Purchase of Land (Ireland) Act, 1891

Supplemental provisions as to amalgamation of holdings in congested districts county.

38.(1) On a holding amalgamated in pursuance of this Act, one house only shall be used as a dwelling-house, and if more than one house is so used, the Land Commission shall, except where that use is permitted as herein-after mentioned, cause the holding to be sold as if for a breach of condition under section thirty of the Land Law (Ireland) Act, 1881.

(2) Provided that the Congested Districts Board, if they think special reasons justify the course, may request the Land Commission to permit, and thereupon the Land Commission shall permit, the former occupier of another house on the amalgamated holding or a member of his family to become and be caretaker of such other house, and of any yard and garden attached thereto, not exceeding one quarter of an acre, for such limited time and on such conditions as the Board approve.

(3) Where a holding amalgamated in pursuance of this Act is of less value than the holdings out of which it was amalgamated, either because only one house can be used as a dwelling-house on the amalgamated holding, or otherwise by reason of the amalgamation, the Land Commission may, and on the request of the Congested Districts Board shall, certify the amount of the difference, and that amount shall be paid by the Board out of the moneys at their disposal to the person or department on whom the loss has fallen, and if paid to the Land Commission shall be applied towards the discharge of the purchase-annuity on the holding.

(4) The provisions of this Act respecting the amalgamation of holdings shall, in cases where the Congested Districts Board think it expedient, apply to a part of a holding.