Local Registration of Title (Ireland) Act 1891
| Year | 1891 |
Local Registration of Title (Ireland) Act, 1891.
(54 & 55 Vict.) CHAPTER 66.
An Act to establish Local Registries of Titles to Land in Ireland.
[5th August 1891]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited for all purposes as theLocal Registration of Title (Ireland) Act, 1891.
2 Application of Act.
2. This Act shall not apply to England or Scotland.
3 Commencement of Act.
3. This Act shall, except as in this Act specially provided, come into operation on the first day of January one thousand eight hundred and ninety-two.
PART I.
Establishment of central and local Registers of Owners.
4 Establishment of registers of owners of land.
(1)4.—(1.) There shall be established and maintained in Ireland, under the registering authorities herein-after mentioned, registers of owners of freehold land, with such additional registers in connexion therewith as are herein-after provided in regard to leaseholds and other subsidiary interests in land.
(2) (2.) For the purposes of such registers there shall be a central office in the city of Dublin (in this Act referred to as ‘the central office’), and a local office in each county in Ireland (in this Act referred to as ‘the local office’).
(3) (3.) Subject to the provisions of this Act, the central office shall be the sole office for registration as regards land in the county of Dublin and the office for registration as regards such other land as may be prescribed, and each local office shall be the office for registration as regards land in the county at large in which such office is situated, except so far as may be otherwise prescribed; and for such purposes a city or town or county of a city or county of a town shall form part of the county at large within which it, or the greater part of it, as the case may be, is situated.
(4) (4.) The central office shall be under the management and control of an officer, who shall be called the ‘registrar of titles.’
(5) (5.) Each local office shall, subject to the direction and control of the registrar of titles in such matters as shall be prescribed, be under the management and control of the Clerk of the Crown and Peace for the county, or, if the offices of Clerk of the Crown and Clerk of the Peace are not united, of the Clerk of the Crown or Clerk of the Peace, as the Lord Chancellor may direct, but, if such person is not, in the opinion of the Lord Chancellor, qualified to discharge the duties of the office, then such office shall, subject as aforesaid, be under the management and control of such other person, being a solicitor, as shall be appointed by the Lord Chancellor for that purpose.
(6) (6.) Each local office shall be in the office kept by the Clerk of the Crown and Peace for the county pursuant to the provisions of the County Officers and Courts (Ireland) Act, 1877 , or at such other place in the county as the Lord Chancellor shall from time to time sanction.
(7) (7.) The registrar of titles and the clerk of the Crown and Peace, or such other person appointed as aforesaid, shall be the registering authorities for the purposes of this Act, and are respectively in this Act referred to as the ‘central registering authority’ and the ‘local registering authority,’ as the case may be, and each of them is in this Act referred to as a ‘registering authority.’
5 Registrar of title and other officers.
(1)5.—(1.) The officers attached to the Land Judge who have heretofore acted as officers in the Record of Title Office shall, from and after the commencement of this Act, be attached to the central office; and the Land Judge shall adjust the duties to be performed by the said officers under this Act in such manner as may appear expedient, and shall so arrange the same that some one of the said officers shall be in attendance on every day of the year on which the offices of the Supreme Court of Judicature in Ireland are open; and there shall be paid out of moneys to be provided by Parliament to such officers, or any of them, or to any officer or clerk attached to the Land Judge whose duties shall be increased by the operation of this Act, such sum by way of increased annual salary as the Treasury shall approve on the recommendation of the Land Judge.
(2) (2.) The first registrar of titles shall be the officer who has heretofore acted as principal officer in the Record of Title Office: and every future registrar of titles shall be such barrister or solicitor of at least eight years standing, or such officer being a barrister or solicitor having been attached to the office of the Land Judge for a period of at least eight years, as the Land Judge shall from time to time appoint.
6 Appointment and remuneration of officers.
(1)6.—(1.) There shall be attached to the central office and to each local office such officers and clerks as the Lord Chancellor, with the concurrence of the Treasury as to number, may from time to time direct, but the Treasury may, with the consent of the Lord Chancellor, grant to the central and local registering authorities such allowances as they may think proper for defraying the expense of necessary clerical assistance.
(2) (2.) If the Lord Chancellor directs the appointment of any officers or clerks in addition to the staff existing and attached to the Land Judge, or being in the office of any clerk of the Crown and Peace, such officers and clerks shall, in the case of the local offices, be appointed in the manner provided by the ninth section of the County Officers and Courts (Ireland) Act, 1877 . In the case of the central office, such officers and clerks of the Supreme Court as might, under the Supreme Court of Judicature Act (Ireland), 1877 , or otherwise, be required to serve in, or might be assigned to, the Record of Title Office, may, in the like manner, be required to serve in, or be assigned to, the central office, and the central office shall be deemed to be part of the office of the Land Judge, and shall be under his control.
(3) (3.) Such salaries and remuneration of officers and clerks, and of any persons who may be appointed local registering authorities by the Lord Chancellor as aforesaid, and such expenses of carrying this Act into effect as may be sanctioned by the Treasury, shall be paid out of moneys to be provided by Parliament.
(4) (4.) The Lord Chancellor, with the concurrence of the Treasury, may appoint any existing officer of the Registry of Deeds, or the clerk of the Registry of Judgments, with the consent of such officer or clerk as the case may be, to be an officer of the central or of any local office, and in the case of an officer of the Registry of Deeds either without ceasing to be an officer thereof or otherwise, and in the case of any officer upon such terms as to existing rights to salary and pension as the Lord Chancellor, with the concurrence of the Treasury, and with the consent of the officer, may by order prescribe.
(5) (5.) Any existing officer of a county court who was appointed before or after the passing of the County Officers and Courts (Ireland) Act, 1877 , may, with his own consent, be appointed by the Lord Chancellor to be an officer of any local office, either without ceasing to hold his existing office or otherwise, and upon such terms as to existing rights to salary and pension as the Lord Chancellor, with the concurrence of the Treasury, and with the consent of the officer, may by order prescribe.
7 Remuneration of clerks of Crown and Peace.
7. There shall be paid to each Clerk of the Crown and Peace who shall act as a registering authority under this Act, such increase of salary for additional duties imposed on him by this Act, as the Lord Chancellor, with the consent of the Treasury, may direct; but every Clerk of the Crown and Peace, upon whom any additional duties are imposed in consequence of this Act, who was appointed between the passing of the County Officers and Courts (Ireland) Act, 1877, and the passing of this Act, and who elected under the provisions of the sixteenth section of the former Act to continue to practise as a solicitor, may, at any time within three years after the commencement of this Act, declare his election not to continue to practise as a solicitor, and shall thereupon be in the same position with respect to superannuation allowance as he would have been, if he had declared his election not to continue to practise at the time of his appointment.
8 Fees to be payable in offices.
(1)8.—(1.) The Land Judge, with the approval of the Lord Chancellor, may, with the consent of the Treasury, fix the fees to be taken in the central and local offices respectively for the purpose of this Act; but in fixing the scale of fees care shall be taken, in the case of land, that such fees shall (so far as conveniently may be) bear a certain proportion to the valuation under the Acts relating to the valuation of rateable property in Ireland of the lands to be affected by the registration, and in the case of charges or burdens, by or under which any sum is or may be charged or secured on land, to the value of the charge or burden at the time of the registration; and such scale shall be altered from time to time in manner aforesaid, whenever the Land Judge shall think it expedient, so as to ensure, so far as possible, that no higher fees shall be authorised to be taken than will produce an annual amount sufficient to discharge the salaries, remuneration,...
To continue reading
Request your trial