LAND LAW (IRELAND) ACT 1881 - SECT 48 Powers of commission.

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LAND LAW (IRELAND) ACT 1881 - SECT 48

Powers of commission.

48.(1) For the purposes of this Act the land commission shall have full power
and jurisdiction to hear and determine all matters, whether of law or fact,
and shall not be subject to be restrained in the execution of their powers
under this Act by the order of any court, nor shall any proceedings before
them be removed by certiorari into any court.

(2) The land commission may of its own motion, or shall on the application of
any party to any proceeding pending before it, unless it considers such
application frivolous and vexatious, state a case in respect of any question
of law arising in such proceedings, and refer the same for the consideration
and decision of [Her Majesty's Court of Appeal in Northern Ireland.]

The land commssion may also, in case it thinks fit, permit any party aggrieved
by the decision of the land commission in any proceedings to appeal in respect
of any matter arising in such proceedings to [Her Majesty's Court of Appeal in
Northern Ireland]; provided that no appeal from the land commission to the
[Court of Appeal in Northern Ireland] shall be permitted in respect of any
matter arising under Part V. of this Act, or in respect of any decision as to
the amount of fair rent, or any question of value or of damages, or any matter
left in the discretion of the land commission.

The decision of the said Court of Appeal on any such question so referred to
it shall be final and conclusive.

(3) The land commission with respect to the following matters, that is to say,

(a)Enforcing the attendance of witnesses (after a tender of their expenses),
the examination of witnesses orally or by affidavit, and the production of
deeds, books, papers, and documents; and

(b)Issuing any commission for the examination of witnesses; and

(c)Punishing persons refusing to give evidence or to produce documents, or
guilty of contempt in the presence of the land commission or any of them
sitting in open court; and

(d)Making or enforcing any order whatever made by them for the purpose of
carrying into effect the objects of this Act;

(4) In determining any question relating to a holding the commission may
direct an independent valuer to report to it his opinion on any matter the
commission may desire to refer to such valuer, such report to be accompanied
with a statement, if so directed, of all such facts and circumstances as may
be required for the purpose of enabling the commission to form a judgment as
to the subject matter of such report. The commission may or may not, as it
thinks fit, adopt the report of such valuer, and it may make any such order
with respect to the costs incurred in respect of such report as it thinks
just.

(5) The land commission may review and rescind or vary any order or decision
previously made by them, or any of them; but save as by this Act provided
every order or decision of the said commission shall be final: Provided
always, that any order or decision made by three members of the land
commission shall not be reviewed, rescinded, or varied, except by three
members of the land commission.

...

S.49 rep. by SLR 1950

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Northern Irish Legislation

LAND LAW (IRELAND) ACT 1881 - SECT 48