The Gazette 1910-11

The Gazette of the Incorporated Law Society of Ireland.

113

iMAY,

(First issued April, 1907). The cases may be divided as

evidence should consist of the abstract of title, affidavit or statutory declara– tion, furnished by the Vendor to the Council in support of his title, together with a certificate of Counsel, if such has been obtained. This evidence has been generally found sufficient, but the Registrar reserves to himself the right to make any further requisitions. NOTE. Where the evidence adduced shows that there is a first or only mortgage or charge exceeding in amount the total compensation money awarded in respect of the interest of the vendor, no further title need be shown than is sufficient to prove the nature of the estate (i.e., whether freehold or lease– hold) and the fact that the person signing the receipt or conveyance is entitled to such mortgage or charge. In course (b) all burdens will attach to the money in the hands of the trustees, and no investigation of title will be necessary, and the receipt of the trustees will be sufficient to enable the title of the Council to be registered. In course (c) also all burdens will attach to the purchase money, and the Council, on lodgment of a deed poll executed by them, will be registered as owners. not amounting to £100 may be lodged in the County Court. C. As to (C) : All the remarks under group (B) apply to group (C), with the exceptions that money over £200 cannot be paid to trustees appointed under the Lands Clauses Acts, nor can sums of £100 or more be paid into the County Court. GENERAL OBSERVATIONS. For the purpose of registration the follow– ing documents must be lodged in the proper Local Office, viz. : In all cases :— 1. The receipt of, or transfer by, the person whose receipt is effectual to vest the fee-simple or who is capable of granting the fee-simple. (Receipts from mere occupiers need not be lodged.) N.B. Sums exceeding £10 and

follows,

viz. : (A) Those in which the compensation pay– able to the person entitled 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. A. As to (A), Section 11 of the Labourers Act of 1906 applies. The receipt may be given by a person who would be entitled to sell the fee simple in proceedings under the Purchase Acts. The receipt of a first mortgagee of any such person will be as effectual as his own, pro– vided he is so described in the receipt. Any such receipt will enable the Council to be registered as owners in fee simple. In cases where the plots coming under this group form portions of lands already regis– tered, and a receipt signed by the registered owner (even though registered subject to equities) is lodged, the Council will be registered as owners in fee simple discharged of equities. NOTE. Where the compensation payable under any one award to any one vendor in respect of two or more plots taken from him, and held under a common title, though the compensation in respect of each plot does not exceed £60, exceeds in the aggregate £60, Section 11 of the Act of 1906 does not apply. Such cases therefore fall under groups B or C and not under this group. B. As to (B), the law as it stood before the Act of 1906 still applies. The compensation payable may be paid either (a) to the person ascertained on an in– vestigation of the title to be entitled thereto ; or, (b) to trustees appointed under the Lands Clauses Acts ; or, (c) into Court. If course (a) be adopted, it will be necessary for the title to be investigated, unless, the land is already registered free of equities, in which case the register alone is the title. In other cases the