Land Act, 1923

Advances for purchase of parcels of land.

31.—(1) Advances may be made to the following persons or bodies for the purchase by them from the Land Commission of parcels of land:—

(a) A person being the tenant or proprietor of a holding which in the opinion of the Land Commission is not an economic holding.

(b) A person who has entered into an agreement with the Land Commission for the exchange of his holding.

(c) A person who within 25 years before the passing of the Irish Land Act, 1903 , was the tenant of a holding to which the Land Purchase Acts apply, and who was evicted from that holding in consequence of proceedings taken by or on behalf of his landlord, or in case such person is dead, a person nominated by the Land Commission as his personal representative.

(d) A person being a labourer who by reason of the sale of any lands under the provisions of the Land Purchase Acts has been deprived of his employment on the said lands.

(e) Trustees for the purposes mentioned in section 4 of the Irish Land Act, 1903 , as extended by this Act.

(f) Any other person or body to whom in the opinion of the Land Commission an advance ought to be made.

In selecting persons under this paragraph the Land Commission may have regard to the cases of persons who, or whose predecessors have been evicted from their holdings in consequence of proceedings taken by or on behalf of the landlord, and who are not included in paragraph (c) above.

(2) The Land Commission in deciding as to the suitability of applicants under this section shall be satisfied as to their competence to work the land, and their intention to do so and not to sell, let or assign it. The agreement between the applicant and the Land Commission for the purchase of a parcel of land shall in all cases provide that the parcel shall not be vested in the applicant unless the Land Commission are satisfied that it is being worked by him in accordance with proper methods of husbandry and that if the Land Commission are not so satisfied they may demand and recover possession of the parcel freed and discharged from any claim by the applicant.

(3) The Land Purchase Acts shall, subject to the provisions of this section, apply to the sale of a parcel of land in pursuance of this section in like manner as if the same was a holding and the purchaser was the tenant thereof at the time of his making the purchase, and the expression “holding” in those Acts shall include a parcel of land in respect of the purchase of which an advance has been made in pursuance of this section.

(4) Section 17 of the Irish Land Act, 1909 , shall cease to have effect save as regards the sale of any parcels of land in respect of which purchase agreements have been entered into before the passing of this Act, and, save as aforesaid, any reference in any enactment to that section shall be construed as a reference to this section.