Irish Land (No. 2) Bill.
MEMOEANDUM.
Section 13 (3) of the Irish Land Act, 1903, provides as
follows :—
" On the sale under the Land Purchase Acta of any land
by the Land Commission, or of any land comprised in an
estate by the owner of the estate, there shall be reserved
in the prescribed manner to the Commission the exclusive
right of mining and taking minerals and digging and
searching for minerals on or under that land, and the said
right shall be disposed of by the Commission in manner
hereafter to be provided by Parliament."
It was decided in the Earl of Band on's estate (40 I.L.T.R., 192)
that the Land Commission have no power to dispose of or deal
with these rights until they have been authorised to do so by Act
of Parliament.
Clause 1 of the Bill is designed to fulfil the intention of
the Act of 1903, and proposes to confer upon the Land Com¬
mission the necessary powers for disposing of these rights, and
also the power to make borings and other experiments for the
purpose of ascertaining the value of any such right.
Any profit arising from the disposition of these rights is to
be paid into the reserve fund mentioned in section 43 of the
Act of 1903.
There are at the present time certain valuable mining rights
vested in the Land Commission which it is desirable to enable
them to deal with as soon as possible.
Clause 2 proposes an amendment of section 54 of the Act of
1903, which is necessary for the protection of the interests of
owners of charges created by will or codicil.
If
ill 69.
