The Gazette 1930-33

The Gazette of the Incorporated Law Society of Ireland.

APRIL, 1932]

45

RECENT LEGAL DECISION.

I hold that an order under Sec. 52 of the Local Registration of Title (Ireland) Act, 1891, is not liable to stamp duty. (Reported The Law Journal, April 16, 1932, page 84. I.F.S.) STATUTES OF THE OIREACHTAS PASSED DURING 1932. 1. Pensions Books (Prohibition of Aliena– tion). 2. Road Transport. 3. Railways (Miscellaneous). 4. Central Fund. LANDLORD AND TENANT ACT, 1931. Regulations under Section 7 of this Act have been made by the Minister for Justice. Copies can be obtained at the Government Publications Sale Office, 5 Nassau Street, Dublin ; price ninepence. Rules of Court pursuant to Section 5 (3) of the Act for regulating the practice and pro– cedure under the Act have not yet been made. INTERMEDIATE EXAMINATION, 1932. The June Intermediate Examination will be held on Wednesday, the first day of June. Notice of intention to attend should be lodged in the Secretary's Office, Solicitors' Buildings, Four Courts, 'Dublin, N.W.8., before 12th May. 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.

High Court (Land Commission). (Before WYLIE J.)

In re LOCAL REGISTRATION OF TITLE (IRELAND) ACT, 1891, and PATRICK MURPHY. Jan. 12, 1932.- Revenue—Stamp Duty- Local Registration of Title (Ireland) Act, 1891, Sec. 52 Title acquired by adverse possession—Order, Circuit Court Judge— Stamp Act, 1891, Sec. 62. This was an appeal from a ruling of the Registrar of Titles refusing to register the title of James Daly to certain registered lands in County Wexford, under an order of the Circuit Court Judge, made under Sec. 52 of the Local Registration of Title (Ireland) Act, 1891, declaring the title of James Daly to the said lands, on the grounds that the said order had not been stamped pursuant to Sec. 80 of the said Act. Counsel for the appellant and Counsel for the Revenue Com– missioners were heard. WYLIE, J. : Under Sec. 52 of the Local Registration of Title (Ireland) Act, 1891, it is for the judge to " declare," " order," and " direct rectification of the Register." I think the word " declare " must mean to declare a title which is in a man, and that the order is merely declaratory for the purpose of rectification of the Register. Sec. 62 of the Stamp Act, 1891, deals with orders which " transfer to or vest property in " someone, i.e., it connotes orders, which perform something in the nature of a transfer. An order under Sec. 52 of the Local Registration of Title (Ireland) Act, 1891, makes a title no better, but brings it into line with the Act and declares the title.