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Powers of Land Commission in cases of sales. 21 & 22 Vict. c. 72.
45 & 46 Vict. c. 38.
21 & 22 Vict. c. 72.
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10. [1]
In every case in which a holding is sold by the Land Commission to a tenant or other person; also in every case in which a holding is sold by a landlord to a tenant, and it is agreed that such sale shall be carried into effect by a vesting order of the Land Commission, the Land Commission shall have the jurisdiction and powers which are vested in the Land Judges of the Chancery Division of the High Court by the following sections of the Landed Estates Court Act, and those sections shall be incorporated with this Act, as if the Land Commission were therein referred to, and as if the purposes of those sections included the purposes of this Act, that is to say:—
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Section thirty-seven, relating to the jurisdiction and powers of the Court, so far as may be necessary for enabling the Land Commission to discharge any of the duties imposed on them by this Act.
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Sections sixty-four and sixty-five, relating to the application, retention, and investment of purchase money.
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Section sixty-six, relating to the appointment of trustees.
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Sections sixty-eight and sixty-nine, relating to Crown rent, and quitrent, and incumbrances and charges.
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Section seventy, relating to the payment of purchase money into Court in certain cases. Money may be paid into Court under that section, in all cases in which the Land Commission think it expedient, and when paid in, may be invested or applied as if it were capital money arising under the Settled Land Act, 1882, and were paid into Court under that Act; or, if the Land Judges so order, as if it were money paid into Court under the said section of the Landed Estates Court Act.
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Section seventy-two, relating to apportionment of rent, and in that section the term “rent” shall include a fee-farm rent.
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Section seventy-three, relating to persons under disability.
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Section seventy-six, relating to the abatement of proceedings.
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[1 The powers of apportionment and redemption given to the Land Commission by this section extend to superior interests, and are to be exercised in such manner as shall appear equitable, and are not to be limited to an apportionment between the land sold and the residue of the land subject to the superior interest, 59 & 60 Vict. c. 47. s. 31 (3).] |
