[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/lla1896137.txt

[New search] [Help]

LAND LAW (IRELAND) ACT 1896

LAND LAW (IRELAND) ACT 1896 - 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}
[14th August 1896]
PART I$$A

LAND LAW (IRELAND) ACT 1896 - SECT 5
Exclusion of certain holdings.

5.(1) The Land Law Acts, except section seven of the Land Law
(Ireland) Act, 1881 (which amends the Landlord and Tenant (Ireland)
Act, 1870, in respect of compensation for improvements), shall not
apply to the following tenancies:

(a)To a tenancy in any holding which is not substantially either
agricultural or pastoral in its character, or partly agricultural and
partly pastoral, or the main object of the letting of which was
for a residence:

(b)To a tenancy in any holding which substantially consists of

(i)land being or forming part of a home farm; or

(ii)land which when first demised was demesne, and which the
provisions of the contract of tenancy, or the circumstances of the
case, show was intended to be preserved as demesne or resumed as
demesne by the landlord; or

<(iii)land incorporated in a demesne by the tenant, and forming part of a demesne at the time the application to fix a fair rent is made:

(c)To a tenancy in a holding (other than a holding let to be used
wholly or mainly for a dairy farm) which is let to be used wholly
or mainly for the purpose of pasture

(i)if it is of the rateable value of upwards of one hundred
pounds; or

(ii)if the tenant does not actually reside on the holding, or where
the holding adjoins or is ordinarily used with another holding, then
on the latter holding.

Subs.(2)(3) rep. by SLR 1950

(4) Nothing in this section shall extend to any holding in respect
of which a judicial rent has been fixed before the commencement of
this Act.

LAND LAW (IRELAND) ACT 1896 - SECT 6
Town parks.

6. In the construction of section nine of the Land Law (Ireland)
Act, 1887, the word "agricultural" shall be construed to mean
agricultural or pastoral, or partly agricultural and partly pastoral.
...

LAND LAW (IRELAND) ACT 1896 - SECT 7
Exclusion by subletting of holding.

7.(1) For the purposes of the Land Law Acts, the tenant of a
holding shall be deemed to be in bona fide occupation thereof
notwithstanding

(a)that any dwelling-house on the holding, not being the dwelling in
which the tenant for the time being resides, and not having been
erected by the tenant in breach of his contract of tenancy or of
a statutory condition, is sublet to or in the occupation of another
person; or

(b)that any other part of the holding is, otherwise than in breach
of the contract of tenancy or of a statutory condition, sublet to
or in the occupation of another person, if in the estimation of
the court a part not less than seven-eighths or thereabouts in
value of the holding, excluding from such value the value of any
buildings erected by the tenant, remains in the bona fide occupation
of the tenant, and if the subletting was made before the passing
of the Land Law (Ireland) Act, 1887, or if it was substantially in
substitution for a letting existing at that date.

Provided that

(i)for the purpose of the foregoing provisions of this section, a
breach of the contract of tenancy shall not be deemed to have
taken place if the landlord waived such breach; and

(ii)the foregoing provisions of this section shall not apply unless
the court think it reasonable to entertain the application having
regard to the acreage of the holding and to any other matter which
they think should be taken into consideration, and the court may
entertain the application notwithstanding that any such house or part
of a holding is occupied by a person to whom it has been sublet
in contravention of section two of the Land Law (Ireland) Act,
1881.

(2) The subletting of any such dwelling-house as is referred to in
sub-section (1)(a) of this section during the continuance of a
statutory term or after its expiration shall not be deemed to be a
breach of any statutory condition, nor shall section two of the
Land Law (Ireland) Act, 1881, apply to any such subletting, whether
made before or after the passing of this Act.

