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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
for
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
persons ascertained by him
to be
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.