Agricultural Credit Act , 1947

(c) such conveyance shall have the same effect and operation as if the mortgagor was at the date of the instrument of charge beneficially entitled to the estate or interest in the said land created by any agreement or undertaking to purchase entered into or deemed to have been entered into with the Land Commission by him or his predecessors in title in respect of the said land freed from all interests, incumbrances and claims other than those saved and excepted by section 42 of this Act, but subject to all conditions (whether statutory or contained in any such agreement or undertaking to purchase) which affected the mortgagor's estate or interest in the said land immediately before the sale thereof by the Corporation.

(3) The purchase money arising from a sale by the Corporation in exercise of its powers of sale (other than a sale by order or direction of the Court) of land subject to a priority charge shall, after discharge of prior incumbrances to which the sale is not made subject, if any, and over which such priority charge has not been given priority by the Acts or by this Act, be applied in discharge of the principal money and interest due on the security of the said priority charge and in payment of the costs, charges and expenses properly incurred by the Corporation as incident to the sale or any attempted sale of such land and the residue of such purchase money shall be paid to the mortgagor or other person or persons authorised to give receipts for the proceeds of sale of the property charged, provided always that in any case of doubt as to the person or persons entitled to receive such residue the Corporation shall pay the same into Court pursuant to the provisions of the Trustee Act, 1893, or the provisions of that Act and of the County Officers and Courts (Ireland) Act, 1877, as the case may be.

(4) If at any time after the money secured by a priority charge becomes due, the Corporation institutes proceedings in the High Court or in the Circuit Court to realise its security and obtains an order or decree for sale of the land charged or any part thereof in default of payment of the amount due to the Corporation, the Court may, at the request of the Corporation, direct that the land be sold by the Corporation out of Court (with liberty to the Corporation to bid at such sale) at any time after the expiration of the period fixed for payment by the said order or decree (notwithstanding that any account of debts and incumbrances, inquiry as to priorities or other account or inquiry directed by the said order or decree has not been taken or made at the time of sale) and the Court may fix the reserved price and the remuneration of the auctioneer and may direct that the residue of the purchase money produced by such sale, after payment and discharge thereout of all prior incumbrances to which the sale is not made subject, if any, and over which such priority charge has not been given priority by the Acts or this Act, and the principal money, interest and costs due to the Corporation together with the costs and expenses of and incident to the sale, be paid into Court to the credit of the suit and such direction may be given by the Court in the absence of any evidence that all or any parties interested in the land ordered to be sold are before the Court or are bound by the order or decree for sale and such sale shall not be deemed to be proceedings altogether out of Court.

(5) Nothing in this section shall be construed as affecting any powers of resumption of land conferred on the Land Commission by the Land Purchase Acts.

50 Sale by Land Commission of land subject to a charge in favour of the Corporation.

50.—Where—

(a) land is offered for sale by the Land Commission under any statutory power in that behalf vested in them, and

(b) such land is subject to a charge in favour of the Corporation to secure the repayment of money, and

(c) such money is expressed in the instrument of charge to have been advanced for permanent improvement purposes and for no other purpose.

such land shall be sold subject to such charge in addition to any other charge, incumbrance or liability subject to which such land is required to be sold.

51 Charges by evicted tenants.

51.—Notwithstanding anything contained in section 35 of the Land Act, 1927 (No. 19 of 1927),—

(a) a priority or other charge in favour of the Corporation created by an evicted tenant on a parcel of land purchased by him under the Land Purchase Acts shall be a good and valid charge on the said land,

(b) the Corporation may enforce such priority or other charge by any process or proceeding of law.

52 Adaptation of references in other enactments to permanent improvement charges.

52.—Every reference in any enactment (other than this Act) to a permanent improvement charge under the Acts shall be construed as a reference to a charge on land in favour of the Corporation to secure any money which is expressed in the instrument of charge to have been advanced for permanent improvement purposes.

PART V. Miscellaneous Provisions.

53 Evidence of indebtedness to the Corporation.

53.—Notwithstanding anything contained in any rules of court or in the Enforcement of Courts Orders Acts, 1926 to 1940, in any proceedings in any court of law for the recovery by the Corporation of any moneys owing to the Corporation whether for principal, interest, or otherwise in respect of any loan or advance made (whether before or after the passing of this Act) by the Corporation, a certificate in writing purporting to be sealed with the seal of the Corporation stating that a specified sum of money was due at the date of such certificate to the Corporation by a specified person on account of a specified loan or advance by the Corporation shall, at any time within one month after the date purported to be borne by such certificate and without proof of the seal of the Corporation or of the due affixing thereof to such certificate, be prima facie evidence that the sum specified in such certificate is and remains due and owing to the Corporation by the person and on the account specified in such certificate.

54 Cesser of power of Commissioners of Public Works in Ireland to make loans for certain purposes.

54.—After the passing of this Act no loan shall be made by the Commissioners of Public Works in Ireland—

(a) for any of the purposes mentioned in section 4 of the Land Improvement (Ireland) Act, 1847, as extended by section 8 of the Public Money Drainage Act, 1850, or by the Landed Property Improvement (Ireland) Act, 1852, or by section 1 of the Labourers (Ireland) Act, 1860, or by section 5 of the Landed Property Improvement (Ireland) Act, 1866, or

(b) under section 31 of the Land Law (Ireland) Act, 1881.

55 Appointment to situations in the Corporation.

55.—(1) Subject to subsection (2) of this section, appointments to situations in the service of the Corporation shall be made in accordance with such arrangements for securing the appointment of suitable and qualified persons as shall from time to time be determined by the directors, after consultation with the Commissioners, and such arrangements shall include—

(a) in the case of situations in the clerical grades, a provision prescribing, as an essential qualification for appointment, the possession of a knowledge of the Irish language of such a standard as the directors, with the concurrence of the Commissioners, may fix,

(b) in the case of other situations, a provision for giving to suitable and qualified candidates, who possess a knowledge of the Irish language of a standard not less than that fixed by the directors, credit in respect of such knowledge.

(2) Subsection (1) of this section shall not apply to—

(a) appointments made in the ordinary course of promotion, or

(b) appointments of casual employees, or

(c) appointments of industrial workers, or

(d) the hiring of persons to perform subordinate duties.

(3) In this section—

the expression “the directors” means the directors of the Corporation;

the expression “the Commissioners” means the Local Appointments Commissioners appointed under the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926).

SCHEDULE. Enactments Repealed.

Section 4.

PART I

PART II.

Section 4.