(3) Where a part of the property held under one demise is sublet,
and the property was let to the tenant subject to the tenancy of
some other person in the part sublet, the court may, in any case
to which sub-section (1) of this section does not apply, direct
that the part so sublet shall thenceforth be, or if it is an
incorporeal hereditament be treated as, a separate holding, and
(unless the application to the court is made on the expiration of
a lease) that the same shall be held during the continuance of the
tenancy at such rent as the court determine to be the proper
proportion of the rent reserved by the demise, and the court may
fix a fair rent for the remainder of the property held under the
demise, and the Land Law Acts as amended by this Act shall apply
to that remainder, as if it were a separate holding:

Provided that if the landlord so elect, the court shall, in any
case to which this sub-section applies, order that the tenant of
the part so sublet shall be the tenant of such landlord as his
immediate landlord.

Ss.8, 9 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1896 - SECT 10
Lettings by persons not absolute owners.

10.(1) The Land Law Acts shall apply, and be deemed to have always
applied, in the case of tenancies created by a limited owner or by
a mortgagor or mortgagee in possession, and the tenancies shall not
be or be deemed to have been determined (except in the case of
fraud or collusion or a letting at a gross undervalue) by the
cesser of the interest or possession of such limited owner,
mortgagor, or mortgagee, and the person entitled on such cesser to
receive the rent of the holding shall stand in the relation of
landlord to the tenant of the holding, and have the rights and be
subject to the obligations of landlord accordingly.

Subs.(2) rep. by SLR 1950

(3) This section shall not apply to a tenancy created by a limited
owner in a holding the substantial part of which at the date of
the letting was demesne land, where the mansion house is let with
such demesne land, or the application of the Land Law Acts to the
tenancy would materially diminish the value as a residence of the
mansion house situate on and theretofore occupied with the demesne.

LAND LAW (IRELAND) ACT 1896 - SECT 11
Tenancy not invalidated by reason of subletting by landlord.

11. A contract of tenancy entered into, whether before or after the
commencement of this Act, by a landlord in violation either of the
Act of the seventh year of the reign of King George the Fourth,
chapter twenty-nine, intituled "An Act to amend the law of Ireland
respecting the assignment and subletting of lands and tenements," or
of an agreement against subletting in his lease, shall not as
between him and the tenant holding under such contract be, or be
deemed to have been, void or voidable, and a superior landlord
shall be deemed to have expressed a sufficient consent, in the
manner in which the consent is required by law to be expressed, to
a subletting made in violation of such Act or agreement, unless
within a reasonable time after the subletting came to the knowledge
of himself, or his agent, he served on the lessee or sub-tenant
notice of his dissent from the subletting, or instituted a
proceeding against the lessee founded upon the said violation.

LAND LAW (IRELAND) ACT 1896 - SECT 12
Determination of estate of immediate landlord.

12.(1) Where a superior landlord recovers against an immediate
landlord a judgment in ejectment for non-payment of the rent of a
holding, or of lands including a holding, the estate of the
immediate landlord shall be deemed to be determined within the
meaning of section fifteen of the Land Law (Ireland) Act, 1881,
without prejudice to his right to redeem his interest, as if a
decree for possession or a writ of possession had been executed.

(2) Unless the court before which the ejectment was brought
certifies that the non-payment was due to the non-payment of rent
by the tenant of the holding, such judgment shall not be executed
against the tenant, and the tenancy of the holding shall not be
affected, except that the superior landlord shall stand in the
relation of immediate landlord to the tenant, and may proceed
accordingly for the recovery of all rent due from the tenant to
the immediate landlord, as if it had always been due to the
superior landlord, but (except in the case of fraud or collusion or
a letting at a gross undervalue) not for the recovery of the rent
due to the superior from the immediate landlord. If the amount
recovered by the superior landlord from the tenant equals or exceeds
the amount due to him from the immediate landlord, the interest of
the immediate landlord shall not be deemed to have been redeemed,
but the superior landlord shall pay the excess to the immediate
landlord, after deducting any amount due for costs.

LAND LAW (IRELAND) ACT 1896 - SECT 13
Tenure in severalty.

