Land Act, 1933

Arrears and revision of purchase annuities payable to the Commissioners of Public Works.

13.—(1) The following provisions shall have effect in relation to proceedings by the Commissioners of Public Works in Ireland for the recovery of any arrears of a purchase annuity to which this section applies which accrued due on or before the first gale day in the year 1933, that is to say:—

(a) no such proceedings shall be begun after the passing of this Act;

(b) any judgment or decree for the payment of any such arrears 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 proceceding which was begun before and is pending at the passing of this Act shall be further prosecuted or proceeded with by the said Commissioners after such passing unless a defence was filed or entered in such proceceding before such passing.

(2) As soon as may be after the passing of this Act, the Commissioners of Public Works in Ireland shall ascertain the amount of the arrears of every purchase annuity to which this section applies which were due and owing on the 31st day of July, 1933, and the amount of the costs and expenses (if any) incurred by the said Commissioners 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 purchase annuity, 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, 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 purchase annuity 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 the purchaser in respect of any instalment accruing after the first gale day in the year 1933 of any purchase annuity to which this section applies shall be 50 per cent. and no more of the full amount of such instalment.

(4) This section applies to purchase annuities payable in respect of holdings purchased under Parts II and III of the Landlord and Tenant (Ireland) Act, 1870.