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LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932

LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932 -
LONG TITLE

An Act to make provision with respect to the administration of
certain matters by the Ministry of Finance in pursuance of the
powers transferred to that Ministry from the Irish Land Commission,
and to amend further the law relating to tithe rent-charge and
variable rents.
[7th June 1932]
Distribution of proceeds of sales of holdings by Department of
Finance.

LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932 -
SECT 1

1.(1) Where the Ministry of Finance (in this Act referred to as
"the Ministry") causes a holding to be sold under any of the
powers vested in the Ministry by the Land Purchase Acts, the
Ministry shall apply the proceeds derived from such sale (in this
section referred to as "the proceeds of the sale") in accordance
with the following provisions of this section.

(2) The proceeds of the sale shall be credited to a separate
account in the books of the Ministry, and shall be applied in
payment, in the first instance, of all moneys certified to be due
to the Ministry in respect of the holding, and of all costs and
expenses incurred by the Ministry in relation to the sale or the
distribution of the proceeds of the sale or otherwise in relation
to the holding.

(3) The balance of the proceeds of the sale shall be paid to the
persons who may be determined under the provisions of the Schedule
to this Act to be entitled to the said balance.

(4) Where the person determined as aforesaid to be entitled to the
balance, or a part of the balance, of the proceeds of the sale is
a minor or of unsound mind or otherwise under legal disability

(a)if the amount to which such person is entitled does not exceed
fifteen pounds, the Ministry may pay the amount to his guardian or
committee, or, if there is no such guardian or committee, then to
any person as a trustee for the person under legal disability, upon
the giving of such undertaking to apply the amount received for the
benefit of the person under legal disability as the Ministry may
require;

(b)if the amount to which such person is entitled exceeds fifteen
pounds, the Ministry shall pay the amount into the county court to
be administered for the benefit of the person entitled to the same.

(5) The determination, in accordance with the provisions of the
Schedule to this Act, of the persons entitled to the balance of
the proceeds of the sale, and any decision or order under
sub-section (4) of this section, shall be conclusive and binding on
all persons:

Provided that any person claiming to be entitled to such balance or
a part thereof may appeal to the county court from such
determination, and the determination of the county court on such
appeal shall be final.

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

(7) All payments of the balance of the proceeds of any such sale
as aforesaid made by the Ministry before the twenty-third day of
April, nineteen hundred and thirty-two, shall be deemed to have been
made in pursuance of a final determination or decision under this
section.

(8) Sub-section (3) of section thirty of the Land Law (Ireland)
Act, 1881, and sub-section (4) of section thirty-eight of the Land
Law (Ireland) Act, 1896, are hereby repealed as respects sales of
holdings under this section.

[(9) Where

(a)any balances to credit in respect of the proceeds of sale of
holdings under any of the powers vested in the Ministry by the
Land Purchase Acts shall have remained dormant or unclaimed in the
hands of the Ministry for a period of fifteen years at least
before the first day of January then last past, the Ministry may
direct that such balances shall be transferred to the Exchequer;

(b)the Ministry is satisfied that any person making a claim in that
behalf is entitled to any payment in respect of the sums
transferred to the Exchequer under this sub-section, the Ministry may
issue to that person out of the Consolidated Fund such sum as may
appear to it to be necessary to provide for the said payment.]

LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932 -
SECT 2
Authentication of seal of Department of Finance on certificates of
sum due.

2.(1) Where a certificate under the seal of the Ministry is
required for the purposes of section forty-nine of the Landlord and
Tenant (Ireland) Act, 1870, or of section twenty or section
twenty-eight of the Land Law (Ireland) Act, 1887, that seal may,
notwithstanding any provision of the Ministries of Northern Ireland
Act, 1921 [N.I.], be authenticated by the signature of any of such
officers of the Ministry as may be authorised by the Minister of
Finance to authenticate that seal in such circumstances as the said
Minister may specify.

(2) Any authority given by the Minister of Finance under this
section shall be published in the Belfast Gazette, and the
production of a copy of that Gazette purporting to be printed under
the authority of the officer for the time being appointed to print
the Acts of the Parliament of Northern Ireland, and containing the
publication of the authority given by the said Minister, shall be
conclusive evidence of the giving thereof.

LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932 -
SECT 3
Amendment of s.1 of 1930 c.22 (20 & 21 Geo. 5) etc., as to tithe
rentcharge and variable rents.

