Land Act, 1933
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Arrears and revision of payment in lieu of rent. |
15.—(1) The following provisions shall have effect in relation to proceedings by the Land Commission for the recovery of any payment in lieu of rent which accrued due on or before the first gale day in the year 1933, that is to say:— | |
(a) no such proceeding shall be begun after the passing of this Act; | ||
(b) any judgment or decree for the payment of any such payment in lieu of rent obtained in any such proceeding but not executed before the passing of this Act shall, immediately upon such passing, become and be void and unenforceable; | ||
(c) no such proceeding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the Land Commission after such passing unless a defence was filed or entered therein before such passing. | ||
(2) As soon as may be after the passing of this Act, the Land Commission shall ascertain the amount of the arrears of payment in lieu of rent which were due and owing on the 31st day of July, 1933, by each purchasing tenant liable to pay such payment in lieu of rent, and the amount of the costs and expenses (if any) incurred by the Land Commission before the passing of this Act in proceedings (if any) commenced before the 1st day of October, 1932, for the recovery of such arrears, and immediately upon such ascertainment— | ||
(a) where the amount so ascertained of such arrears does not exceed three times the yearly amount of such payment in lieu of rent, then, if and when the holding is vested in the Land Commission, such arrears together with the amount so ascertained of the said costs and expenses shall (if not otherwise paid before the passing of this Act) be payable by means of a funding annuity and not otherwise; and | ||
(b) in every other case, if and when the holding is vested in the Land Commission, the amount so ascertained of the said costs and expenses together with so much of such arrears as is equal to three times the yearly; amount of such payment in lieu of rent shall (if not otherwise paid before the passing of this Act) be payable by means of a funding annuity and not otherwise and the residue of such arrears shall not be payable. | ||
(3) The amount payable by any purchasing tenant in respect of any gale of payment in lieu of rent accruing after the first gale day in the year 1933 shall be 50 per cent. and no more of the full amount of such gale without prejudice to the payments directed to be made by the Land Commission under sub-section (4) of section 20 of the Land Act, 1923 . | ||
(4) This section does not apply to arrears of payment in lieu of rent payable in respect of a holding which was vested in the purchaser before the 31st day of July, 1933. |