Land Act, 1923

Ascertainment of lands to be vested in Land Commission.

40.—(1) It shall be the duty of every person who is entitled to the rents and profits of any land to which this Act applies or who pays any rent in respect of such lands or who receives or pays such rents and profits, or rent on behalf of any other person, to furnish in writing to the Land Commission upon application in that behalf made to him by the Land Commission such particulars with respect to the land in such form and verified in such manner within such time as the Land Commission may by a general or special notice require and prescribe.

(2) The Land Commission shall from time to time publish provisional lists of the lands which will, if not excluded in consequence of a valid objection, become vested in the Land Commission on the appointed day, together with notice of the manner in which and the time within which the objections may be made to the list by reason of the inclusion or non-inclusion therein of any land.

(3) The Land Commission (other than the Judicial Commissioner) shall consider all objections duly made, and there shall be a right of appeal to the Judicial Commissioner whose decision shall be final save where in this Act otherwise provided.

(4) The Land Commission shall publish a final list of lands with respect to which no objection has been lodged, and from time to time as and when objections to other lands have been finally settled a final list of those lands, and a final list when so published, whether after or before the appointed day, shall be conclusive evidence that the lands comprised therein became or will become vested by virtue of this Act on the appointed day.

(5) If any person wilfully neglects or refuses to give any information which he is required to furnish under this section within the prescribed time, or knowingly furnishes any information which is false in any particular, he shall on summary conviction be liable to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for a term not exceeding three months.

(6) Any Inspector or other person appointed by the Land Commission may after notice sent by post to the person who appears to be owner or occupier of any land, enter upon the land and make all such enquiries as may be necessary to enable the Land Commission to ascertain the extent and character thereof, and such other particulars in relation thereto as they may require for the purposes of this Act.

(7) Where duties under this section are performed on behalf of the owner of any land by any land agent, solicitor, or land clerk nominated with the approval of the Land Commission, he may be paid such remuneration as may be directed by the Land Commission with the assent of the Minister for Finance, and such remuneration shall be paid as part of the expenses of the Land Commission.

(8) Where in the case of the sale of any land an agent has been employed in the management of the estate comprising the land sold, such sum as may be sanctioned by the Land Commission may with the consent of the owner of the land be paid to the agent in Land Bonds out of the purchase money on his ceasing to act as such agent.

(9) Any notice or list required to be published under this section shall be published in the Iris Oifigiúil and in such manner as the Land Commission consider best adapted for securing publicity.