Forestry Act, 1946
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PART III. Extinguishment of Easements, Creation of Rights of Way and Compulsory Acquisition of Land. | ||
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Chapter I. Preliminary and General. | ||
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Definitions for purposes of Part III. |
12.—In this Part— | |
the expression “acquisition order” means an order made under section 23 of this Act; | ||
the expression “annual sum” means any annual or periodical payment charged on land, but does not include— | ||
(a) any State annuity, or | ||
(b) a rent payable to the Land Commission or the Commissioners under a contract of tenancy expressed to be made for temporary convenience, or | ||
(c) interest on a mortgage, or | ||
(d) a charge subsisting under a settlement; | ||
the expression “the Appeal Tribunal” means the tribunal constituted by section 7 of the Land Act, 1933 (No. 38 of 1933); | ||
the expression “assessment order” means an order made under subsection (2) of section 24 or subsection (1) of section 25 of this Act; | ||
the expression “charge subsisting under a settlement” means a charge subsisting or to arise under a settlement, within the meaning of the Settled Land Acts, 1882 to 1890, not being a charge having priority to the settlement or a charge created for securing money actually raised; | ||
the expression “the Commissioners” means the Commissioners of Public Works in Ireland; | ||
the word “easement” includes any profit-à-prendre or other right in or over land; | ||
the word “interest”, in relation to land, includes— | ||
(a) an easement, | ||
(b) an annual sum, | ||
but does not include— | ||
(c) a tenancy from year to year held under the Land Commission or the Commissioners and expressed in the contract of tenancy to be for temporary convenience, or | ||
(d) a State annuity, or | ||
(e) a mortgage on land, or | ||
(f) a charge subsisting under a settlement affecting the land; | ||
the expression “the Judicial Commissioner” means the Judge of the High Court for the time being assigned to discharge the office of Judicial Commissioner under the Land Law (Commission) Act, 1923 (No. 27 of 1923); | ||
the expression “the Land Commission” means the Irish Land Commission; | ||
the expression “the Lay Commissioners” means the Land Commissioners other than members of the Appeal Tribunal; | ||
the word “lease” includes a fee farm grant and any contract of tenancy; | ||
the word “mortgage” includes an equitable mortgage, a charge for securing any capital sum, and a judgment mortgage, but does not include a State annuity or a charge subsisting under a settlement, and the words “mortgagee” and “mortgagor” shall be construed accordingly and shall respectively include a person from time to time deriving title under the original mortgagee and a person from time to time deriving title under the original mortgagor; | ||
the word “owner”, in relation to land, means— | ||
(a) where the land is vested under the Land Purchase Acts in the Land Commission, but not in the tenant-purchaser or purchaser thereof, the person who is for the time being the tenant-purchaser or purchaser, as the case may be, of such land, and | ||
(b) in any other case, the owner of the lowest estate in the land constituting an estate saleable under the Land Purchase Acts; | ||
the expression “State annuity” means any sum being— | ||
(a) any land purchase annuity or any annual sum equivalent to a purchase annuity, within the meaning of the Land Purchase Acts, payable to the Land Commission, or | ||
(b) any land purchase annuity payable to the Commissioners, or | ||
(c) any rent charge, annuity or yearly or half-yearly payment payable to the Commissioners in respect of any local loan, within the meaning of the Local Loans Fund Act, 1935 (No. 16 of 1935); | ||
the expression “vesting date” means, in relation to any land which is the subject of a vesting order, the date specified in that order as the date on which the land is to vest in the Minister; | ||
the expression “vested land” means land which is the subject of a vesting order; | ||
the expression “vesting order” means an order made under section 26 of this Act. |