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PURCHASE OF LAND (IRELAND) ACT 1885

PURCHASE OF LAND (IRELAND) ACT 1885 - LONG TITLE

An Act to provide greater facilities for the Sale of Land to
occupying Tenants in Ireland.{1}
[14th August 1885]
Short title.

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 1

1. This Act may be cited for all purposes as the Purchase of Land
(Ireland) Act, 1885.

S.2 rep. by 1896 c.47 s.52 sch.2; SLR 1950. S.3 rep. by 1891 c.48
s.43 sch.3; SLR 1950

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 4
Terms of repayment of advances.

4. With respect to advances to be made under this Act, or to be
made under the Landlord and Tenant (Ireland) Act, 1870, or the Land
Law (Ireland) Act, 1881,... the provisions of Part Five of the Land
Law (Ireland) Act, 1881, shall be amended as follows:

(a)Every such advance shall be repaid by an annuity in favour of
the Land Commission for forty-nine years, of four pounds for every
hundred pounds of such advance, and so in proportion for any less
sum, instead of by the annuity mentioned in the said Act.

(b)Every such annuity, or any portion of it at any time
outstanding, may be redeemed in whole or in part by the person
liable to pay such annuity, by payment to the Land Commission of a
sum equivalent to the then value of such annuity or of such
portion of it as is sought to be redeemed....

Para.(c) rep. by 1887 c.33 s.18(2)

(d)Subject to the amendments contained in this Act, the provisions
of Part Five of the said Act shall apply to all advances under
this Act.

Where a holding is sold by the Land Judges to the tenant of that
holding, the sale may, for the purpose of advances under this Act,
and of guarantee deposits under this Act, be deemed to be a sale
by a landlord to a tenant.

S.5 rep. by 1903 c.37 s.103 sch.; SLR 1950. S.6 rep. by SLR 1950.
S.7 rep. by 1903 c.37 s.103 sch.

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 8
Vesting order in lieu of conveyance.

8. When a holding has been sold by the Land Commission to a
tenant or other person, also when a holding has been sold by a
landlord to a tenant, and it has been agreed between the Land
Commission and the landlord and the tenant that such sale shall be
carried into effect by means of a vesting order of the Land
Commission under this Act, it shall be lawful for the Land
Commission, if they think fit, after due investigation of title and
being satisfied therewith, to make an order under their seal and
signed by a Commissioner vesting the holding, or the interest of
any person or of the Land Commission in such holding, in the
purchaser, freed from all charges if the vesting order so declares,
or subject to such charges as may be specified in such order; or,
if the vesting order so declares, subject to such charges as may
lawfully affect such holding.

Every order purporting to vest a holding or interest in a purchaser
which purports to be made by the Land Commission in exercise of
the powers conferred on them by this Act shall be binding upon all
persons claiming any estate or interest in the land comprised in
the holding, including Her Majesty, her heirs and successors, and
shall be as effectual in all respects, save as herein-after
provided, as if it were a conveyance or assignment executed by one
of the Land Judges of the Chancery Division of the High Court of
Justice in Ireland under the Landed Estates Court Act: Provided,
that where the purchaser of a holding is also tenant of the
holding the interest vested in him by such order shall, subject to
any charges, rights, or easement set out in the order, be deemed
to be a graft upon the previous interest of the tenant in the
holding, and be subject to any rights or equities arising from its
being such graft.

The enactments of this section relative to the operation and effect
of a vesting order purporting to vest a holding, shall apply to an
order purporting to vest an interest in a holding, so far as
relates to such interest.

S.9 rep. by 1896 c.47 s.52 sch.2; SLR 1950. Ss.10, 11 rep. by SLR
1950

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 12
Appropriation of income and capital money.

12. When the capital money arising from any sale under this Act is
retained by the Land Commission, the income thereof shall be paid
by them to the vendor or other person entitled thereto.

The Land Commission shall make orders for the payment of such
purchase money to any persons found by the Land Commission to be
entitled thereto.

Save as expressly provided by this Act, nothing herein contained
shall affect the rights of any incumbrancer, or other person
interested in any estate or holding sold, to the capital money
arising from such sale.

S.13 rep. by SLR 1950. S.14 rep. by 1896 c.47 s.52 sch.2; SLR
1950

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 15
Power to sell subject to annuity.

