Plans to be may be in Stamp Duty to be imposed by any future Act, unless such Instruments be specially subjected and specifically charged therewith by any future Act. 32. A Copy of the Plans of the prescribed Lands shall be deposited in the Office of the deposited, and Clerk of the Peace for the City of London, and shall remain at the said Office to the end spected. that all Persons may at all reasonable Times inspect the same at their Pleasure, paying One Shilling at each Inspection. CA P. LXXXVIII. Short Title and An Act for the recording of Titles to Land in Ireland. [5th July 1865.] WHEREAS it is expedient that Titles conferred by the Landed Estates Court, Ireland, should be kept free from Complication, so that subsequent Dealings with the Estates held under such Titles may be more simple and economical:' 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. This Act may be cited for all Purposes as "The Record of Title Act (Ireland), 1865;" Extent of Act. it shall apply to Ireland only, and shall come into operation on the Second Day of November One thousand eight hundred and sixty-five. Construction of 2. In the Construction of this Act (except where the Context or other Provisions of this Act require a different Construction) The Word "Judge" shall mean One of the Judges of the Landed Estates Court, The Word" Court" shall mean the Landed Estates Court, Ireland: The Word" Officer" shall mean the Officer for the Time being of the Landed Estates Court, Ireland, whose Duty it shall be to carry out this Act, under the Direction of the said Court: The Word "Record" shall mean the Book or Books to be provided and kept for the recording of Titles, pursuant to this Act, in the Landed Estates Court: The Word" Land" shall extend to Manors, Messuages, Advowsons, Rectories, Tithes, Lands, Tenements, and Hereditaments, and to Rents or Annuities charged upon Hereditaments, whether subject to any Fee-farm or other perpetual Rent, with or without Condition of Re-entry for securing the same, or otherwise, and whether corporeal or incorporeal, and to any undivided Share thereof: The Word "Lease" shall include an Agreement for a Lease, and the Estate or Interest created or agreed to be created by a Lease or Agreement in the whole or any Part of the Land therein comprised, and shall include any Term of Years: The Word "Owner," as applied to Land, shall include any Person entitled in possession The Words "Person" or "Owner" shall extend to a Body Politic or Corporate: The The Word "Certificate" or "Land Certificate" shall include the Counterpart of a Conveyance, or the Duplicate of a Judicial Declaration of Title recorded pursuant to this Act: The Word "Settlement" shall include any Instrument under which any Land or Lease shall be at Law or in Equity so limited as to create partial or limited Estates or Interests: The Expression "recorded Estate" shall mean any Land or Lease the Title to which shall be recorded under the Provisions of this Act. Record of Title to be established of Land which has been the Subject of Conveyance or 3. There shall be established a Record of Title, to be kept under the Control and Direction of the Landed Estates Court; and the Office in which such Record is kept shall be called "the Record of Title Office" of the said Court. Record of Title to be established under Landed Estates Court. Any Conveyance from the Court may be recorded under 4. Any Person, upon obtaining a Conveyance from the Court of any Land or Lease, or of any Interest therein, shall be entitled to have such Conveyance entered in the Record, and on the same being so entered the Land or Lease, or Interest therein, comprised in such Conveyance, shall be and be deemed to be for the Purposes of this Act a "recorded this Act. Estate." 6 the Court as 5. And whereas the Court has Power to grant a Judicial Declaration of Title to a Fee Extension of Simple Estate, and it is desirable to extend such Power:' Be it therefore enacted, That, the Powers of notwithstanding anything contained in an Act of the Twenty-first and Twenty-second to granting Years of the Reign of Her Majesty, intituled An Act to facilitate the Sale and Transfer of Declarations Land in Ireland, the Court may, on the Application of the Owner of any Land or Lease of of Title. any Tenure in Ireland, proceed to investigate his Title to the Estate or Interest or Power in respect of which he claims to be such Owner, and grant such Declaration, in the Manner directed by the said Act. 21 & 22 Vict. c. 72. may be re 6. Any Person, upon obtaining a Declaration of Title from the Court, shall be entitled to Every Declahave such Declaration entered upon the Record, and thereupon the Land or Lease comprised ration of Title therein shall be and be deemed to be a recorded Estate; and no Declaration of Title so corded, and entered upon the Record shall be registered in the Office for registering Deeds in Ireland; need not be and it shall not be necessary to keep in the Court any other Record or Copy of any such registered in Declaration of Title than that herein-after mentioned, anything in the said recited Act, or Registry. in any Rule or Order made pursuant thereto, notwithstanding. the Deeds recorded under 7. Any Person to whom any Conveyance or Declaration of Title