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Dáil Éireann díospóireacht -
Friday, 6 Aug 1920

Vol. F No. 16

DEPARTMENT OF AGRICULTURE, NATIONAL LAND COMMISSION. - Powers of Land Commission.

9. (1) For the purposes of this Decree the Land Commission shall have full power and jurisdiction to hear and determine all matters, whether of law or fact, relating to land other than matters properly referable to the Common Law Court and Chancery Division, as at present defined, and may of its own motion, or shall on the application of any party to any proceeding pending before it (unless it considers such application frivolous or vexatious), state a case in respect to any question of law arising in such proceedings and refer the same for the consideration and decision of the Supreme Court of Judicature.
(2) The Land Commission may also, in case it thinks fit, permit any party aggrieved by the decision of the Land Commission to appeal in respect of any matter arising in proceedings before it, provided that no appeal from the Land Commission to the Supreme Court of Judicature shall be permitted in respect of any decision as to any question of value or any matter left in the discretion of the Land Commission.
The decision of the said Supreme Court of Judicature on any such question referred to it shall be final and conclusive.
(3) The Land Commission, with respect to the following matters, viz.—
(a) Enforcing attendance of witnesses, examination of witnesses orally or otherwise and the production of deeds and documents; and
(b) Issuing any Commission for examination of witnesses; and
(c) Punishing persons refasing to give evidence or produce documents or guilty of contempt in presence of the Land Commission or any member of it sitting in open Court; and
(d) Enforcing any order made by it for the purpose of carrying into effect the provisions of this Decree;
shall have all such powers and privileges as are usually vested in Judicial Tribunals for such or the like purposes.
(4) In determining any question relating to land the Commission may direct an independent valuer to report to it his opinion on any matter it may refer to such valuer, such report to be accompanied by a statement (if directed) of such material facts as may be required for the purpose of enabling the Commission to form a judgment as to the subject matter of such report, and the Commission may, or may not, as it thinks fit, adopt such report.
(5) For the purpose of carrying the provisions of this Decree into effect there shall be vested in the Land Commission the following powers, viz.—
(a) To receive applications for recommendations to the National Co-operative Land Mortgage Bank already constituted or to a Joint Stock Bank or to such other Co-operative Bodies or person or persons as to the Land Commission may seem fit for the acquisition of any untenanted land, with a view to a subsequent leasing of such land or for an advance of any portion of the purchase money thereof to enable such land to be purchased for the purpose of this Decree.
(b) To investigate the circumstances relating to such land and to procure such reports as to value, situation, and the general suitability of such land for acquisition for the purposes of this Decree as it may, in its discretion, deem fit.
(c) After full consideration of such application, and the consequential reports thereon, to recommend or to refuse to recommend to the National Co-operative Land Mortgage Bank, or to a Joint Stock Bank, such land either for purchase by such Bank or for an advance to such Society or Corporate Body or person or persons as aforesaid of part of the purchase money thereof, as the case may be.
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