Page:Public General Statutes 1896.djvu/422

402 extended to include a power to make regulations for the application of those moneys towards defraying any costs incurred at any time after the passing of the said Act of 1891 in providing such cottages.

40.—(1.) Where an absolute order for the sale of an estate, comprising holdings to which this section applies, has been made under the Landed Estates Court (Ireland) Act, 1858, and either a receiver has been appointed over the estate or the estate is so circumstanced that it would independently of this Act be sold without the consent of the owner as to price, the following provisions shall have effect: —
 * (a.) The Land Commission shall, at the request of the Land Judge, cause the estate to be inspected, and a report to be made by two Commissioners respecting the estate, and the circumstances thereof, and the price at, and the Conditions under which, the sale of the holdings to the tenants under the Land Purchase Acts can properly be made:
 * (b.) The Land Judge, after giving all parties, including the tenants, an opportunity of being heard, and considering the report and any offers that may be made for the purchase of the estate or any part thereof, and any other matters that may be brought before him, and the general circumstances of the estate, shall make to the person appearing to be in occupation as tenant of each holding on the estate an offer to sell to him the fee-simple of the holding, discharged from the arrears of rent then due from him in respect thereof, at such price, and subject to such conditions, whether as to the payment of part of the price in cash, or as to the offer to one tenant being conditional on the acceptance by other tenants of the offers made to them within a limited time, or otherwise, as the Land Judge may consider reasonable and just, having regard to the interest of all persons interested in the estate:
 * (c.) The offer shall be communicated in such manner as the Land Commission think fit to the person appearing to be in occupation as tenant, and, if it is accepted, then on fulfilment of the conditions the said person shall be deemed to have agreed to purchase the holding within the meaning of the Land Purchase Acts, and the sale shall be completed accordingly:
 * (d.) If it appears to the Land Judge that the tenants of holdings on the estate to the extent of not less than three-fourths in number and value according to the rateable value under the Irish Valuation Acts, have accepted the offers under this section, he may, if, having regard to the circumstances of the case he thinks it expedient, order that the remaining tenants or any of them shall be deemed to have accepted the offers made to them, and this section and the Land Purchase Acts shall apply accordingly; provided that such order shall not apply to any tenant if the purchase-money of his holding would exceed the limitation on the amount of the advance imposed by section two of the Purchase of Land (Ireland)