HC Deb 16 September 1909 vol 10 cc2433-5

(1) As between the Land Commission and the proprietor for the time being of any holding for the purchase of which the Land Commission have, after the passing of this Act, made any advance under the Land Purchase Acts while any portion of the advance remains due, the following conditions shall be imposed in addition to the conditions mentioned in Section fifty-lour of the Act of 1903, namely:—

  1. (a) The proprietor shall not without the consent of the Land Commission acquire by purchase any other holding for the purchase of which an advance has been made under the Land Purchase Acts if the amount of that ad- 2434 vance then outstanding, when added to the amount of the advance or advances made in respect of the holding or holdings then held by the proprietor, would exceed the sum of five thousand pounds, and if any proprietor acquires any holding in violation of this condition the Land Commission may cause that holding to be sold.
  2. (b) The proprietor shall rot, without thy consent of the Land Commission, cut down or remove, or permit to be cut down or removed, any tree upon the holding which is in the opinion of the Land Commission necessary for the ornament or shelter of the holding or for the security of the advance, and if any such tree is cut down or removed in violation of this condition, the proprietor shall be guilty of an offence under this Act, and shall be liable, on summary conviction, to a penalty not exceeding five pounds for each tree so cut down or removed

(2) Where, after the passing of this Act, a tenant enters into an agreement for the purchase of his holding under the said Acts, the foregoing condition with respect to the cutting and removal of trees shall, as from the date of the agreement, apply to the holding in like manner as if the advance had been made unless and until the application for an advance is refused or withdrawn.

(3) Sub-section (2) and Sub-section (3) of Section thirty of the Act of 1881, as amended by any enactment, shall apply to any sale by the Land Commission under this Section.

Amendments made: In Section (1), to leave out the words "while any portion of the advance remains due."

In Section (1), to leave out paragraph (b) and to insert, "(b) The proprietor shall not, without the consent in writing in the prescribed form of the Department of Agriculture and Technical Instruction for Ireland, cut down or uproot, or permit to be cut down or uprooted, any tree (other than a fruit tree or osier) upon the holding which is necessary for the ornament or shelter of the holding; and if any such tree is cut down or uprooted in violation of this condition, the proprietor shall be guilty of an offence under this Act and shall be liable on summary conviction to a penalty not exceeding five pounds for each tree so cut down or uprooted, unless he satisfies the court that he received the prescribed consent."

In Section (2), to leave out the word "removal" ["cutting and removal of trees"] and to insert the word "uprooting."

After Section (3), to insert: "(4) When the whole of the advance made for the purchase of a holding under the Land Purchase Acts has been repaid, the conditions imposed by this Section, or by Section fifty-four of the Act of 1903, shall cease to have effect as regards the holding or the proprietor thereof."