13/08/1923:

LAND PURCHASE ACTS.

LAND PURCHASE ACTS.

S. L. 14.

Directions dated the 13th day of August, 1923.

Abstract of Title may be type-written.

1. Abstracts of Title which are clearly and accurately type-written may be so received.

Claims may be vouched and paid before lodgment of Schedule of Incumbrances.

2. With a view to the speedy discharge of claims affecting the purchase money of an estate, the Examiner may settle and have engrossed and lodged a portion of the Final Schedule of Incumbrances, setting out any particular claim or claims, and he may, on notice to such person or persons, if any, as may appear to him to be entitled to notice by reason of having entered an appearance or otherwise, vouch any claim which he finds to affect the purchase money, and the payment of which could, in his opinion, safely be made before the ruling of the said schedule without prejudicing the claim or priority of any other person, and may direct the case to be entered before the Judicial Commissioner in Chamber for payment of the claim so vouched.

Solicitor for Vendor to have quit rents, title rent charges and Board of Works charges redeemed on payment of purchase money into Bank.

3. As soon as the purchase money of an estate has been paid into the Bank of Ireland it shall be the duty of the Solicitor for the Vendor, without waiting for the title to be ruled, to forthwith obtain the necessary receivable orders to enable the redemption under the preceding direction of any quit, crown, or composition rent, tithe rent charge or instalments in lieu thereof payable to the Irish Land Commission, or drainage or land improvement charge returned in the official certificates as affecting the estate the liability for which is admitted, and the payment of which could, in the opinion of the Examiner, safely be made before the ruling of the schedule of incumbrances, and to take all necessary steps to have the same redeemed.

Claimants may apply exparte to Examiner to vouch under Direction No 2.

4. Any person having a claim against the purchase money of an estate which has been paid into the Bank of Ireland, whether as owner of a superior interest, charge or incumbrance, or otherwise, and who is in a position to prove his claim, and either that such claim is a first charge against such purchase money, or the particulars of all claims having priority, may apply exparte to the Examiner to vouch such claim under the direction No. 2, and the Examiner may give such directions as may appear necessary having regard to the state of the proceedings, and the circumstances of the case, or he may postpone the application until the general vouching or an earlier date.

Affidavit of title to superior interest to be lodged within two months from payment of purchase money of estate into Bank.

5. Where any superior interest affecting land comprised in an estate is of such a nature as will necessarily be redeemed by the payment of a capital sum, and the redemption price of which would, on the basis of the prices for the time being fixed by the the Judicial Commissioner for similar claims, exceed £100, and such redemption price will not be applicable in its entirety towards the extinguishment of a superior rent, the person claiming to be entitled to such superior interest shall, at latest within two months from the date of the payment of the purchase money of the estate into the Bank of Ireland, lodge in the Examiner's Office an affidavit in proof of his claim prepared in accordance with the Directions dated 27th February, 1909, or such directions in that behalf as may be in force for the time being ; provided the Examiner may, on application made to him before the expiration of the said period, by minute under his hand extend the time for lodgment to a specified date, stating the reason for such extension. In any case where this direction is not complied with no costs of title shall be allowed to the person in default without the order of the Judicial Commissioner.

Limitation of retainers for costs.

6. No retainer of funds for costs shall be effective for a longer period than six months, unless the Judicial Commissioner orders retention for a longer period, and at the expiration of the period of retention the funds may be distributed without regard to the claim for such costs ; provided that application may be made to the Judge before the expiration of the period of retention to extend such period, and, if the period of retention expires at a date when the Court is not sitting, the retainer shall not be discharged until after the first subsequent day on which the Judge shall sit.

Every existing retainer of funds for costs shall be discharged on the 31st March, 1924, unless the Judge shall, upon application made to him before that date, extend the period of retention.

W. E. WYLIE,

Judicial Commissioner.