Land Transfer (Ireland) Act 1848

Publication Date:January 01, 1848
Anno Regni VICTORI, Britanniarum Regin,Undecimo & Duodecimo. An Act to facilitate the Transfer of Landed Property inIreland .

(11 & 12 Vict.) C A P. CXX.

[4th September 1848]

'WHEREAS it is expedient to afford further Facilities for the Transfer of Landed Property inIreland , by diminishing the Expense of Registry Searches, and otherwise as herein-after mentioned:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Adviceand Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act the Registrar of Deeds and the Registrar of Judgments inIreland 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.

S-II Record Books to be numbered, and Number and Page of Book to be endorsed on original Search.

II Record Books to be numbered, and Number and Page of Book to be endorsed on original Search.

II. And be it enacted, That 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 .’

S-III Indexes to be provided for the Books containing Copies of Negative Searches.

III Indexes to be provided for the Books containing Copies of Negative Searches.

III. And be it enacted, That 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 Commissioners of Her Majesty's Treasury for the Time being, or any Three of them, 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 that 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 said Commissioners of Her Majesty's Treasury for the Time being, or any Three of them, 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 Personsshall be at liberty to search the said Books on Payment of the Fee mentioned in the Schedule hereunto annexed.

S-IV Attested Copies of recorded Searches to be given by Registrar, &c. upon Payment of Fee.

IV Attested Copies of recorded Searches to be given by Registrar, &c. upon Payment of Fee.

IV. And be it enacted, That 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 and Registrar of Judgments inIreland 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.

S-V Such Copy to be equivalent to a new Search to the same Extent.

V Such Copy to be equivalent to a new Search to the same Extent.

V. And be it enacted, That 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.

S-VI Fees to be accounted for as under Act for regulating Registry Office.

VI Fees to be accounted for as under Act for regulating Registry Office.

VI. And be it enacted, That 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.

S-VII Power to Treasury to alter the Forms of Indexes of Names and Lands directed by 2 & 3 W. 4. c. 87.

VII Power to Treasury to alter the Forms of Indexes of Names and Lands directed by 2 & 3 W. 4. c. 87.

VII. And whereas by the said Act of the Second and Third Years of His late Majesty KingWilliam 'the Fourth, intituled An Act for regulating the Office for registering Deeds, Conveyances, and Wills in Ireland, it was provided that alphabetical Indexes of the Names of the Persons and of the Lands affected by the Memorials registered in said Office should be made and kept in the Manner and according to the Form particularly specified in said Act: And whereas the making of Searches in said Office may be facilitated by Alterations in the Form of such Indexes:' Be it therefore enacted, That it shall and may be lawful for the Commissioners of Her Majesty's Treasury, or any Three of them for the Time being, by an Order under their Hands, 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 said Commissioners of Her Majesty's...

To continue reading

Request your trial