[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/ila1909106.txt

[New search] [Help]

IRISH LAND ACT 1909

IRISH LAND ACT 1909 - LONG TITLE

An Act to amend the Law relating to the Occupation and Ownership
of Land in Ireland, and for other purposes relating thereto.{1}
[3rd December 1909]
PART I

IRISH LAND ACT 1909 - SECT 1

1.(1) In the case of advances made in pursuance of future purchase
agreements, three pounds ten shillings shall be substituted for three
pounds five shillings as the rate of the purchase annuity under
section forty-five of the Irish Land Act, 1903 (in this Act
referred to as the Act of 1903).

(2) So far as respects advances made for future purchase agreements,
the rate of interest to be paid by the Land Commission to the
National Debt Commissioners under section thirty-six of the Act of
1903, shall be three per cent. per annum, instead of
two-and-three-quarters per cent. per annum.

(3) The National Debt Commissioners shall, in the accounts kept by
them of the Irish Land Purchase Fund, distinguish between advances
made in pursuance of pending purchase agreements and advances made
in pursuance of future purchase agreements.

IRISH LAND ACT 1909 - SECT 2
Power to raise new guaranteed three per cent. stock, and provision
as to investment by savings bank depositors in stock.

2.(1) The power of the Treasury to create stock for the purpose of
raising money required for the Irish Land Purchase Fund (including
the Land Purchase Aid Fund) shall include power to create a new
capital stock to be called guaranteed three per cent. stock, and
the Treasury may at any time create for that purpose either
guaranteed two-and-three-quarters per cent. stock or guaranteed three
per cent. stock, as they think fit.

(2) The provisions of the Act of 1903 relating to stock shall
apply to guaranteed three per cent. stock created under this section
as they apply to the guaranteed two-and-three-quarters per cent.
stock created under that Act, with the substitution of three per
cent. for two-and-three-quarters per cent. as the rate of dividend,
and of thirty years from the passing of this Act for thirty years
from the commencement of the Act of 1903 as the period after the
expiration of which the stock is redeemable.

Subs.(3) rep. by 1958 c.6 s.17 sch.

Ss.36 rep. by SLR 1927; SLR 1950

IRISH LAND ACT 1909 - SECT 7
Provision as to making good deficiency in respect of stock issued.

7.(1) The charge on the Guarantee Fund for any deficiency in
respect of the issue of stock or bills or bonds at a discount
shall extend only to the amount of the Ireland Development Grant
which forms part of the cash portion of that fund; and the
deficiency, so far as is not made good out of that amount, shall
be made good out of moneys provided by Parliament.

(2) Any deficiency in respect of interest or sinking fund, arising
by reason of money being raised by means of three per cent. stock
for the purpose of advances in respect of which interest is payable
by the Land Commission to the National Debt Commissioners at the
rate of two-and-three-quarters per cent. only, shall be made good in
the same manner as a deficiency arising in respect of the issue of
stock at a discount is to be made good under subsection (6) of
section thirty-six of the Act of 1903, as amended by this section.

IRISH LAND ACT 1909 - SECT 8
Bonus dividend to be treated as expenses of issue of stock.

8.(1) Where stock is created for the purposes of the Land Purchase
Acts, and issued under conditions which provide that the money to
be raised thereby shall be paid up by instalments, dividends may be
paid on the total nominal amount of the stock from any date fixed
at the time of issue, although the instalments, or some or one of
them, may not have been payable until after that date; and, if the
amount so paid by way of dividend exceeds the sum which would have
been payable on the portion of the stock representing the money
actually paid up, the difference shall be treated as part of the
expenses of the issue of the stock.

(2) This section shall apply to any stock created and issued since
the first day of July nineteen hundred and eight, as well as to
stock issued after the passing of this Act.

IRISH LAND ACT 1909 - SECT 9
Advance dividend.

9.Subs.(1) rep. by SLR 1950

(2) The interest payable shall be at the rate at which the Land
Commission pay interest to the National Debt Commissioners in respect
of the advance, and shall be recoverable as if it were part of
the purchase annuity.

IRISH LAND ACT 1909 - SECT 10
Remission of stamp duty.

10.Subs.(1)(2) rep. by SLR (NI) 1954

(3) The exemption from stamp duty under section fifty of the Act
of 1903 shall extend to any instruments the stamp duty on which is
payable as expenses of the Land Commission in the same manner as
it applies to the instruments mentioned in that section.

IRISH LAND ACT 1909 - SECT 11
Repayment of advances under Labourers (Ireland) Act 1906.

11.(1) Advances made under section sixteen of the Labourers (Ireland)
Act, 1906 (which are by virtue of that section repayable in like
manner as advances under the Land Purchase Acts), shall, whether
made before or after the passing of this Act, be repayable in like
manner as advances made in pursuance of pending purchase agreements,
and, as respects all such advances, the rate of interest paid by
the Land Commission to the National Debt Commissioners shall be
two-and-three-quarters per cent. per annum.

