Land Transfer (Ireland) Act, 1848

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LAND TRANSFER (IRELAND) ACT 1848

CHAPTER CXX.

An Act to facilitate the Transfer of Landed Property in Ireland. [4th September 1848.]

[Preamble.]

Registrar of deeds, previous to giving out any negative search, to cause copy to be recorded.

[1.] [¹] The registrar of deeds and the registrar of judgments in Ireland for the time being shall and they are hereby required, previous to giving out of said office any negative search, to cause a copy of such negative search to be entered on parchment in books to be provided for the purpose, and to be kept in their offices respectively among the records thereof.

Books of copies of negative searches.

2. Every book wherein any such copy of a negative search and certificate as aforesaid shall be entered shall be numbered or otherwise distinguished in some appropriate and convenient manner, and the pages of each such book shall be numbered consecutively, and the number or other distinctive mark of every such book, and the number or numbers of the page or pages thereof, wherein any such negative search and certificate shall be copied, shall be specified at foot of the certificate, signed by the registrar or assistant registrar in manner following; (that is to say,) “Copied in Book, No.         , Page         , Number         .”

Indexes to be provided for books of copies of negative searches.

Power to search books.

3. The said registrars for the time being shall and they are hereby required respectively to cause a sufficient index or sufficient indexes to be prepared, in such form as the Treasury shall from time to time direct, to the books containing the copies of searches made pursuant to this Act; and in such indexes shall be entered, in some convenient manner for reference, the name or names of some one or more of the persons whose acts such negative search shall relate to; and the said registrar of deeds shall also cause to be prepared another sufficient index or other sufficient indexes to the said books containing the said copies of the said negative searches, in such form as the Treasury shall from time to time direct, wherein shall be entered, in some convenient form for reference, the name or names of some one or more of the denominations of land mentioned in the requisition for such negative search; and all persons shall be at liberty to search the said books, on payment of the fee mentioned in the schedule hereunto annexed.

Attested copies of recorded searches.

4. Every person requiring the same shall be entitled to an attested copy of any search so recorded as aforesaid, or any portion thereof, upon payment of the fees mentioned in the schedule hereunto annexed; and the registrar or assistant registrar of deeds . . . in Ireland for the time being, upon being furnished with a specific requisition, shall cause to be delivered to the person making such requisition an attested copy of every such recorded negative search, or the portion thereof in such requisition mentioned; and all the penalties and liabilities to which such registrars and assistant registrars are liable in respect of fraud, collusion, or neglect in making the original searches and certificates shall extend to the attested copies to be given under this Act.

Validity of such copies.

5. Every such attested copy of every such recorded negative search and certificate, so signed as aforesaid, shall have the same force and effect, and shall be accepted and received in the same manner and for the same purposes, as an original negative search or certificate to the same extent and in the same terms.

Fees to be accounted for as under the Acts regulating the registry offices.

6. [¹] The fees payable to the said registrar of deeds and registrar of judgments under this Act shall be deemed and taken to be part of the fees payable to them under the acts for the regulation of their respective offices, and shall be applied and accounted for according to the provisions of said Acts.

Regulation of indexes by Treasury.

7. [Recital as to alphabetical indexes of names of persons and of lands under 2 & 3 Will. 4. c. 87.] It shall and may be lawful for the Treasury, by an order, from time to time to make any alterations in the forms of the indexes of names and lands directed by said recited Act to be made, and to order that a sufficient index or indexes shall be prepared to the several books in the office of the said registrar of judgments; and from the time of making any such order, or from any time to be specified therein, the said indexes shall be made and kept in such manner and form as the Treasury shall in such order specify and direct; and it shall and may be lawful for the Treasury in like manner to vary or rescind any such order as aforesaid.

Payment of expences out of balances, &c.

8. It shall and may be lawful for the Treasury, from time to time to order and direct that any expence which may appear to them to be requisite for or to be necessarily and properly incurred in carrying the purposes of this Act into effect shall be defrayed out of the balances on the accounts of the said registrars in respect of the said register offices, or in such other manner as the said commissioners shall think fit to direct.

Fees

9. [¹] For and in respect of the entries, endorsements, certificates, and other matters or acts hereby directed or required to be performed the officers discharging said duties shall respectively be entitled to demand and receive the several fees specified in the schedule to this Act annexed, which schedule, and all directions therein contained, shall be deemed and taken to be part of this Act; and it shall and may be lawful for the Treasury by order from time to time to alter and vary the fees specified in the said schedule, and to substitute other fees therefor.

Memorandum of satisfaction of judgment, &c.

