Land Act, 1927

Order for possession of holdings which are liable to be sold by the Land Commission.

37.—(1) Where the Land Commission have at any time whether before or after the passing of this Act put up for sale by public auction a holding which they are entitled to cause to be sold and the holding has not been sold, the Judicial Commissioner may issue an order under this section directing the undersheriff to put the Land Commission into possession of the holding and the order shall when delivered to the under-sheriff be executed by him in like manner as a writ for delivery of possession. Upon the execution of the order by the under-sheriff the holding shall vest in the Land Commission without any conveyance or further order subject to the purchase annuity (if any) charged thereon and to any charge under the Public Works Acts, but discharged from all other claims or incumbrances of all persons whomsoever who are interested in the holding.

(2) In every such case where the holding has been put up for sale by reason of the non-payment of an annuity the Judicial Commissioner shall on making such order as aforesaid ascertain and determine the amount due to the Land Commission in respect of the holding, including their expenses in relation to the attempted sale thereof, and if within the time limited by such order the amount so found due together with the costs of and incidental to the obtaining of such order shall be paid to the Land Commission, the Judicial Commissioner shall direct that the order shall not be delivered to the under-sheriff for execution, and shall make such other order in the matter as the justice of the case may require.

(3) 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 .