Page:Public General Statutes 1896.djvu/423

1896.

Amendment Act, 1888, and the holding of such tenant shall not be taken into consideration in estimating the three-fourths above mentioned:
 * (e.) Subject to the prescribed rules, including rules as to security for costs, any person aggrieved by any order of the Land Judge made under this section may, with the leave of the Land Judge or of the Court of Appeal, appeal to the Court of Appeal, whose decision shall be final:
 * (f.). Whre a receiver has been appointed over part of an estate this section shall apply to that part in like manner as if it were an estate:
 * (g.) The foregoing provisions of this section shall apply only to holdings which are agricultural or pastoral, or partly agricultural and partly pastoral.

(2.) Any person in occupation of and paying rent for a parcel of land (including the owner of an estate in occupation of a mansion house or demesne forming part of the estate) held under a letting by the Land Judge or Receiver Judge may agree to purchase such parcel of land, and the same shall be deemed a holding, and such person a tenant, and the Land Judge or Receiver Judge, as the case may be, a landlord within the meaning of the Land Purchase Acts.

(3.) At any time after an absolute order for the sale of an estate or part of an estate has been made in pursuance of the Landed Estates Court (Ireland) Act, 1858, the foregoing provisions of this section so far as they are applicable may upon the application of the owner be applied to such estate, although a receiver has not been appointed over the estate, and the estate is not so circumstanced that it would, independently of this Act, be sold without the consent of the owner as to price; provided that no advance shall be made to the owner to purchase any mansion house or demesne forming part of the estate.

(4.) Rules under Part Two of this Act may be made for carrying into effect this section.

41. Any person aggrieved by the order of a Land Commissioner acting alone in carrying the Land Purchase Acts as amended by this Act into effect may, if such Commissioner was not a Judicial Commissioner and the question is one of law, require the case to be reheard by a Judicial Commissioner, and in any other case may require the question to be reconsidered by a Judicial Commissioner and two other Commissioners, one of whom shall be a Commissioner appointed under the Purchase of Land (Ireland) Act, 1885, except where, owing to unavoidable absence, illness, or a vacancy in office,such a. Commissioner is not available; provided that if the Judicial Commissioner thinks it desirable the case shall be re-heard by those three Commissioners. 42. A mortgagee in possession with power of sale shall for all the purposes of the Land Purchase Acts be deemed to be a landlord.