Labourers Act, 1936

Vesting in boards of health of fee simple reversion in certain lands held under lease.

7.—Where immediately before the appointed day any land (not being state land or land to which section 34 of the Land Act, 1927 (No. 19 of 1927), as amended by the immediately preceding section, applies) is held by a board of health for the purposes of the Principal Acts on lease, the following provisions shall have effect, that is to say:—

(a) the interest (in this section referred to as the lessor's interest) of the lessor under such lease and any other interest in such land superior to the lessor's interest shall, on the appointed day and without any conveyance or assignment, become and be vested in such board of health, to the intent that such land shall on the appointed day become and be vested absolutely in such board of health in fee simple, free from incumbrances, but subject to any tenancies therein of persons occupying such land as tenants to such board of health;

(b) the board of health shall pay to the person, who was immediately before the appointed day entitled to the lessor's interest and also to any person who immediately before the appointed day was entitled to any interest in such land superior to the lessor's interest, compensation in respect of the vesting of such interests under this section in like manner as if such interests were land which had been acquired for the purposes of the Principal Acts by such board of health by means of a compulsory purchase order made under section 20 of the Housing (Financial and Miscellaneous Provisions) Act, 1932 (No. 19 of 1932), and coming into operation on the appointed day, and the provisions of every enactment relating to land so acquired (including provisions relating to moneys lodged in Court) shall apply accordingly;

(c) such board of health shall be liable to pay to the person entitled to the lessor's interest immediately before the appointed day any rent accrued due under such lease before the appointed day;

(d) such board of health shall on every day (being a day which falls on or after the appointed day and before the date of assessment of compensation and which would have been a gale day under such lease but for the vesting of the lessor's interest in such board of health) pay to the person who was entitled to the lessor's interest immediately before the appointed day a sum equal to the rent which would have been payable on such day but for such vesting, and in calculating the amount of compensation in respect of the lessor's interest regard shall be had to any payments made under this paragraph;

(e) such board of health shall as soon as may be after the appointed day send to the registering authority under the Act of 1891 the said lease and a map showing the situation of such land, and on receipt thereof the title of such board of health to the ownership of such land in fee simple shall be registered under the Act of 1891.