HC Deb 24 July 1896 vol 43 cc594-5
MR. MAURICE HEALY (Cork)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland if he can state the reasons why the Land Commission consider it necessary to retain the land certificate issued to tenant purchasers by the registrar of titles during the continuance of the purchase annuity; whether the attention of the Land Commission has been called to the fact that the issue of the certificate could not injure them in any way as their mortgage debt is expressly mentioned both on the face of the certificate and on the register, and that the effect of the retention is to compel proprietors, who wish to borrow money on the security of their holdings, to execute a legal mortgage at heavy cost, whereas if they held the land certificate they could borrow without law costs by merely pledging the certificate; and, whether the Land Commission will consider the desirability of withdrawing the rule which they have made on this subject?

THE CHIEF SECRETARY FOR IRELAND (Mr. GERALD BALFOUR,) Leeds, Central

The Land Commissioners consider it is essential that they should retain the land certificate so long as the advance is outstanding, because, if it became necessary to sell the holding for default of payment of the instalments, it is necessary that the original land certificate should be deposited with the registrar of titles, either to be cancelled or to be endorsed according to the circumstances of the transfer. It is evident that if the certificate was in the hands of the defaulter, delay and embarrassment would be caused in selling holdings for default. The rule in question was framed after consultation with Mr. Justice Monroe, the then head of the Registration of Title Department, and that rule makes it a condition to the making of an advance that the land certificate should be so retained by the land Commission. Tenant purchasers are in no way in a worse position with regard to obtaining loans on the security of their holdings than they were previous to the passing of the Local Registration of Title Act. A copy of the land certificate is in every case furnished to them in lieu of the copy conveyance which was formerly issued to them. Under the circumstances stated, the Land Commission do not consider the rule referred to should be withdrawn.