13. Where the estate of the immediate landlord for the time being
is determined during the continuance of any tenancy from year to
year, and two or more persons are entitled in severalty as superior
landlords, each of such persons shall be deemed to be the immediate
landlord to the tenant of the tenancy within the meaning of section
fifteen of the Land Law (Ireland) Act, 1881, in respect of the
portion of the land to which he is entitled, and to have the
rights and to be subject to the obligations of an immediate
landlord as provided by the said section; and the Land Commission
may, on application being made to them by any person interested
other than the tenant, apportion the rent previously paid by the
tenant between the different persons thenceforward entitled to the
landlord's interest according to the value of the land held from
each; and the tenancy shall thereupon be divided into two or more
tenancies according to the portions of land to which each of such
landlords is entitled: Provided that each of such tenancies shall
continue to be subject to the same conditions in all respects (save
as regards the amount of rent to be paid) as the previously
existing tenancy was subject to under the immediate landlord prior
to the determination of his estate.

S.14 rep. by SLR 1950. S.15 rep. by SLR (NI) 1954

LAND LAW (IRELAND) ACT 1896 - SECT 16
Ejectments for nonpayment of rent in case of holdings under Land
Law Acts.

16. In the case of any ejectment which shall be or has been
brought for the non-payment of the rent of a holding to which the
Land Law Acts as amended by this Act apply, where the rent in
arrear exceeds two years rent, the tenant may pay, tender, deposit,
or lodge under sections sixty to seventy-one of the Landlord and
Tenant Law Amendment Act (Ireland), 1860, the sum of two years rent
instead of the sums therein respectively required to be paid,
tendered, deposited, or lodged in respect of the rent and arrears,
exclusive of costs, and upon such tender, payment, deposit, or
lodgment the tenant shall be in the same position under those
sections as if two years rent were the sum due for rent up to
the date of the commencement of the proceedings in the ejectment;
and the balance of the rent due to that date shall be recoverable
by the landlord as if the same were a debt due to him by the
person legally liable therefor, but shall not be recovered by
ejectment for non-payment of rent .... Provided, however, that

(1)Nothing herein contained shall relieve the tenant from paying or
undertaking to pay costs as provided by the said sections; and

(2)That this section shall not apply to any proceeding in ejectment
in which an order has been or shall be made under section thirty
of the Land Law (Ireland) Act, 1887, nor to any arrears of rent
the subject of any such order.

LAND LAW (IRELAND) ACT 1896 - SECT 17
Provision for agreements by landlords and tenants in certain cases.

17.(1) The landlord and tenant of any holding may at any time
(whether a statutory term is current in respect of the holding or
not) agree in the prescribed manner, and subject to the prescribed
rules and conditions, in regard to all or any of the matters
following:

(a)the consolidation of the holding with any other holding or
portion of a holding or the making of any addition to the holding;

(b)the partition or division of the holding;

(c)the assignment or surrender of portion of the holding;

(d)the creation of a present tenancy in the holding;

(e)the abridgment of any statutory term in the holding; and

(f)the fair rent of the holding and the date at which the
statutory term is to commence and the duration thereof.

(2) Where any such agreement is made the tenancy in the holding
shall (in the absence of a provision in the agreement to the
contrary) as and from the date of the agreement be a present
tenancy.

(3) Any such agreement on being filed in the prescribed manner with
the Land Commission shall have the same effect and consequences in
all respects as if the matters agreed to therein had been
determined by the Land Commission, and the Land Commission had power
to determine the same.

(4) The said conditions shall, in the case of an agreement made by
a limited owner or a mortgagor or mortgagee in possession, include
such conditions as may be prescribed to protect the interests of
the person entitled on the cesser of the interest or possession of
such limited owner, mortgagor, or mortgagee.

LAND LAW (IRELAND) ACT 1896 - SECT 18
Tenancy to be present tenancy where landlord has so consented.

18. Where, prior to the commencement of this Act, the landlord of
a holding has consented that the tenancy in the holding should be
a present tenancy, or that the tenant should have the same rights
as a present tenant, the tenancy shall be deemed to be a present
tenancy accordingly.

LAND LAW (IRELAND) ACT 1896 - SECT 19
Amendment as to mortgage or settlement of holdings.

