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LAND LAW (IRELAND) ACT 1881

LAND LAW (IRELAND) ACT 1881 - LONG TITLE

An Act to further amend the Law relating to the Occupation and
Ownership of Land in Ireland, and for other purposes relating
thereto.{1}
[22nd August 1881]
PART I

LAND LAW (IRELAND) ACT 1881 - SECT 1

1. The tenant for the time being of every holding, not hereinafter
specially excepted from the provisions of this Act, may sell his
tenancy for the best price that can be got for the same, subject
to the following regulations and subject also to the provisions in
this Act contained with respect to the sale of a tenancy subject
to statutory conditions:

(1)Except with the consent of the landlord, the sale shall be made
to one person only:

(2)The tenant shall give the prescribed notice to the landlord of
his intention to sell his tenancy:

(3)On receiving such notice the landlord may purchase the tenancy
for such sum as may be agreed upon, or in the event of
disagreement may be ascertained by the court to be the true value
thereof:

(4)Where the tenant shall agree to sell his tenancy to some other
person than the landlord, he shall, upon informing the landlord of
the name of the purchaser, state in writing therewith the
consideration agreed to be given for the tenancy:

(5)If the tenant fails to give the landlord the notice or
information required by the foregoing sub-sections, the court may, if
it think fit and that the just interests of the landlord so
require, declare the sale to be void:

(6)Where the tenancy is sold to some other person than the
landlord, the landlord may within the prescribed period refuse on
reasonable grounds to accept the purchaser as tenant:

In case of dispute the reasonableness of the landlord's refusal
shall be decided by the court: Provided that the landlord's
objection shall be conclusive in the case of any tenancy in a
holding where the permanent improvements in respect of which, if
made by the tenant or his predecessors in title, the tenant would
have been entitled to compensation under the provisions of the
Landlord and Tenant (Ireland) Act, 1870, as amended by this Act,
have been made by the landlord or his predecessors in title, and
have been substantially maintained by the landlord and his
predecessors in title, and not by the tenant or his predecessors in
title:

(7)Where the tenancy is subject to any such conditions as are in
this Act declared to be statutory conditions, and the sale is made
in consequence of proceedings by the landlord for the purpose of
recovering possession of the holding by reason of the breach of any
of such conditions, the court shall grant to the landlord out of
the purchase moneys payment of any debt, including arrears of rent,
due to him by the tenant and compensation by way of damages for
any injury he may have sustained from the tenant by breach of any
of such conditions, except the condition relating to the payment of
rent:

(8)Where permanent improvements on a holding have been made by the
landlord or his predecessors in title solely or by him or them
jointly with the tenant or his predecessors in title, or have been
paid for by the landlord or his predecessors in title, and the
landlord, on the application of the tenant, consents that his
property in such improvements shall be sold along with the tenancy,
and the same is so sold accordingly, the purchase money shall be
apportioned by the court as between the landlord's property in such
improvements, and the tenancy, and the part of the purchase money
so found to represent the landlord's property in such improvements
(but subject to any set-off claimed by the tenant) shall be paid
to the landlord; and such improvements so sold shall be deemed to
have been made by the purchaser of the tenancy:

(9)Where a tenant sells his tenancy to any person other than the
landlord, the landlord may at any time within the prescribed period
give notice both to the outgoing tenant and to the purchaser of
any sums which he may claim from the outgoing tenant for arrears
of rent or other breaches of the contract or conditions of tenancy.
And

(a)If the outgoing tenant does not within the prescribed period give
notice to the purchaser that he disputes such claims or any of
them, the purchaser shall out of the purchase moneys pay the full
amount thereof to the landlord, and

(b)If the outgoing tenant disputes such claims or any of them, the
purchaser shall out of the purchase moneys pay to the landlord so
much (if any) of such claims as the outgoing tenant admits, and
pay the residue of the amount claimed by the landlord into court
in the prescribed manner.

Until the purchaser has satisfied the requirements of this
sub-section, it shall not be obligatory on the landlord to accept
the purchaser as his tenant:

<(10)Where any purchase money has been paid into court it shall be lawful for the landlord and also for the outgoing tenant and for the purchaser respectively to make applications to the court in respect of such purchase money; and the court shall hear and determine such applications and make such order or orders thereupon as to the court may seem just:

<(11)A tenant who has sold his tenancy on any occasion of quitting his holding shall not be entitled on the same occasion to receive compensation for either disturbance or improvements; and a tenant who has received compensation for either disturbance or improvements on any occasion of quitting his holding shall not be entitled on the same occasion to sell his tenancy:

<(12)The tenant of a holding subject to the Ulster tenant-right custom or to a usage corresponding to the Ulster tenant-right custom may sell his tenancy either in pursuance of that custom or usage, or in pursuance of this section, but he shall not be entitled to sell partly under the custom or usage and partly under the provisions of this section:

<(13)If the tenant of a tenancy subject to the Ulster tenant-right custom or to a usage corresponding to the Ulster tenant-right custom sells his tenancy in pursuance of this section, the tenancy, unless purchased by the landlord, shall continue to be subject to such custom or usage:

<(14)Where a sale of a tenancy is made under a judgment or other process of law against the tenant or for the payment of the debts of the deceased tenant, the sale shall be made in the prescribed manner, subject to the conditions of this section, so far as the same are applicable:

<(15)Any sum payable to the landlord out of the purchase moneys of the tenancy under this section shall be a first charge upon the purchase moneys:

<(16)A landlord, on receiving notice of an intended sale of the tenancy, may, if he is not desirous of purchasing the tenancy otherwise than as a means of securing the payment of any sums due to him for arrears of rent or other breaches of the contract or conditions of tenancy, give notice within the prescribed time of the sum claimed by him in respect of such arrears and breaches, such sum failing agreement between the landlord and tenant to be determined by the court, and should the tenant determine to proceed with the sale, may claim to purchase the tenancy for such sum if no purchaser is found to give the same or a greater sum; and the landlord, if no purchaser be found within the prescribed time to give the same or a greater sum, shall be adjudged the purchaser of the tenancy at that sum.

LAND LAW (IRELAND) ACT 1881 - SECT 2
Prohibition of subdividing and sub-letting.

2. The tenant from year to year of a tenancy to which this Act
applies shall not, without the consent of the landlord in writing,
subdivide his holding or sublet the same or any part thereof.