Subs.(2) rep. by SLR 1950

S.12 rep. by SLR 1950

IRISH LAND ACT 1909 - SECT 13
Interpretation.

13. In this Part of this Act, unless the context otherwise
requires,

(a)The expression "pending purchase agreements" means agreements lodged
with the Land Commission on or before the fifteenth day of Setember
nineteen hundred and nine, or entered into on or before that date
by or with the Land Commission or the Land Judge;

(b)The expression "future purchase agreements" means agreements lodged
with the Land Commission or the Land Judge after that date:

Provided that purchase agreements entered into at any time on the
re-sale by the Land Commission

(i)of land purchased or agreed to be purchased by them on or
before the fifteenth day of Setember nineteen hundred and nine; or

(ii)of land being land in respect of which, or comprised in an
estate in respect of which, a purchase agreement, though not
actually entered into on or before the twenty-fourth day of November
nineteen hundred and eight, is deemed for the purposes of the
provisions of this Part of this Act relating to the percentage
payable under the Act of 1903, to have been entered into on or
before that date;

(b)shall be treated for the purposes of this Part of this Act as
pending purchase agreements and not as future purchase agreements;

Para.(c) rep. by SLR (NI) 1954

(d)The expression "prescribed" means prescribed by the Treasury.

IRISH LAND ACT 1909 - SECT 14
Power to make rules.

14.The power of making rules conferred on the Treasury by the Land
Purchase Acts shall extend to the making of rules for carrying the
provisions of this Part of this Act into effect, and for adapting
to the requirements of this Act such provisions of the Land
Purchase Acts or any other enactment passed prior to this Act as
relate to land purchase finance.

Ss.1517 rep. by SLR 1927; SLR 1950

IRISH LAND ACT 1909 - SECT 18
Trustees for the purposes of turbary, pasture, &c.

18.Subs.(1) rep. by SLR 1950

(2) Where any land is purchased by the said Department or a county
council or rural district council under this section, the scheme for
the user of the land mentioned in section twenty of the Act of
1903 shall be framed or approved of by the Department and the
requirements of that section with regard to the framing or approval
of the scheme by the Lord Lieutenant shall not apply.

(3) Where land is purchased by a county council or rural district
council under this section, the amounts required for payment of the
instalments of the purchase annuity shall be raised in the case of
the county council as a county at large charge, and in the case
of the rural district council as a district charge.

Subs.(4) rep. by SLR 1950

Ss.1924 rep. by SLR 1927; SLR 1950. Ss.2629 rep. by SLR 1927; SLR
1950

IRISH LAND ACT 1909 - SECT 30
Expenses of improvements by Land Commission on land sold by landlord
to tenant.

30.(1) Where the Land Commission deem it expedient to expend any
money on the improvement of a holding sold or agreed to be sold
by a landlord to a tenant, they may, in accordance with regulations
to be made by the Treasury, enter into an agreement with the
tenant for the repayment of the money so expended in the same
manner as if such money was advanced under the Land Purchase Acts
for the purchase of the holding, and the said money shall be
repaid by an additional annuity accordingly.

(2) So far as circumstances admit the additional annuity shall, in
accordance with regulations to be made by the Treasury, be
consolidated and made payable with the purchase annuity.

(3) Regulations made by the Treasury may provide that, where the
repayment of any money expended by the Land Commission is secured
by an additional annuity under this section, the National Debt
Commissioners may advance to the Land Commission the said money for
repayment to the reserve fund if that fund has not been exhausted,
and, if that fund has been exhausted, for repayment to the
Exchequer.

S.31 rep. by SLR 1950

IRISH LAND ACT 1909 - SECT 32
Amendment of 1903 c.37 s.54.

32.(1) As between the Land Commission and the proprietor for the
time being of any holding for the purchase of which the Land
Commission have, after the passing of this Act, made any advance
under the Land Purchase Acts, the following conditions shall be
imposed in addition to the conditions mentioned in section fifty-four
of the Act of 1903, namely

(a)The proprietor shall not without the consent of the Land
Commission acquire by purchase any other holding for the purchase of
which an advance has been made under the Land Purchase Acts if the
amount of that advance then outstanding, when added to the amount
of the advance or advances made in respect of the holding or
holdings then held by the proprietor, would exceed the sum of seven
thousand pounds, and, if any proprietor acquires any holding in
violation of this condition, the Land Commission may cause that
holding to be sold:

Para.(b) rep. by 1953 c.2 (NI) s.21 sch.

Subs.(2) rep. by 1953 c.2 (NI) s.21 sch.

(3) Subsection (2) and subsection (3) of section thirty of the Act
of 1881, as amended by any enactment, shall apply to any sale by
the Land Commission under this section.

(4) When the whole of the advance made for the purchase of a
holding under the Land Purchase Acts has been repaid, the conditions
imposed by this section, or by section fifty-four of the Act of
1903, shall cease to have effect as regards the holding or the
proprietor thereof.

