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A.D. 1906.

Landlord's right to object.

(2) A tenant shall not be entitled to any twenty-five years as will repay such outlay in A.D. 1906. compensation in respect of any improvement the said period, with interest at the rate of made either before or after the passing of this three pounds per centum per annum. Any Act which the landlord bad undertaken to annual sum charged against a tenant under make, except in cases where the landlord has this subsection shall be recoverable as rent. failed to perform his undertaking within the (3) A tenant shall not be entitled to claim time agreed on between him and the tenant, compensation in respect of any improvements or within a time wbich, in the opinion of the made after the passing of this Act unless he court, is a reasonable time.

has given notice thereof under this section, (3) A tenant shall not be entitled to any and (in case the landlord has given notice compensation in respect of any improvement of objection thereto) the improvements have made, whether before or after the passing of been sanctioned by the court: Provided that this Act, in contravention of a contract in where any sanitary authority under the Public writing not to make the improvement.

Health (Ireland) Acts, 1878 to 1900, or the
(4) A tenant shall not be entitled to any Housing of the Working. Classes (Ireland)
compensation in respect of any improvement Acts, 1890 to 1896, requires the owner or
made, whether before or aïter the passing of occupier to make any improvements or execute
this Act, in pursuance of a contract entered any works in the holding, the occupier, upon
into for valuable consideration, including a the landlord's default, may make or execute
building lease.

(subject to the provisions of the preceding
(5) A tenant shall not be entitled to claim subsection) such improvements or works, and
compensation for any improvement made be- such improvements or works shall be deemed
fore the passing of this Act, except permanent to be improvements within the meaning of this
buildings, unless made within ten years before Act.
the date of such claim.

4. Where, in the case of any holding, there Conditions

of compen3.—(1) Where a tenant of a holding proposes are several persons standing in the relation to

sation. after the passing of this Act to make improve

each other of landlord and tenant, the following ments in his holding, he shall send to his land

provisions shall apply:lord notice, in the prescribed manner, of his

Any mesne landlord against whom a elaim intention to make such improvements, to

arises under this Act shall, at the end of gether with a specification and plan of the

his term, be entitled to claim compensation proposed improvements, and if the landlord or

against his immediate landlord in like

manner and on the same conditions as if
his known agent does not, within three months
after the receipt of the notice, send notice of

he had himself made the improvements in
objection, in the prescribed manner, to the

question: tenant, the tenant may proceed to make the

A mesne landlord shall not be entitled to

make a claim under this section anless he
proposed improvements; but, if the landlord
or his agent sends such notice objecting to all

has, within the time and in the manner
or any of the improvements, the tenant may,

prescribed, sent to his immediate landlord in the prescribed manner, apply to the court,

or his agent copies of all documents reand the court may, if satisfied that the im.

lating to proposed improvements or claims provement will add to the letting value of the

which have been sent to him, in pursuance holding, and is reasonable and suitable to the

of the last preceding section. The said character thereof, and will not diminish the

immediate landlord shall thereupon have,

in addition to the mesne landlord, the
letting value of any other property of the
same landlord, sanction all or any of the pro-

powers conferred by or in pursuance of
posed improvements, making such modifica-

the last preceding section in like manner tions in the specification or plan as the court

as if he were the immediate landlord of thinks fit.

the occupying tenant, and shall, in the (2) Provided always that the landlord may,

manner and to the extent prescribed, be

bound by the proceedings.
at any time after receiving the tenant's notice
or during the hearing by the court or after the 5.-(1) Where the landlord, without good Compensa-
decision cf the court, undertake to execute the and sufficient cause, terminates or refuses to tion for
improvement himself, and may execute the grant a renewal of the tenancy, or it is proved able dis-
same in a reasonable and proper manner, and that an increase of rent is demanded from the turbance.
charge the tenant with a sum not exceeding tenant as the result of improvements which

five pounds per centum per annum on the have been effected at the cost of such tenant,
ontlay incurred in executing the improvement, and for which he has not, either directly or
or at the election of the tenant not exceeding indirectly, received an equivalent from the
such annual sum payable for a period of landlord, and such demand results in the tenant



A.D. 1906. quitting the holding, the tenant upon quitting case, be of opinion that such contract was A.D. 1906.