19. The alienation to one person only of a holding by way of
mortgage, or family settlement, or where marriage forms a portion of
the consideration, or otherwise than for consideration in money or
money's worth, shall be a sale within the meaning of section one
of the Land Law (Ireland) Act, 1881, but the provisions of the
several regulations thereof other than regulation (6) shall not apply
thereto.

S.20 rep. by SLR 1908

Amendments of procedure as to limited representation of deceased
person.

LAND LAW (IRELAND) ACT 1896 - SECT 21

21. On any application under the Land Law Acts, as amended by this
Act, an order may be made by the court appointing some person
limited administrator of a deceased person for the purpose of such
application, and such order may be made whether such deceased person
did or did not die before the application, or make a will which
was not proved. It is hereby declared that the court had power, at
any time since the passing of the Land Law (Ireland) Act, 1881, to
make such an order as in this section is mentioned.

LAND LAW (IRELAND) ACT 1896 - SECT 22
Ground of appeal to be stated.

22. Rules under section fifty of the Land Law (Ireland) Act, 1881,
may provide that, subject to the qualifications (if any) contained
in those rules, every notice of appeal, under the Land Law Acts,
shall state the grounds of appeal, and on the hearing of the
appeal no grounds of appeal shall, save by leave of the court,
which shall not be given as of course, be entered into except
those so stated. For the purpose of this section "appeal" includes
"rehearing."

Regulations as to interchange of duties of the Land Judge and the
Judicial Commissioner of the Irish Land Commission.

LAND LAW (IRELAND) ACT 1896 - SECT 23

23.(1) The Lord Chancellor, the Land Judge of the Chancery Division
of the High Court, and the Judicial Commissioner of the Land
Commission, or any two of them (of whom the Lord Chancellor shall
be one) may make rules for the following purposes, namely:

(a)To enable the Land Judge to act as an additional Judicial
Commissioner of the Land Commission

(i)in any matter arising under the Land Purchase Acts as amended by
this Act; or

(ii)in any appeal or rehearing under the Land Law Acts as amended
by this Act;

(b)To enable the Judicial Commissioner of the Land Commission to
exercise any jurisdiction, powers, and duties, so far as existing at
the commencement of this Act,

(i)of the High Court or any judge thereof, either as successors of
the Landed Estates Court and the judges thereof, or under ... the
Local Registration of Title (Ireland) Act, 1891; and

(ii)of the Land Judge and of the Receiver Judge under any enactment
conferring any jurisdiction upon either of such judges as such;

(c)To enable the High Court to distribute the proceeds of any sale
under the Land Purchase Acts, and to enable the Land Commission to
carry into effect any sale under those Acts ordered by the High
Court.

(2) For carrying into effect any such rules, and exercising the
jurisdiction, powers, and duties arising thereunder, the Land Judge
shall be deemed to be an additional Judicial Commissioner of the
Land Commission, and the Judicial Commissioner shall be deemed to be
an additional Land Judge.

(3) The Land Judge as respects officers of the Supreme Court who
are attached to such judge, or otherwise employed in or about the
execution of any such jurisdiction, powers, and duties as may under
this section be exercised by the Judicial Commissioner, and the
Judicial Commissioner, so far as respects the officers of the Land
Commission, may direct those officers to perform such duties as he
thinks fit under the Land Commission or under the Land Judge, as
the case may be, and those officers shall perform those duties.

(4) The Land Judge and the Judicial Land Commissioner may also make
regulations for carrying into effect any rules made in pursuance of
this section, and for the mutual relations between the Land Judge
and the officers of the Supreme Court on the one side, and the
Land Commission and their officers on the other, and in particular
for the payment into the High Court of money to be distributed
among the parties entitled thereto, and for the Land Commission
carrying into effect any sales under the Land Purchase Acts ordered
by the High Court.

(5) Sub-sections (2) and (3) of section fifty of the Land Law
(Ireland) Act, 1881, shall apply to rules made under this section.

Subs.(6) rep. by SLR 1908

(7) Such rules shall provide that the Court of the Land Commission
in [Belfast] shall, when hearing appeals or rehearing cases, or
hearing such other matters as may be prescribed, be held at the
[Royal Courts of Justice (Ulster)].

