« EelmineJätka »
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
(subject to the provisions of the preceding
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
he had himself made the improvements in
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
has, within the time and in the manner
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
powers conferred by or in pursuance of
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.
five pounds per centum per annum on the have been effected at the cost of such 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
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)
Acts, 1851 to 1889, and such rules may (inter
alia) provide for-
(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
to or order made by the court under this
(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.
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
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
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
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
able personally against such landlord, nor
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
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;
in actual possession to the holding under
signment operating as a lease or under-
under-lease, or assignment;
the county court :
have the same meaning as in the Land-
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.
21. This Act may be cited as the Town Short title, Tenants (Ireland) Act, 1906.
An Act to provide for the appointment sembled, and by the authority of the same, as
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
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.
POWERS AND DUTIES OF Po LIC TRUSTEE General
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
(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
(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.