I move amendment No. 11:—
Before Section 8 to insert a new section as follows:—
(1) Where the Land Commission have, before the passing of this Act, resumed a holding, the tenant's interest shall be deemed to have vested, discharged from the claims against such interest, in the Land Commission on the date on which they took possession of the holding, or the date on which they were authorised to resume the holding where that date was later than the date on which they took possession, and those claims shall be deemed to have on that date ceased as against the holding and become attached to the resumption price of the holding, that is to say, the compensation paid or to be paid therefor by the Land Commission, in like manner as they were attached to the holding immediately before that date.
(2) Where the Land Commission have, whether before or after the passing of this Act, been authorised to resume a holding, they shall be entitled to enter upon and take possession of the holding and—
(a) the provisions of Section 19 of the Land Act, 1927, as amended by this Act, shall apply to the holding in like manner as they apply to the lands vested in the Land Commission referred to in that section, and
(b) The tenant's interest shall vest, discharged from the claims against such interest, in the Land Commission on the date on which they take possession of the holding, or the date on which they have been authorised to resume the holding where that date is later than the date on which they take possession, and those claims shall on that date cease as against the holding and become attached to the resumption price of the holding, that is to say, the compensation to be paid therefor by the Land Commission, in like manner as they were attached to the holding immediately before that date.
(3) A certificate under the common seal of the Land Commission certifyingthat the tenant's interest in a specified holding vested or is deemed to have vested in the Land Commission on a specified date (being the date on which the Land Commission took possession of the holding or the date on which the Land Commission were authorised to resume the holding where that date was later than the date on which they took possession) shall beprima facieevidence of the fact so certified.
(4) All powers exercisable under the Land Purchase Acts in relation to a superior interest may be exercised in relation to a claim within the meaning of this section.
(5) In this section—
"holding" includes part of a holding and, when used in the expressions "against the holding" and "attached to the holding", includes the tenant's interest;
"tenant's interest" includes interests of joint tenants and tenants in common;
"claims" includes the claim of any person interested in respect of any incumbrance, annuity, rent, rent-charge or otherwise however, save that it does not include any public right, the interest of any sub-tenant or of any person having a claim upon that interest or a claim in respect of any easement, right or appurtenance mentioned in Section 34 of the Land Law (Ireland) Act, 1896;
"resumption price" means resumption price whether fixed or to be fixed and, in the latter case, includes interest payable by virtue of sub-section (4) of Section 39 of the Land Act, 1939.
(6) Nothing in this section shall affect—
(a) sporting rights as defined in sub-section (2) of Section 13 of the Irish Land Act, 1903, fisheries appurtenant to a holding within the meaning of sub-section (1) of Section 3 of the Land Act, 1929, or water rights, where such sporting rights, fisheries or water rights are not in the possession or enjoyment of the tenant at the date on which possession of the holding isobtained by the Land Commission, or
(b) any right to water power in actual use by the tenant at the date on which possession of the holding is obtained by the Land Commission, except where such use ceased on that date, or
(c) any mine or quarry being worked or developed by the tenant or his lessee at the date on which possession of the holding is obtained by the Land Commission, or
(d) any right of mining or taking minerals or digging or searching
for minerals on or under a holding, provided that this sub-section shall not apply to any stone, gravel, sand or clay.
This section relates to holdings resumed from tenants as distinct from untenanted land acquired by the Land Commission and makes provision for resumed holdings similar to those already existing for untenanted land and thus fills in what we might term to be a statutory background for practices which are already followed in these resumption cases. I am informed also that it removes a doubt as to whether a conveyance from the tenant is necessary in certain cases by providing for the automatic vesting of the tenant's interest in the Land Commission. One would imagine that there would be no doubt about it and it seems to be a very national doubt, but our legal advisers feel that, if there is any doubt whatever, it ought to be cleared up.
Consequential provision is made for the transfer of claims against that interest to the resumption price. Sub-section (2) (a) confirms the power of the Land Commission to proceed in the same manner as in the case of untenanted land where possession of a holding which they are authorised to resume is withheld. There are certain anomalies that may have arisen where possession has been withheld with regard to the question of interest and charges attributable to the Land Commission and the general idea is to straighten out those anomalies in future.