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LAND LAW (IRELAND) ACT 1887

LAND LAW (IRELAND) ACT 1887 - LONG TITLE

An Act to amend the Land Law (Ireland) Act, 1881, and the Purchase
of Land (Ireland) Act, 1885, and for other purposes connected
therewith.{1}
[23rd August 1887]
PART I$$A

LAND LAW (IRELAND) ACT 1887 - SECT 4
Subletting to labourers and others.

4. A tenant shall for the purpose of the Land Law (Ireland) Act,
1881, and of this Act, be deemed to be in bona8 fide occupation
of his holding notwithstanding that he has sublet part thereof,
provided the subletting is for the use of a labourer or labourers
bona8 fide employed and required for the cultivation of the holding,
and the court deems such subletting reasonable, and sanctions the
same. The land comprised in each such letting shall not exceed half
an acre in extent, and the court shall have regard to the size
and character of the holding, and may prescribe such terms as to
rent and otherwise with regard to the part sublet as it thinks
fit.

... This section shall not apply to a subletting made by a tenant
during a statutory term nor to a subletting made after the passing
of this Act.

S.5 rep. by 1896 c.47 s.52 sch.2. S.6 rep. by SLR 1950. S.7 rep.
by 1978 c.23 s.122(2) sch.7 Pt.I. S.8 rep. by SLR 1908; SLR 1950

LAND LAW (IRELAND) ACT 1887 - SECT 9
Town parks.

9. A holding shall not be deemed to constitute a town park, though
within the definition of the expression "town parks" in section
fifty-eight of the Land Law (Ireland) Act, 1881, if it is let and
used as an ordinary agricultural farm, and may, in the opinion of
the court, be included in the operation of the last-mentioned Act
without substantially interfering with the improvement or development
of the city or town to which it belongs, or the accommodation of
the inhabitants thereof.

A town park shall not cease to be within the exemption contained
in section fifty-eight of the Land Law (Ireland) Act, 1881, by
reason only of the occupier ceasing to live in the city or town
to which it belongs, or in the suburbs thereof, or by reason only
of such town park devolving upon or becoming vested in a person
not living in such city or town or in the suburbs thereof.

A parcel of land shall not come within the said exemption by
reason only of the occupier coming to live in the city or town,
or the suburbs thereof, or by reason only of the same devolving or
being vested in a person living in such city or town, or the
suburbs thereof.

S.10 spent. Ss.11, 12 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1887 - SECT 13
Duty of Land Commission with respect to enforcement of arrears.

13. The Land Commission shall not make an order under the third
section of the Purchase of Land (Ireland) Act, 1885, declaring any
sum due to them in respect of an advance secured by a guarantee
deposit under that Act to be an irrecoverable debt until they have
first attempted to enforce the payment of that sum by action or
civil bill process, where there appears to be a reasonable
probability of the debt being recoverable by such proceedings. In
addition to any other remedy provided by the Land Law (Ireland)
Acts every annuity payable thereunder to the Land Commission, whether
created before or after the passing of this Act, shall be
recoverable by the Land Commission in the manner in which
rentcharges in lieu of tithes are recoverable in Ireland.

LAND LAW (IRELAND) ACT 1887 - SECT 14
Expediting proceedings on sales.

14. When an agreement has been made between a landlord and a
tenant for the sale of a holding, and the Land Commission are
satisfied that the landlord and the tenant are prima8 facie entitled
to carry such agreement into effect, and the Land Commission have
agreed to make an advance under the Land Law (Ireland) Acts, the
following enactments for facilitating the completion of the sale
shall apply:

(1)The Land Commission may, if they think fit, pay into the Bank
of Ireland the whole or any part of the amount of the advance to
such credit as they may direct, and in any case where the tenant
provides any portion of the purchase money may cause the same to
be paid to the like credit, and may by order declare that the
claims of all persons (except the tenant and persons claiming under
him) who are interested in the land sold, whether as incumbrancers
or otherwise, shall attach to the purchase money of such land in
like manner as immediately before the sale they attached to the
land, and shall cease to be of any validity as against the land,
and subject as in this Act mentioned shall be discharged or
redeemed out of the purchase money, and the Land Commission shall
determine the rights and priorities of the landlord and such other
persons, and shall distribute the purchase money in accordance with
such rights and priorities. Where the purchase money or any part of
it is not immediately distributable, or the persons entitled thereto
are not ascertained, or where from any other cause the Land
Commission think it expedient for the protection of the rights of
the persons interested, then the Land Commission shall, as the case
requires, either retain the same under their control or deal with
the same in the manner provided by the Settled Land Act, 1882,
with respect to capital money arising under that Act, and may by
order declare the trusts affecting such money or share, so far as
the Land Commission have ascertained the same, or state the facts
or matters found by them in relation to the rights and interests
therein; and the Land Commission may from time to time make such
orders in relation to any purchase money or share and the
investment or application thereof, or the payment thereof, or the
annual income thereof to the persons interested, as the circumstances
of the case may require.

