129 / 144
Extension 26) or in -writing. When it is not possible
to give notice in time for insertion in the Legal
Diary, the other Solicitors concerned should be
informed of the intended application at the earliest
opportunity.
G. M. B. MURTAGH,
Examiner.
LAND REGISTRY
(CENTRAL
OFFICE), CHANCERY STREET,
DUBLIN
Important Announcement
THE attention of Solicitors is directed to the fact
that new Land Registry Rules (supplemental to the
existing 1937 and 1944 Rules) came into operation
on the ist March, and legal practitioners are invited
to make themselves acquainted with the provisions
thereof. The new Rules effect the following two
minor amendments of the existing Rules, namely :—
(a)
Rule 54 of the 1937 Rules (as amended by
Rule 20 of the 1944 Rules) is rescinded
as from the ist March, 1946. This Rule
provides for the cancellation of the notice
of equities on a mere affidavit in cases
where land was registered for 30 years.
The effect of the amendment is that all
such cases registered for 30 years will
now come within the provisions of Rule
37 under which title must be shown to the
former tenancy interest in the lands just
as in the case of lands registered less than
30 years ago.
(b)
The application in Form I of the forms
attached to the 1944'Rules is now deleted.
The effect of this is that in cases where an
Order has been made under Section 21
of the Registration of Title Act, 1942, it is
only necessary to lodge the usual applica
tion in Form 17 with the certified copy
Court Order in such cases.
CIRCUIT COURT ORDERS UNDER
SECTION 21 OF THE REGISTRAT–
ION OF TITLE ACT, 1942.
IN the case of applications under Section 21 of the
Registration of Title Act, 1942, for an Order directing
the registration of a person entitled in succession
to a deceased registered owner who died having
made a Will,
it not infrequently happens
that
Solicitors in preparing the affidavit grounding the
application
to
the High Court omit,
through
inadvertence, the necessary averments with regard
to the existence or discharge of burdens and charges
created by such Will.
Such burdens and charges
(if subsisting) should, of course, be provided for in
the Section 21 Order, and the registration should be
directed to be made expressly subject to them.
In the case of applications to the High Court
under the Section where it is found by the Officer
of the Central Office who acts as Registrar to the
Court, on examination of the documents prior to
the hearing, that such averments have been omitted,
he
invariably returns
them for amendment by
including the required averments, so that the Land
Judge who deals with the application in the High
Court may have all the necessary evidence before
him
on which
to make
the Order
under
Section 21.
The Registrar is, of course, bound to carry out
the registration in accordance with the terms of the
Order, whether of the High Court or Circuit Court,
and cannot query it even though he may have
reason to believe that subsisting charges have not
been provided for in the Order.
An omission to provide for these charges on the
registration directed by the Order seriously pre
judices the rights of the persons entitled thereto,
and will almost
inevitably
lead
to
subsequent
litigation in order to rectify the Register by regis
tering them as burdens.
In the absence of Rules of Court Procedure under
the Registration of Title Act, 1942, it would be
desirable that, subject, of course, to the absolute
unfettered discretion of the several Circuit Courts,
a uniform procedure in Section 21 cases should, as
far as possible, be established so as to obviate the
possibility of omissions in
these Orders such as
are hereinbefore referred to.
Any solicitor interested may obtain on application
to the Land Registry, Central Office
(a)
the heads
of an affidavit grounding a motion under Section
21 and
(b)
specimen form of order made in such
cases.
This Memorandum and the heads of affidavit and
specimen order are intended as an indication of the
procedure adopted in the High Court in the hope
that practitioners may find it useful when preparing
applications both to the High Court and the Circuit
Courts in Section 21
cases.
By following; the
procedure indicated in these cases delay and incon
venience will be obviated.