the holding shall, in addition to the compen- reasonable and that it was entered into by the
sation (if any) to which he may be entitled in parties without any direct or indirect com.
respect of improvements, and notwithstanding pulsion.
any agreement to the contrary, be entitled to

10.-(1) The conrt for the determination of Jurisdiction compensation for the loss of goodwill and the

all matters under this Act shall be the county

of the county expense which, by reason of his quitting the

court having jurisdiction where the holding is holding, he sustains or incurs upon or in con.

situate. nection with the removal of his goods, imple

(2) Subject to the provisions of this Act, ments, produce, or stock.

rules for regulating proceedings in a county In tbe event of any difference arising as to court under this Act may be made in acany matter under this section, the difference

cordance with the County Courts (Ireland)
shall, in default of agreement, be settled by

Acts, 1851 to 1889, and such rules may (inter
the court.
(2) This section shall apply only to houses,

alia) provide for-
sbops, and other buildings occupied wholly or

(a) the manner in, and the time within,

which notices under this Act shall be to a substantial extent for trade or business

served ; purposes, and which are held (a) under tenancies

(6) the manner in which notices, orders, from year to year created after the passing of

and other documents under this Act may this Act, or (6) under leases made after the

be authenticated ; passing of this Act for terms of less than

(c) (subject to the provisions of this Act) thirty-one years, or for a life or lives, or (c)

the particulars to be inserted in any
under contracts of tenancy existing at the notice to any person or in any application
passing of this Act where the rent of the

to or order made by the court under this
holding is under one hundred pounds per Act.

(3) Any rules under this section shall be Sums to be 6. Out of any moneys payable to a tenant

made after consultation with, or notice of condeducted by under this Act, all sums due to the landlord

sultation sent to, the President of the Incorlandlord.

from the tenant or his predecessors in title in porated Law Society of Ireland.
respect of rent, or in respect of any deteriora- 11.-(1) Any person aggrieved by any deter. Appeals.
tion of the holding arising from any non- mination of the county court under this Act
observance on the part of the tenant of any may appeal either-
express or implied covenant or agreement, may (a) to the judge of assize or a judge of the
be deducted by the landlord, and also any taxes High Court, as the case may be, in ac.
payable by the tenant due in respect of the cordance with the provisions of the County
holding and not recoverable by him from the Courts (Ireland) Acts, 1851 to 1889, re.

lating to appeals in the case of ordinary

civil bills; or Exceptions.

7. A tenant who is evicted for breach of any condition of his tenancy shall not be entitled

(b) to the Court of Appeal in accordance

with rules of the Supreme Court: to any compensation for disturbance under

Provided that if in any proceedings appeals this Act,

are taken both to the judge of assize or a Exclnsion 8. This Act shall not apply to any holding judge of the High Court and to the Court of

let to the tenant during his continuance in holdings.

Appeal, the appeals shall be heard together
any office, appointment, or employment, or by such judge, and a further appeal may be
for the temporary convenience, or to meet a taken from his determination to the Court
temporary necessity, either of the landlord or of Appeal in accordance with rules of the
tenant, provided that any such letting made Supreme Court.
after the passing of this Act shall be by con-
tract in writing which shall express the pur.

12. Sections eighteen, twenty-one, twenty- Proceeding pose for which such letting is made.

three, twenty-six, and twenty-seven of the in respect

Landlord and Tenant (Ireland) Act, 1870, 33 & 34 Puti Prohibition 9. Any contract (other than a contract either shall, so far as they are applicable, apply to c. 46. of contract- to make or not to make an improvement) proceedings in respect of claims under this ing out.

made whether before or after the passing of Act; and the said section twenty-three shall
this Act, by virtue of which a tenant would have effect as if “county court were sab.
be, direcily or indirectly, deprived of his right stituted therein for “civil bill couro”; and
to obtain compensation under this Act, shall the duty imposed upon the court by the said
be void unless the court adjudicating upon a section twenty-seven shall, on the application
claim for compensation by such tenant shall, of a limited owner, be performed as well
having regard to all the circumstances of the where compensation is awarded by the court

a certain

may take an assignment of any charge made A.D. 1306. by a county court under the provisions of this Act, upon such terms and conditions as may be agreed upon between such company and the person entitled to such charge; and such company may assign any charge so acquired by them to any person or persons whom


c. 52.

