11 / 116
MAY, 1907]
The Gazette of the Incorporated Law Society of Ireland.
1883-1906,
issued
from the Central Office,
Dublin, last month :
MEMORANDUM WITH
REFERENCE
TO THE
PRACTICE
IN THE REGISTRY OF TITLES
UNDER THE LABOURERS
(IRELAND) ACTS,
1883-1906.
ISSUED APRIL, 1906.
NOTE. This Memorandum is issued with a
view to assisting' the Local Registrars, Solici–
tors to Rural District Councils, and others in
the work of Registration of Title under the
Labourers Act of 1906; but as no decisions have
yet been recorded under the Act, it must be
taken as liable to subsequent modification or
alteration, consequent on such judicial deci–
sion, or otherwise.
As TO TITLE.
I. It would seem clear that in
all
cases the
Council must obtain a Receipt or conveyance
from a person capable of disposing of a regis-
terable estate or interest i.e., the fee simple,
or a leasehold interest sufficiently long to
justify registration on the Leasehold Register.
It is also clearly the intention of the Legisla–
ture (though it is not explicitly so stated) that
the Council should be registered as owner in
fee simple. Therefore
Councils should always
see that they get in the freehold interest,
where
possible.
II. The title of the Councils must be regis–
tered in
all
cases. The question here dealt
with thus confines itself to this viz. :
What
document or other evidence of title is sufficient to
authorize the Registrar to register the title of the
Council ?
III. The Receipt or conveyance to be looked
for in all cases is that of the person authorized
to deal with a registerable estate (see 1, above)
other documents may be disregarded for
purposes of Registration.
The cases may be divided as follows, viz. :
(A) Those in which
the compensation
payable to the person entitled to a
registerable estate (see I, above)
does not exceed ,£60.
(B) Those in which such compensation
exceeds ^60, but does not exceed
£200.
(C) Those in which such compensation
exceeds ^£200.
Each of these divisions becomes subdivided
into
(a)
cases where the acquired land has
been already registered, and
(V)
cases where
the lands have
not
been so registered.
A.
-
.;
-'.
As to (A), i.e., where the compensation does'
not exceed ^60 Section 11 of the Labourers
Act of 1906 deals with these cases.
The Receipt or conveyance maybe given by
a person who would be entitled to sell the fee
simple in proceedings under the Purchase Acts,
i.e., anyone who can fulfil
one
of the following
qualifications, viz., who can:
:
(i.)
Show prima facie
title to an estate in fee
simple,
and
give evidence of receipt
by him or his immediate predecessor
in title of the rents and profits forthe
past six years, either personally or by
an agent.
(ii.) Show
prima facie
title to an estate in
fee simple,
and
give evidence that he,
or his immediate predecessor in title,
has been in actual occupation for the
past six years, either personally or by
an agent.
(iii.) Show
prima facie
title to a leasehold
estate, with sixty years still to run,
and
give evidence of receipt of rents
and profits for the past six years, as
in (i.)-
(iv.) Show
prima facie
title to a leasehold
estate, with sixty years still to run,
and
give evidence that he has been in
actual occupation for the past six
years, as in (ii.).
The Receipt of a mortgagee of any of these
persons (i.), (ii.), (iii.), or (iv.) will be as
effectual as their own ; but it would seem un–
necessary, having regard to Sub-section 9 of
Section 11 of the Act of 1906, to make any
enquiry as to mortgagees, or, indeed, for any
title beyond that set out at (i.) to (iv.), above.
A' Receipt or conveyance executed by
any
of these persons will enable the Council to be
registered as owner
in fee simple.
In cases where the plots coming under this
group form portions of
lands already registered,
it will never be necessary to look beyond the
Registered Owner for the person entitled to
sell to the Council, even where the title is
registered subject to equities.
If the Receipt
or conveyance tendered be one signed by an
owner of a charge registered on the interest of
a registered owner, the amount of the charge
so registered should exceed the amount of
compensation stated in the Receipt, &c.
In practice it is considered that the sole
responsibility of ascertaining the person to
whom compensation may be paid under Section
11 falls on the Council, and the Registrar will