shall be given by the Any Person Court may, by Requisition under his Hand, lodged in the proper Office of the Court within obtaining a Seven Days after the Execution of such Conveyance or Declaration by a Judge, require Declaration Conveyance or that the Title so conferred shall not be recorded under this Act; and on such Requisition may decline to the Court shall deliver out such Conveyance or Declaration, and the same shall not be have his Title recorded: The Provisions of the said Act of the Twenty-first and Twenty-second Years this Act of the Reign of Her Majesty, as to the Registration of Declarations of Title in the Office for registering Deeds, shall in that Case take effect as though this Act had not been passed: Provided always, that any Declaration of Title made after the passing of this Act, and not recorded pursuant to this Act, may be registered in the said Office for registering Deeds at any Time within Fourteen Days after the Execution thereof by the Judge. rations when 8. All Conveyances and Declarations which are retained for the Purpose of being Conveyances recorded under this Act shall be entered in the Book or Books forming the Record, and and Declabound up therein, leaving Space for further Entries; and each of such Conveyances and recorded to be Declarations, together with the further Entries (if any) thereunder, shall form a Division entered, each (herein-after called a Folio) of the Record, distinguished by a separate Number, or in such other Manner as the Officer may determine. to form, with subsequent Entries, a Folio. 9. A Counter Duplicates of 9. A Counterpart of every Conveyance and a Duplicate of every Declaration of Title, recorded as aforesaid, signed by a Judge, and under the Seal of the Court, may be issued to may be issued. the Person entitled thereto; and every such Counterpart or Duplicate so issued shall be or Declarations Books of Re cord not to be inspected without Leave. Index to be made. Questions arising on the Record to be disposed of by a Judge, who may decide or deal with the same as may seem right. marked by the Officer with a Memorandum of the recording as aforesaid; and every such Counterpart or Duplicate so marked shall as of the Date thereof be and be deemed to be for all Purposes as effectual as a "Land Certificate" granted as herein-after mentioned, and shall for the Purposes of this Act be regarded as a Land Certificate. 10. The Record shall be kept in the Office, and shall not be removed therefrom for any Purpose, unless the Court shall direct. The Record may be inspected by the recorded Owners of the Estates and Interests, or of the Mortgages and Incumbrances recorded therein respectively, or by their Solicitors or Agents. No other Person shall be permitted to inspect or to take Copies of or Extracts from the Record, unless authorized by any such Owner or by Fiat of a Judge. An Index to recorded Estates shall be made and regularly entered up; and such Index may be inspected by any Person without Payment of any Fee. 11. If in making up or continuing such Record of Title as aforesaid any Question shall arise as to the true Construction or legal Validity or Effect of any Deed, Will, or Instrument, or as to the Persons entitled, or the Extent or Nature of the Estate, Right, or Interest, Power or Authority, of any Person or Class of Persons, or the Priority of any Charge or Incumbrance, Claim or Interest, or as to the Mode in which any Entry ought to be made in the Record of Title, such Questions shall be disposed of by the Judge, who may either decide the same, or direct any Proceeding at Law or in Equity for that Purpose, or, at his Discretion, and without deciding such Question, may direct such Entry to be made on the Record as shall appear to be right; and the Judge may direct the Estate or Interest of any Person to be recorded by reference to the Deed, Will, or Instrument creating the same, or Copy thereof made and retained in Court, as herein-after directed. 12. Subject to any Qualification mentioned in such Record of Title, and to any recorded Owners to be Charges, Incumbrances, Tenancies, or Leases, and to any Tenancy or Lease not required to be noted on the Record, the recorded Owner for the Time being shall be and be deemed to be absolutely and indefeasibly possessed of and entitled to such recorded Estate, against all Persons, and free from all Rights, Interests, Claims, and Demands whatsoever, including any Estate, Claim, or Interest of Her Majesty, Her Heirs and Successors: Provided always, that nothing herein contained shall prejudice or affect any Rentcharge in lieu of Tithe, or any Crown Rent or Quitrent to the Crown, or any Charge imposed before the Day of the passing of this Act under any Public Act or Acts for promoting Drainage or Land Improvement in Ireland. Recorded entitled to the Estates mentioned on the Record, free from all other Claims. Informality not to prejudice Entry in Record of Title. Every Charge, &c. to be entered in Record of Title. Estates of Proprietors subject to existing Law. Acts relating to Registry of Deeds not to apply to recorded Land. 13. No Entry in such Record of Title as aforesaid shall be set aside or called in question as against any Person who may afterwards become interested under any Sale, Mortgage, or Contract for valuable Consideration, by reason of any Irregularity or Informality therein, or in the Proceedings previous to the making thereof. 