38 / 144
The following were among the matters dealt
with :
Press Reference to Solicitors.
THE Secretary reported that, arising out of a
Press report of an address delivered before the
Insurance Institute of Ireland containing injuri
ous references to the profession, a letter had been
written to the lecturer asking for an explanation.
The lecturer had written, withdrawing and apolog
ising for the references which had been a very
minor part of his address, and had published an
apology in an agreed form in the newspaper in
which the report of his lecture had appeared.
Having considered the original report and the
apology the Council, while regretting the publicity
given to the former, decided to thank the lecturer
for withdrawing it so promptly.
Petrol for Solicitors.
'
THE Secretary read a letter received from the
Department of Supplies stating that having regard
to the restricted supplies of petrol available for
general distribution, the Minister regretted that
it was impossible to extend the categories which
are now permitted the use of petrol for urgent
and essential travelling,
e.g.,
ministers of religion,
medical doctors, etc.,.but that the claims of the
solicitors' profession had been noted and would
be borne in mind in the event of petrol supplies
permitting an extension of private car facilities.
ORDERS FOR RECOVERY OF
POSSESSION OF REGISTERED LAND.
Landlord and Tenant Act, 1931.
Landlord and Tenant (Amendment) Act, 1943.
THE following note has been received from the
Registrar of Titles :—
I think it right to draw attention to certain
matters in connection with Court Orders for
recovery of possession in the case of registered
land which is subject to a building lease within
the meaning of Section 51 of the Landlord and
Tenant Act, 1!)31 (No. 55 of 1931) as amended by
the Landlord and Tenant (Amendment) Act,
1943 (No. 10 of 1043).
Section 51 of Landlord and Tenant Act, 1931,
provides that where a building lease is deter
mined by ejectment for non-payment of rent,
breach of covenant, etc., no immediate sub-lease,
which is a proprietary lease within the meaning
of the 1931 Act, of the lands or any part of the
lands in the building lease shall be terminated by
such ejectment. For the definitions of "building
lease" and "proprietary lease" see Section 46 of
the 1931 Act as amended by the 1943 Act
(Section 2).
It is essential, therefore, where lands the subject
of such ejectment proceedings come within the
provisions of the Landlord and Tenant Acts,
1931 and 1933, and there are immediate "propriet
ary" sub-lessees in possession, that a clause be
inserted in the Order for recovery of possession
to the effect that such Order is made without
prejudice to the rights of the sub-lessees to retain
possession of their respective premises under
Section 51 of the Landlord and Tenant Act,
1931, and it is suggested that the Order should
direct the amendment of the register by cancella
tion of the building lease and the entry on the
Folio of the proprietary sub-leases as burdens.
When in the case of registered land such an
Order for possession is presented in the Land
Registry for registration, the omission of the
clause preserving the rights of such sub-lessees
or of a clause for amendment of the register
would impose on the Registrar the duty of referr
ing the case back to the Court pursuant to
Section 16 (2) of the'Registration of Title Act,
1891, to have the Order varied by inserting the
requisite clauses.
In view of Section 51 above referred to, and
particularly of the extension by the Amending
Act, 1943, of the provisions of the Principal Act
of 1931, to building leases for terms of not less
than 20 years in non-urban areas, it is presumed
that the Court will require to be satisfied as to the
existence of suc"h sub-leases before making the
order for possession so that the clause reserving
the rights of the sub-lessees and full particulars
of the sub-leases,
i.e.,
date parties and premises
the subject- of the sub-leases may be included in
the Order.
Perhaps you would kindly consider this matter
with a view to taking such steps as you may con
sider appropriate to ensure that the orders made
in these cases are such as
can
be acted upon by
the Land Registry officials, and thus obviate the
hiconvenience and delay which would otherwise
arise. I may mention that in a recent case before
the High Court the Order made was in effect in
accordance with these suggestions.
Dated 27th October, 1944.
J. O'BYRNE,
,
-
Registrar nf Titles.