(2) Every list of holdings on untenanted land shall specify separately every holding comprised therein and shall state in respect of every such holding the name of the person appearing to the Land Commission to be the tenant thereof, the amount of the purchase annuity subject to which the Land Commission is prepared to sell such holding, and such other matters (if any) as the Land Commission shall in any particular case consider to be necessary or desirable.

25. —(1) Lists of congested districts holdings and lists of holdings on untenanted land may be amended by the Land Commission with the consent of all the parties concerned or, subject to the provisions of this section, without such consent.

(2) Where the Land Commission propose to amend a list of congested districts holdings or a list of holdings on untenanted land otherwise than on consent of the parties, the Land Commission shall serve in the prescribed manner on all the parties concerned notice of the proposal to make such amendment and shall afford to all such parties an opportunity to object to such proposed amendment.

(3) Every objection duly made to a proposed amendment of a list of congested districts holdings or a list of holdings on untenanted land shall be considered and decided by the Land Commissioners other than the Judicial Commissioner and there shall be a right of appeal to the Judicial Commissioner from the decision of the other Land Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

26. —The Land Commission shall have and may exercise in respect of any holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land the powers vested in and exercisable by them in relation to retained holdings under the Land Act, 1923 , and the Acts amending or extending that Act as fully as if such holding were a retained holding within the meaning of that Act.

27. —(1) Every tenant of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land shall pay to the Land Commission as from the gale day on which his rent is payable next after the date of the publication of such list an annual sum equal to the purchase annuity specified in such list in respect of such holding and such tenant shall continue to pay such sum until whichever of the following dates is applicable, that is to say:—

(a) if the whole of such holding is resold to such tenant, until the gale day next after the date of the vesting order in respect of such holding;

(b) if the whole of such holding is resumed by the Land Commission, until the date of such resumption;

(c) if part only of such holding is resold to such tenant or if part only of such holding is resumed by the Land Commission, until such date as the Land Commission shall appoint but subject to such apportionment or variation before that date as the Land Commission shall direct;

(d) if a holding is sold to such tenant in exchange for the holding hereinbefore mentioned, until the gale day next after the date of the vesting order in respect of the said holding so sold.

(2) Every tenant of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land shall, on the first gale day on which a gale of the annual sum mentioned in the foregoing sub-section of this section is payable by him, pay to the Land Commission an additional sum the amount of which shall bear to the yearly amount of such annual sum the same proportion as the period between such first gale day and the next following day on which dividends are payable on stock issued under the Irish Land Act, 1903, or the Irish Land Act, 1909, or on land bonds (as the case may be) bears to one year.

(3) Every annual sum and every additional sum payable under this section by a tenant shall be charged on the holding in respect of which it is payable and shall be so charged in priority to all interests and incumbrances (whether created before or after the passing of this Act) then affecting such holding and the Land Commission shall have for the recovery of every such sum the same remedies as they have for the recovery of unpaid instalments of purchase annuities.

(4) Where the whole of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land is re-sold to the tenant thereof, all payments made by such tenant to the Land Commission in respect of the said annual sum payable by him under this section shall, from and after the date of the vesting order in respect of such holding, be treated for all purposes as payments in respect of purchase annuity.

(5) Where part only of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land is re-sold to the tenant thereof, so much as the Land Commission shall direct of the payments made by such tenant to the Land Commission in respect of the said annual sum payable by him under this section shall, from and after the date of the vesting order in respect of so much of such holding as is so re-sold, be treated for all purposes as payments in respect of purchase annuity.

(6) Where a holding is sold to the tenant of a holding comprised in a list of congested districts holdings or in a list of holdings on untenanted land and is so sold in exchange for the said holding comprised in such list, so much as the Land Commission shall direct of the payments made by such tenant to the Land Commission in respect of the said annual sum payable by such tenant under this section in respect of the said holding comprised in such list shall, from and after the date of the vesting order in respect of the first-mentioned holding, be treated as payments in respect of purchase annuity.

28. —(1) The Land Commission may at any time publish in the prescribed manner a vesting order vesting any holding or part of a holding which was comprised or could under this Part of this Act have been comprised in a list of congested districts holdings or a list of holdings on untenanted land in the person named in such order subject to the purchase annuity and upon the terms and conditions stated in such order.

(2) Every person named in a vesting order made under this section as the tenant of a holding or part of a holding thereby vested shall be deemed to have entered on the date of such vesting order into a purchase agreement for the purchase of such holding or such part of such holding subject to the purchase annuity and upon the terms and conditions stated in such vesting order.

(3) The Land Commission shall, in respect of every vesting order made under this section, afford to all parties concerned an opportunity for making objections to such order and the Land Commissioners other than the Judicial Commissioner shall consider and decide every such objection duly made and there shall be a right of appeal to the Judicial Commissioner from every decision of the other Commissioners on any such objection and the decision of the Judicial Commissioner on any such appeal shall be final, save that an appeal shall lie on questions of law only from such decision of the Judicial Commissioner to the Supreme Court.

29. —Where prior to the date of a vesting order made under this Part of this Act a tenant named in such vesting order was the tenant of a holding (in this section referred to as the original holding) which is not the holding (in this section referred to as the vested holding) vested in him by such vesting order and the vested holding is stated in such vesting order to be given to him in exchange for the original holding, the following provisions shall have effect, that is to say:—

(a) such tenant shall be deemed to have entered into an agreement with the Land Commission for the exchange of the original holding for the vested holding;

(b) such vesting order shall operate as a surrender of the original holding to the Land Commission;

(c) all incumbrances, charges, and equities affecting such tenant's interest in the original holding immediately before the making of such vesting order shall without any conveyance or any other order become and be transferred, as on and from the date of such vesting order, to the interest in the vested holding acquired by such tenant by virtue of such vesting order;

(d) notwithstanding the making of such vesting order or anything contained in this section, the Land Commission shall be entitled to receive and recover from such tenant all (if any) rent or interest owing by him to them in respect of the original holding immediately before the making of such vesting order.