97 / 122
FEBRUARY, 1912]
The Gazette of the Incorporated Law Society of Ireland.
103
fees should be payable in respect of certain
interests, but he submitted that they had
no power to say who should and who should
not be a " lessee.'-'
If in the Rule the Local
Government Board had said " the fee for
deducing title to a fee-simple interest-shall
be so and so, to a leasehold interest so and so,
and to a judicial tenancy a sum of 10s. 6d.,"
then, under such an Order, they would be
bound to accept 10s. 6d.
His Honour.—But it
is
just the same
thing ;
their Rule only limits the extent of
the term " lessee."
Dr. Proctor.—No ;
there is a constitutional
and an non-constitutional way of doing that,
and the Local Government Board have acted
unconstitutionally.
The
law has said a
judicial tenant is a lessee, and the Local
Government Board have no power to sa}'
he is not.
His Honour.—I don't know ;
but that
Order is not common honesty.
Mr. Homer said he relied on the Order.
His Honour (to Dr. Proctor).—What title
did you furnish ?
Dr. Proctor said he did not make a point
of what title he furnished, but rested his case
solely on the invalidity of the Order. He
was only bound by the Act
to furnish
evidence of title for six years. He had done
so at first, making the root of title the Fair
Rent Order and abstracting the agreement
for purchase. Mr. Horner would not accept
this, and called for title from 1870.
Mr. Homer.—No ;
though I could accept
evidence of title for six years, still I was
advised by Counsel that I could not safely
accept same and be immune from respon
sibility if the title did not prove good, and,
therefore, I always call for proper evidence
of title.
Dr. Proctor said that he complied with
Mr. Horner's requisition, and showed title
from 1870, to do which he had to get a
certified copy of a grant of probate, certifi
cates of death, and a receipt for a legacy under
a Will from a legatee who resided in America.
His Honour went into the title furnished,
and said that he was of the opinion that the
title deduced was more than an occupier's
title, and would, therefore, give a decree for
the amount claimed and costs.
NOTE.—Notice .of appeal has been served
in this case on behalf of the Defendants,
Local Registration of Title (Ireland) Act, 1891.
IRISH LAND COMMISSION.
THE following directions, dated 14th Decem
ber, 1911, are to supersede those dated 15th
January, 1895, which are hereby rescinded:—
DIRECTIONS AS TO REGISTRATION OF TITLES.
1. When a vendor requires a certificate
from the Land Commission in pursuance of
subsection
1
of Section 24 of the Local
Registration of Title (Ireland) Act, 1891, he,
or his Solicitor, shall,* before lodging the
abstract of title to his estate, file an affidavit
stating the particulars
(a), (b),
and
(c)
in
Order II., Rule 6, of the Orders and Rules
made in pursuance of the said Act, and dated
1st September,
1910,
and also
the full
particulars of all burdens within the meaning
of the said Act affecting the land.
The
affidavit shall be made by the Vendor, and
an attested copy thereof shall be lodged with
the abstract of title, and shall be briefly
referred to at the head of the abstract, which
shall include the land in respect of which the
certificate is required.
Application for a certificate in pursuance
of sub-section 2 of the said section shall be
made to the Examiner, and shall be grounded
upon an affidavit similar
to that above
referred to.
2. The certificate shall be signed by the
Examiner, shall have annexed thereto an
Ordnance
Sheet
showing
the
exterior
boundaries of the land, and shall state in
addition to the matters prescribed by the
said Rule 6,
(a)
the date or dates up to which
the Registry of Deeds and Registry of
Judgment Searches were made, or other the
date on which the Examiner ascertained the
title to be as certified,
(b)
whether he has
ascertained that the burdens specified in the
certificate are the only burdens (other than
those which under the said Act, though not
registered, affect registered land) affecting
the land, and
(c)
any matter of which he
considers the Registrar of Titles should have
notice.
The Vendor or his Solicitor shall lodge a
draft of the certificate with the Examiner for
settlement, and shall have same engrossed
when settled. The certificate, when signed
and sealed, shall be transmitted
to
the
Registrar of Titles by the Examiner.
3. Before lodging a request in pursuance of