Agistment or the letting of land for the purpose of temporary
depasturage, or the letting in conacre of land for the purpose of
its being solely used and which shall be solely used for the
growing of potatoes or other green crops, the land being properly
manured, shall not be deemed a sub-letting for the purposes of this
Act.

LAND LAW (IRELAND) ACT 1881 - SECT 3
Devolution of tenancies.

3. Where the tenant of a tenancy to which this Act applies has
bequeathed his tenancy to one person only, and the personal
representatives of the tenant have assented to the bequest, such
person shall have the same claim to be accepted as tenant by the
landlord as if the tenancy had been sold to him by the testator.

Where the tenant of any such tenancy has bequeathed his tenancy to
more than one person or dies intestate, then, if his personal
representatives serve notice on the landlord nominating some one of
the legatees or persons entitled under the Statutes of Distribution
to his personal estate, to succeed to the tenancy, such person
shall have the same claim to be accepted by the landlord as if
the tenancy had been sold to him by the testator or intestate, and
in default of such notice the personal representative shall, if the
landlord requires a sale to be made, within twelve months after the
death of the tenant sell the tenancy, and in case of their default
the landlord may sell the same under the direction of the court.

Where the tenant of a tenancy dies intestate and without leaving
any person entitled to his personal estate, or any part thereof,
such tenancy shall pass to the landlord, subject, however, to the
debts and liabilities of the deceased tenant.

LAND LAW (IRELAND) ACT 1881 - SECT 4
Increase of rent to attract statutory conditions or enhance price on
sale.

4. Where the landlord demands an increase of rent from the tenant
of a present tenancy (except where he is authorised by the court
to increase the same as hereafter in this Act mentioned) or demands
an increase of rent from the tenant of a future tenancy beyond the
amount fixed at the beginning of such tenancy, then,

(1)Where the tenant accepts such increase, until the expiration of a
term of fifteen years from the time when such increase was made
(in this Act referred to as a statutory term) such tenancy shall
(if it so long continues to subsist) be deemed to be a tenancy
subject to statutory conditions, with such incidents during the
continuance of the said term as are in this Act in that behalf
mentioned:

(2)Where the tenant of any future tenancy does not accept such
increase and sells his tenancy, the same shall be sold subject to
the increased rent, and in addition to the price paid for the
tenancy he shall be entitled to receive from his landlord the
amount (if any) by which the court may, on the application of the
landlord or tenant, decide the selling value of his tenancy to have
been depreciated below the amount which would have been such selling
value if the rent had been a fair rent, together with such further
sum (if any) as the court may award in respect of his costs and
expenses in effecting such sale:

(3)Where the tenant does not accept such increase and is compelled
to quit the tenancy by or in pursuance of a notice to quit, but
does not sell the tenancy, he shall be entitled to claim
compensation as in the case of disturbance by the landlord:

Subs.(4) rep. by SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 5
Incidents of tenancy subject to statutory conditions.

5. A tenant shall not, during the continuance of a statutory term
in his tenancy, be compelled to pay a higher rent than the rent
payable at the commencement of such term, and shall not be
compelled to quit the holding of which he is tenant except in
consequence of the breach of some one or more of the conditions
following (in this Act referred to as statutory conditions); that is
to say,

(1)The tenant shall pay his rent at the appointed time:

(2)The tenant shall not, to the prejudice of the interest of the
landlord in the holding, commit persistent waste by the dilapidation
of buildings or, after notice has been given by the landlord to
the tenant not to commit or to desist from the particular waste
specified in such notice, by the deterioration of the soil:

(3)The tenant shall not, without the consent of his landlord in
writing, subdivide his holding or sublet the same or any part
thereof, or erect or suffer to be erected thereon, save as in this
Act provided, any dwelling-house otherwise than in substitution for
those already upon the holding at the time of the passing of this
Act:

Agistment or the letting of land for the purpose of temporary
depasturage, or the letting in conacre of land for the purpose of
its being solely used and which shall be solely used for the
growing of potatoes or other green crops, the land being properly
manured, shall not be deemed a sub-letting for the purposes of this
Act.

(4)The tenant shall not do any act whereby his tenancy becomes
vested in an assignee in bankruptcy:

(5)The landlord, or any person or persons authorised by him in that
behalf (he or they making reasonable amends and satisfaction for any
damage to be done or occasioned thereby), shall have the right to
enter upon the holding for any of the purposes following (that is
to say):Quarrying or taking stone, marble, gravel, sand, brick clay,
fire clay, or slate;Opening or making roads, fences, drains, and
water courses;Viewing or examining at reasonable times the state of
the holding and all buildings or improvements thereon;During the
continuance of a statutory term, all mines and minerals, coals and
coal pits, subject to such rights in respect thereof as the tenant,
under the contract of tenancy subsisting immediately before the
commencement of the statutory term, was lawfully entitled to
exercise, shall be deemed to be exclusively reserved to the
landlord;

(6)The tenant shall not on his holding, without the consent of his
landlord, open any house for the sale of intoxicating liquors.

Nothing contained in this section shall prejudice or affect any
ejectment for nonpayment of rent instituted by a landlord whether
before or after the commencement of a statutory term, in respect of
rent accrued due for a holding before the commencement of such
term.

During the continuance of a statutory term in a tenancy, save as
herein-after provided, the court may, on the application of the
landlord, and upon being satisfied that he is desirous of resuming
the holding or part thereof for some reasonable and sufficient
purpose having relation to the good of the holding or of the
estate, including the use of the ground as building ground, or for
the benefit of the labourers in respect of cottages, gardens, or
allotments, or for the purpose of making grants or leases of sites
for churches or other places of religious worship, schools,
dispensaries, or clergymen's or schoolmasters' residences, authorise
the resumption thereof by the landlord upon such conditions as the
court may think fit, and require the tenant to sell his tenancy in
the whole or such part to the landlord upon such terms as may be
approved by the court, including full compensation to the tenant.

Provided that the rent of any holding subject to statutory
conditions may be increased in respect of capital laid out by the
landlord under agreement with the tenant to such an amount as may
be agreed upon between the landlord and tenant.

Compensation for disturbance.

