Page:Public General Statutes 1896.djvu/413

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
1896.
Land Law (Ireland) Act, 1896.
Ch. 47.
393

The paged version of this document contained the following header content in the margin: Part I.

Part 1.

(3.) Any such agreement on being filed in the prescribed manner with the Land Commission shall have the same effect and consequences in all respects as if the matters agreed to therein had been determined by the Land Commission, and the Land Commission had power to determine the same.

(4.) The said conditions shall, in the case of an agreement made by a limited owner or a mortgagor mortgagee in possession, include such conditions as may be prescribed to protect the interests of the person entitled on the cesser of the interest or possession of such limited owner, mortgagor, or mortgagee.

Tenancy to be present tenancy where landlord has so consented18. Where, prior to the commencement of this Act, the landlord Tenancy to be of a holding has consented that the tenancy in the holding should be a present tenancy, or that the tenant should have the same rights as a present tenant, the tenancy shall be deemed to be present tenancy accordingly.

Amendment as to mortgage or settlement of holdings.19.The alienation to one person only of a holding by way of mortgage, or family settlement, or where marriage forms a portion of the consideration, or otherwise than for consideration in money or money's worth, shall be a sale within the meaning of section one of the Land Law (Ireland) Act, 1881, but the provisions of the several regulations thereof other than regulation (6) shall not apply thereto.

Repeal of 44 & 45 Vict. c.49. s. 8(5)20. The fifth sub-section of section eight of the Land Law (Ireland) Act, 1881 is hereby repealed.

Procedure.'

Amendments of procedure as to limited representation of deceased person21. On any application under the Land Law Acts, as amended Amendments by this Act, an order may be made by the court appointing some person limited administrator of a deceased person for the purpose of such application, and such order may he made whether such deceased person did or did not die before the application, or make a will which was not proved. It is hereby declared that the court had power, at any time since the passing of the Land Law (Ireland) 1881, to make such an order as in this section is mentioned.

Ground of appeal to be stated22. Rules under section fifty of the Land Law (Ireland) Act, 1881, may provide that, subject to the qualifications (if any) contained in those rules, every notice of appeal, under the Land Law Acts, shall state the grounds of appeal, and on the hearing of the appeal no grounds of appeal shall, save by leave of the court, which shall not be given as of course, be entered into except those so stated. For the purpose of this section "appeal" includes rehearing."

Part II.

PART II.

Land Commission and Land Judge.

Regulations as to interchange of duties of23.—(1.) The Lord Chancellor, the Land Judge of the Chancery Division of the High Court, and the Judicial Commissioner of the