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APRIL, 1932]
The Gazette of the Incorporated Law Society of Ireland.
45
RECENT LEGAL DECISION.
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.
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.