The Gazette 1944-46

The following were among the matters dealt with : Press Reference to Solicitors. THE Secretary reported that, arising out of a Press report of an address delivered before the Insurance Institute of Ireland containing injuri ous references to the profession, a letter had been written to the lecturer asking for an explanation. The lecturer had written, withdrawing and apolog ising for the references which had been a very minor part of his address, and had published an apology in an agreed form in the newspaper in which the report of his lecture had appeared. Having considered the original report and the apology the Council, while regretting the publicity given to the former, decided to thank the lecturer for withdrawing it so promptly. Petrol for Solicitors. ' THE Secretary read a letter received from the Department of Supplies stating that having regard to the restricted supplies of petrol available for general distribution, the Minister regretted that it was impossible to extend the categories which are now permitted the use of petrol for urgent and essential travelling, e.g., ministers of religion, medical doctors, etc.,.but that the claims of the solicitors' profession had been noted and would be borne in mind in the event of petrol supplies permitting an extension of private car facilities. ORDERS FOR RECOVERY OF POSSESSION OF REGISTERED LAND. Landlord and Tenant Act, 1931. Landlord and Tenant (Amendment) Act, 1943. THE following note has been received from the Registrar of Titles :— I think it right to draw attention to certain matters in connection with Court Orders for recovery of possession in the case of registered land which is subject to a building lease within the meaning of Section 51 of the Landlord and Tenant Act, 1!)31 (No. 55 of 1931) as amended by the Landlord and Tenant (Amendment) Act, 1943 (No. 10 of 1043). Section 51 of Landlord and Tenant Act, 1931, provides that where a building lease is deter mined by ejectment for non-payment of rent, breach of covenant, etc., no immediate sub-lease, which is a proprietary lease within the meaning of the 1931 Act, of the lands or any part of the

lands in the building lease shall be terminated by such ejectment. For the definitions of "building lease" and "proprietary lease" see Section 46 of the 1931 Act as amended by the 1943 Act (Section 2). It is essential, therefore, where lands the subject of such ejectment proceedings come within the provisions of the Landlord and Tenant Acts, 1931 and 1933, and there are immediate "propriet ary" sub-lessees in possession, that a clause be inserted in the Order for recovery of possession to the effect that such Order is made without prejudice to the rights of the sub-lessees to retain possession of their respective premises under Section 51 of the Landlord and Tenant Act, 1931, and it is suggested that the Order should direct the amendment of the register by cancella tion of the building lease and the entry on the Folio of the proprietary sub-leases as burdens. When in the case of registered land such an Order for possession is presented in the Land Registry for registration, the omission of the clause preserving the rights of such sub-lessees or of a clause for amendment of the register would impose on the Registrar the duty of referr ing the case back to the Court pursuant to Section 16 (2) of the'Registration of Title Act, 1891, to have the Order varied by inserting the requisite clauses. In view of Section 51 above referred to, and particularly of the extension by the Amending Act, 1943, of the provisions of the Principal Act of 1931, to building leases for terms of not less than 20 years in non-urban areas, it is presumed that the Court will require to be satisfied as to the existence of suc"h sub-leases before making the order for possession so that the clause reserving the rights of the sub-lessees and full particulars of the sub-leases, i.e., date parties and premises the subject- of the sub-leases may be included in the Order. Perhaps you would kindly consider this matter with a view to taking such steps as you may con sider appropriate to ensure that the orders made in these cases are such as can be acted upon by the Land Registry officials, and thus obviate the hiconvenience and delay which would otherwise arise. I may mention that in a recent case before the High Court the Order made was in effect in accordance with these suggestions. Dated 27th October, 1944. J. O'BYRNE, , - Registrar nf Titles.