Page:Public General Statutes 1896.djvu/419

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Land Law (Ireland) Act, 1896.

Ch. 47.


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

made by the Commission in relation to the holding purchased, and the provisions of this Act referring to vesting orders shall apply and be construed accordingly.

(2.) The Land Commission shall, immediately after the vesting order or fiat, prepare and transmit to the registering authority under the Local Registration of Title (Ireland) Act, 1891 54 & 55 Vict, c.66, the prescribed particulars as to the holding, in order that the title of the purchaser to the ownership of the holding maybe registered pursuant to that Act.

(3.) Section thirty-four of the said Act (which relates to the correction and rectification of the register) shall extend to a vesting order or fiat as if it were the register, save that the jurisdiction of the court for the purposes of this Act shall be exercised by the Land Commission.

(4.) An agreement for purchase, a vesting order, or fiat, shall not operate to convert the interest of the purchaser into real estate.

As to redemption or apportionment of annuities, rentcharges &c. under 50 & 51 Vict. c. 38. ss. 15,16'33.—(1.) For the 'purpose of the distribution of, or other dealing with, an advance, sections fifteen and sixteen of the Land law (Ireland) Act, 1887, and any other unrepealed enactment in the Land Purchase Acts, or this Act, relating to the redemption or rentcharges, apportionment of charges on holdings, or otherwise to the distribution of the purchase money of a holding, shall apply as if the money were the holding.

(2.) For the purpose of an agreement respecting the redemption price of any annuity, rentcharge, or rent apportioned under the said section sixteen, the court may determine the parties by whom such agreement may be made or by whom the consent may be given for the determination of the price by the court.

(3.) The said sections as amended by this section shall apply to any contingent liability for any annuity, rentcharge, or rent, in like manner as they apply to the annuity, rentcharge, or rent itself, and where any contingent liability has no appreciable value, the money may be distributed without regard to such liability.

(4.) Where any liability for any annuity, rentcharge, or rent is apportioned and redeemed out of the purchase money and a right of indemnity in respect of such liability exists, the person entitled to the purchase money shall be entitled to the proportion of the annuity, renteharge, or rent so redeemed, in like manner as if he had purchased the same, and the court, after due notice to all persons interested, shall make provision as to the future payment of such portion of the annuity, rentcharge, or rent so purchased, and as to the land to be liable thereto, and such other provisions as appear to the court necessary for carrying into effect this enactment.

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 order is made, easements, lights, 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