The Gazette 1907-8

MAY, 1907]

The Gazette of the Incorporated Law Society of Ireland.

1883-1906,

issued

from the Central Office,

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 -

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.