LAND LAW (IRELAND) ACT 1881 - SECT 6
Hunting, shooting, fishing, or taking game or fish, and if the
landlord at the commencement of the statutory term so requires, then
as between the landlord and tenant the right of shooting and taking
game, and of fishing and taking fish shall belong exclusively to
the landlord, subject to the provisions of the Ground Game Act,
1880|, and the provisions of the Game Trespass Act, 1864|, shall
extend where such right of shooting and taking game belongs
exclusively to the landlord as though such exclusive right were
reserved by the landlord to himself by deed. The word ""game'' for
the purposes of this subsection means hares, rabbits, pheasants,
partridges, quails, landrails, grouse, woodcock, snipe, wild duck,
widgeon, and teal;

6. ... The compensation payable under the said section three in the
case of a tenant disturbed in his holding by the act of a
landlord after the passing of this Act shall be as follows in the
case of holdings

Where the rent is thirty pounds or under, a sum not exceeding
seven years' rent:

Where the rent is above thirty pounds and not exceeding fifty
pounds, a sum not exceeding five years' rent:

Where the rent is above fifty pounds and not exceeding one hundred
pounds, a sum not exceeding four years' rent:

Where the rent is above one hundred pounds and not exceeding three
hundred pounds, a sum not exceeding three years' rent:

Where the rent is above three hundred pounds and not exceeding five
hundred pounds, a sum not exceeding two years' rent:

Where the rent is above five hundred pounds, a sum not exceeding
one year's rent.

Any tenant in a higher class of the scale may, at his option,
claim compensation under a lower class, provided such compensation
shall not exceed the sum to which he would be entitled under such
lower class on the assumption that the rent of his holding was
reduced to the sum (or where two sums are mentioned, the higher
sum) stated in such lower class.

...

Amendment of 1870 c.46 as to compensation for improvements.

LAND LAW (IRELAND) ACT 1881 - SECT 7

7. A tenant on quitting the holding of which he is tenant shall
not be deprived of his right to receive compensation for
improvements under the Landlord and Tenant (Ireland) Act, 1870, by
reason only of the determination by surrender or otherwise of the
tenancy subsisting at the time when such improvements were made by
such tenant or his predecessors in title, and the acceptance by him
or them of a new tenancy.

Where in tracing a title for the purpose of obtaining compensation
for improvements, it appears that an outgoing tenant has surrendered
his tenancy in order that some other person may be accepted by the
landlord as tenant in his place, and such other person is so
accepted as tenant, the outgoing tenant shall not be precluded from
being deemed the predecessor in title of the incoming tenant by
reason only of such surrender of tenancy by him.

The court, in adjudicating on a claim for compensation for
improvements made before any such change of tenancy or of tenants,
shall take into consideration all the circumstances under which such
change took place, and shall admit, reduce, or disallow altogether
such claim as to the court may seem just.

A flax scutching mill otherwise suitable to the holding on which it
is erected shall not be deemed to be unsuitable to the holding on
which it is erected by reason only that it is available for
purposes beyond those of the holding on which it is situate.

S.8 rep. by 1896 c.47 s.52 sch.2; SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 9
Equities to be administered by court between landlord and tenant.

9. Where the court, on the hearing of an application of either
landlord or tenant respecting any matter under this Act, is of
opinion that the conduct of either landlord or tenant has been
unreasonable, or that the one has unreasonably refused any proposal
made by the other, the court may do as follows:

It may refuse to accede to the application, or may accede to the
same, subject to conditions to be performed by either landlord or
tenant, or may impose on either party to the application the
payment of the costs or the greater part of the costs of any
proceedings, and generally may make such order in the matter as the
court thinks most consistent with justice.

Lease approved by court during its continuance to exclude provisions
of the Act.

LAND LAW (IRELAND) ACT 1881 - SECT 10

10. The landlord and tenant of any ordinary tenancy and the
landlord and proposed tenant of any holding to which this Act
applies which is not subject to a subsisting tenancy, may agree,
the one to grant and the other to accept a lease for a term of
thirty-one years or upwards (in this Act referred to as a judicial
lease), on such conditions and containing such provisions as the
parties to such lease may mutually agree upon, and such lease, if
sanctioned by the court, after considering the interest of the
tenant, and where such lease is made by a limited owner, the
interest of all persons entitled to any estate or interest in the
holding subsequent to the estate or interest of such limited owner,
shall be deemed to be substituted for the former tenancy, if any,
in the holding; and the tenancy shall during the continuance of
such lease be regulated by the provisions of that lease alone, and
shall not be deemed to be a tenancy to which this Act applies.

At the expiration of a judicial lease made to the tenant of a
present tenancy and for a term not exceeding sixty years the lessee
shall be deemed to be the tenant of a present ordinary tenancy
from year to year at the rent and subject to the conditions of
the lease, so far as such conditions are applicable to such
tenancy.

Present ordinary tenancy converted into fixed tenancy.

LAND LAW (IRELAND) ACT 1881 - SECT 11

11. The landlord and tenant of any tenancy may agree that such
tenancy shall become a fixed tenancy within the meaning of this
Act, and such fixed tenancy upon being established shall be
substituted for the tenancy previously existing in the holding, and
shall not be deemed to be a tenancy to which this Act applies.

LAND LAW (IRELAND) ACT 1881 - SECT 12
Conditions of fixed tenancy.

12. A fixed tenancy shall be a tenancy held upon such conditions
as may be agreed upon between the landlord and tenant establishing
such tenancy, and in the case of a landlord who is a limited
owner the court shall approve after considering the interest of all
persons entitled to any estate or interest in the holding subsequent
to the estate or interest of such limited owner, subject to the
following restrictions; that is to say,

(1)The tenant shall pay a fee-farm rent which may or may not be
subject to re-valuation by the court at such intervals of not less
than fifteen years as may be agreed upon between the landlord and
tenant, the rent on any such re-valuation being such as the court,
after hearing the parties, and having regard to the interests of
the landlord and tenant respectively, and considering all the
circumstances of the case, holding, and district, shall determine to
be fair; and

(2)The tenant shall not be compelled to quit his holding except on
breach of some one or more of the conditions in this Act declared
to be statutory conditions.

Regulations as to sales and application to court to fix rent.

