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Tenure of Land Commissioners, &c.
22 Vict. c. 26.
48 & 49 Vict. c. 73.
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28.—(1) From the commencement of this Act the Land Commission shall be perpetual, but it shall be lawful for the Lord Chancellor to remove for inability or misbehaviour any Commissioner other than the Judicial Commissioner.
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(2) Every order of removal shall state the reasons for which it is made, and no such order shall come into operation until it has lain before both Houses of Parliament for not less than thirty days, nor if either House passes a resolution objecting to it.
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(3) Save as aforesaid, each Commissioner, other than the Judicial Commissioner, shall hold his office by the same tenure as if he were a county court judge in Ireland, and his salary shall be paid out of the Consolidated Fund; but none of the Commissioners shall by reason of this Act be entitled to any pension or superannuation allowance, save so far as he would have been so entitled if this Act had not passed.
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(4) The Lord Chancellor may nominate any judges of the High Court, other than the Lord Chief Justice and the Master of the Rolls, to act as additional Judicial Commissioners for the purposes of the Land Purchase Acts as amended by this Act for the time specified by him; and every judge so nominated shall during that time have the same jurisdiction for the purpose of determining any question of law, or of hearing any appeal, as the Judicial Commissioner for the purposes of the said Acts.
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(5) If and when the Judicial Commissioner is temporarily unable to attend, or his office is vacant, the Lord Chancellor may nominate any judge of the High Court to act temporarily in his place, and the judge so nominated shall during such inability or vacancy have the same jurisdiction as if he were the Judicial Commissioner.
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(6) A judge of the High Court appointed before the first day of January one thousand eight hundred and eighty-eight shall not, without his own consent, be nominated under this section.
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(7) Such of the assistant commissioners and such of the persons for the time being employed by the Land Commission as the Lord Lieutenant and the Treasury, after receiving and considering reports from the several members of the Land Commission, determine to be necessary and best qualified for the permanent organisation of the staff of the Land Commission, shall, as from the first day of January next after the passing of this Act, notwithstanding anything in the Land Purchase Acts, be permanent civil servants of the Crown within the meaning of section seventeen of the Superannuation Act, 1859; and in their case, and in the case of persons formerly employed by the Commissioners of Church Temporalities in Ireland or by the Land Commission who have since served continuously in the service of the Crown, their periods of service (if any) under the Commissioners of Church Temporalities in Ireland or under the Land Commission, as the case may be, shall be taken into account for all purposes of superannuation allowance, and such portion of the superannuation allowance (if any) as the Treasury determine to be properly payable in respect of such service shall be charged on and paid out of the Irish Church Temporalities Fund.
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(8) Notwithstanding anything in section seventeen of the Purchase of Land (Ireland) Act, 1885, any Commissioner in carrying the Land Purchase Acts and this Act into effect may submit any question of law arising under the said Acts for the hearing and determination of the Judicial Commissioner, and it shall not be necessary that any Commissioner shall sit with the Judicial Commissioner when he is hearing or determining any question of law under the provisions of that section.
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