Subs.(2) spent

(3)Any person in occupation of and paying rent for a holding which
is held under a contract of tenancy, shall have power to enter
into an agreement for the purchase thereof. Where a holding shall
be conveyed to or vested in any such person, the interest thereby
assigned to him shall be deemed to be a graft upon the previous
interest of the tenant in such holding, and shall be subject to
any rights or equities arising from its being such graft.Charging
order for securing repayment of advance.

LAND LAW (IRELAND) ACT 1887 - SECT 18
> S.15 rep. by SLR 1908; SLR 1950. S.16 rep. by 1903 c.37 s.103
sch.; SLR 1950. S.17 rep. by 1896 c.47 s.52 sch.2

18.(1) Every advance made by the Land Commission under the Land Law
(Ireland) Acts shall be secured by an order of the Land Commission
declaring the land upon which such advance is made to be charged
with the repayment of the advance with interest in such manner as
the order may direct. In case any interest or instalment mentioned
in such order, or in any order made by a land judge of the
Chancery Division of the High Court, under the provisions of the
Land Law (Ireland) Acts, shall be in arrear for the space of forty
days after the time the same might be paid, it shall be lawful
for the Land Commission to exercise the powers of sale and other
powers conferred upon mortgagees by sections nineteen, twenty-one, and
twenty-two of the Conveyancing and Law of Property Act, 1881, so
far as the same is applicable. The Land Commission shall apply the
moneys arising upon any such sale in manner provided by section
fifteen of the Purchase of Land (Ireland) Act, 1885.

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

LAND LAW (IRELAND) ACT 1887 - SECT 19
Jurisdiction of High Court to reduce rents in certain cases.

19. Where an absolute order for the sale of land is made by a
judge of the Chancery Division of the High Court, and a receiver
has been appointed, it shall be lawful for a judge of the said
division to make, upon such terms as he thinks fit, a temporary
abatement in the rent, or a remission of a part of the arrears of
rent, due from a tenant of a holding on such land, if, having
regard to all the circumstances of the case, and to the interests
of the parties, owners, petitioners, or incumbrancers consenting or
refusing to consent thereto, he thinks it just and expedient so to
do.

LAND LAW (IRELAND) ACT 1887 - SECT 20
Priority of charge for advance.

20. Every annuity payable in respect of any advance made either
before or after the passing of this Act to enable a tenant to
purchase a holding under the Land Law (Ireland) Acts, shall be a
charge on the holding subject thereto, having priority over all
existing and future estates, interests, and incumbrances created
either by the landlord or the tenant, or their respective
predecessors in title, and whether before or after the making of
the advance, with the exception of quitrent and other charges
incident to the tenure, rentcharges in lieu of tithes, and any
charges created under any Acts authorising advance of public money,
or under any Act creating charges in respect of improvements on
lands and passed before this Act, and with the exception also (in
cases where lands are subject to a fee-farm rent or held under a
lease reserving rent) of such fee-farm rent or rent reserved as
aforesaid. Every such annuity payable to the Land Commission shall
be payable in equal half-yearly payments on the first day of May
and the first day of November in each year. The first half-yearly
payment of any such annuity shall, where the advance is not made
on one of the said gale days, be due and paid on the second of
such gale days after the date of the advance, and together with
such first half-yearly payment there shall be due and paid an
additional sum for interest on the advance at the rate of three
and one-eighth per centum per annum from the date of the advance
until the first gale day next after that date. A certificate
purporting to be under the seal of the Land Commission, or the
Commissioners of Public Works, as the case may be, shall be
evidence that the amount of any annuity or arrears of annuity
stated therein to be due under any of the said Acts in respect of
any holding named therein, is due to the Land Commission or the
Commissioners of Public Works, as the case may be, in respect of
such holding.

LAND LAW (IRELAND) ACT 1887 - SECT 21
Writ of possession.

21. When any holding is sold by or at the suit of the Land
Commission, the Land Commission may, on the application of any
purchaser, issue an order to the sheriff to put such purchaser in
possession of the holding, or part thereof, purchased by him, and
such order shall be executed by the sheriff in like manner as a
writ for the delivery of possession.