A.D. 1908. as where the amount of compensation is

agreed upon. Right of

13. The landlord of a holding, or any person entry.

authorised by him, may at all reasonable times enter on the holding, or any part of it, for the

purposes of this Act. Application 14. Capital money arising under the Settled of capital money

Land Act, 1892, may be applied in payment of under ang moneys expended and costs incurred by a 45 & 4€ Vict. landlord under or in pursuance of this Aci in c. 38.

or about the execution of any improvement, as for an improvement authorised by the said Settled Land Act; and such money may also be applied in discharge of any charge created on a holding under or in pursuance of this Act in respect of any such improvement as aforesaid, as in discharge of an incumbrance authorised by the said Settled Land Act to be

discharged ont of such capital money. Provision 15. Where the landlord is a person entitled in case of trustees.

to receive the rents and profits of any holding
as trustee, or in any character otherwise than
for bis own benefit, the amount due from such
landlord in respect of compensation under this
Act shall be charged and recovered as follows,
and not otherwise (that is to say) :-
(1) The amount so due shall not be recover-

able personally against such landlord, nor
shall he be under any liability to pay such
amount, but the same shall be a charge
on and recorerable against the holding

only ; (2) Such landlord shall, either before or

after having paid to the tenant the amount due to him, be entitled to obtain from the county court a charge on the holding to the amount of the sum required to be paid or which has been paid, as the case

may be, to the tenant. (3) If such landlord neglect, or fail within one month after the tenant has quitted his holding, to pay to the tenant the amount due to him, then after the expiration of such one month the tenant shall be entitled to obtain from the county court in favour of himself, his executors, administrators, and assigns, a charge on the holding to the amount of the sum due to him, and of all costs properly incurred by him in obtaining the charge or ir raising the amount due thereunder.

(4) The court shall, on proof of the tenant's title to bave a charge made in his favour, make an order charging the holding with payment of the amount of the charge, including costs, in like manner and form as in case of a charge which a landlord is entitled

to obtain. Advance 16. Any company now or hereafter incormade by a porated by Parliament, and having power to company.

advance money for the improvement of land,

17. The holdings to which the provisions Holdings to of this Act relating to compensation for im- which Act

applies. provements apply are houses, shops, and other buildings situate in urban districts, towns, or villages, and occupied either for residential or for business purposes, or partly for residential and partly for business purposes.

18. The following expressions in this Act Definitions. shall, unless the context otherwise requires, have the meanings herein-after respectively assigned to thern (that is to say):

Landlord” shall have the same meaning
as in section one of the Landlord and

23 & 24 Vict. 'Tenant Law Amendment Act, Ireland, c. 154. 1860; • Owner" shall have the same meaning as

in section two of the Public Health 41 & 42 Vict.

(Ireland) Act, 1878;
“ Tenant" shall mean any person entitled

in actual possession to the holding under
any contract of tenancy for a year or for
any longer period, whether the interest of
such tenant shall have been acquired by
original contract, lawful assignment,
bequest, devise, or act and operation of

“Lease" means a lease,, as.

signment operating as a lease or under-
lease, or an agreement for such lease,

under-lease, or assignment;
• Rules" includes forms;
“ Prescribed " means prescribed by rules of

the county court :
The expression "predecessor in title" shall

have the same meaning as in the Land-
lord and Tenant (Ireland) Act, 1870, as
amended by section seven of the Land 41 & 45 Vict.

Law (Ireland) Act, 1881. 19. Improvements by a landlord or tenant Registration on any hulding may be registered in the of improvemanner provided by section six of the Land. lord and Tenant (Ireland) Act, 1870, but the court in which the improvements may be registered shall be the court within the meaning of this Act, and the said section for the purposes of this section shall be deemed to be incorporated in this Act.

20. Tbis Act shall come into operation on Commencethe first day of January nineteen hundred and ment of Act.

C. 49.



21. This Act may be cited as the Town Short title, Tenants (Ireland) Act, 1906.

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An Act to provide for the appointment sembled, and by the authority of the same, as
of a Public Trustee and to amend the

Law relating to the administration of

ESTABLISHMENT OF PUBLIC TRUSTEE. Trusts. [21st December 1906.] 1.-(1) There shall be established the office Office of of public trustee.

public Be it enacted by the King's most Escellent (2) The public trustee shall be a corporation Majesty, by and with the advice and con- sole under that name, with perpetual successent of the Lords Spiritual and Temporal, sion and an official seal, and may sue and be and Commons, in this present Parliament as. sued under the above name like any other


duties of


c. 23.

