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REDEMPTION OF RENT (IRELAND) ACT 1891
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CHAPTER LVII.
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An Act to provide for the Redemption of Rent by long Leaseholders and others.[3]
[5th August 1891.]
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Redemption of rent by long leaseholders when occupying tenants.
44 & 45 Vict. c. 49.
50 & 51 Vict. c. 33.
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1. Where a person in bonâ fide occupation of a holding to which Part One of the Land Law (Ireland) Act, 1881, applies is a lessee under a lease to which the provisions of section one or section three of the Land Law (Ireland) Act, 1887, do not apply by reason of the period of its expiration or by reason of its being renewable or perpetual, or is a grantee under a fee farm grant, and such person holds his land at a rent which the Land Commission considers, having regard to the renewal fines (if any) and all the circumstances of the case, holding, and district, to be a full agricultural rent, such occupier shall, subject as herein-after mentioned, be entitled to apply in the prescribed manner to redeem his rent, whereupon, if the lessor or grantor, as the case may be, signifies his consent within the prescribed time and in the prescribed manner, including consent (where such consent is by law required) to such sum being retained as guarantee deposit as the Land Commission may think necessary, then such redemption shall be effected by payment, subject to the rules of the Land Commission, of such capital sum as may be agreed upon, or as in case of difference may be determined by the Land Commission (regard being had to the adequacy of the security) in like manner as if it were a head rent redeemed under the provisions of section sixteen of the Land Law (Ireland) Act, 1887.
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Such consent by the lessor or grantor shall have the same effect as the lodgment of an agreement to purchase under the Land Purchase Acts, and, except as herein otherwise provided, all subsequent proceedings shall be carried on, and with the like consequences, as upon such an agreement.
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Provided that if the lessor or grantor, as the case may be, does not consent in manner prescribed by the Land Commission to such redemption, or causes, in the opinion of the Land Commission, unreasonable delay to the making of such redemption, the redemption shall not be made, but the lessee or grantee, as the case may be, shall be deemed to have made the prescribed application under section one of the said Act of 1887, and shall be held to be a tenant of a present tenancy in manner and subject to the conditions and right of resumption mentioned in section twenty-one of the said Act of 1881, as modified by section one of the said Act of 1887, and his holding shall be subject to the provisions of the said Acts with regard to present tenancies.
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Apportionment and redemption of annuities and charges.
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2.—(1) The Land Commission may carry into effect a redemption under this Act as if it were a redemption of a head rent under section sixteen of the Land Law (Ireland) Act, 1887, with the necessary modifications, and may make an advance under the Land Purchase Acts for such redemption money or any part thereof in like manner as if that money were the purchase money of a holding purchased by a tenant, and the provisions of the said Acts with respect to the advance and the repayment thereof shall apply with the necessary modifications.
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(2) When the Land Commission exercise the powers conferred on them by this Act then any rentcharge, rent, or other liabilities chargeable on or affecting the interest of the lessor or grantor, as the case may be, in such holding shall cease to be a charge upon the land and shall be transferred to the redemption money, and the powers conferred upon the Land Commission by section ten of the Purchase of Land (Ireland) Act, 1885, and by sections fourteen, fifteen, and sixteen of the Land Law (Ireland) Act, 1887, shall be exercisable by them with respect to such redemption.
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Definitions and construction.
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3. In this Act the expression “Land Purchase Acts” means the Land Law (Ireland) Act, 1881, Part V., the Purchase of Land (Ireland) Act, 1885, and the Purchase of Land (Ireland) Amendment Act, 1888, and any Act amending the same; the word “prescribed” means prescribed by rules made in pursuance of this Act; and the words “grantor,” lessor,” “grantee,” and “lessee” include the successors in title of such persons respectively; and this Act shall be read and construed with the Land Law (Ireland) Acts, 1881 and 1887, and the Land Purchase Acts.
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Short title.
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4. This Act may be cited as the Redemption of Rent (Ireland) Act, 1891.
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[3 Short title, “The Redemption of Rent (Ireland) Act, 1891.” See s. 4. This Act is amended by 59 & 60 Vict. c. 47. s. 14.] |