LAND LAW (IRELAND) ACT 1896 - SECT 24
Power to nominate judge to act as additional Land Judge for
purposes of 1891 c.66.

24. The Lord Chancellor may nominate any judge of the High Court
with his consent to act, for the time specified by the Lord
Chancellor, as an additional Land Judge for the purposes of ... the
Local Registration of Title (Ireland) Act, 1891, and the judge so
nominated shall have during that time the jurisdiction of the Land
Judge for those purposes.

Alteration of mode of calculating purchase annuity.

LAND LAW (IRELAND) ACT 1896 - SECT 25

25.(1) In the case of every advance under the Land Purchase Acts
made after the commencement of this Act the purchase annuity shall
be calculated and payable

(a)during the first decade of the annuity, upon the total advance;
and

(b)during the second and third decades, upon the portion of the
advance which is ascertained, as provided by this section, to be
unpaid at the end of the previous decade; and

(c)after the end of the third decade, upon the portion of the
advance which is ascertained, as provided by this section, to be
then unpaid,

(2) The Land Commission shall, in accordance with such rules as the
Treasury may make

(a)at the end of each of the said decades ascertain how much of
the advance has been repaid by means of the accumulation during the
decade of that portion of the purchase annuity which represents
repayment of capital, and the residue of the advance shall be the
unpaid amount upon which the subsequent annuity is to be calculated
and paid; and

(b)ascertain when the whole advance has been repaid by means of the
accumulation of that portion of the purchase annuity which represents
repayment of capital.

(3) If the proprietor of a holding charged with an annuity applies
to the Land Commission within the prescribed time and in the
prescribed manner, prior to the end of each of the said decades,
that the annuity during the next decade shall not be reduced under
this section, no alteration of the annuity shall then be made.

(4) The amount of the annuity, when re-calculated as provided by
this section, shall be certified by the Land Commission, and that
certificate shall be conclusive for all purposes, and shall be sent
by them for registration to the registration authority under the
Local Registration of Title (Ireland) Act, 1891.

Subs.(5) spent

LAND LAW (IRELAND) ACT 1896 - SECT 26
Application of part of Act to annuities under 1869 c.42.

26.(1)The Land Commission, upon the application of any person liable
to pay interest on any simple mortgage under section fifty-two of
the Irish Church Act, 1869, may, if they think fit, by order
convert that mortgage into a mortgage to secure repayment of the
principal of the mortgage debt then outstanding, with interest at
the rate of three and one-eighth per centum per annum, by means of
an annuity at the rate of four per centum per annum on the said
principal, payable by half-yearly payments on the days fixed for the
payment of the interest on the said mortgage, until the whole
principal has been repaid, and such order shall be binding upon all
persons interested, whether in the equity of redemption of such
mortgage or otherwise.

(2) The foregoing provisions with respect to the calculation of a
purchase annuity may be applied by the Land Commission with the
necessary modifications, to the calculation of the instalments of an
annuity by means of which any mortgage debt is payable either under
this section or otherwise under section fifty-two of the Irish
Church Act, 1869, and the Acts amending the same.

LAND LAW (IRELAND) ACT 1896 - SECT 27
Abolition of county per-centage.

27. The amount which under the Purchase of Land (Ireland) Act,
1891, is required to be applied as county per-centage shall, when
received in respect of an instalment of the annuity falling due
after the commencement of this Act, cease to be so applied and
shall be paid to the National Debt Commissioners and applied as a
portion of the purchase annuity which represents repayment of
capital.

LAND LAW (IRELAND) ACT 1896 - SECT 28
Abolition of purchaser's insurance money.

28.(1) In the case of any advance after the commencement of this
Act for the purchase of a holding, and also in the case of any
instalment of a purchase annuity which shall become payable after
the passing of this Act, purchaser's insurance money shall not be
payable.

Subs.(2) spent

LAND LAW (IRELAND) ACT 1896 - SECT 29
As to guarantee deposit.

