Page:The Irish land acts; a short sketch of their history and development.djvu/61

47 Game Act, 1880, sporting rights exclusive of the tenant, those rights may, by agreement between the vendor and purchaser, be either conveyed to the purchaser or be expressly reserved to the vendor, and, in the absence of such agreement, those rights shall be vested in the Land Commission.

Mortgages on Vested Holdings.

As between the Land Commission and the proprietor for the time being of any holding "for the purchase of which the Land Commission have, after the commencement of the Irish Land Act, 1903, made any advance under the Land Purchase Acts, Section 54 of the Act provides that the said proprietor shall not, without the consent of the Land Commission, mortgage or charge the holding, or any part thereof, for any sum or sums exceeding in the aggregate ten times the amount of the purchase annuity payable in respect of the holding (or part) upon the making of the advance; and every instrument of mortgage or charge on a holding (or part thereof) by which the holding (or part) is charged with any larger sum, shall be null and void as to the excess. Where part of a holding is mortgaged or charged, the Land Commission shall, for the purpose of this enactment, estimate the amount of the purchase annuity payable in respect of that part. The consent of the Land Commission under this enactment may, in the case of a charge created by a will, be given at any time, whether before or after the death of the testator.

Every instrument of mortgage or charge on the holding after the commencement of the Act of 1903, other than a charge under any Public Works Act, should be registered under the Local Registration of Title (Ireland) Act, 1891, as a burden affecting that holding; and if not so registered within three months from the date of execution by the mortgagor or chargeant—or, in the case of a charge created by will or codicil, within six months from the death of the testator—it becomes null and void.

The time limit in the case of a charge created by will or codicil was extended by the Irish Land Act, 1907, to twelve months from the date of the grant of probate of the will or letters of administration with the will annexed, as the case might be.

Sub-division and Sub-letting of Purchased Holdings.

Section 30 of the Land Act of 1881 provided that if the tenant purchaser sub-divided or let his holding without the consent of the Land Commission before the purchase annuity was paid off or if the title to the holding was divested from the proprietor by bankruptcy, or if on his decease the holding would become sub-divided or vested in more than one person, the Land Commission might cause the holding to be sold. These provisions were practically re-enacted by Section 54 of the Land Act of 1903.