IRISH LAND ACT 1909 - SECT 33
Application of 1903 c.37 s.67(3)

33. Subsection (3) of section sixty-seven of the Act of 1903 shall
not apply to any land or holding subject to a purchase annuity
unless the Land Commission deem it expedient, having regard to the
situation, size, and character of such land or holding, to apply
the provisions of the said subsection thereto.

IRISH LAND ACT 1909 - SECT 34
Recovery of interest.

34. The Land Commission, where interest on the purchase money of
any holding is payable to them, shall have for the recovery of
such interest the same remedies as they have for the recovery of
unpaid instalments of a purchase annuity.

Ss.35, 36 rep. by SLR 1950. S.37 rep. with saving by 1959 c.17
(NI) s.23 sch.4

IRISH LAND ACT 1909 - SECT 38
Powers of investment.

38.(1) Where any land purchased by means of an advance under the
Land Purchase Acts is settled land within the meaning of the
Settled Land Acts, 1883 to 1890, the trustees of the settlement
may, on the request of the tenant for life, notwithstanding anything
in the settlement to the contrary, invest the purchase money, or
any part thereof, in the following manner (that is to say):

(a)With the sanction of the Public Trustee

(i)in any of the public stocks or funds or Government securities of
any foreign government or state; or

(ii)in mortgages, bonds, debentures, or debenture stock charged upon
the undertaking of any railway company in the United States of
America, Mexico, the Argentine Republic, or Canada, which has, during
each of the five years last past before the date of investment,
paid a dividend on its preference stock (if any) or its ordinary
stock;

(b)and without such sanction

(i)in the mortgages, bonds, debentures, or debenture stock of any
railway company in the United Kingdom incorporated by special Act of
Parliament which has, during each of the five years last past
before the date of investment, paid a dividend on its preference
stock (if any) or its ordinary stock, or in the preference stock
of any such railway company which has, during a like period, paid
a dividend on its ordinary stock;

(ii)in the stocks or shares of any tramway or light railway,
dividends upon which are guranteed under the Tramways (Ireland) Acts,
1860 to 1900; or

<(iii)in the stock, mortgages, bonds, debentures, or debenture stock issued or to be issued by the council of any county or urban district in the United Kingdom under the authority of any Act or Provisional Order;

(2) The Public Trustee, in any case in which his sanction is
required for an investment under this section, shall, before
sanctioning the investment, satisfy himself that there is a
reasonable probability that the investment will, if realised on the
death of the tenant for life or the termination of the trust,
produce an amount not less than the sum invested; and the Public
Trustee shall not incur any liability on account of any sanction
given or withheld by him in good faith.

(3) The powers of investment conferred upon trustees by this section
shall be in addition to any powers of investment conferred on them
by the terms of the settlement or by Act of Parliament, and such
last-mentioned powers may be exercised notwithstanding anything to the
contrary in the settlement.

(4) A trustee shall not incur any liability by reason of any
investment made by him in exercise of the powers conferred by this
section.

Subs.(5) rep. by SLR 1927

IRISH LAND ACT 1909 - SECT 39
Examiners of title.

39. A barrister-at-law or solicitor shall not be deemed to have
retired from practice by reason of his having been temporarily
appointed and having acted as an examiner of the Land Commission
under the provisions of the Land Purchase Acts.

S.40 rep. by SLR 1950

IRISH LAND ACT 1909 - SECT 41
Presumption of release of unpaid rent in certain cases.

41.(1) Where any land sold under the Land Purchase Acts is subject
to any rent reserved under a lease, and no payment on foot of
such rent has been made for a period of forty years prior to such
sale, such rent shall, for the purposes of such sale and the
distribution of the purchase money, be deemed to have been released.

(2) Where portions of any such rent have become vested in different
owners, this section shall apply to any portion of such rent as if
it was a separate rent.

Ss.42, 43 rep. by SLR 1950

Part IV (ss.6164), Part V (s.65) rep. by SLR 1950

Definitions.

IRISH LAND ACT 1909 - SECT 66

66. In this Act, unless the context otherwise requires,

Definition rep. by SLR (NI) 1954

The expression "the Land Purchase Acts" includes the Land Purchase
Acts as defined by the Act of 1896 and the Act of 1903, the
Irish Land Act, 1907, and Parts I, II, ... of this Act;

The expression "the Land Law Acts" means the Land Law Acts as
defined by the Act of 1903...

The expression "the Act of 1881" means the Land Law (Ireland) Act,
1881,

Definitions rep. by SLR (NI) 1954

The expression "the Act of 1903" means the Irish Land Act, 1903;

Definitions rep. by SLR (NI) 1954

S.67 rep. by SLR 1927

IRISH LAND ACT 1909 - SECT 68
Construction.

68. Parts I, II, ... of this Act shall be construed as one with
the Land Purchase Acts, and may be cited with those Acts.

....

Short title.

IRISH LAND ACT 1909 - SECT 69

69. This Act may be cited as the Irish Land Act, 1909.

S.70 rep. by SLR 1927

First Schedule rep. by SLR 1950. Second Schedule rep. by SLR 1927