LAND LAW (IRELAND) ACT 1881 - SECT 13

13.(1) Where proceedings are or have been taken by the landlord to
compel a tenant to quit his holding, the tenant may sell his
tenancy at any time before but not after the expiration of six
months from the execution of a writ or decree for possession in an
ejectment for nonpayment of rent and at any time before but not
after the execution of such writ or decree in any ejectment other
than for nonpayment of rent; and any such tenancy so sold shall be
and be deemed to be a subsisting tenancy notwithstanding such
proceedings, without prejudice to the landlord's rights, in the event
of the said tenancy not being redeemed within the said period of
six months; and, if any judgment or decree in ejectment has been
obtained before the passing of this Act, such tenant may within the
same periods respectively apply to the court to fix the judicial
rent of the holding, but subject to the provisions herein contained
such application shall not invalidate or prejudice any such judgment
or decree, which shall remain in full force and effect.

(2) Where the sale of any tenancy is delayed by reason of any
application being made to the court or for any other reasonable
cause, the court may, on the application of the tenant, and on
such terms and conditions as the court may direct, enlarge the time
during which the tenant may exercise his power of sale, or in case
of ejectment for nonpayment of rent redeem the tenancy.

(3) ...

Provided, that proceedings shall not be taken by a landlord to
compel a tenant to quit his holding for breach of any statutory
condition, save as follows:

(a)Where the condition broken is a condition relating to payment of
rent, then by ejectment subject to the provisions of the statutes
relating to ejectment for nonpayment of rent; and

(b)Where the condition broken is any other statutory condition, then
by ejectment founded on notice to quit.

(4) Where a notice to quit is served by a landlord upon a tenant
for the purpose of compelling the tenant to quit his holding during
the continuance of a statutory term in his tenancy in consequence
of the breach by the tenant of any statutory condition other than
the condition relating to payment of rent, the tenant may, at any
time before the commencement of an ejectment founded on such notice
to quit, apply to the land commission, and after the commencement,
or at the hearing of any such ejectment, may apply to the court
in which the ejectment is brought, for an order restraining the
landlord from taking further proceedings to enforce such notice to
quit.

If the land commission or court to which such application is made
are of opinion that adequate satisfaction for the breach of such
condition can be made by the payment of damages to the landlord,
and that the tenant may justly be relieved from the liability to
be compelled to quit his holding in consequence of such breach, the
commission or court may make an order restraining further proceedings
on the notice to quit, upon the payment by the tenant of such sum
for damages, as they shall then, or after due inquiry, award to
the landlord in satisfaction for the breach of the statutory
condition, together with the costs incurred by the landlord in
respect to the notice to quit and the proceedings subsequent
thereto.

If the land comission or court are of opinion that no appreciable
damage has accrued to the landlord from the breach of such
condition, and that the tenant may justly be relieved as aforesaid,
they may make an order restraining further proceedings on the notice
to quit, upon such terms as to costs as they may think just.

(5) The service of a notice to quit, to enforce which no
proceedings are taken by the landlord, or the proceedings to enforce
which are restrained by the court, shall not operate to determine
the tenancy.

(6) A tenant compelled to quit his holding during the continuance
of a statutory term in his tenancy, in consequence of the breach
by the tenant of any statutory condition, shall not be entitled to
compensation for disturbance.

LAND LAW (IRELAND) ACT 1881 - SECT 14
Limited administration for purposes of sale.

14. The court on being satisfied that the tenant of any holding
within the jurisdiction of the court has died, and that the tenancy
of such tenant ought to be sold under this Act, and that there is
no legal personal representative of such tenant, or no legal
personal representative whose services are available for the purpose
of selling the tenancy, may, on such terms and conditions, if any,
as they may think fit, appoint any proper person to be
administrator of the deceased tenant, limited to the purposes of
such sale, and such limited administrator shall, for the purpose of
selling the tenancy, represent the deceased tenant in the same
manner as if the tenant had died intestate, and administration had
been duly granted to such limited administrator of all [the estate]
of the deceased tenant.

Such limited administrator shall pay to the landlord, out of the
purchase money, any sums due to the landlord by the deceased tenant
in respect of his tenancy, and may pay the residue of the purchase
money to a general administrator (if any) or into court.

LAND LAW (IRELAND) ACT 1881 - SECT 15
Provision for determination of estate of immediate landlord.

15. If in the case of any holding the estate of the immediate
landlord for the time being is determined during the continuance of
any tenancy from year to year, whether subject or not subject to
statutory conditions, the next superior landlord for the time being
shall, for the purposes of this Act, during the continuance of such
tenancy stand in the relation of immediate landlord to the tenant
of the tenancy, and have the rights and be subject to the
obligations of an immediate landlord.

LAND LAW (IRELAND) ACT 1881 - SECT 16
Provision as to certain small tenancies.

16. A tenancy for a year certain created after the passing of this
Act, shall, for the purposes of this Act and of the Landlord and
Tenant (Ireland) Act, 1870, be deemed to be a tenancy from year to
year.

A tenant holding under a tenancy less than a yearly tenancy created
after the passing of this Act shall have the same rights under
this Act as a yearly tenant, except where land is let merely for
temporary convenience or to meet a temporary necessity.

LAND LAW (IRELAND) ACT 1881 - SECT 17
Provision as to certain claims of pasturage and turbary.

17. Where the tenant of a holding by virtue of his tenancy
exercises, in common with other persons, over uninclosed land a
right of pasturing or turning out cattle or other animals, or
exercises a right of cutting and taking turf in common with other
persons (which other persons, together with the tenant, are in this
section referred to as commoners), then if such holding becomes
subject to a statutory term the court may, during the continuance
of such term, on the application of the landlord, or of any
commoner, by order restrain the tenant from exercising his right of
pasture or cutting or taking turf in any manner other than that in
which it may be proved to the court that he is, under the
circumstances and according to the ordinary usage which has prevailed
with the express or implied consent of the landlord amongst the
commoners, reasonably entitled to exercise the same.

LAND LAW (IRELAND) ACT 1881 - SECT 18
Letting for labourers cottages not to be within the restrictions of
Act.

18. Any person prohibited under this Act from letting or sub-letting
a holding may, after service of the prescribed notice upon the
landlord, with the sanction of the court, and with power for the
court to prescribe such terms as to rent and otherwise as the
court thinks just, let any portion of land in a situation to be
approved by the landlord, or failing such approval to be determined
by the court, with or without dwelling-houses thereon to or for the
use of labourers bona8 fide employed and required for the
cultivation of the holding, and such letting shall not be deemed to
be a sub-letting within the meaning of this Act, or to be a
letting prohibited by this Act; and notwithstanding such sub-letting
the tenant shall for the purposes of this Act be deemed to be
still in occupation of the holding.

