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GAZETTE

SEPTEMBER 1981

Birth, Marriage and

Death Certificates

By reason of recent difficulties in procuring Certificates in

relation to Births, Marriages and Deaths, the Dublin

Solicitors' Bar Association has been in correspondence

with the General Register Office.

In correspondence with Mr. Andrew F. Smyth,

President of the Bar Association, it has been confirmed

that there has recently been a build-up of work due to the

large volume of correspondence and applications for

Certificates being handled by the office. The present

average waiting time appears to be approximately five

weeks.

The Registrar is taking steps in an endeavour to reduce

the waiting period and is confident that the situation is

gradually improving. It appears that applicants for

Certificates are informed of the likely delay and, if they

require their Certificates more quickly, are advised to

apply to the Superintendent Registrar's Offices for the

counties in which the events took place. These offices,

because they cater for events in their own counties only,

are not subject to the same pressures as the Dublin

offices.

It is pointed

out,

however,

that

local

Superintendent Registrars do not normally have custody

of non-Catholic Marriage records and, in such cases,

special arrangements are made for the issue of such

Certificates as quickly as possible from the General

Register Office.

The Superintendent Registrar's Office at Pearse Street,

Dublin has been endeavouring to provide Certificates

over the counter to all personal callers, but has been

having serious difficulty in coping with demand and in

accommodating the public in the office, while waiting.

Applicants are now being encouraged to leave their

applications and have Certificates sent on to them

through the post. By this means, the need for people to

wait for lengthy periods at the office has been reduced

and, because the office now closes earlier and the staff are

working overtime, all Certificates are now being issued

within a few days of the receipt of applications, whether

through the post or otherwise.

If an applicant to the General Register Office in Dublin

has a really pressing need for a Marriage Certificate as,

for example, in the completion of the sale of a house,

then, upon this fact being explained to the General

Register Office, every effort will be made to issue the

Certificate in the minimum possible time. •

Land Registry —

Solicitors Certificate as to Title

The Land Registry Rules 1 9 72 (Rules 19 and 35) provide

for First Registration of property and Discharge of

Equities on foot of a Solicitors Certificate as to Title when

on a sale (or an acquisition by a Statutory Authority) the

purchase money (or compensation) does not exceed

£ 2 5 , 0 0 0. The Land Registration Rules, 1981 have

extended this limit to £ 5 0 , 0 0 0 as and from the 4th day of

August 1981.

Conveyancing Note

10% Deposit on Execution of Contract

In recent years the practice has developed that Vendors

accept deposits of 10% on the execution of Contracts for

the sale of property by private treaty.

As most Purchasers are dependent on 9 0% loans to

enable

them

to

complete

their

purchases,

the

Conveyancing Committee of the Law Society recommend

that this should become standard practice, except in

exceptional circumstances, such as where there is a long

closing date or a Purchase in trust for an undisclosed

principal or the purchase price is small.

Comment

(Continued from p. 155)

Z

Section 4 has its proper place in our local government

structure to ensure that their certain decision-making

powers are retained by the elected members, in order to

provide some alternative to bureaucratic decision-making.

An Bord Pleanala already provides this alternative in the

case of planning decisions. There is a clear case for the

introduction of legislation to remove planning decisions

from the scope of Section 4 of the City and County

Management Act, 1 9 5 5 .D

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