HL Deb 10 August 1896 vol 44 cc335-7

(1.) The Land Commission shall prepare the vesting order, or if they see ht to dispense therewith, shall fiat the agreement for the purchase of the holding, subject to such conditions, exceptions, and modifications as they think necessary; and on the advance being paid into the High Court, such fiat shall have effect as if it were a vesting order 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, the prescribed particulars as to the holding, in order that the title of the purchaser to the ownership of the holding may be 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 exorcised 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.


moved to omit Sub-section (1). He thought it would be better for all concerned that the landlord's solicitor, who was certain to be fully acquainted with all the circumstances of the holding, should continue to prepare the vesting order. If the duty of preparing it were thrown upon the Land Commission, they would have to summon the solicitor to the vendor in each case—which would increase the costs—and they would have to engage a large staff of additional clerks to do the work.


said the provision which the noble Lord proposed to omit was inserted by the Government in order to facilitate and quicken, and it might be cheapen, the purchase operations of the Land Commission. It was found that the present arrangement, by which the solicitor to the vendor provided the vesting order, was sometimes the cause of delay, as the Land Commission had to wait until the solicitor brought in the vesting order. It had been found necessary that the preparation of the vesting order should be made more rapid; but the change proposed would not dispense the solicitors of the parties from the duty of seeing that the vesting order was in proper shape. He could not see that the proposal would lead to any increase of cost, and it would certainly lead to a substantial decrease of delay. As to the fiat, the Land Commission would only proceed by fiat when the vesting order was dispensed with; and as the whole proceedings were in the hands of competent lawyers, the fiat would never be substituted for the vesting order unless it was desirable.


thought it would lead to much less trouble if the vesting order were left to the landlord's soliciter. But, of course, the noble and learned Lord's statement altered the case, and he should not press the Amendment.


suggested the addition of some words which would indicate that it was the duty of the Land Commission to prepare the vesting order with reasonable dispatch. There was nothing in the clause to put any time limit to the task.


thought the words suggested would be unnecessary.

Amendment, by leave, withdrawn.

Clause 32,