29.Subs.(1) rep. by SLR 1950

(2) The Land Commission may, if they think fit, on application, pay
to the person entitled thereto the whole or any part of the
guarantee deposit made or retained in respect of advances under the
Purchase of Land (Ireland) Act, 1891, or the Redemption of Rent
(Ireland) Act, 1891, except in a case where any part of the
deposit has been actually applied in pursuance of the Land Purchase
Acts.

Subs.(3) rep. by 1903 c.37 s.103 sch.

Ss.3033 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1896 - SECT 34
As to easements, &c., when vesting order is made.

34.(1) A holding vested in a purchaser by a vesting order under
this Act shall continue to have appurtenant thereto and to be
subject to, as the case may be, any previously existing easements,
rights, and appurtenances; and any privilege previously in fact
enjoyed, whether by permission of the landlord or otherwise, in such
manner and for such time that, if the holding had belonged to a
different owner from the rest of the estate, it would have been an
easement or right, shall be an easement or right within the meaning
of this section, and shall be appurtenant to or exerciseable over
the holding, as the case may be.

(2) The vesting order may, if the Land Commission think fit,
declare that the sale is made subject to or free from any
particular easement, right, or appurtenance, and such declaration
shall have full effect.

(3) This section shall extend to any sale or declaration of title
made by the Land Judge in pursuance of the Landed Estate Court
(Ireland) Act, 1858, in like manner as if it were herein re-enacted
with the necessary modifications.

Ss.3537 rep. by SLR 1950

LAND LAW (IRELAND) ACT 1896 - SECT 38
Sale of holding by Land Commission.

38.(1) The Land Commission upon the sale of a holding under section
thirty of the Land Law (Ireland) Act, 1881, or under any power of
sale, may sell the holding in lots.

(2) Section fifteen of the Purchase of Land (Ireland) Act, 1885, as
amended by this Act, shall extend to a sale of a holding by the
Land Commission, as successors to the Commissioners of Church
Temporalities in Ireland.

(3) Where a holding is subject to the future payment of an
annuity, and the Land Commission sell it in lots, or in the
exercise of their powers under the Land Purchase Acts authorise the
subdivision of the holding, the Land Commission may apportion the
annuity in such manner as they deem expedient, or may, if they
think fit, make an order discharging any such portion of the
holding as aforesaid from any further liability for such annuity, or
any part thereof, or any arrears thereof.

(4) Where the Land Commission sell a holding, the purchase money
shall, subject to the provisions of section thirty of the Land Law
(Ireland) Act, 1881, be paid and distributed as if it were the
purchase money of a holding sold by a landlord to a tenant.

S.39 rep. by 1906 c.37 s.38, sch.; SLR 1950. S.40 rep. by SLR
1950

LAND LAW (IRELAND) ACT 1896 - SECT 41
Appeals under Land Purchase Act.

41. Any person aggrieved by the order of a Land Commissioner acting
alone in carrying the Land Purchase Acts as amended by this Act
into effect may, if such Commissioner was not a Judicial
Commissioner and the question is one of law, require the case to
be reheard by a Judicial Commissioner, and in any other case may
require the question to be reconsidered by a Judicial Commissioner
and two other Commissioners, one of whom shall be a Commissioner
appointed under the Purchase of Land (Ireland) Act, 1885, except
where, owing to unavoidable absence, illness, or a vacancy in
office, such a Commissioner is not available; provided that if the
Judicial Commissioner thinks it desirable the case shall be reheard
by those three Commissioners.

S.42 rep. by SLR 1950

Part V (ss.46, 47) rep. by SLR 1950

Definitions.