3.(1) Where any tithe rentcharge or variable rent is payable to
some person other than the Ministry, the sum payable in respect of
every gale thereof accruing due after the first day of May,
nineteen hundred and thirty-two, shall be deemed to be varied from
the amount at which it stood on the first day of November,
nineteen hundred and thirty, by being reduced by eight per cent.,
and shall be payable accordingly; and no tithe rentcharge or
variable rent payable to any such person shall be varied except in
accordance with this section.

(2) The following enactments are hereby repealed:

So much of the Tithe Rentcharge (Ireland) Act, 1900, as relates to
the variation of tithe rentcharges and variable rents;

Section ninety of the Irish Land Act, 1903;

Sub-section (2) of section one of the Tithe Rentcharge and Variable
Rents Act (Northern Ireland), 1930, except as respects any agreements
entered into under that sub-section before the date of the passing
of this Act.

(3) In this section the expressions "tithe rentcharge" and "variable
rent" mean respectively a tithe rentcharge to which the provisions
of the Tithe Rentcharge (Ireland) Act, 1900, would, but for this
section, apply, and a variable rent to which those provisions, as
extended by section ninety of the Irish Land Act, 1903, would, but
for this section, apply.

LAND LAW (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1932 -
SECT 4
Short title.

4. This Act may be cited as the Land Law (Miscellaneous Provisions)
Act (Northern Ireland), 1932.1. The Solicitor to the Ministry shall
make out a certificate specifying the date of the sale, the amount
realised, the particulars of the payments made, the amount of the
balance of the proceeds of the sale, and the name of the
registered owner of the holding and the number and title of the
folio of the Register of Titles relating to the holding, or (where
registration of title has not been effected) such particulars as
will enable the holdings to be identified. The certificate shall be
signed by the Solicitor to the Ministry or by the Assistant
Solicitor.

2. The Solicitor to the Ministry shall obtain an office copy of
the folio of the Register of Titles evidencing the title to the
holding as such folio stood at the date of the sale of the
holding by the Ministry, or (where registration of title has not
been effected) such other evidence of the title to the holding at
that date as the said Solicitor may consider necessary.

3. The Solicitor to the Ministry shall, without delay, notify the
amount of the balance to all such persons as may appear from the
Register of Titles, or otherwise to be likely to be entitled to or
interested in the balance, and shall refer them to the provisions
of this Schedule which prescribe the procedure towards obtaining
payment of the balance or any part thereof.

4. To obtain payment of the balance, or any part thereof, in a
case to which article 6 of this Schedule does not apply, the
claimant shall attend before the Solicitor to the Ministry in
person, or by solicitor, to prove his claim, and for that purpose
shall, within thirty days after the date of the notification under
article 3 of this Schedule, file an affidavit which shall state as
concisely as is compatible with clearness the title to, and
particulars of the incumbrances and other claims (if any) affecting,
the balance, and shall refer to the deed and other muniments of
title on which the claimant relies, and the claimant shall produce
the same to the Solicitor to the Ministry in so far as they are
within his procurement.

5. If the claimant is entitled to the entire balance, the affidavit
shall state specifically that he is so entitled, and that there is
not any other person to his knowledge or belief who has or claims
any estate, right, title or interest in or to the balance, or any
part thereof; or, if there is any such person, the nature of the
claim of such person shall be stated.

6.(1) Where the balance does not exceed thirty pounds, and it
appears from the Register of Titles as it stood at the date of
the sale by the Ministry that the claimant would be entitled to
such balance, the aforesaid affidavit of title may be dispensed
with.

(2) Where the balance does not exceed fifteen pounds, and it
appears from the Register of Titles that the claimant would be
entitled thereto, subject to unascertained equities (if any) arising
from his interest being a graft on the previous interest of the
tenant in the holding, the ascertainment of such equities and the
aforesaid affidavit of title may be dispensed with.

7. The Solicitor to the Ministry shall make such requisitions as
may be necessary, and may, subject to the foregoing provisions of
this Schedule, require such evidence of title of any claimant as
the said Solicitor may consider necessary.

8. When the claimant or claimants have proved title to the
satisfaction of the Solicitor to the Ministry, the said Solicitor
shall certify, in order of priority, the amounts of the claims to
the Ministry for payment out of the account of the proceeds of the
sale.