Ss.2225 rep. by SLR 1908; SLR 1950

LAND LAW (IRELAND) ACT 1887 - SECT 26
Release of forfeiture incurred by purchaser to whom money advanced.

26. Whenever a holding has, either before or after the passing of
this Act, become forfeited to the Commissioners of Works, under
section forty-four or forty-five of the Landlord and Tenant (Ireland)
Act, 1870, and a legal proceeding in respect of such forfeiture has
either not been taken by the said Commissioners, or if taken, has
been abandoned, they may, with the consent of the Treasury, if it
seem fit, after notice to all persons appearing to the Commissioners
of Works to be concerned, order that the holding shall be released
from the forfeiture as from the date at which it accrued, and
shall vest in the person named in the order discharged from all
claims on account of the alienation, subletting, or other act, on
account of which the forfeiture was incurred.

Such order shall have full effect and be binding on all persons
interested in the holding; and the holding, after the date thereof,
shall cease to be subject to the conditions imposed by the sections
above in this section mentioned, and shall be subject to the
conditions imposed by section thirty of the Landlord and Tenant
(Ireland) Act, 1881, and that section shall apply with the
substitution of the Commissioner of Works for the Land Commission.

S.27 rep. by SLR 1908; SLR 1950

LAND LAW (IRELAND) ACT 1887 - SECT 28
Certificate of sums due.

28. Where any sum is due to the Irish Land Commission or to the
Commissioners of Public Works in respect of any advance made to, or
purchase money due from, the purchaser of any land or interest in
land, and is unpaid for the space of not less than six months
after the same has become due, the Irish Land Commission or
Commissioners of Public Works, as the case may be, may give a
certificate of the amount so due, and such certificate shall be
evidence in the same manner as a certificate under section
forty-nine of the Landlord and Tenant (Ireland) Act, 1870.

S.29 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1887 - SECT 30
Power of court to stay eviction.

30.(1) In any proceedings for the recovery of a holding to which
this section applies, for nonpayment of rent, or in any action for
debt or damages by any person against the tenant of such holding
if the court in which the proceedings are pending is satisfied that
the tenant of the holding is unable to satisfy by an immediate
payment in full the judgment and costs, and that such inability
does not arise from his own conduct, act, or default, and there is
reasonable ground for granting an extension of time to pay, the
court may put a stay upon the execution of the judgment of the
court in such ejectment, or, in case of an ordinary judgment, may
put a stay upon the execution of a writ of fieri facias as
against the tenant's interest in the holding for such time as the
court thinks reasonable, and the court may, in any such ejectment,
if it thinks fit, order that the arrears of rent and the costs,
or such sum in satisfaction thereof as may be agreed on between
the parties, shall be paid by such instalments as the court may
appoint: Provided that where the landlord has offered to accept in
full satisfaction of the arrears of rent such lesser sum, payable
either in one payment or by instalments as the court shall think
reasonable, and the tenant refuses such offer, no stay of execution
shall be granted under this section.

(2) If the court is of opinion that the tenant can pay the first
of such instalments forthwith, the court shall so order. If default
is made in complying with the order of the court for the payment
of the first or any subsequent instalment, the stay upon the
execution of the judgment in ejectment shall be removed, and it may
thereupon be executed by a writ of possession in the prescribed
form; and upon the execution thereof, or upon the expiration of a
period of six months from the recovery of the judgment, whichever
shall last happen, all right of redemption in the holding shall be
determined.

(3) This section shall apply to every holding in respect of which
a judicial rent has been fixed, or can be fixed under the Land
Law (Ireland) Act, 1881, as amended by this Act, held by a tenant
whose holding, or the aggregate of whose holdings, whether under one
or more landlords, is valued under the Acts relating to the
valuation of rateable property in Ireland at not more than fifty
pounds a year.

(4) This section shall apply to judgments in ejectment for
nonpayment of rent, or for debt or damages recovered but not
executed before the passing of this Act against the tenant of such
holding as aforesaid.

Where any such judgment for nonpayment of rent so recovered shall
be executed against any such tenant as aforesaid, the court may,
notwithstanding such execution, within three months after the passing
of this Act, and under like conditions, and subject to like terms
as to instalments and otherwise, as if the judgment had not been
executed, make an order setting aside such execution, staying the
further execution of such judgment, and, if necessary, restoring the
tenant to the possession of the holding.

In case of any judgment for debt or damages so recovered against
such tenant, the same shall not be executed against the tenant's
interest in his holding, without the leave of the court, within the
like period.

LAND LAW (IRELAND) ACT 1887 - SECT 31
Appeals.