LAND LAW (IRELAND) ACT 1896 - SECT 48

48.(1) In this Act, unless the context otherwise requires

The expression "dwelling-house" includes any out-house, curtilage, and
garden appurtenant thereto:

The expressions "landlord" and "tenant" include respectively the
predecessors in title of a landlord or tenant:

The expression "limited owner" means a limited owner within the
meaning of section twenty-six of the Landlord and Tenant (Ireland)
Act, 1870, and includes any person having the powers of a tenant
for life under the Settled Land Acts, 1882 to 1890:

The expression "lease" includes an agreement for a lease:

The expression "Land Law Acts" means the Land Law (Ireland) Act,
1881, except Part V thereof, the Land Law (Ireland) Act, 1887,
except Part II, and the Land Law (Ireland) Act, 1888, and the
Timber (Ireland) Act, 1888, and the Land Law (Ireland) Act, 1888,
Amendment Act, 1889, and the Redemption of Rent (Ireland) Act, 1891,
and does not include the Landlord and Tenant (Ireland) Act, 1870,
except so far as the provisions of it are necessary for giving
effect to the above-mentioned portion of the Land Law (Ireland) Act,
1881:

The expression "Land Purchase Acts" means the Purchase of Land
(Ireland) Act, 1891, the Land Purchase Acts as therein defined, and
the Redemption of Rent (Ireland) Act, 1891:

Definition rep. by SLR (NI) 1954

The expression "judicial rent" means a fair rent, whether fixed by
the court or by agreement or arbitration or by demand of the
landlord accepted by the tenant, and any reference to an application
to fix a fair rent shall include a reference to an agreement to
fix a fair rent or to refer to arbitration the fixing of a fair
rent, or to the demand of an increased rent by the landlord:

The expression "prescribed" means prescribed by rules made by the
Land Commission, save that where the expression refers to financial
matters it shall mean prescribed by rules made by the Treasury, and
where the expression relates to matters connected with the Land
Judge it shall mean prescribed by rules made under Part Two of
this Act:

The expression "Receiver Judge" means the judge assigned under
section nineteen of the Purchase of Land (Ireland) Act, 1885, for
the execution of the duties in that section mentioned.

(2) In the definition of "holding" contained in the Land Law
(Ireland) Act, 1881, "parcel of land" shall be deemed to include an
undivided share of land, whether held alone, or held under the same
contract of tenancy with land held in severalty.

(3)Any jurisdiction vested by this Act in the High Court in
relation to the purchase money under the Land Purchase Acts, or
otherwise in relation to those Acts, shall, subject to rules of
court, be exercised by a Land Judge.

LAND LAW (IRELAND) ACT 1896 - SECT 49
Saving of Ulster tenant right custom.

49. Nothing in this Act contained shall prejudice or affect any
right, benefit, or presumption, exercised or enjoyed under or by
virtue of the Ulster tenant right custom, or any usage corresponding
thereto.

LAND LAW (IRELAND) ACT 1896 - SECT 50
Application and construction of Parts of Act.

50.Subs.(1)(2) rep. by SLR 1950

(3) Parts One and Two of this Act shall be construed as one with
the Land Law Acts, and together with those Acts may be cited as
the Land Law Acts, and shall apply to all holdings to which the
Land Law Acts, or any of them, as amended by this Act, apply, and
section twenty-two of the Land Law (Ireland) Act, 1881, shall apply
as if the said Acts and Parts of this Act were part of the
foregoing provisions of the said Act of 1881, within the meaning of
the said section.

(4) Parts Two, Three, and Five of this Act shall be construed as
one with the Land Purchase Acts as herein defined, and together
with those Acts may be cited as the Land Purchase Acts.

(5) The provisions of Part III of this Act with respect to
superior interests and a vesting order shall not, without the
consent of the vendor and purchaser, apply to proceedings in respect
of any agreement made before the commencement of this Act.

LAND LAW (IRELAND) ACT 1896 - SECT 51
Short title.

51. This Act may be cited as the Land Law (Ireland) Act, 1896.

S.52 rep. by SLR 1908

Schedules rep. by SLR 1950.

(a)Land Law Acts transf. to D/Fin., Assignment of Functions
Notification, Belfast Gaz., 7.6.1921; SRO 1922/183 (Rev. vol. XVI
p.1000);

(b)Land Purchase Acts transf. to D/Fin. and Treasury, SRO 1923/615
(Rev. vol. XII p.2); 1935 c.21 ss.3, 6