Provided that the land comprised in each letting shall not exceed
half an acre in extent, and that where the holding contains not
more than twenty-five acres of tillage land, the number of such
lettings shall not exceed one, and that where the holding contains
more than twenty-five acres of tillage land, but not more than
fifty acres of such land, the number of such lettings shall not
exceed two; and so in proportion to the acreage of tillage land in
the holding after fifty acres.

S.19 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 20
Rules as to determination of tenancy.

20. A tenancy to which this Act applies shall be deemed to have
determined whenever the landlord has resumed possession of the
holding either on the occasion of a purchase by him of the
tenancy, or of default of the tenant in selling, or by operation
of law, or reverter, or otherwise. Provided that:

(1)The surrender to the landlord of a tenancy for the purpose of
the acceptance or admission of a tenant or otherwise by way of
transfer to a tenant shall not be deemed to be a determination of
the tenancy:

(2)Where the landlord has resumed possession of a tenancy from a
present tenant, he may, if he thinks fit so to do, reinstate such
tenant in his holding as a present tenant; and thereupon such
tenancy shall again become subject to all the provisions of this
Act which are applicable to present tenancies;

Provided always, that the landlord and tenant may at the time of
such reinstatement agree on the rent to be paid by such tenant,
and in such case such agreement shall have the same effect as if
the rent so agreed on were a judicial rent fixed by the court
under the provisions of this Act;

(3)Where a present tenancy in a holding is purchased by the
landlord from the tenant in exercise of his right of pre-emption
under this Act, and not on the application or by the wish of the
tenant, or as a bidder in the open market, then if the landlord
within fifteen years from the passing of this Act re-lets the same
holding to another tenant, the same shall be subject from and after
the time when it has been so re-let, to all the provisions of
this Act which are applicable to present tenancies;

(4)A tenant holding under the Ulster tenant-right custom, or a usage
corresponding to the Ulster tenant-right custom, shall be entitled to
the benefit of such custom, notwithstanding any determination of his
tenancy by breach of a statutory condition or of an act or default
of the same character as the breach of a statutory condition.

Whenever a present tenancy is sold in consequence of a breach by
the tenant, after the passing of this Act, of a statutory
condition, or, in the case of a tenancy not subject to statutory
conditions, of an act or default on the part of a tenant, after
the passing of this Act, which would, in a tenancy subject to such
conditions, have constituted a breach thereof, the purchaser or his
successors in title in such tenancy shall not at any time
thereafter be entitled to apply to the court under this Act to fix
a judicial rent for the holding; but this provision shall not
prejudice or affect the right of such purchaser or his successors
to hold at such judicial rent during the residue of such statutory
term, if any, as the holding may then be subject to, under the
provisions of this Act.

LAND LAW (IRELAND) ACT 1881 - SECT 21
Provisions as to existing leases.

21. Any leases or other contracts of tenancies existing at the date
of the passing of this Act, except yearly tenancies and tenancies
less than yearly tenancies, which said existing leases and contracts
of tenancies (except as aforesaid) are in this section referred to
as existing leases, shall remain in force to the same extent as if
this Act had not passed, and holdings subject to such existing
leases shall be regulated by the lawful provisions contained in the
said leases, and not by the provisions relating to tenancies in
that behalf contained in this Act: Provided that at the expiration
of such existing leases, or of such of them as shall expire within
sixty years after the passing of this Act, the lessees, if bona8
fide in occupation of their holdings, shall be deemed to be tenants
of present ordinary tenancies from year to year, at the rents and
subject to the conditions of their leases respectively, so far as
such conditions are applicable to tenancies from year to year; but
this provision shall not apply where a reversionary lease of the
holding has been bona8 fide made before the passing of this Act;
and provided also that where it shall appear to the satisfaction of
the court that the landlord desires to resume the holding for the
bona8 fide purpose of occupying the same as a residence for
himself, or as a home farm in connexion with his residence, or for
the purpose of providing a residence for some member of his family,
the court may authorise him to resume the same accordingly, in the
manner and on the terms provided by the fifth section of this Act
with respect to the resumption of a holding by a landlord: Provided
always, that if the holding so resumed shall be at any time within
fifteen years after such resumption re-let to a tenant, the same
shall be subject, from and after the time of its being so re-let,
to all the provisions of this Act which are applicable to present
tenancies.

On the termination of any such existing lease in any holding which
if it had been held from year to year would have been subject to
the Ulster tenant-right custom, or any usage corresponding therewith,
the person who would have been entitled to make a claim under the
first ... section of the Landlord and Tenant (Ireland) Act, 1870,
in respect of the same holding shall be entitled to do so
notwithstanding that the holding was held under any such lease, but
this proviso shall not apply to leases in which there is contained
a provision expressly excluding the Ulster tenant-right custom or a
usage corresponding therewith.

...

Contracts inconsistent with Act, how far void.

LAND LAW (IRELAND) ACT 1881 - SECT 22

22. A tenant whose holding or the aggregate of whose holdings is
valued under the Act relating to the valuation of rateable property
in Ireland at an annual value of not less than one hundred and
fifty pounds, shall be entitled by writing under his hand to
contract himself out of any of the provisions of this Act or of
the Landlord and Tenant (Ireland) Act, 1870.

Where the tenancy in a holding subject to the Ulster tenant-right
custom or to any corresponding usage, has been purchased by the
landlord from the tenant by voluntary purchase before the passing of
this Act, then, if at the date of the passing of this Act the
owner of any such holding is in actual occupation thereof, it shall
be lawful, in the case of the first tenancy created in the holding
after the passing of this Act, for the parties to the contract
creating the same, by writing under their hands, to provide that
such tenancy shall be exempt from the provisions of section one of
this Act.

Save as in this section mentioned any provision contained in any
lease or contract of tenancy or other contract made after the
passing of this Act, which provision is inconsistent with any of
the foregoing provisions of this Act or with any of the provisions
of the Landlord and Tenant (Ireland) Act, 1870, shall be void.

Powers of limited owner.