15. Any sale of a holding by the Land Commission under the
thirtieth section of the Land Law (Ireland) Act, 1881, or under any
power of sale, may, notwithstanding anything contained in that
section, be made subject to the future payment of the annuity
payable in respect of such holding, and in that case no part of
the proceeds of such sale shall be applied in redemption of the
said annuity; but, save as aforesaid, such proceeds shall be applied
in the manner provided by that section.

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 16
Injunction to put purchaser in possession.

16. When any holding is sold by or at the suit of the Land
Commission, the High Court of Justice in Ireland, or the county
court of the county in which such holding is situate, 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.

S.17 rep. by 1891 c.48 s.43(1) sch.3; 1896 c.47 s.52 sch.2; SLR
1950. S.18 rep. by SLR 1950. S.19 rep. by SLR 1898; 1978 c.23
s.122(2) sch.7 Pt.I. Ss.20, 21 rep. by SLR 1950. S.22 rep. by SLR
1898; SLR 1950

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 23
Terms of repayment of advances to tenant purchasers under 1869 c.42.

23. Whereas certain lessees and tenants of the Commissioners of
Church Temporalities in Ireland, referred to in the first paragraph
of the fifth sub-section of the thirty-fourth section of the Irish
Church Act, 1869, purchased parcels of land from the Commissioners
under that Act, and a part of the purchase-money was, in some
cases, allowed by the Commissioners to remain outstanding, with
interest at the rate of four per centum, and was secured to the
Commissioners in some cases by a simple mortgage of the property
sold, and in other cases by a deed, referred to in this section
as an "instalment mortgage," providing for the payment of the
principal sum, with interest, by an annuity extending over a term
of years:

And whereas under the Irish Church Act Amendment Act, 1881, the
Land Commission are the successors of and stand in the place of
the Commissioners of Church Temporalities in Ireland so far as
regards such purchases and deeds of mortgage:

And it is expedient that the following provisions should take
effect; therefore

(1)The rate of interest made payable by every such simple mortgage
as aforesaid shall, from and after a day to be determined by the
Land Commission by order, be reduced to a rate of three and
one-eighth per centum;

(2)Any person liable to pay to the Land Commission the annuity
secured by such an instalment mortgage as aforesaid may make
application to the Land Commission to accept payment of the amount
then remaining due on the security of such instalment mortgage upon
the terms herein-after specified:

(aOn such application the Land Commission shall ascertain, and by
order declare, the amount of the principal money which then remains
owing to them on the security of such instalment mortgage; and, by
the same order, the Land Commission shall declare how many years
would then remain unexpired of a term of forty-nine years,
calculated to commence on the day on which the term of years
commenced during which the instalments secured by such instalment
mortgage were to continue payable;

(b)The Land Commission shall accept payment of the said sum with
interest at the rate of three and one-eighth per cent. by
half-yearly instalments of such amount as shall be ascertained and
declared by the Land Commission in such order to be required to
pay off the said sum with interest at the rate aforesaid, if paid
for the residue then unexpired of the said term of forty-nine
years;

(c)The payment of such instalments shall be secured to the Land
Commission by deed, in such form as they may determine, which shall
be in substitution for the instalment mortgage, and which shall be
exempt from stamp duty;

(3)No order shall be made with reference to any debt secured by a
simple mortgage unless all interest on that debt due before making
of the order is then paid up;(4)Nothing contained in this section
shall apply to any debt due to the Land Commission in respect of
any purchase from the Commissioners of Church Temporalities of land
held from or under them by virtue of any lease for twenty-one
years, or for three lives or twenty-one years, or for forty years,
or for three lives, referred to in the last paragraph of the said
fifth sub-section of the thirty-fourth section of the Irish Church
Act, 1869.

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

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 25
Saving for 1881 c.49.

25. Nothing contained in this Act shall restrict the powers of the
Land Commission under the Land Law (Ireland) Act, 1881.

PURCHASE OF LAND (IRELAND) ACT 1885 - SECT 26
Interpretation.

26. In this Act, unless there is something in the context repugnant
thereto:

The expression "the Landed Estates Court Act" means the Landed
Estates Court (Ireland) Act, 1858, as amended by any Act or Acts.

The expressions "the Lord Chancellor," and the "Land Commission,"
mean respectively the Lord High Chancellor of Ireland and the Irish
Land Commission.

Other expressions have the same meanings respectively as in the Land
Law (Ireland) Act, 1881.

The expression "tenant" shall include a tenant holding under a fee
farm grant.

Schedule (Redemption Table showing amounts needed to redeem #1
annuity payable for various unexpired periods)