A.1). 1906. corporation sole, but any instruments sealed

by him shall not, by reason of his using a seal, be rendered liable to a higher stamp duty than if he were an individual.


2.-(1) Subject to and in accordance with powers and

the provisions of this Act and rules made public thereunder, the public trustee may, if he

thinks fit-
(a) act in the administration of estates of

small value;
(6) act as custodian trustee;
(c) act as an ordinary trustee ;
(d) be appointed to be a judicial trustee;

(e) be appointed to be the administrator of 33 & 34 Vict.

the property of a convict under the For.

feiture Act, 1870. (2) Subject to the provisions of this Act, and to the rules made thereunder, the pablic trustee may act either alone or jointly with any person or body of persons in any capacity to which he may be appointed in pursuance of this Act, and shall have all the same powers, duties, and liabilities, and be entitled to the same rights and immunities and be subject to the control and orders of the court, as a private trustee acting in the same capacity.

(3) The public trustee may decline, either absolutely or except on the prescribed conditions, to accept any trust, but he shall not decline to accept any trust on the ground only of the small value of the trust property.

(4) The public trustee shall not accept any trust which involves the management or carrying on of any business, except in the cases in which he may be authorised to do so by rules made under this Act, nor any trust under a deed of arrangement for the benefit of creditors, nor the administration of any estate known or believed by him to be insolvent.

(5) The public trustee shall not accept any trust exclusively for religious or charitable purposes, and nothing in this Act contained, or in the rules to be made under the powers in this Act contained, shall abridge or affect the powers or duties of the official trustee of charity lands or official trustees of charitable funds.

(1) In the administration of small Estates. Administra- 3.-(1) Any person who in the opinion of tion of small the public trustee would be entitled to apply

to the court for an order for the administration by the court of an estate, the gross capital value whereof is proved to the satisfaction of the public trustee to be less than one thousand pounds, may apply to the public trustee to administer the estate, and, where any such application is made and it appears to the public trustee that the persons beneficially entitled are persons of small means, the public trustee

shall administer the estate, unless he sees good A.D. 1906. reason for refusing to do so.

(2) On the public trustee undertaking, by declaration in writing signed and sealed by him, to administer the estate the trust property other than stock shall, by virtue of this Act, vest in him, and the right to transfer or call for the transfer of any stock forming part of the estate shall also vest in him, in like manner as if vesting orders had been made for the purpose by the High Court under the Trustee 56 & 57 Vict. Act, 1893, and that Act shall apply accordingly. c. 53. As from such vesting any trustee entitled under the trust to administer the estate shall be discharged from all liability attaching to the administration, except in respect of past acts : Provided that (a) the public trustee shall not exercise

the right of himself transferring the
stock without the leave of the court;

(6) this subsection shall not apply to any
copyhold land forming part of the
estate, but the public trustee shall, as
respects such land, have the like powers
as if he had been appointed by the court
under section thirty-three of the Trustee
Act, 1893, to convey the land, and section
thirty-four of that Act shall apply ac-

(3) For the purposes of the administration
the public trustee may exercise such of the
administrative powers and authorities of the
High Court as may be conferred on him by
rules under this Act, subject to such conditions
as may be imposed by the rules.

(4) Rules shall be made under this Act for enabling the public trustee to take the opinion of the High Court on any question arising in the course of any administration without judicial proceedings, and otherwise for making the procedure under this section simple and inexpensive.

(5) Where proceedings have been instituted in any court for the administration of an estate, and by reason of the small value of the estate it appears to the court that the estate can be more economically administered by the public trustee than by the court, or that for any other reason it is expedient that the estate should be administered by the public trustee instead of the court, the court may order that the estate shall be administered by the public trustee, and thereupon (subject to any directions by the court) this section shall apply as if the ad. ministration of the estate had been undertaken by the public trustee in pursuance of this section.

(2) A8 Custodian Trustee. 4.-(1) Subject to rules under this Act the Custodian public trustee may, if he consents to act as trustee.

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