LAND LAW (IRELAND) ACT 1881 - SECT 23

23. A landlord being a limited owner, as defined by the
twenty-sixth section of the Landlord and Tenant (Ireland) Act, 1870,
may exercise under the foregoing provisions of this Act any powers
which he might exercise if he were an absolute owner, with this
exception, that except in the case of a body corporate,
commissioners, or other like body, a limited owner shall not grant
a judicial lease or create a fixed tenancy without the sanction of
the court. Any fines or principal moneys arising from the exercise
of such powers shall be dealt with in manner provided by the Lands
Clauses Consolidation Acts ... with respect to the purchase money or
compensation coming to parties having limited interests.

In the case of any holding subject to mortgage the prescribed
notice of any agreement between landlord and tenant for granting a
judicial lease or creating a fixed tenancy of such holding under
the foregoing provisions of this Act, shall be served upon the
mortgagee, and the mortgagee shall be entitled to intervene in such
proceedings in the prescribed manner and subject to the prescribed
conditions.

S.24 rep. by 1896 c.47 s.52 sch.2; SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 25
Power to limited owner to sell holding and leave one-fourth of
price of holding on mortgage.

25. A landlord of a holding, being a limited owner as defined by
the twenty-sixth section of the Landlord and Tenant (Ireland) Act,
1870, may by agreement, subject to the provisions of the Lands
Clauses Consolidation Acts (except so much of the same as relates
to the purchase of lands otherwise than by agreement), sell and
convey such holding to the tenant, and may exercise to the same
extent as if he were an absolute owner the power of permitting any
sum not exceeding one-fourth in amount of the price which the
tenant may pay as purchase money, to remain as a charge upon such
holding secured by a mortgage, and in case of any advance being
made by the land commission under the provisions of this Act to
the tenant for the purchase of such holding any such mortgage shall
be subject to any charge in favour of the land commission for
securing such advance; and any such mortgage and the principal money
secured thereby shall be deemed to be part of the purchase money
or compensation payable in respect of the purchase of such holding,
and shall be dealt with accordingly in manner provided by the Lands
Clauses Consolidation Acts, and in the construction of the said Acts
for the purposes of this section the expression "the special Act"
shall be construed to mean this Act, and the expression "the
promoters of the undertaking" shall be construed to mean the tenant.

S.26 rep. by 1896 c.47 s.52 sch.2; 1903 c.37 s.103 sch.; SLR 1950.
S.27 rep. by 1903 c.37 s.103 sch.

LAND LAW (IRELAND) ACT 1881 - SECT 28
Repayment of advances made by commission.

28.Subs.(1)(2) rep. by 1896 c.47 s.52 sch.2

(3) Any person liable to pay an annuity in this section mentioned
may redeem the same, or any part thereof, or may pre-pay any
instalments thereof in such manner and on such terms as is provided
by section fifty-one of the Landlord and Tenant (Ireland) Act, 1870,
or in such other manner, and on such other terms, as the Treasury
may from time to time approve, having regard to the due repayment
of the loan and the protection of the land commission against loss
by the said loan.

S.29 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 30
Conditions annexed to holdings whilst subject to advances.

30.(1) As between the land commission and the proprietor for the
time being of any holding for the purchase of which the land
commission have advanced money in pursuance of this Part of this
Act, the following conditions shall be imposed so long as such
holding is subject to any charge in respect of an annuity in
favour of the land commission; that is to say,

(a)The holding shall not be subdivided or let by such proprietor
without the consent of the land commission until the whole charge
due to the land commission has been repaid:

(b)Where the proprietor subdivides or lets any holding or part of a
holding in contravention of the foregoing provisions of this section,
the land commission may cause the holding to be sold:

(c)Where the title to the holding is divested from the proprietor
by bankruptcy, the land commission may cause the holding to be
sold:

Para.(d) rep. by 1955 c.24 (NI) s.46 sch.3

(2) The land commission may cause any holding which under this
section they can cause to be sold, or any part of such holding,
to be sold by public auction or private contract, and subject to
any conditions of sale they may think expedient, and after such
notice of the time, place, terms and conditions of such sales, as
they think just and expedient; and the land commission may convey
such holding to the purchaser in like manner in all respects as if
the holding had been vested in the land commission.

Subs.(3) rep. by 1896 c.47 s.52 sch.2; 1932 c.16 (NI) s.1(8); SLR
1950

S.31 rep. by 1953 c.13 (NI) s.4 sch. S.33 rep. by 1896 c.47 s.52
sch.2. S.34 rep. by 1887 c.33 s.18(2); 1903 c.37 s.103 sch.; SLR
1950. Ss.35, 36 rep. by SLR 1950

Court to mean civil bill court.

LAND LAW (IRELAND) ACT 1881 - SECT 37

37.(1) The expression "The Court" as used in this Act shall mean
the civil bill court of the county where the matter requiring the
cognizance of the court arises.

Subs.(2) rep. by 1959 c.25 (NI) s.154(3) sch.5

(3) Any proceedings which might be instituted before the civil bill
court may, at the election of the person taking such proceedings,
be instituted before the land commission, and thereupon the land
commission shall, as respects such proceedings, be deemed to be the
court.

(4) Where proceedings have been commenced in the civil bill court
any party thereto may, within the prescribed period, apply to the
land commission to transfer such proceedings from the civil bill
court to the land commission; and thereupon the land commission may
order the same to be transferred accordingly.

(5) The court shall have jurisdiction in respect of all disputes
between landlords and tenants arising under this Act.

(6) In determining any question relating to a holding, the court
may direct an independent valuer to report to the court his opinion
on any matter the court may desire to refer to such valuer, such
report to be accompanied with a statement, if so directed, of all
such facts and circumstances as may be required for the purpose of
enabling the court to form a judgment as to the subject-matter of
such report. The court may or may not, as it thinks fit, adopt
the report of such valuer, and it may make such order with respect
to the costs incurred in respect of such report as it thinks just.

LAND LAW (IRELAND) ACT 1881 - SECT 38
Incorporation of certain provisions of 1870 c.46.

38. There shall be incorporated with this Act the following
provisions of the Landlord and Tenant (Ireland) Act, 1870, as if
the purposes therein referred to included the purposes of this Act;
that is to say,

Para.(1) rep. by 1959 c.25 (NI) s.154(3) sch.5

(2)Section forty, relating to the apportionment of rents, and in
that section rents shall include any rent payable to the Crown;

(3)Section fifty-nine, relating to administration on death of tenant;

Para.(4) rep. by SLR 1976

(5)Section sixty-one, containing provisions as to other persons under
disability;

Paras.(6)(7) rep. by 1959 c.25 (NI) s.154(3) sch.5

S.39 rep. by SLR 1950

Reference to arbitration.

