Land Act, 1939

Extension of section 39 of the Land Act, 1923.

45.—(1) Where, in the case of a holding purchased under the Land Purchase Acts by the tenant thereof, part only of the purchase price was advanced by the Land Commission or, in the case of a purchase under the Landlord and Tenant (Ireland) Act, 1870 , by the Commissioners of Public Works in Ireland and the residue of the purchase price was secured by a mortgage or charge given by the purchaser, and such holding was vested in the purchaser subject to such mortgage or charge, such mortgage or charge shall be, and be deemed always to have been, a charge to which section 39 of the Land Act, 1923 , applies, and accordingly application may be made under the said section 39 for the redemption and fixing of the redemption price of such mortgage or charge and the provisions of the said section 39 shall apply to such application and to the redemption price fixed in pursuance of such application.

(2) An application may be made after the passing of this Act under the said section 39 of the Land Act, 1923 , in respect of any such mortgage or charge as is mentioned in the foregoing sub-section of this section notwithstanding that an application under the said section 39 in respect of such mortgage or charge was made and refused before the passing of this Act.