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REGISTRATION OF DEEDS (IRELAND) ACT 1864
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CHAPTER LXXVI.
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An Act to make valid defective Registration of Deeds in certain Cases, and to substitute Stamps in lieu of the Fees now payable on Proceedings in the Registrar of Deeds Office in Ireland. [29th July 1864.]
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[Preamble recites 6 Ann. c. 2. (I.); 2 & 3 Will. 4. c. 87.]
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Defective registration of assurances in Ireland made valid in certain cases.
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1. If it shall appear that the registration of any assurance registered prior to the passing of this Act is defective by reason of the memorial thereof not being written on vellum or parchment, or not being directed to the registrar, or not being attested by two witnesses, or not stating the day of the month and year when such assurance bears date, or the names and additions of all the witnesses to such assurance, or the abodes of the witnesses to such memorial, or by reason of any formal omission or defect in the affidavit or the witness proving the signing and sealing of such memorial, the execution of the assurance mentioned in such memorial, or not stating the day and time of the delivery of such memorial to the registrar, then and in every such case the registration of any such assurance, without any amendment or further registry, shall be as good and valid as the same would have been if there had been no such defect in the registration thereof.
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Certain cases in which defective registration shall not be made valid by this Act.
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2. Provided always, that where the registration of an assurance shall before the passing of this Act have been pronounced by competent authority wholly invalid, such registration shall not be rendered valid by this Act; and where the registration of any assurance shall before the passing of this Act have been pronounced by competent authority invalid as to some only of the parties thereto, or as to some only of the lands therein comprised, such registration shall not be rendered valid by this Act, so far as the same shall have been pronounced invalid; and where any person who would have been barred by any assurance, if well registered, shall before the passing of this Act have had any dealings with the lands comprised in such assurance on the faith of the registration of the same being invalid, such registration shall not be rendered valid by this Act; and this Act shall not render valid the registration of any assurance as to the lands of which any person shall at the time of the passing of this Act be in possession in respect of any estate which such assurance, if well registered, would have defeated; nor shall this Act prejudice or affect any proceedings at law or in equity at the time of the passing of this Act, in which the validity of the registration of any assurance shall be in question between the party claiming under such assurance and the party claiming adversely thereto, and the registration of such assurance, if the result of such proceedings shall be to invalidate the same, shall not be rendered valid by this Act; . . .
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Fees payable in registry of deeds office to be received by stamps.
2 & 3 Will. 4. c. 87.
11 & 12 Vict. c. 120.
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3. None of the fees authorized and made payable under and by virtue of the Registry of Deeds (Ireland) Act, 1832, and of the Act passed in the session of Parliament holden in the eleventh and twelfth years of the reign of Her present Majesty, chapter one hundred and twenty, or otherwise payable in the office of the registrar of deeds, shall be received in money, but the same shall be received by a stamp denoting the amount of the fee which otherwise would be payable, such stamp to be affixed to or impressed on the respective documents, or upon the requisition for any such proceedings respectively; and the stamp duty now payable to Her Majesty upon memorials of deeds lodged for the purpose of registration, on searches or requisitions for searches, or upon attested copies and abstracts of memorials, shall be received by means of stamps denoting the amount of such duties, which shall be affixed to or impressed on such documents respectively: Provided always, that the registrar of deeds may, by order in writing, direct that any fees which cannot in his opinion conveniently be collected by stamps be received in money; and a memorandum stating the amount of such fees, and the date of payment thereof, shall be entered on the deed to be registered, and the registration of such deed shall date from such entry.
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Adhesive stamps used under this Act to be properly cancelled.
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4. Whenever an adhesive stamp shall be used on any document to denote the payment of duty under the provisions of this Act, the officer of the registry of deeds office who shall receive the document so stamped, and also the person who shall present the same, shall cancel the same by writing their respective names across the said stamp, so that the stamp may be appropriated to the instrument and be effectually cancelled, and rendered incapable of being used again.
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Fees under this Act to be deemed stamp duties.
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5. The fees to be collected by means of stamps under the provisions of this Act shall be deemed “stamp duties,” and shall be placed under the management of the Commissioners of Inland Revenue, to be collected and paid into the Exchequer under the same laws and regulations as those made in respect of the other duties of “stamps”; and the provisions in the several Acts for the time being in force relating to stamps under the care or management of the Commissioners of Inland Revenue shall, in all cases not hereby expressly provided for, be of full force and effect with respect to all stamps to be provided under or by virtue of this Act, and to the vellum, parchment, or paper on or to which the same stamps shall be impressed or affixed, and be applied and put in execution for collecting and securing the sums of money denoted thereby, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually, to all intents and purposes, as if such provisions had been herein repeated and specially enacted with reference to the same and the said sums of money respectively; but a separate and distinct account of all money received in respect of the said fees, and of the stamps to be affixed in lieu of the fees heretofore payable in the said office, for every year ending the thirty-first day of March, shall be laid before both Houses of Parliament within one month after the termination of such year of accounts, or, if Parliament be not then sitting, within one month after the commencement of the next session of Parliament.
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Documents not to be received or valid until properly stamped.
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6. No document which under this Act ought to have a stamp impressed thereon or affixed thereto shall be received or filed or be used in relation to any proceedings in the registry of deeds office, or be of any validity for any purpose whatsoever, unless or until the same shall have the proper stamp impressed thereon or affixed thereto: Provided, that if at any time it shall appear that any such document has through mistake or inadvertence been received or filed or used without having such stamp impressed thereon or affixed thereto, it shall be lawful for the registrar of deeds, if he think fit, to order in writing that such stamp shall be impressed thereon or affixed thereto; and thereupon, when a stamp shall have been impressed on such document or affixed thereto in compliance with any such order in writing, such document, and every proceeding in reference thereto, shall be as valid and effectual as if such stamp had been impressed thereon or affixed thereto in the first instance.
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Officers guilty of fraud or wilful neglect, &c. to be subject to dismissal.
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7. If any officer of the registry of deeds office, or any other person employed in the performance of any of the matters aforesaid, shall do or commit or connive at any fraudulent act or practice in relation to any stamp to be used under the provisions of this Act, or to any stamp duty or fee or sum of money to be collected or which ought to be collected by means of any such stamp, or if any such officer or person shall be guilty of any wilful act, neglect, or omission, whereby any stamp duty, fee, or money which ought to be collected by means of a stamp under this Act shall be lost, or the payment thereof evaded, every such officer or person so offending shall be subject to be dismissed from his office or employment.
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Salaries to be paid out of estimates.
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8. It shall be lawful for the Treasury, out of such monies as may be provided and appropriated by Parliament for the purpose, to cause to be paid all salaries payable to the registrars, clerks, and officers employed in the office of the registrar of deeds, wills, and so forth in Ireland, and all other necessary expenses of the said office.
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Act to extend to Ireland only.
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9. This Act shall extend to Ireland only.
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