LAND LAW (IRELAND) ACT 1881 - SECT 40

40. Any matter capable of being determined by the court under this
Act, may, if the parties so agree, be decided by arbitration, and
an arbitration shall be conducted by the court of arbitration in
manner provided by the Landlord and Tenant (Ireland) Act, 1870, and
where the amount of rent is decided by arbitration, such rent shall
for the purposes of this Act be deemed to be the judicial rent.

S.41 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 42
Incorporation of commission.

42. ...

Judicial notice shall be taken by all courts of justice of the
corporate seal of the land commission, and any order or other
instrument purporting to be sealed with it shall be received as
evidence without further proof.

Ss.4347 rep. by SLR 1894; 1903 c.37 s.103 sch.; SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 48
Powers of commission.

48.(1) For the purposes of this Act the land commission shall have
full power and jurisdiction to hear and determine all matters,
whether of law or fact, and shall not be subject to be restrained
in the execution of their powers under this Act by the order of
any court, nor shall any proceedings before them be removed by
certiorari into any court.

(2) The land commission may of its own motion, or shall on the
application of any party to any proceeding pending before it, unless
it considers such application frivolous and vexatious, state a case
in respect of any question of law arising in such proceedings, and
refer the same for the consideration and decision of [Her Majesty's
Court of Appeal in Northern Ireland.]

The land commssion may also, in case it thinks fit, permit any
party aggrieved by the decision of the land commission in any
proceedings to appeal in respect of any matter arising in such
proceedings to [Her Majesty's Court of Appeal in Northern Ireland];
provided that no appeal from the land commission to the [Court of
Appeal in Northern Ireland] shall be permitted in respect of any
matter arising under Part V. of this Act, or in respect of any
decision as to the amount of fair rent, or any question of value
or of damages, or any matter left in the discretion of the land
commission.

The decision of the said Court of Appeal on any such question so
referred to it shall be final and conclusive.

(3) The land commission with respect to the following matters, that
is to say,

(a)Enforcing the attendance of witnesses (after a tender of their
expenses), the examination of witnesses orally or by affidavit, and
the production of deeds, books, papers, and documents; and

(b)Issuing any commission for the examination of witnesses; and

(c)Punishing persons refusing to give evidence or to produce
documents, or guilty of contempt in the presence of the land
commission or any of them sitting in open court; and

(d)Making or enforcing any order whatever made by them for the
purpose of carrying into effect the objects of this Act;

(4) In determining any question relating to a holding the commission
may direct an independent valuer to report to it his opinion on
any matter the commission may desire to refer to such valuer, such
report to be accompanied with a statement, if so directed, of all
such facts and circumstances as may be required for the purpose of
enabling the commission to form a judgment as to the subject matter
of such report. The commission may or may not, as it thinks fit,
adopt the report of such valuer, and it may make any such order
with respect to the costs incurred in respect of such report as it
thinks just.

(5) The land commission may review and rescind or vary any order
or decision previously made by them, or any of them; but save as
by this Act provided every order or decision of the said commission
shall be final: Provided always, that any order or decision made by
three members of the land commission shall not be reviewed,
rescinded, or varied, except by three members of the land
commission.

...

S.49 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 50
Rules for carrying Act into effect.

50.(1) The land commission shall from time to time circulate forms
of application and directions as to the mode in which applications
are to be made under this Act, and may from time to time make,
and when made may rescind, amend, or add to, rules with respect to
the following matters, or any of them:

(a)The proceedings on the occasion of sales under this Act:

Para.(b) rep. by SLR (NI) 1954

(c)The proceedings in the civil bill court under this Act:

(d)The consolidation of cases and the joinder of parties:

(e)The security (if any) to be given by applicants to, or persons
dealing with the commission:

(f) The proceedings in appeals under this Act:

(g)The proceedings in respect of cases stated for the decision of
[Her Majesty's Court of Appeal in Northern Ireland] under this Act:

(h)The proceedings on the occasion of applications for transfer of
cases from the civil bill court to the land commission under this
Act:

(i)The qualifications and tenure of office of assistant commissioners:

(j)The forms to be used for the purposes of this Act:

(k)The scale of costs and fees to be charged in carrying this Act
into execution, and the taxation of such costs and fees, and the
persons by or from whom and the manner in which such costs and
charges are to be paid or deducted, subject nevertheless to the
sanction of the Treasury as to the amount of fees to be charged:

(l)The attendance and discharge of duties by the officers of the
civil bill courts before the land commission and sub-commissions when
holding sittings under this Act:

<(m)The mode in which consents on the part of the land commission or of any landlord, tenant, or other person may be signified under this Act:

(n)the service of notices on mortgagees and persons interested, and
any other matter by this Act, or any part of any Act incorporated
herewith, directed to be prescribed:

(o)As to any other matter or thing, whether similar or not to
those above mentioned, in respect of which it may seem to the land
commission expedient to make rules for the purpose of carrying this
Act or any part of any Act incorporated herewith into effect.

(2) Any rules made in pursuance of this section shall be judicially
noticed in all courts of Her Majesty's dominions.

(3) Any rules made in pursuance of this section shall be laid
before Parliament within three weeks after they are made if
Parliament be then sitting, and if Parliament be not then sitting,
within three weeks after the beginning of the then next session of
Parliament; and if an Address is presented to Her Majesty by either
House of Parliament within the next subsequent [forty days] on which
the said House shall have sat praying that any such rule may be
annulled, Her Majesty may thereupon by Order in Council annul the
same, and the rule so annulled shall thenceforth become void and of
no effect, but without prejudice to the validity of any proceedings
which may in the meantime have been taken under the same.

(4) The Public Offices Fees Act, 1879, shall apply to fees payable
under this Act.

S.51 rep. by 1959 c.25 (NI) s.154(3) sch.5

LAND LAW (IRELAND) ACT 1881 - SECT 52
Appearance of parties before commission and sub-commission.

52. Subject to rules made under this Act, it shall be lawful for
the party to any proceeding before the land commission or any
sub-commission, or, with the leave of such commission or
sub-commission, for the father or husband of such party, or, for a
solicitor of the Supreme Court of Judicature in Ireland (but not a
solicitor retained as an advocate by such first-mentioned solicitor),
or for a barrister retained by or on behalf of such party and
instructed by his or her solicitor, but without any right of
exclusive audience or preaudience, to appear and address such
commission or sub-commission and conduct the case subject to such
rules and regulations as may be from time to time prescribed.

