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right within the meaning of this section, and shall be appurtenant to or exercisable over the holding, as the case may be.

(2.) The vesting order may, if the Land Commission think fit, declare that the sale is made subject to or free from any particular easement, right, or appurtenance, and such declaration shall have full effect.

(3.) This section shall extend to any sale or declaration of title, made by the Land Judge in pursuance of the Landed Estates Court (Ireland) Act, 1858, in like manner as if it were herein re-enacted with the necessary modifications.

35.—(1.) Where an agreement for the purchase of a holding is made after the commencement of this Act and is lodged with the Land Commission, the purchaser shall, in the event of the sale being carried out, be discharged form all liability to the vendor in respect of any liabilities affecting the holding at the date of the agreement, including all rent and arrears existing at such date; but if the advance is refused the agreement shall be void, and the tenant shall be liable to pay rent and arrears as if the agreement had not been made. Provided that no proceeding in respect of the said rent and arrears existing at the date of the agreement shall be brought pending the carrying out of the sale.

(2.) Interest on the purchase money from the date of the said agreement until the day from which the purchase annuity begins, shall be payable half-yearly on the first day of May and first day of November by the purchaser, and shall be paid to, and be collected and recoverable by, the Land Commission, in like manner as if it were an instalment of the purchase annuity charged upon the holding, and when received by them shall as respects the period subsequent to the date of the advance be applied in payment of the interest due under section twenty of the Land Law (Ireland) Act, 1887, and subject thereto shall be paid to the person in receipt of the rent at the date of the agreement or such other person as may prove himself to be entitled thereto, and if the advance is refused shall be allowed by the landlord to the tenant as a payment on account of rent.

36. Where a sale of a holding is made by a landlord to a purchase of tenant in consideration of the tenant paying a fine and engaging to pay to the vendor a rentcharge, the Land Commission may, if satisfied with the security, make an advance under the Land Purchase Acts as amended by this Act to the tenant for the purposes of such purchase of any sum not exceeding the amount of the fine payable to the landlord, subject as follows: —


 * (a.) The advance shall not exceed the saleable value of the landlord's interest in the holding after deducting such sum as appears to the Land Commission to be the capital value of the rentcharge:


 * (b.) The advance shall not be made where the rentcharge exceeds half the rent which, in the opinion of the Land Commission, would be a fair rent for the holding:


 * (c.) An ejectment for nonpayment of rent shall not be brought in respect of the rentcharge: