The Gazette 1933-36

The Gazette ol the Incorporated Law Society ol Ireland.

[APRIL, 1934

48

affect a lien created by its deposit. When necessary, therefore, he will order its pro– duction for the registration of a voluntary : transferee, or a person entitled under the Will or intestacy of a deceased owner, or a judgment mortgage, or any other burden created without valuable consideration ; for these can be registered without affecting the lien of the holder of the certificate. But the i Registrar will not order the production of a ! certificate for the registration of a transfer on sale or marriage, or given for other valuable consideration, or for the registration of a burden created for valuable considera– tion, in any case in which the holder claims a .lien on it by deposit; for in his opinion registration under such a document would defeat or postpone the lien (See S. 44(2)). Solicitors should note that the onus is on the Solicitor for the depositee of a land certificate of deciding whether he will produce it or not for a registration. It is not the duty of the Registrar to inquire into the motive or reason for the production of a certificate by its depositee. If the latter produces it for the registration of a transfer for value or a charge for value, and a registration is made on its production that defeats or postpones the lien, his loss is caused by his production of the certificate when he could have refused to produce it; and he will have no claim against the Insurance Fund. A Land Certificate may be lodged for specified registrations. 5. Where a registered owner is making a number of transfers of parts of the land in a land certificate, the Registrar will on request facilitate the completion of the transfers by receiving the certificate from the registered owner and holding it for registration only of the transfers specified by the Solicitor for the owner ; and an acknowledgment of its receipt for the purposes specified will be given. \\Tien this is desired the Solicitor for the registered owner should first com– municate with the Registry. CALENDAR, 1934. The Society's Calendar for 1934 can be obtained in the Secretary's Office, price, five shillings; by post, five shillings and six pence.

On the completion of the registration of a transaction, and in the absence of any evidence that it was lodged by or on behalf of any other person than the registered owner, the land certificate is dealt with as follows :-. (i) if the transaction is a transfer or transmission of all the land, it is delivered to the new registered owner; (ii) if the transaction is a transfer of part of the land in a certificate, it is redelivered to the registered owner of the land remaining untransferred, the certificate being amended by removing from it the part trans– ferred ; the owner of the part transferred can obtain a certificate for his part on payment of the prescribed fee"; (iii) if the transaction is a charge, lease, or other burden, it is redelivered to the registered owner of the land. In any case in which it appears from the documents that the certificate was lodged by or on behalf of a person who was not the registered owner, it will be redelivered to that person. The certificate will in all cases be delivered to the Solicitor for the person appearing to be entitled to its custody as above stated, pro– vided he states in writing that he is the Solicitor for the person so entitled and that he requires the certificate to be delivered to him as such Solicitor. The Registrar will not assume or infer that a Solicitor is the Solicitor for a person or that he requires delivery of the certificate ; he must say it. The statement should normally accompany the certificate or the document lodged for registration ; but, if it is produced in the Registry while the Certificate is in it, it will be acted on. It will be filed for reference when production of the certificate is again required on subsequent registrations. When production of a Land Certificate can be ordered. 4. The Registrar can order the production of a Land Certificate for the registration of a transaction that can be effected without the consent of its holder (S. 81 (2)). The Registrar's view is that he can order its production for any registration that will not