Land Act, 1931
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Provisions in relation to the distribution of purchase-money. |
34.—(1) Notwithstanding anything contained in the Land Purchase Acts, the following provisions shall have effect in relation to the distribution of purchase-money, that is to say:— | |
(a) the Court may after publication by advertisement or otherwise of such notice as the Court shall consider sufficient direct payment of a claim in respect of which the Court is of opinion that the title of the claimant, though imperfect, is nevertheless such as to make it improbable that any claim adverse to such first-mentioned claim could be sustained; | ||
(b) the Court shall be entitled to act on the evidence of title submitted by a claimant and it shall not be obligatory on the Court to inquire as to the existence or non-existence of any adverse estate, right, claim, or interest which is not disclosed by such evidence; | ||
(c) where a person, within the time (hereinafter referred to as the time for claiming compensation) allowed in that behalf by this section, proves to the satisfaction of the Court that he or a person from whom he derives title was entitled to participate in the distribution of purchase-money and that his or such person's right so to participate was not disclosed at the time of such distribution and that such non-disclosure was not caused or substantially contributed to by such first mentioned person or his solicitor or agent or by any person from or through whom he derives title or the solicitor or agent of any such person, such first-mentioned person shall be entitled to claim from and be paid by the Land Commission by way of compensation such sum as the Court shall fix having regard to all the circumstances of the case. | ||
(2) The time for claiming compensation under this section shall be whichever of the following times is applicable, that is to say:— | ||
(a) where the person claiming compensation was under the age of twenty-one years on the day on which the purchase-money was distributed, within six years after such person attains the age of twenty-one years; | ||
(b) where the compensation is claimed in respect of a mortgage, charge, or other incumbrance, within whichever of the following periods is the shorter, that is to say, six years from the day on which the last payment in respect of the principal of or the interest on such incumbrance was made before the making of the claim for compensation or thirty years from the day on which the purchase-money was distributed; | ||
(c) where the compensation is claimed in respect of a superior interest, within whichever of the following periods is the shorter, that is to say, six years from the day on which the last payment of rent, interest, or other income from such superior interest was made before the making of the claim for compensation or thirty years from the day on which the purchase-money was distributed; | ||
(d) in any case to which none of the foregoing paragraphs applies, within six years from whichever of the following days is the later, that is to say, the day on which the purchase-money was distributed or the day on which the person claiming compensation or some person from or through whom he derives title first knew or might with reasonable diligence have ascertained the existence of the right to such compensation. | ||
(3) In the foregoing sub-section of this section references to the day on which the purchase-money of an estate is distributed shall be construed as referring to the day on which that portion of the purchase-money of such estate in relation to the distribution of which compensation is claimed is distributed. | ||
(4) All compensation payable by the Land Commission under this section shall be paid out of moneys provided by the Oireachtas. | ||
(5) The amount of any compensation paid by the Land Commission under this section shall be repaid to the Land Commission by such person as shall be declared by the Court to have received for his own benefit, or to have retained under his control as a trustee, that portion of the purchase-money which would have been applied in discharging the claim in respect of which such compensation was paid if such claim had been disclosed at the time of the distribution of the purchase-money, and the amount so repayable by such person shall be recoverable from him by the Land Commission as a debt due to the State. | ||
(6) Any sum which might be paid to an agent under sub-section (8) of section 40 of the Land Act, 1923 , on his ceasing to act as such agent, may, in the event of the allocation of the purchase money occurring before he has ceased to act as such agent be paid or partly paid on such allocation and, if and in so far as such sum is not so paid, such sum may be retained by the Judicial Commissioner out of the purchase money and paid to such agent at such time or times as the Judical Commissioner shall direct. |