S.53 rep. by 1891 c.48 s.43(1) sch.3; SLR 1950. Ss.54, 55 rep. by
SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 56
Audit of account of land commission.

56. [The Lord Chief Justice of Northern Ireland shall from time to
time cause to be prepared in such form and at such times as the
Treasury may from time to time direct accounts of the receipts and
expenditure of Her Majesty's High Court of Justice in Northern
Ireland in respect of the functions transferred to that Court by or
under the Northern Ireland Land Purchase (Winding Up) Act, 1935, and
within six months after the expiration of the year to which the
accounts relate the Lord Chief Justice of Northern Ireland shall
cause the same to be transmitted to the Controller and Auditor
General] to be audited, certified, and reported upon in conformity
with the regulations from time to time made by the Treasury for
that purpose, and the accounts, with the reports of the Controller
and Auditor General thereon, shall be laid before the House of
Commons not later than three months after the date on which they
were transmitted for audit if Parliament be then sitting, and if
not sitting, within fourteen days after Parliament next assembles.

Provided, that the regulations made by the Treasury under this
section shall be laid before the House of Commons within one month
of the date thereof, if Parliament be then sitting, and, if not,
then within fourteen days after Parliament next assembles, and that
such regulations shall not have effect until they have lain for
thirty days upon the Table of the House.

Definitions.

LAND LAW (IRELAND) ACT 1881 - SECT 57

57. In the construction of this Act the following words and
expressions shall have the meaning hereby assigned to them, unless
there be something in the context repugnant thereto; that is to
say,

Definitions rep. by SLR 1894; SLR (NI) 1954; SLR 1980

"Contract of tenancy" means a letting or agreement for the letting
of land for a term of years or for lives, or for lives and
years, or from year to year:

"Tenant" means a person occupying land under a contract of tenancy,
and includes the successors in title to a tenant.

Where the tenant sub-lets part of his holding with the consent of
his landlord he shall, notwithstanding such sub-letting, be deemed
for the purposes of this Act to be still in occupation of the
holding.

"Landlord" means the immediate landlord or the person for the time
being entitled to receive the rents and profits or take possession
of the land held by his tenant, and includes the successors in
title to a landlord:

"Holding" during the continuance of a tenancy means a parcel of
land held by a tenant of a landlord for the same term and under
the same contract of tenancy, and, upon the determination of such
tenancy, means the same parcel of land discharged from the tenancy:

"Tenancy" mean the interest in a holding of a tenant and his
successors in title during the continuance of a tenancy; and "rent
of a tenancy" means the rent for the time being payable by such
tenant or some one or more of his successors:

"Present tenancy" means a tenancy subsisting at the time of the
passing of this Act or created before the first day of January one
thousand eight hundred and eighty-three in a holding in which a
tenancy was subsisting at the time of the passing of this Act, and
every tenancy to which this Act applies shall be deemed to be a
present tenancy until the contrary is provided:

"Future tenancy" means, except as aforesaid, a tenancy beginning
after the passing of this Act:

"Ordinary tenancy" means a tenancy to which this Act applies, and
which is not a tenancy subject to statutory conditions, or a
judicial lease, or a fixed tenancy:

"Sale," "sell," and cognate words include alienation, and alienate,
with or without valuable consideration:

"Ejectment" includes action for recovery of land:

"An estate" means any lands which the land commission may by order
declare fit to be purchased as a separate estate for the purposes
of this Act:

"Prescribed" means prescribed by rules made in pursuance of this
Act:

Definition rep. by SLR (NI) 1954

Any words or expressions in this Act which are not hereby defined,
and are defined in the Landlord and Tenant (Ireland) Act, 1870,
shall, unless there is something in the context of this Act
repugnant thereto, have the same meaning as in the last-mentioned
Act, and the Landlord and Tenant (Ireland) Act, 1870, except in so
far as the same is expressly altered or varied by this Act or is
inconsistent therewith, and this Act shall be construed together as
one Act.

LAND LAW (IRELAND) ACT 1881 - SECT 58
Tenancies to which the Act does not apply.

58. This Act, with the exception of so much thereof as amends the
Landlord and Tenant (Ireland) Act, 1870, in respect of compensation
for improvements, and with the exception of Part Five of this Act,
shall not apply to tenancies in

Subs.(1) rep. by 1896 c.47 s.52 sch.2

(2)... any holding ordinarily termed "town-parks" adjoining or near
to any city or town which bears an increased value as accommodation
land over and above the ordinary letting value of land occupied as
a farm, and is in the occupation of a person living in such city
or town, or the suburbs thereof; or

Subs.(3)(4) rep. by 1896 c.47 s.52 sch.2

(5)Any holding which the tenant holds by reason of his being a
hired labourer or hired servant; or

(6)Any letting in conacre or for the purposes of agistment or for
temporary depasturage; or

(7)Any holding let to the tenant during his continuance in any
office, appointment, or employment, or for the temporary convenience
or to meet a temporary necessity either of the landlord or tenant:
Provided that any such letting made after the passing of this Act
shall be by contract in writing, which shall express the purpose
for which such letting is made;

(8)Any cottage allotment not exceeding a half of an acre;

(9)Any "glebe" as defined by the Glebe Lands Representative Church
Body (Ireland) Act, 1875, which now is, or hereafter shall be held
or occupied by any "ecclesiastical persons" as by the same Act
defined, and no such ecclesiastical person shall in respect of such
glebe be entitled to make any claim for compensation under any of
the provisions of the Landlord and Tenant (Ireland) Act, 1870, or
of this Act.

S.59 rep. by SLR 1894. S.60 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1881 - SECT 62
Short title.

62. This Act may be cited for all purposes as the Land Law
(Ireland) Act, 1881.

Functions of Irish Land Commission <(b)under Land Law Acts transf. to D/Fin., Assignment of Functions Notification, Belfast Gaz. 7.6.1921; SRO 1922/183 (Rev. vol. XVI p.1000) but certain judicial functions exercisable by nominated judge of Supreme Ct., SRO 1922/1204 (Rev. vol. XVI p.1025); 1978 c.23 s.122(1) sch.5 Pt.I






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