14. From and after the recording of any Land or Lease, every Settlement, Transfer, Mortgage, Charge, Lease, or Sub-Lease granted or in any Manner created in or affecting such Land or Lease or any Part thereof (except as herein excepted), shall be entered or noted in the Record of Title to be kept as aforesaid. Recorded Charges on the same Land or Lease shall, as between themselves, rank according to the Date of their being recorded, and not according to the Date of their Creation. 15. Subject to the Enactments herein contained, the Estates and Interests of all recorded Owners shall remain subject to the existing Law, and may be dealt with, assured, devised, and transmitted by Descent or Representation according to the ordinary Rules of Law and Equity. 16. The Provisions of the several Acts of Parliament now in force relating to the Registry of Deeds in Ireland shall cease to be applicable to any Land so soon as it has been placed on the Record under the Provisions of this Act, and so long as it remains thereon; and the said said several Acts shall not be applicable to any Lease, Charge, or Incumbrance on the Record, so far as the same affects any recorded Estate: Provided always, that so soon as any Conveyance or Declaration of Title has been recorded under this Act, a Memorial of the placing of the Land or Lease on the Record shall be prepared specifying the recorded Ownership and full Description of the Lands, which Memorial shall be certified under the Seal of the Court, and shall be forthwith handed to the Registrar of the Registry of Deeds in Ireland; and such Registrar is hereby authorized and directed to file such Memorial, when duly verified, in the same way as Memorials of Deeds, and shall receive such Fees thereon as now chargeable for Memorials of Deeds, and the said Registrar shall duly enter in the Registry the Name of the said Owner and the Description of the Lands, and shall make the usual Return on any Requisition as with regard to Memorials of Deeds. Such Memorial, when registered, shall be conclusive Evidence of the several Matters therein contained. Record on Fiat to be made in 17. The Officer shall, when directed by a Fiat of a Judge, but not further or otherwise, Power to make any Amendment or correct any Error in the Record or in any Map thereto annexed, amend the as the Judge shall consider just; such Amendment or Correction shall be made after such of a Judge, Notices, and on such Terms as to Costs or otherwise, as the Judge may think fit. Every and the like such Amendment or Correction in the Record shall be marked by the Officer with the Date Amendment of making the same, and with the Initials of his Name; and any Certificate which may Land Certifihave been issued as herein-after mentioned, or other Instrument of Title, shall be amended cate. in like Manner; and the Judge may direct and compel any such Certificate or Instrument Power to order of Title to be brought to the Office by any Person for the Purpose of Amendment, or for a the Purpose of having a new Certificate granted in lieu thereof; and such Amendment of the old or substitution of a new Certificate shall be without Prejudice to any Claim of Lien or other Claim thereon, and shall be on such Terms as to Costs as may be just. As to Land Certificates and Certificates of Charges. Certificate to be brought in to be amended or a new one substituted. Certificates. Officer to compare Certificate Record. with the 18. The Officer shall, upon Request, deliver to every Person who is named or described Officer to in the Record as the Owner of any recorded Estate a Certificate, herein called a "Land deliver Land Certificate," under the Seal of the Office, which_Certificate shall contain a Copy of the Description of the Estate and Particulars of the Incumbrances, Leases, and other Matters in force relating thereto, and a Copy of the Map (if any); the Officer shall also, upon Certificates of Request, deliver to every Person who is named or described in the Record as the Owner of Charge to be any Charge or Incumbrance a Certificate of Charge: Provided always, that no Certificate also issued. shall be issued until any Duplicate Conveyance or Declaration or former Certificate (as the Case may be) which may have been issued shall be returned to the Officer to be cancelled. 19. At the Request of the Holder the Officer shall at any Time compare any such Certificate with the Record, and, if there has been no Alteration, shall certify at the Foot of such Certificate that it contains a true Statement of the Entries in the Record, and shall sign the same and add the Date of such Signature. Any Alteration or Omission which can be conveniently made in a Certificate, or any Addition thereto, so as to make the same correspond with any Alteration in the Record, may be made and signed by the Officer, if he shall think fit. Before recording any Transfer or other Dealing (except a Lease), the Officer shall serve a Notice thereof on the recorded Owner in the Manner directed by Section Sixty-four of this Act, unless such Owner shall appear in Person, and be identified to the Satisfaction of the Officer; and the Officer shall also require the Production of the Certificate or other Instrument of Title equivalent thereto that may have been issued; and when such Transfer or Disposition has been completed such Certificate or Instrument of Title (if re-issued) shall be made up so as to correspond with the Record. A new Certificate may be granted on the Delivery up of the former Certificate. 