705 / 822
CORRESPONDENCE
LAND REGISTRY, CENTRAL OFFICE,
CHANCERY STREET,
DUBLIN.
i-jlb July,
1947.
DEAR MR. PLUNKETT,
With reference
to your letter to me of the i8th
ulto., containing certain suggestions by your Council
with regard to the procedure of the Registry in
the case of Applications for new Land Certificates
where the originals are alleged to have been lost or
destroyed, I have given careful consideration to
the representations in your letter, and am of opinion
that it would be prudent to adopt them in future.
Accordingly, I have given directions that as from
this date in the case of an Application for the issue
of a new Land Certificate where the original is
alleged to have been lost or destroyed, the pro–
cedure set out hcrcundcr must in future be followed,
namely the Applicant must cause a Notice of the
Application to be inserted in
(a)
the
Gazette
of
the
Incorporated
Law
Society, and
(&) a newspaper circulating in the
locality in
which the lands to which the Certificate
relates are situate.
Notice will be sent by the Registry to the Solicitor
for the person appearing from the Folio to have
received the Original Land Certificate in connection
with the previous dealing.
These requirements
will of course be in addition to those prescribed
under the existing procedure, under which Notice
is sent to the Standing Committee of Irish Banks,
and an undertaking from the Applicant is required
(a)
to lodge the Original Land Certificate for
cancellation if it should subsequently be
found, and
(b)
to indemnify the Registrar in respect of any
claims arising by reason of the said
original Land Certificate being actually
in existence, and not lost or destroyed as
alleged in the Application.
I regret my delay in answering your letter, but
owing to pressure of work in the Registry I was
unable to deal with the matter.
SEANAD IJIREANN,
LEINSTER HOUSE,
DUBLIN.
Yours sincerely,
JOSEPH O'BYRNE,
July,
1947.
DEAR SIR,
The June issue of the GAZETTE contains
in
exfe/iso
the speech of the Chairman at the half-
yearly General Meeting of the Society on
the
1 6th May, 1947.
The Chairman referred at some
length to the Section in the Agricultural Credit
Act by which moneys due to the Agricultural Credit
Corporation will be collected by the Sheriff without
the intervention of the Court. May I quote the
following passage :
" When the Bill was published the Council
immediately appointed a Deputation to wait
on the Parliamentary Secretary, Department of
Finance to put forward their reasonable objec–
tions to this procedure.
Unfortunately their
representations were of no avail. .
.
."
Senator L. O'Dea, Solicitor and I amongst others
raised this matter on the Second reading of the Bill
in the Senate on the izth March, 1947. In his reply
on the same day the Parliamentary Secretary stated
(Vol. 33, No. 12, Col. 1095) :
" I regret Senator O'Dea is not present at
the moment. I was somewhat surprised listening
to his criticism inasmuch as when the Com–
mittee stage was in the Dail I had an application
from the Incorporated Law Society to receive
a Deputation including the Senator and other
prominent members of the legal profession.
I
agreed and I did receive the Deputation and
satisfied
the Deputation and they expressed
their satisfaction to me. Unfortunately Senator
O'Dea was not able to be present."
The two statements are so contradictory that I
think it is only fair to Senator O'Dea that they
should be quoted. No doubt the statement of the
Parliamentary Secretary that the Law Society was
satisfied (when in fact the Society was not so
satisfied) materially affected
the decision of the
Senate to leave the section in the Bill when a vote
on that section was challenged by me on the Com-
Yours faithfully,
GERARD SWEETMAN.
Registrar.
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