HL Deb 10 August 1896 vol 44 cc337-8

(1.) For the purpose of the distribution of, or other dealing with, an advance paid into the High Court under this Act, Sections 15 and 16 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 apportionment of charges on holdings, or otherwise to the distribution of the purchase-money of a holding, shall apply as if the High Court were the Land Commission and the money paid into that Court were the bidding.

(2.) Where any annuity, rent-charge, or rent, ordered under the said sections to be redeemed is subject to any incumbrance as defined by the Land Law (Ireland) Act, 1887, the High Court shall have the same power in relation to that incumbrance under the said Section 15 as that Court would have if the incumbrance were charged upon the land sold.

(3.) For the purpose of an agreement respecting the redemption price of any annuity, rent-charge, or rent apportioned under the said Section 16, the High 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 High Court.

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

Amendments made:—Words in Subsection (1) "paid into the High Court under this Act" struck out; words in Sub-section (1) "the High Court were the Land Commission, and the money paid into that Court" omitted, and words "the money" inserted instead thereof; word "High" struck out from Sub-section (2) and Sub-section (3); word "contingent," occurring twice in Sub-section (4), struck out.—(Marquess of Lansdowne.)


moved to insert the following new subsection:— (5.) Where any liability for any annuity, rent-charge, 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, rent-charge, 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, rent-charge, or rent so purchased, and as to the laud to be liable thereto, and such other provisions as appear to the Court necessary for carrying into effect this enactment.


asked whether this sub-section was necessary? It was very complicated, and had the curious effect of compelling the man who sold to buy an annuity. He was not at all sure that the Land Commission would have jurisdiction over the person with whom it was proposed to deal—not the landlord or the tenant, but some person who was indemnifying the land from the rent-charge.


said that the clause had been drawn by those specially competent to deal with the question. He was assured that the clause was necessary and workable.

Amendment agreed to.


moved, to leave out Clause 32, as he was informed that it was practically provided for by the new Clause 30.


It is not all provided for.

Amendment, by leave, withdrawn.

Clause 33,—