The Gazette 1949-1952

or that they are not deemed to be registered in the Land Registry under the above-mentioned Section 31 (3) of the Land Act, 1931. 4. Accordingly, before taking steps to register a deed o f charge, judgment mortgage or other instrument on agricultural lands, solicitors are earnestly advised— (a) to inquirefrom the First Registration Branch of the Land Registry whether or not a vesting Order in respect of such land has been transmitted by the Land Commission to the Land Registry for registration. Particulars of the name o f the estate, record number, name o f the purchasing tenant and Collection number of the holding should be furnished for the purpose o f identification when making such inquiry. ( b ) I f a Vesting Order revesting the lands has not actually been received in the Land Registry, then inquiry (giving above-mentioned particulars) should be made from the Land Commission as to whether or not such land has in fact been re-vested in the tenant-purchaser, whose interest is sought to be affected by the Deed o f Charge Judgment, Mortgage Affidavit or other instrument. 5. If, as a result o f the inquiries indicated at (a) and ( b ) (supra), it is ascertained that the lands in question have been re-vested in the tenant (even though the Vesting Order has not been received by the Land Registry from the Land Commission), the Deed o f Charge or other instrument must be lodged in the Land Registry, following the ordinary procedure in the case of registered land indicated at paragraph 1 (supra). 6. The above-mentioned precautions are neces­ sary by reason of the fact that, owing to cir­ cumstances beyond the control o f the Land Registry, there exists a considerable arrear of Vesting Orders awaiting actual registration in that Department, in respect o f which Vesdng Orders Folios have not yet been opened. Strenuous efforts are being made by the Staff of the Registry to reduce this arrear, and, where a case for special urgency on the merits is made to the Registrar, registration in such a case will be expedited and a Folio opened. It is o f vital importance that practitioners, in the interests o f their clients, should take the precautions above indicated in the cases envisaged in this Notice. Dated the 19th of February, 1951. J oseph O ’B yrne , Registrar of Titles. 68

Office had been so re-organised as to prevent the accumulation of arrears in future. It is hoped that with the establishment of the new Statute Revision Committee in Ireland, lawyers and the public will no longer be subjected to the unwarranted delay in statutory revision and in law reform which has occurred hitherto. NOTICE TO SOLICITORS Registration o f Charges, Judgment Mortgages and other Instruments affecting Agricultural Land T he serious attention of solicitors who have been instructed to register instruments relating to agri­ cultural land, is directed to the following precau­ tions to be taken in relation to such registrations, viz 1. Where the lands to be affected have been vested by the Land Commission in the tenant- purchaser, and a Folio has actually been opened in the Land Registry in respect thereof, the instrument affecting such land, or, in the case o f a judgment mortgage, the affidavit to register such judgment mortgage, should, of course, be lodged in the Land Registry in accordance with the ordinary procedure in the case o f registered land. 2. Where the lands to be affected have been vested in the tenant-purchaser, but a Folio has notyet actually been opened in his name in the Land Registry, the Deed o f charge or other instru­ ment (including a judgment mortgage affi­ davit) must of course, be similarly lodged in the Land Registry, as indicated in paragraph i (supra), since, under Section 31 (3) of the Land Act, 1931, such lands are, as on and from the date o f the Vesting Order, deemed to be registered land, and are thereupon exempt from registration in the Registry of Deeds (Section 19 o f the Registration of Title Act, 1891) : and such instrument will not affect the lands until registered in the Land Registry. In such case registration in the Registry of Deeds would not preserve the priority of the interests created by such instrument, or, in the case of a judgment mortgage, would be ineffectual to create a charge on the lands. 3. Thefact that, on a search in the Registry of Deeds, no memorial of the registration of such land under the Registration of Title Act, 1891, appears, is not to be taken as evidence that the lands are still subject to registration in the Registry of Deeds,