The Gazette 1936-40

DECEMBER, 1937]

The Gazette of the Incorporated Law Society of Ireland

67

Registration can be made on the consent of the vendor (see Section 30 (7) of the Act). But if a conveyance is not obtained the, contract for sale must be lodged with the Revenue Stamp for the duty payable on the sale impressed on it. 10. The fee for the registration when supported by .Counsel's opinion is one-half the fee prescribed for first registration. Applications cancellation of " Equity Notices " in the register when supported by Counsel's opinion. Rule 38 (2). 11. An application to cancel an " Equity Notice " on Counsel's opinion will normally be made when the title has been investigated by Counsel on the occasion of a purchase or mortgage of the registered property. To ensure that the opinion will disclose the information necessary for the cancellation, the Counsel advising on the title should be told that an application will be made for cancellation of the notice, when the sale or mortgage is completed. 12. Counsel's opinion should state specific– ally all the incumbrances that are " burdens" included in Section 45 and Rule 99 that his examination of the title discloses. Those of them for which satisfactory evidence of their discharge is not produced to Counsel and lodged with the application will be entered in the register as burdens on the cancellation of the notice. Where it is claimed that an incumbrance is statute barred, evidence of the facts that shows the claim to be barred (if prima facie sufficient) is received in the Registry ; but notice of the claim is sent to the persons interested in the incumbrance ; and if an objection contesting the facts is received in reply to the notice, cancellation of the notice is stayed until the issue is determined by a Court. 13. If it appears to Counsel from his examination of the title that the registered owner is not the beneficial owner, i.e., that he is either an express or constructive trustee for others, he should state the fact and the for

persons ascertained by him the beneficiaries. The latter should join with the registered owner in the transfer or charge in any case in which he is not an express trustee transferring or charging in exercise of a power overriding their interests. 14. The burdens in Section 47 of the Act will, of course, be a matter for inquiry on the sale or mortgage. But their existence or non- existence is immaterial for the purposes of the cancellation of the equity notice. If they exist, it is assumed in the Registry that they continue to exist notwithstanding its cancellation. No inquiry, therefore, is made about them in the Registry, unless an application is made to enter notice in the register of the existence of one or some of them, or of the exemption of the property from one or some of them. 15. The application in Form 14 for cancel– lation of the notice should be lodged in the Registry with the transfer or deed of charge, accompanied by all documents submitted to Counsel. To enable the cancellation to be made without the issue of further queries or requisitions, care should be taken to have a statement of Counsel on his opinion that he has seen the evidence produced in explana– tions of the searches and the discharge of his requisitions, and that he has accepted it. 16. The Registrar can only act on the opinion of the Counsel specified in Rule 38 (2). 17. The Registry fee for cancellation of an Equity Notice supported by Counsel's opinion is one-half the fee for the cancella– tion where there is no Counsel's opinion. HILARY SITTINGS LECTURES, 1938. The Senior Class Lectures will be resumed on Tuesday, llth January, at 2.15 p.m. The Junior Class Lectures will be resumed on Wednesday, 12th January, at 2.15 p.m. ALL communications connected with THE GAZETTE (other than advertisements) should be addressed to the Secretary of the Society, Solicitors' Buildings, Four Courts, Dublin. N.W.8. to be