HC Deb 24 November 1909 vol 13 cc237-8

(1) Subject to any application to the court under the last preceding Section, and to the final determination of all questions arising thereon, any person interested in the estate or untenanted land who is dissatisfied with the price named in the final offer may apply, within the prescribed time and in the prescribed manner, by way of objection to the court to fix the price to be paid for the estate or untenanted land, and, subject to the previsions of this Section, the price shall be fixed by the court accordingly.

(2) The court, upon any application tinder this Section, if satisfied that the price can more conveniently and properly be fixed by arbitration, may—

  1. (a) On the request of any of the parties interested other than the Estates Commissioners and the Congested Districts Board, if the question of price is the solo question or sole remaining question in dispute; or
  2. (b) In any case where the parties so consent:
refer the application to an arbitrator to be appointed by the Court, and in the case of any such reference the provisions of the Common Law Procedure (Ireland) Act, 1856, as amended by any subsequent enactment, shall, with the necessary modifications, apply in like manner as in the case of a reference to arbitration under that Act.

(3) In fixing the price to be paid for an estate or untenanted land, regard shall be had to the fair value of the same to the owner, but no additional allowance shall be made in respect of the purchase being compulsory.

(4) The costs and expenses of and incidental to any application under this Section shall be at the discretion of the Court, and the Court may, if it thinks fit, order the same to be paid by the Land Commission or the Congested Districts Board.

Drafting Amendment made.


moved, in Sub-section (4), to leave out the word "Section," and to insert instead thereof the words "Part of this Act."


Would that govern costs in the Court of Appeal? This would seem to restrict it to costs before the Judicial Commissioner.


I do not think that is so.


I understand that the Government undertaking is costs in each court. Probably the matter will be arranged.


Yes, if it can be done. That is the intention.


Perhaps that Amendment can be inserted at a later stage?


If necessary, but I do not think it is necessary.

Amendment to Lords Amendment agreed to.

Further drafting Amendments made.

Clause G (Completion of Purchase) agreed to, with drafting Amendment made.

Lords Amendments agreed to: Leave out Clause 65 (Restriction on Compulsory Purchase of Land). Leave out Clause 66 (Orders for Framing Lists of Assessors).