31. Save as by this Act is otherwise expressly provided, every
decree, order, and decision of a county court judge exercising
jurisdiction under this Act, shall be subject to the like appeal as
if the same were a decree pronounced by a county court judge in
exercising ordinary civil bill jurisdiction under the Civil Bill
Courts (Ireland) Act, 1851.

S.32 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1887 - SECT 33

33.Subs.(1) rep. by 1962 c.30 s.7(9) sch.1 Pt.I

(2) The authority mentioned in the eighty-fourth section of the
County Officers and Courts (Ireland) Act, 1877, shall amend the
existing scale of fees, costs, and charges to be paid to counsel
and solicitors in ejectments for nonpayment of rent in the Civil
Bill Courts, so that the total fees, costs, and charges in any
such ejectment as between party and party shall, so far as may be
practicable and reasonable, not exceed the total fees, costs, and
charges between party and party according to the scale for the time
being in force of such fees, costs, and charges in ordinary civil
bills, as if such ejectment were an ordinary civil bill and the
annual rent of the holding for which such ejectment is brought was
the amount sued for or recovered respectively in such ordinarily
civil bill. Such amended scale of fees, costs, and charges may be
amended from time to time by the same authority if in practice it
is found to be insufficient.

LAND LAW (IRELAND) ACT 1887 - SECT 34
Definitions.

34. In this Act, unless the context otherwise requires

The expression "ejectment" means any action for the recovery of the
possession of land in the High Court or in the Civil Bill Court:

The expression "judgment" as respects ejectment means decree of a
civil bill court or a judgment of the High Court:

The expression "writ of possession" includes a decree for possession:

The expression "incumbrance" means any legal or equitable mortgage
fee, or for any less estate, and also any money secured by a
trust, and also any legacy, portion, lien, or other charge, whereby
a gross sum of money is secured to be paid on an event or at a
time certain, and also any annual or periodical charge which, by
the instrument creating the same, or any other instrument, is made
purchaseable on payment of a gross sum of money, and every other
charge on land which is deemed an incumbrance in a court of
equity, and which a court would discharge by a sale of the land
charged, or by the appointment of a receiver over the same:

The word "landlord" shall, for the purposes of sales to tenants
under the Land Law (Ireland) Acts, include any person entitled to
an estate as a trustee for sale, and any limited owner, as defined
by section thirty-three of the Landlord and Tenant (Ireland) Act,
1870:

The expression "tithe rentcharge" includes any annual sum payable to
the Land Commission under the thirty-second section of the Irish
Church Act, 1869, as amended by any Act or Acts:

Definitions rep. by SLR (NI) 1954

Save in Part Two of this Act, the expression "holding" does not
include any holding which is not agricultural or pastoral or partly
agricultural and partly pastoral in its character:

The expression "prescribed," when used with reference to proceedings
before the Land Commission, means prescribed by rules made under the
Land Law (Ireland) Act, 1881; when used with reference to [other
proceedings, means prescribed by rules of court made under section
55 of the Judicature (Northern Ireland) Act 1978 or county court
rules as the case may be]:

The definitions contained or incorporated in the Land Law (Ireland)
Act, 1881, and the County Officers and Courts (Ireland) Act, 1877,
shall apply to this Act:

The expression "the Land Law (Ireland) Acts" includes the Landlord
and Tenant (Ireland) Act, 1870, the Land Law (Ireland) Act, 1881,
Part II of the Tramways and Public Companies (Ireland) Act, 1883,
the Purchase of Land (Ireland) Act, 1885, and any Act amending
them.

LAND LAW (IRELAND) ACT 1887 - SECT 35
Short title.

35. This Act may be cited for all purposes as the Land Law
(Ireland) Act, 1887.].etween A.B. - <-<-<- Plaintiff,4and
Take notice, that a judgment [or decree] for the recovery of the
lands of for nonpayment of rent has been recovered by the
above-named A.B.

And that any person entitled by law to redeem the said lands must
do so within a period of six months from the service [or posting]
of this notice, and that any person being a tenant or having a
specific interest in the tenancy, and desiring to redeem, must pay
to A.B. [landlord's name], at , or G.H. [agent's name] at , or
lodge in the Division of the High Court [or with the [chief
clerk]], the rent, arrears, and costs within the said period of six
months. The particulars of the rent and costs are as follows: [set
them out as in the judgment or decree].

On the service [or posting] of this notice, the persons to whom it
is addressed, being in possession of any part of the lands, are
deemed to be in possession as caretakers, and the service of this
notice operates in the same manner as if the judgment [or decree]
in ejectment had been executed against them, and as if having been
removed from possession, they had been reinstated as caretakers.

Dated, &c.