Land Act, 1927

Amendment of section 65 (2) of the Land Act, 1923.

54.—Sub-section (2) of section 65 of the Land Act, 1923 , shall be amended to read as follows:—

(2) (a) In the case of any holding which is subject to any charges in respect of an annuity in favour of the Board of Works created in pursuance of the Landlord and Tenant (Ireland) Act, 1870 , so much of the 44th and 45th sections of the Act as prohibits, without the consent of the Board, the alienation, assignment, sub-division or sub-letting of a holding charged as in the said sections mentioned and declares that, in the event of such prohibition being contravened, the holding shall be forfeited to the Board, and also so much of section 2 of the Landlord and Tenant (Ireland) Act, 1872 , as relates to the sale of holdings in lieu of forfeiture, shall be repealed. During such time as any part of the annuity charged on such holding remains unpaid the proprietor shall not sub-divide or let the holding without the consent of the Commissioners of Public Works, and every attempted sub-division or letting in contravention of this provision shall be void as against all persons, and on any such contravention the Commissioners may, at their option, declare that the holding do vest in themselves, or they may cause it to be sold by public auction, due notice being given by them of the time, place, terms and conditions of such sale, and the Land Commission shall on the application of the Commissioners issue an order to the under-sheriff to put the purchaser into possession of the holding or any part thereof so sold, and such order shall when delivered to the under-sheriff be executed by him in like manner as a writ for delivery of possession. An order for possession issued under this section shall be deemed to be an execution order within the meaning of the Enforcement of Court Orders Act, 1926 .

(b) The proceeds derived from every such sale shall in the first instance be applied by the Commissioners in payment of any moneys due on foot of the annuity, and in redemption of so much of the said annuity as shall at the time of such sale remain charged on the holding and of all costs and expenses incurred by them in relation to such sale or otherwise in respect of the said holding and the balance shall be paid to the person entitled by law to receive the same.