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APRIL, 1934]
The Gazette of the Incorporated Law Society of Ireland
47
MR.
FRANCIS
E.
FETHERSTONHAUGH,
Solicitor, died on the 30th March, 1934, at
his residence 68 St. Stephen's Green, Dublin.
Mr. Fetherstonhaugh served his apprentice–
ship with Mr. Albany Fetherstonhaugh,
Dublin ;
was admitted in Hilary Sittings,
1914, and practised as a member of the firm
of Crookshank, Leech and Fetherstonhaugh
at 22 Kildare Street, Dublin.
NEW MEMBERS.
The following have joined the Society :
Philip T. Brooks, 5 Foster Place, Dublin.
Francis I. Clinch, 78 Dame St., Dublin.
LIBRARY.
The Council has recently purchased the
following sets of Law Reports, consisting of
461 volumes for the Library :
Law Journal Reports with Magistrates'
Cases and Statutes, 1823 1933.
Law Times Reports (Old Series), 1843
1859.
Law Times Reports (New Series), 1859
1933.
Times Law Reports 12 Volumes.
Land Registry, Central Office, Dublin.
MEMORANDUM
On the issue, delivery and production of Land
Certificates.
First Issue of Land Certificates.
1. Every registered owner is entitled to a
land certificate certifying his ownership of
his land. Whether a land certificate has been
issued or not in respect of any land can be
ascertained by an inspection of the Folio of
the register in which its ownership is regis–
tered.
If a certificate has been issued, the
fact is noted on the Folio.
If a certificate has
not been issued, the registered owner of the
land can obtain one on payment of the
prescribed fee.
The Act only authorises the issue of the
certificate to the registered owner of the
land.
A Solicitor who applies for the issue
of a certificate must, therefore, state ex–
plicitly :
(A) that he
is
the Solicitor for the
registered owner and that he applies
for it as such Solicitor, or
(B) if he is Solicitor for any other person,
that he applies for the issue of the
certificate to him as Solicitor for
such person on the consent of the
registered owner to its issue to that
person.
In this case the consent of
the registered owner must be lodged
with the application and the signa–
ture to the consent must be attested.
The land certificate of any land will be
issued to a Solicitor who applies for it in the
manner above stated.
Production of Land Certificates
for
Registrations.
2. Where a land certificate has been issued,
no registration affecting the land described
in it can be made until the certificate is pro–
duced in the Registry.
It is useless, there–
fore, to lodge any document in the Registry
for
registration unless
the certificate
is
lodged with it, or its production in the
Registry by its holder has been secured.
Having regard to the increase in the number
of land certificates issued and being issued,
it is of the utmost importance that Solicitors
dealing with a registered owner should
ascertain whether a land certificate has been
issued, and if it has, whether its production
for the registration of the proposed trans–
action can be obtained.
No sale, transfer,
lease, or mortgage should be completed until
the production of
the certificate for the
purpose of
the necessary registration
is
secured.
It is the duty of the registered
owner to produce it, or to ensure its pro–
duction. The production of a certificate for
a registration can be compelled in certain
cases :
see par. 4.
Delivery from Registry of Land Certificate
lodged for a Registration.
3. When a land certificate is lodged in the
Registry for the registration of a transaction,
the person who is entitled to the redelivery
of it is,
prima facie,
the person who is the
registered owner of the land on the com–
pletion of the registration. The owner of a
registered charge, lease, or other burden, is
not as such entitled to its custody or its
delivery.