10. [Recital of 7 & 8 Vict. c. 90.] The registrar of judgments for the time being shall, upon the lodgment with him of a certificate of the entry of satisfaction upon the roll of any judgment of any of the superior courts of common law which may have been registered under said recited Act, or which may appear upon the books of revivals and redocketings which under the provisions of said recited Act were transferred to said registrar, signed by the proper officer of such superior court of common law, or upon the lodgment with him of the certificate of the cancelling or vacate of any bond or recognizance to the crown, signed by the proper officer in that behalf, and which certificate such officers are hereby authorized and required respectively to give, cause a memorandum of such satisfaction, cancelling, or vacate to be subscribed to the entry of the registry of such judgment, or of the revival or redocketing thereof, or of such crown bond or recognizance, specifying the date at which such satisfaction, cancelling, or vacate appears by such certificate to have been entered on record, and shall sign such memorandum, . . . ; and upon every search made in the said judgment office subsequently to the entry of such memorandum as aforesaid, whereon such judgment, crown bond, or recognizance shall appear, the entry of such memorandum shall be stated.

Certificate of decree, &c. having been complied with, &c. 3 & 4 Vict. c. 105.

3 & 4 Vict. c. 105. 7 & 8 Vict. 90.

11. Every court, judge, commissioner, or other person by whom any decree, rule, or order has been or shall be pronounced or made, which under the Debtors (Ireland) Act, 1840, has the force and effect of a judgment, upon its being made to appear to them or him that such decree, rule, or order, has been fully performed, complied with, or satisfied, shall direct the proper officer to give a certificate thereof, and record the same in his office; and in case said decree, rule, or order shall have been or shall be registered under the provisions of the Debtors (Ireland) Act, 1840, or under the provisions of the said recited Act of the seventh and eighth years of the reign of her Majesty, the registrar of judgments shall, upon the lodgment with him of such certificate, cause a memorandum thereof to be annexed or subscribed to the entry of the registry of such decree, rule, or order, specifying therein the date of such certificate, and shall sign such memorandum, . . . ; and in every search made in said judgment office after the entry of such memorandum, whereon such decree, rule, or order shall appear, the entry of such memorandum of satisfaction shall also be stated.

No judgment, &c. to be registered under 7 & 8 Vict. c. 90, until certificate of the existence of such judgment, &c. has been lodged.

12. No judgment, crown bond, or recognizance, rule, decree, order, or lis pendens, shall be registered by the said registrar of judgments, pursuant to the provisions of the said Act of the seventh and eighth years of the present reign, unless and until there shall be subscribed to the memorandum or minute by said Act required to be left with said registrar a certificate of the existence of the judgment, crown bond, or rocognizance, rule, decree, order, or lis pendens, described in said memorandum or minute, such certificate to be signed by the proper officer of the court in which such judgment, crown bond, or recognizance, rule, decree, order, or lis pendens, shall have been entered or obtained; . . .

After 1st January 1849, crown bonds and recognizances then filed as of record, and more than 20 years old, shall not affect purchasers or mortgagees, unless re-docketed.

13. [Recital of 7 & 8 Vict c. 90. s. 11.] From and after the first day of January next no bond or recognizance to the crown filed as of record in Ireland which shall be more than twenty years old from the date thereof shall affect any lands, tenements, or hereditaments, as to purchasers or mortgagees or creditors, unless and until a memorandum or minute, duly authenticated, containing the name and usual or last known place of abode, and the title, trade, or profession, of the person whose estate is intended to be affected, the sum for which such bonds or recognizance was passed or eutered into, and the date of the same, shall be left with the registrar of judgments, who shall forthwith enter the same particulars in a book to be entitled “Redocketed Crown Bonds and Recognizances,” to be kept in alphabetical order, by the name of the person whose estate is intended to be affected by such bonds or recognizances; and for every such entry the said registrar shall be entitled to the same fee as is authorized by the said Act for each entry in the book intituled “The Index of Debtors and Accountants to the Crown”; and all persons shall be at liberty to search the said book, as well as the books directed by the said Act to be kept by the said registrar, on payment of the fee by the said Act authorized.

Consolidation of offices.

14. And whereas by the operation of this Act the duties or certain offices may be diminished, and it will therefore be expedient, having regard to economy, to discontinue them as separate offices, and to provide for the discharge of such duties as may remsin to be performed: Be it therefore enacted, that in such cases the Treasury shall have power, if they shall think fit, by their warrant to order that a consolidation of any office so affected shall take place with some existing office of the court to which it belongs; and any order made as aforesaid for the regulation of the business of such office shall be of as much force as if it had been specifically enacted herein, and the officer to whom the duties as aforesaid shall be so transferred shall have as full power and jurisdiction, for all official purposes, as were enjoyed or belonged to the officer whose duties shall be so transferred.

[S. 15 rep. 38 & 39 Vict. c. 66. (S.L.R.)]

SCHEDULE of Fees to which the foregoing Act refers.

Sect. 9 .

[¹ S.1 is rep., so far as relates to the registrar of judgments only, 34 & 35 Vict. c. 72. s.1.]

[¹ By 13 & 14 Vict. c. 74. s.3., it is enacted, that the fees authorized and made payable under and by virtue of the Act 7 & 8 Vict. c. 90, and this Act in the office of registrar of judgments shall cease; and by s.7. of the same Act all the provisions in the Act 7 & 8 Vict. c. 90, and this Act contained, requiring the said registrar to made application of the fees of his office by payment of salaries and compensations and otherwise, and to account for and ledge balances as in the said Acts directed, are repealed and annulled.]

[¹ See note to s.6.]