Land Act, 1927

Turbary rights.

40.—(1) The vesting of a holding in a tenant pursuant to a subsequent purchase agreement under the Land Act, 1923 , shall not have the effect of transferring to the tenant any turbary rights to the enjoyment of which he was not entitled prior to such vesting, and all turbary rights which were vested in the landlord prior to the appointed day shall remain vested in the Land Commission.

(2) Where any such turbary rights so reserved to the Land Commission are subsequently let or sold by them, the Land Commission other than the Judicial Commissioner or the Judicial Commissioner on appeal from the Land Commission shall award such compensation in Land Bonds or otherwise, as in their discretion may appear to them reasonable and just, to the person who would have been entitled to such turbary rights if the holding had not become vested in the Land Commission.

(3) Regulations made by the Minister for Finance may provide for the issue to the Land Commission, in cases where they have sold such turbary rights in consideration of an annuity or annuities, of Land Bonds to such extent as may be required for the purposes of making any payments in pursuance of the foregoing sub-section.

(4) Regulations made by the Land Commission with respect to turbary remaining vested in them under this section may, if they think fit, provide for the payment by the persons authorised by them to cut turf on a holding under such regulations to the purchaser of the holding of such sums by way of turbary rents as the Land Commission may deem reasonable.