The Gazette 1910-11

iMAY,

The Gazette of the Incorporated Law Society of Ireland.

113

(First issued April,

1907).

The cases may be divided as

follows,

viz. :

(A) Those in which the compensation pay–

able to the person entitled does not

exceed £60.

(B) Those in which such compensation

exceeds £60 but does not exceed £200.

in which such compensation

exceeds £200.

As to (A), Section 11 of the Labourers Act

of 1906 applies.

The receipt may be given by a person who

would be entitled to sell the fee simple in

proceedings under the Purchase Acts.

The receipt of a first mortgagee of any such

person will be as effectual as his own, pro–

vided he is so described in the receipt.

Any such receipt will enable the Council

to be registered as owners in fee simple.

In cases where the plots coming under this

group form portions of lands already regis–

tered, and a receipt signed by the registered

owner (even though registered subject to

equities)

lodged,

the Council will be

registered as owners in fee simple discharged

of equities.

NOTE. Where the compensation payable

under any one award to any one vendor in

respect of two or more plots taken from him,

and held under a common title, though the

compensation in respect of each plot does

not exceed £60, exceeds in the aggregate

£60, Section 11 of the Act of 1906 does not

apply.

Such

cases

therefore

fall under

groups B or C and not under this group.

As to (B), the law as it stood before the

Act of 1906 still applies.

The compensation payable may be paid

either

(a)

to the person ascertained on an in–

vestigation of the title to be entitled

thereto ; or,

(b)

to trustees appointed under the Lands

Clauses Acts ;

or,

(c)

into Court.

If course

(a)

be adopted, it will be necessary

for the title to be investigated,

unless,

the land is already registered free of

equities, in which case the register

alone is the title.

In other cases the

evidence should consist of the abstract

of title, affidavit or statutory declara–

tion, furnished by the Vendor to the

Council in support of his title, together

with a certificate of Counsel, if such

has been obtained. This evidence has

been generally found sufficient, but

the Registrar reserves to himself the

right to make any further requisitions.

NOTE. Where the evidence adduced shows

that there is a first or only mortgage

or charge exceeding in amount the

total compensation money awarded

in respect of the interest of the vendor,

no further title need be shown than

is sufficient to prove the nature of the

estate

(i.e.,

whether freehold or lease–

hold) and the fact that the person

signing the receipt or conveyance is

entitled to such mortgage or charge.

In course

(b)

all burdens will attach to the

money in the hands of the trustees,

and no investigation of title will be

necessary, and the receipt of

the

trustees will be sufficient to enable the

title of the Council to be registered.

In course

(c)

also all burdens will attach to

the purchase money, and the Council,

on lodgment of a deed poll executed

by them, will be registered as owners.

N.B. Sums

exceeding

£10

and

not

amounting to £100 may be lodged in

the County Court.

As to (C) :

All the remarks under group (B) apply to

group (C), with the exceptions that

money over £200 cannot be paid to

trustees appointed under the Lands

Clauses Acts, nor can sums of £100

or more be paid into

the

County

Court.

GENERAL OBSERVATIONS.

For the purpose of registration the follow–

ing documents must be lodged in the proper

Local Office, viz. :

In all cases :—

1. The receipt of, or transfer by, the person

whose receipt is effectual to vest the

fee-simple or who is capable of granting

the fee-simple.

(Receipts from mere

occupiers need not be lodged.)