The Gazette 1944-46

to a deceased registered owner who died having made a Will, it not infrequently happens that Solicitors in preparing the affidavit grounding the application to the High Court omit, through inadvertence, the necessary averments with regard to the existence or discharge of burdens and charges created by such Will. Such burdens and charges (if subsisting) should, of course, be provided for in the Section 21 Order, and the registration should be directed to be made expressly subject to them. In the case of applications to the High Court under the Section where it is found by the Officer of the Central Office who acts as Registrar to the Court, on examination of the documents prior to the hearing, that such averments have been omitted, he invariably returns them for amendment by including the required averments, so that the Land Judge who deals with the application in the High Court may have all the necessary evidence before him on which to make the Order under Section 21. The Registrar is, of course, bound to carry out the registration in accordance with the terms of the Order, whether of the High Court or Circuit Court, and cannot query it even though he may have reason to believe that subsisting charges have not been provided for in the Order. An omission to provide for these charges on the registration directed by the Order seriously pre judices the rights of the persons entitled thereto, and will almost inevitably lead to subsequent litigation in order to rectify the Register by regis tering them as burdens. In the absence of Rules of Court Procedure under the Registration of Title Act, 1942, it would be desirable that, subject, of course, to the absolute unfettered discretion of the several Circuit Courts, a uniform procedure in Section 21 cases should, as far as possible, be established so as to obviate the possibility of omissions in these Orders such as are hereinbefore referred to. Any solicitor interested may obtain on application to the Land Registry, Central Office (a) the heads of an affidavit grounding a motion under Section 21 and (b) specimen form of order made in such cases. This Memorandum and the heads of affidavit and specimen order are intended as an indication of the procedure adopted in the High Court in the hope that practitioners may find it useful when preparing applications both to the High Court and the Circuit Courts in Section 21 cases. By following; the procedure indicated in these cases delay and incon venience will be obviated.

Extension 26) or in -writing. When it is not possible to give notice in time for insertion in the Legal Diary, the other Solicitors concerned should be informed of the intended application at the earliest opportunity. G. M. B. MURTAGH, Examiner. (CENTRAL OFFICE), CHANCERY STREET, DUBLIN Important Announcement THE attention of Solicitors is directed to the fact that new Land Registry Rules (supplemental to the existing 1937 and 1944 Rules) came into operation on the ist March, and legal practitioners are invited to make themselves acquainted with the provisions thereof. The new Rules effect the following two minor amendments of the existing Rules, namely :— (a) Rule 54 of the 1937 Rules (as amended by Rule 20 of the 1944 Rules) is rescinded as from the ist March, 1946. This Rule provides for the cancellation of the notice of equities on a mere affidavit in cases where land was registered for 30 years. The effect of the amendment is that all such cases registered for 30 years will now come within the provisions of Rule 37 under which title must be shown to the former tenancy interest in the lands just as in the case of lands registered less than 30 years ago. (b) The application in Form I of the forms LAND REGISTRY

attached to the 1944'Rules is now deleted. The effect of this is that in cases where an Order has been made under Section 21 of the Registration of Title Act, 1942, it is only necessary to lodge the usual applica tion in Form 17 with the certified copy Court Order in such cases.

CIRCUIT COURT ORDERS UNDER SECTION 21 OF THE REGISTRAT– ION OF TITLE ACT, 1942. IN the case of applications under Section 21 of the Registration of Title Act, 1942, for an Order directing the registration of a person entitled in succession