Page:Public General Statutes 1896.djvu/417

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1896.
Land Law (Ireland) Act, 1896.Ch. 47.
397

The paged version of this document contained the following header content in the margin: Part III

As to guarantee deposit29.—(1.) The Land Commission on making an advance may dispense with the whole or any part of the guarantee deposit being made or retained, if they think the security for the repayment of the advance is sufficient without it.

(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 54 & 55 Vict. c. 48., 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.

( 3.) In the case of any advance made otherwise than under the Purchase of Land (Ireland) Act, 1891 54 & 55 Vict. c. 48
54 & 55 Vict. c. 57.
, or the Redemption of Rent (Ireland) Act, 1891, the Land Commission may pay out of the guarantee deposit to the person entitled thereto a sum equal to the portion of the advance which at the end of any decade is ascertained under the provisions of this Act to have been repaid.

Amendment of 51 & 52 Vict. c. 49. s. 2.30. In computing the amount advanced to any one purchaser Amendment of under the provisions of section two of the Purchase of Land (Ireland) Amendment Act, 1888, an advance made to such purchaser as a trustee for another, or as personal representative of a deceased person, shall not, if, (as regards advances made after the passing of this Act,) he declares at the time that he was so acting, be included, and for the purposes of the said section the advance in such cases shall be deemed to have been made to the person beneficially interested in such advance.

Extinguishment of superior interests31.—(1.) Where any land has been sold under the Land Purchase Acts, as amended by this Act, or where land is sold by the Judge to the tenant thereof, and an advance under the Land Purchase Acts is made for the purpose of such sale, or where a lessor or grantor has signified his consent to the redemption of a rent under the Redemption of Rent (Ireland) Act, 1891 54 & 55 Vict. c. 57., the sale of such land, or the redemption consequent on the lodgment of such consent, as the case may be, shall be made discharged from all superior interests as defined by this section, or from any of them, and in every such case the land shall be vested accordingly in the purchaser in fee simple, and such superior interests, or the value thereof, shall become a lien upon, and be redeemed or satisfied out of the purchase money of such land.

(2.) A vesting order shall be subject to such exceptions and reservations as are specified in the order, if they were contained in the agreement for purchase or subsequently agreed to by the vendor and purchaser and have been approved by the Land Commission and the Land Commission are satisfied that the effect of such exceptions and reservations was explained to and understood by the purchaser, or the purchaser is represented by a solicitor other than the solicitor of the vendor.

(3.) The powers of apportionment and redemption given to the Land Commission by section ten of the Purchase of Land (Ireland) Act, 1885 48 & 49 Vict. c. 73, and sections fifteen and sixteen of the Land Law (Ireland) Act, 1887 50 & 51 Vict. c. 33., shall extend to superior interests and be exercised in such