The Gazette 1911-12

FEBRUARY, 1912]

The Gazette of the Incorporated Law Society of Ireland.

103

Local Registration of Title (Ireland) Act, 1891. IRISH LAND COMMISSION. THE following directions, dated 14th Decem ber, 1911, are to supersede those dated 15th January, 1895, which are hereby rescinded:— DIRECTIONS AS TO REGISTRATION OF TITLES. 1. When a vendor requires a certificate from the Land Commission in pursuance of subsection 1 of Section 24 of the Local Registration of Title (Ireland) Act, 1891, he, or his Solicitor, shall,* before lodging the abstract of title to his estate, file an affidavit stating the particulars (a), (b), and (c) in Order II., Rule 6, of the Orders and Rules made in pursuance of the said Act, and dated 1st September, 1910, and also the full particulars of all burdens within the meaning of the said Act affecting the land. The affidavit shall be made by the Vendor, and an attested copy thereof shall be lodged with the abstract of title, and shall be briefly referred to at the head of the abstract, which shall include the land in respect of which the certificate is required. Application for a certificate in pursuance of sub-section 2 of the said section shall be made to the Examiner, and shall be grounded upon an affidavit similar to that above referred to. 2. The certificate shall be signed by the Examiner, shall have annexed thereto an Ordnance Sheet showing the exterior boundaries of the land, and shall state in addition to the matters prescribed by the said Rule 6, (a) the date or dates up to which the Registry of Deeds and Registry of Judgment Searches were made, or other the date on which the Examiner ascertained the title to be as certified, (b) whether he has ascertained that the burdens specified in the certificate are the only burdens (other than those which under the said Act, though not registered, affect registered land) affecting the land, and (c) any matter of which he considers the Registrar of Titles should have notice. The Vendor or his Solicitor shall lodge a draft of the certificate with the Examiner for settlement, and shall have same engrossed when settled. The certificate, when signed and sealed, shall be transmitted to the Registrar of Titles by the Examiner. 3. Before lodging a request in pursuance of

fees should be payable in respect of certain interests, but he submitted that they had no power to say who should and who should not be a " lessee.'-' If in the Rule the Local Government Board had said " the fee for deducing title to a fee-simple interest-shall be so and so, to a leasehold interest so and so, and to a judicial tenancy a sum of 10s. 6d.," then, under such an Order, they would be bound to accept 10s. 6d. His Honour.—But it is just the same thing ; their Rule only limits the extent of the term " lessee." Dr. Proctor.—No ; there is a constitutional and an non-constitutional way of doing that, and the Local Government Board have acted unconstitutionally. The law has said a judicial tenant is a lessee, and the Local Government Board have no power to sa}' he is not. His Honour.—I don't know ; but that Order is not common honesty. Mr. Homer said he relied on the Order. His Honour (to Dr. Proctor).—What title did you furnish ? Dr. Proctor said he did not make a point of what title he furnished, but rested his case solely on the invalidity of the Order. He was only bound by the Act to furnish evidence of title for six years. He had done so at first, making the root of title the Fair Rent Order and abstracting the agreement for purchase. Mr. Horner would not accept this, and called for title from 1870. Mr. Homer.—No ; though I could accept evidence of title for six years, still I was advised by Counsel that I could not safely accept same and be immune from respon sibility if the title did not prove good, and, therefore, I always call for proper evidence of title. Dr. Proctor said that he complied with Mr. Horner's requisition, and showed title from 1870, to do which he had to get a certified copy of a grant of probate, certifi cates of death, and a receipt for a legacy under a Will from a legatee who resided in America. His Honour went into the title furnished, and said that he was of the opinion that the title deduced was more than an occupier's title, and would, therefore, give a decree for the amount claimed and costs. NOTE.—Notice .of appeal has been served in this case on behalf of the Defendants,