The Gazette 1907-8

[MAY, 1907

The Gazette of the Incorporated Law Society of Ireland.

8

County Court. (The Section of the Lands Clauses Act dealing with these cases is Section 69.) GENERAL OBSERVATIONS. IV. In all cases the Solicitor must ascertain, by search or otherwise, whether the lands acquired are already registered or not, and, if they are, the Folio Number must appear in the receipt or transfer. V. In cases of land already registered, it will generally be convenient that the transfer be made in Form 14 of the Rules under the Registration of Title Act, 1891. In cases of unregistered land, long con– veyances should be avoided, and, where possible, the form of Receipt given in the Local Government Board Rules adhered to (see Form 36), a statement being embodied showing the Estate in the lands (i.e., fee simple or leasehold) in respect of which money has been paid. In all cases where the land is subject to a purchase annuity, the latter must be released. The release should, where possible, be endorsed on the Instrument transferring the plot. VI. As all responsibility for the due execution of Receipts, &c., lies on the Council, the Registering Authorities do not insist on the verification of the signatures to those docu– ments. VII. In all cases a certified copy (which may be in the form of a tracing) of the Map of the lands dealt with by each Receipt or deed must be either endorsed on the instrument or attached thereto, and must contain sufficient detail to enable the lands to be identified on the Six- inch Ordnance Survey Maps. The certificate on the map should be signed by the Solicitor or Engineer of the Council, and may be in the following words, viz. : I certify that this is a true copy of the Plot No. shown on the Ordnance Sheet No. Co. deposited with the Clerk of the Rural District Council, and which correctly delineates the lands transferred to the Council by by* dated the day of 19 , on which, lettered "A," I have endorsed my name. Dated this day of 19 . For the above Council. Deed, Receipt, &c.

act on any Receipt or transfer signed by a person purporting to deal with the fee simple or with a leasehold estate of which sixty years remain unexpired. B. As to (B), i.e., where the compensation exceeds ^60 but not ^200. The law as it stood before the Act of 1906 still applies to this group. The compensation payable to an owner of a registerable estate (see I, above) must be paid either (a) to the person ascertained on an investi– gation of the title to be entitled there– to ; or, (b) to trustees (see Section 71 of the Lands Clauses Act, 1845); or, (c) into Court. If course (a} be adopted, it would seem necessary for the registering authorities to fully investigate the title, and a formal Application will be necessary, unless, of course, the land is already registered free of equities. In course (3) all burdens will attach to the money in the hands of the trustees, and no investigation of title by the registering authorities will be necessary, and the Receipt of the trustees will authorize the Registrar to register the Council. In course (c] also all burdens will attach to the purchase money, and the Council will execute a Deed Poll vesting the lands in themselves, and, on lodgment of this, will be registered as owner. N.B. Sums not amounting to ^100 should be lodged in the County Court. NOTE. It does not follow in cases in this group (B) that the Council will be regis– tered as owner in fee simple. They should, if possible, get in the fee simple; but if the interest in respect of which they pro– duce evidence of the payment of compen– sation is only leasehold, they can be registered on the Leasehold Register, though this, as stated at I, above, is not advisable. C. As to (C), i.e., where the compensation exceeds £200 : All the remarks under group (B) apply to group (C), with the exceptions that money over £200 cannot be paid to trustees nor into the