Page:Public General Statutes 1896.djvu/426

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406
Ch. 47.Land Law (Ireland) Act, 1896.
59 & 60 Vict.

Part V.

PART V.

Evicted Tenants.

Renactment with the modifications of 54 & 55 Vict, c. 48. 8. 13. 46. Section thirteen of the Purchase of Land (Ireland) Act, of 1891, hereby re-enacted, and shall have effect following: Twelve months of the commencement of this Act shall be substituted for six months of the passing of this Act.

Application to Land Commission for reinstatement of tenant or for purchase of holding 47.—(1.) Where the tenancy of a holding has been determined at any time after the first day of May one Thousand thousand eight hundred and seventy-nine, the landlord or the former tenant of the holding, of tenant or or both jointly, may within twelve month of the commencement of said Act, apply in the prescribed manner to the Land Commission to act as mediators with a view to the reinstatement of the tenant the holding or with a view to the purchase of the holding by the tenant.

(2.) Upon any such joint application with a view to reinstatement the Land Commission may declare the terms and conditions as to rent, and the payment of arrears, or otherwise, upon which they consider that- it would be reasonable that the former tenant should be reinstated in the holding, and upon the parties consenting within the proscribed time and in the prescribed manner may make an order reinstating the tenant in his holding upon the said terms and conditions.

(3.) Upon any such joint application with a view to the sale of the holding, the Land Commission may declare the amount of the advance which they are prepared to sanction, and the conditions (if any) to be fulfilled previously to the making of such advance, and upon the parties consenting within the prescribed time and in the prescribed manner, may order an advance, subject to the said conditions; in like manner as if an agreement had been made under section thirteen of the Purchase of Land (Ireland) Act, 1891,64&65 Vict c. 48, as re-enacted by this Act.

(4.) Upon such application, whether for reinstatement or for a sale being made by either the landlord or the former tenant of the holding, the Land Commission may, if they think fit after making such inquiry as they think advisable, serve in the prescribed manner upon the party not having made the application a notice calling tipon him to state whether he consents to the application being treated as a joint application, and, if the party so served does not within the prescribed time after such service object, a joint application within the meaning of the section shall be deemed to have been made for reinstatement or for a sale, as the case may be, and the Land Commission may thereupon proceed under this section accordingly. (5.) Every order under this section shall be binding upon all persons, and be final and conclusive.

(6.) An order under this section shall not be made in the case of a holding which, on the first day of January one thousand eight hundred and ninety-six, was in the occupation of a tenant.