The Gazette 1933-36

The Gazette of the Incorporated Law Society of Ireland

APRIL, 1934]

47

MR. FETHERSTONHAUGH, Solicitor, died on the 30th March, 1934, at his residence 68 St. Stephen's Green, Dublin. Mr. Fetherstonhaugh served his apprentice– ship with Mr. Albany Fetherstonhaugh, Dublin ; was admitted in Hilary Sittings, 1914, and practised as a member of the firm of Crookshank, Leech and Fetherstonhaugh at 22 Kildare Street, Dublin. NEW MEMBERS. The following have joined the Society : Philip T. Brooks, 5 Foster Place, Dublin. Francis I. Clinch, 78 Dame St., Dublin. LIBRARY. The Council has recently purchased the following sets of Law Reports, consisting of 461 volumes for the Library : Law Journal Reports with Magistrates' Cases and Statutes, 1823 1933. Law Times Reports (Old Series), 1843 1859. Law Times Reports (New Series), 1859 1933. Times Law Reports 12 Volumes. Land Registry, Central Office, Dublin. MEMORANDUM On the issue, delivery and production of Land Certificates. First Issue of Land Certificates. 1. Every registered owner is entitled to a land certificate certifying his ownership of his land. Whether a land certificate has been issued or not in respect of any land can be ascertained by an inspection of the Folio of the register in which its ownership is regis– tered. If a certificate has been issued, the fact is noted on the Folio. If a certificate has not been issued, the registered owner of the land can obtain one on payment of the prescribed fee. The Act only authorises the issue of the certificate to the registered owner of the land. A Solicitor who applies for the issue of a certificate must, therefore, state ex– plicitly : FRANCIS E.

(A) that he the Solicitor for the registered owner and that he applies for it as such Solicitor, or (B) if he is Solicitor for any other person, that he applies for the issue of the certificate to him as Solicitor for such person on the consent of the registered owner to its issue to that person. In this case the consent of the registered owner must be lodged with the application and the signa– ture to the consent must be attested. The land certificate of any land will be issued to a Solicitor who applies for it in the manner above stated. Production of Land Certificates for Registrations. 2. Where a land certificate has been issued, no registration affecting the land described in it can be made until the certificate is pro– duced in the Registry. It is useless, there– fore, to lodge any document in the Registry for registration unless the certificate is lodged with it, or its production in the Registry by its holder has been secured. Having regard to the increase in the number of land certificates issued and being issued, it is of the utmost importance that Solicitors dealing with a registered owner should ascertain whether a land certificate has been issued, and if it has, whether its production for the registration of the proposed trans– action can be obtained. No sale, transfer, lease, or mortgage should be completed until the production of the certificate for the purpose of the necessary registration is secured. It is the duty of the registered owner to produce it, or to ensure its pro– duction. The production of a certificate for a registration can be compelled in certain cases : see par. 4. Delivery from Registry of Land Certificate lodged for a Registration. 3. When a land certificate is lodged in the Registry for the registration of a transaction, the person who is entitled to the redelivery of it is, prima facie, the person who is the registered owner of the land on the com– pletion of the registration. The owner of a registered charge, lease, or other burden, is not as such entitled to its custody or its delivery. is