20. Whenever any recorded Owner shall be desirous of selling or mortgaging any Recorded recorded Estate he may, on giving up to the Officer his Land Certificate, obtain a "special Owner desirous Land Certificate" for that Purpose, which shall contain the Particulars given in the Land of selling, &c. Certificate. Such special Certificate shall be conclusive Evidence of the Title of the special Land recorded Owner as appearing by the Record. No Entry shall be made by the Officer in Certificate. 3 F 2 the may obtain Certificate to be Evidence, and may be deposited as Security. Power of sub or Charge, and of obtaining new Certificates. the Record of any Deed, Instrument, Act, or Transaction affecting the Estate comprised in such special Certificate, except on the Delivery up of such special Certificate, until Fourteen Days have expired from and after the Day of the Date thereof. A Note of such special Certificate shall be entered in the Record. 21. Every Land Certificate, or Certificate of Charge, duly signed and sealed, shall be conclusive Evidence of the several Matters therein contained as of the Date of such Certificate. The Deposit of the Certificate by the Person entitled thereto shall, for the Purpose of creating a Lien on his Estate and Interest, be a valid Security in the Terms of any Letter or Memorandum or Agreement accompanying such Deposit; and such Letter or Memorandum or Agreement shall be chargeable with the same Stamp Duty as a Mortgage would have been according to the Stamp Acts now in force. 22. Any Owner of a recorded Estate or Charge, on making Application to the Officer, dividing Land and upon giving up his Certificate to be cancelled, and on producing the Consent of any Incumbrancer or other Person whose Consent shall be deemed necessary, may obtain separate Certificates for separate Parcels of Land, or for separate Portions of any Charge, or may obtain One Certificate comprising several Parcels of Land or Charges; and in such Case the old Folio of the Record may be cancelled, and new Folios or Chapters relating to such Subdivisions may be opened therein. Procedure on Apportionments may be nade and Surveys directed for the Pur poses of Subdivision. On Proof of be given. Modes by 23. On the Transfer of Part of a recorded Estate a new Folio shall be opened in respect of such Part, and a new Land Certificate issued; and a suitable Entry shall at the same Time be made on the Folio and Map relating to the Residue and on the Certificate thereof; or, if the Officer shall deem it more convenient, he may cancel the old Folio, and open a new one, and issue a new Certificate in respect of the Residue of the Estate. 24. If for any Purpose mentioned in the last Section any Apportionment of Head Rent or of Tenant's Rent shall be desirable, the Court may apportion such Rent, whether the same be reserved by a Fee-farm Grant or by a Lease, according to its usual Practice with regard to Apportionments, and on the like Notices or Consents being produced: Provided always, that the Officer may, if he deem it necessary, require a new Boundary Survey to be made and new Maps furnished before proceeding to open new Folios in the Record as to separate Parcels of Land. 25. If any Land Certificate or Certificate of Charge be lost or destroyed, the Officer may, upon the Fiat of the Judge who shall be satisfied of the Fact of such Loss or Destruction, and shall direct such public Advertisement for the Recovery of the same as he may consider expedient, give a new Certificate, and shall state thereon that it is given in substitution for the former Certificate, and the same Fees shall be chargeable for the new as for the former Certificate; but no such new Certificate shall be of any Avail against any Person who may have already derived Title under the former Certificate. Transfer and Transmission of recorded Estates and Charges. 26. Recorded Estates and recorded Charges may be conveyed, charged, settled, dealt which recorded with, or affected Estates and Charges may be dealt with. Attendance of By a Statutory Deed or Disposition in either of the Forms in the Schedule annexed to this Act; By Indorsement on the Certificate; By Deposit of the Certificate as aforesaid; By Deed, Will, Decree, Order, or other Means by which such Land or Charge, if not recorded, might now, according to Law, be dealt with or affected; but no Estate, Interest, Contract, or Dealing not noted on the Record shall prevail against the Title of any Owner or of the Proprietor of any Estate, Interest, Charge, or Incumbrance duly recorded under this Act; and no equitable Mortgage or Lien on recorded Land shall be created by Deposit of Title Deeds. 27. On the Occasion of any Transfer, Mortgage, or other Disposition of a recorded. Estate, or of any Charge or Incumbrance thereon, the Parties or their Attorneys lawfully authorized |