The Gazette 1946-49

CORRESPONDENCE

SEANAD IJIREANN,

LAND REGISTRY, CENTRAL OFFICE, CHANCERY STREET, DUBLIN. i-jlb July, 1947.

LEINSTER HOUSE, DUBLIN.

July, 1947.

DEAR MR. PLUNKETT, With reference

DEAR SIR, The June issue of the GAZETTE contains in exfe/iso the speech of the Chairman at the half- yearly General Meeting of the Society on the 1 6th May, 1947. The Chairman referred at some length to the Section in the Agricultural Credit Act by which moneys due to the Agricultural Credit Corporation will be collected by the Sheriff without the intervention of the Court. May I quote the following passage : " When the Bill was published the Council immediately appointed a Deputation to wait on the Parliamentary Secretary, Department of Finance to put forward their reasonable objec– tions to this procedure. Unfortunately their representations were of no avail. . . ." Senator L. O'Dea, Solicitor and I amongst others raised this matter on the Second reading of the Bill in the Senate on the izth March, 1947. In his reply on the same day the Parliamentary Secretary stated (Vol. 33, No. 12, Col. 1095) : " I regret Senator O'Dea is not present at the moment. I was somewhat surprised listening to his criticism inasmuch as when the Com– mittee stage was in the Dail I had an application from the Incorporated Law Society to receive a Deputation including the Senator and other prominent members of the legal profession. I agreed and I did receive the Deputation and satisfied the Deputation and they expressed their satisfaction to me. Unfortunately Senator O'Dea was not able to be present." The two statements are so contradictory that I think it is only fair to Senator O'Dea that they should be quoted. No doubt the statement of the Parliamentary Secretary that the Law Society was satisfied (when in fact the Society was not so satisfied) materially affected the decision of the Senate to leave the section in the Bill when a vote on that section was challenged by me on the Com-

to your letter to me of the i8th ulto., containing certain suggestions by your Council with regard to the procedure of the Registry in the case of Applications for new Land Certificates where the originals are alleged to have been lost or destroyed, I have given careful consideration to the representations in your letter, and am of opinion that it would be prudent to adopt them in future. Accordingly, I have given directions that as from this date in the case of an Application for the issue of a new Land Certificate where the original is alleged to have been lost or destroyed, the pro– cedure set out hcrcundcr must in future be followed, namely the Applicant must cause a Notice of the Application to be inserted in (a) the Gazette of the Incorporated Law Society, and (&) a newspaper circulating in the locality in which the lands to which the Certificate relates are situate. Notice will be sent by the Registry to the Solicitor for the person appearing from the Folio to have received the Original Land Certificate in connection with the previous dealing. These requirements will of course be in addition to those prescribed under the existing procedure, under which Notice is sent to the Standing Committee of Irish Banks, and an undertaking from the Applicant is required (a) to lodge the Original Land Certificate for cancellation if it should subsequently be found, and (b) to indemnify the Registrar in respect of any claims arising by reason of the said original Land Certificate being actually in existence, and not lost or destroyed as alleged in the Application. I regret my delay in answering your letter, but owing to pressure of work in the Registry I was unable to deal with the matter.

Yours faithfully,

Yours sincerely,

GERARD SWEETMAN.

JOSEPH O'BYRNE,

Registrar.

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