§ (1) Where a person desirous of obtaining an advance under the last preceding Section is not in a position to secure the repayment of the advance in accordance with the provisions of that Section owing to defective title or the insufficiency of 1253 his interest in the site or of the value of that interest, and the other persons whose concurrence is necessary in order to remedy or remove the defect or insufficiency are unable or unwilling to concur in securing the advance, he may apply to the Land Judge for an order charging the ownership of the site and any inferior interest therein with the repayment of the advance and interest.
§ (2) On any such application the Land Judge may direct such inquiries and investigations as he thinks proper for the purpose of ascertaining the title to the ownership of the site and the values of the several interests therein, and if after giving to all persons interested an opportunity of being heard it appears to him that the advance would enure to the benefit of other interests besides the in terest of the applicant, and that all those interests afford together sufficient security for the advance, he may make an order charging all such interests and each of them with the repayment of the advance and interest, and may by the same or any other order apportion the advance, interest, and instalments as between the several interests charged in proportion to the benefit accruing from the advance.
§ (3) Subject to the limitations imposed by the last preceding Section the amount of the advance, the rate of interest, and the term and method of repayment shall be at the discretion of the Land Judge.
§ (4) Provision may be made by the charging order for ensuring that the advance will be applied in defraying the expenses of the works of rebuilding or restoration and for any other matters for which, in the opinion of the Land Judge, provision ought to be made.
§ (5) A charging order shall be effectual to charge each interest expressed to be charged with the repayment to the corporation of the advance and interest in manner therein provided as a first charge in priority to all charges and incumbrances thereon and the order shall be registered in the proper office for the registration of deeds or titles as the case requires in such manner as the Land Judge may direct.
§ (6) Where the Land Judge makes an apportionment order he may, if he thinks 1254 fit, declare that the whole of the principal money, interest, and instalments for the time being payable under the charging order shall, in the first instance, be paid by and recoverable from the owners for the time being of any interest in the site which he may specify, and may provide for contribution and adjustment of rights and liabilities as between the several interests charged and the several owners thereof for the time being in such manner as appears to him to be equitable, but nothing in the order shall operate to prevent the corporation exercising their remedies as against all or any of the interests charged for the recovery of the whole of the advance, interest, or instalment for the time being payable.
§ (7) Applications under this Section and the practice and procedure thereon (including costs) shall be regulated by rules made by the Land Judge, who may, if he thinks fit, apply for the purposes of this Section any enactment or rules regulating practice and procedure in the High Court, or any Division or Court thereof, with such modifications as he deems proper.
§ Amendments made: In-Sub-section (1), leave out the word "inferior" ["and any inferior interest therein"].
§ In Sub-section (2), at the end, insert the words "to the owners of those interests respectively."
§ In Sub-section (5), leave out the words "and the order shall be registered in the proper office for the registration of deeds or titles as the case requires in such manner as the Land Judge may direct."—[Mr. Duke.]
§ Mr. DUKE
I beg to move, in Sub-sections (6) and (7), to leave out the words "but nothing in the order shall operate to prevent the corporation exercising their remedies as against all or any of the interests charged for the recovery of the whole of the advance, interest, or instalment for the time being payable.
(7) Applications under this Section and the practice and procedure thereon (including costs) shall be regulated by rules made by the Land Judge who may, if he thinks fit, apply for the purposes of this Section any enactments or rules regulating practice and procedure in the High Court, or any Division of Court thereof, with such 1255 modifications as he deems proper, "and insert instead thereof the words:
"(7) The Land Judge shall have power to apportion the liability for any charge or incumbrance which affects any other lands or interests as well as the interest charged or proposed to be charged under this Section, and to provide for such contribution as between the lands and interests liable, and such adjustments of rights and liabilities (including indemnities) in relation to the common liabilty as appear to him to be equitable.
(8) For the purposes of this Section the Land Judge, in addition to his powers and jurisdiction as Land Judge, shall have and may exercise all such powers and jurisdiction as are vested in or ex-erciseable by the High Court or any division, court, or judge thereof, under any enactments or rules which are applied for the purposes aforesaid by rules made under this section.
(9) The Land Judge may review, rescind, or vary any order made under this Section, but no such order shall be subject to appeal and no proceedings before the Land Judge under this Section shall be removed into or restrained or questioned by any Court.
(10) The Judicial Commissioner or any other judge of the Supreme Court who may be nominated in that behalf by the Lord Chancellor and so Consents may, during the absence of the Land Judge, through illness or any other cause, act as Land Judge for the purposes of this Section, and whilst so acting shall have and may exercise all the powers and jurisdiction of the Land Judge for those purposes.
Arrangements may be made between the Land Judge and the Judicial Commissioner for the performance by officers of the Land Commission in cases of urgency of any duties under this Section which may be directed by the Land Judge, and those duties shall be performed by those officers accordingly.
(11) The Land Judge may make rules for carrying the foregoing provisions of this Section into effect, and may by any such rules regulate the practice and procedure under this Section (including costs), and for that purpose may adapt any enactments or rules regulating practice and procedure in the High Court or any division or court thereof.
1256 (12) For enforcing a charging order made under this Section the corporation, in addition to any other powers and remedies in that behalf, shall have and may exercise all the powers and remedies which are conferred on mortgagees by the Conveyancing Acts, 1881 to 1911; and those Acts shall apply accordingly in like manner as if the order were a mortgage made by deed."
I move this in order to make some improvement of the machinery under which the learned judge of the Land Court, Mr. Justice Ross, will take charge of the difficult task of distributing the burdens which arise in respect of the loans contemplated by this Bill. At the time when the Bill was in Committee I secured the consent of the learned judge to undertake this laborious and complex piece of work. I found it was regarded with great satisfaction that there should be recourse to a judge in whom such general confidence is reposed, and I took the opportunity after the Bill had passed out of Committee of giving effect to the object we had in view. In consultation between him and the draftsman of the Irish Office this Amendment was evolved. When the proposed Amendment had been drafted the opinion of those who had practical interests in the matter and practical experience of dealing with transactions of this kind was ascertained, and representations were made to me by the governing body of the Incorporated Law Society that the proposed register which had been devised, and for which I was prepared to take the responsibility, was not the best to have formed. An Amendment has been drafted in accordance with the suggestions of the Incorporated Law Society in which I understand the learned Judge of the Land Court concurs, and which will be moved by the hon. Member (Mr. Brady) in place of Sub-section (13), which I have upon the Paper.
The word "Court" is used in Sub-section (8), and in the Amendment which has been accepted with respect to licences the word "Court" is also used. I suppose one would be the Recorder's Court, and the other the High Court. Perhaps the hon. Gentleman will consider whether a definition of "Court" should be inserted in the Bill.
§ Amendment agreed to.1257
§ Mr. BRADY
I beg to move to insert a new Sub-section (13):
"It shall be the duty of the corporation to cause each charging order to be registered forthwith in a special register to be kept for the purpose by the Registrar of Deeds. The special register shall be kept and registration therein shall be effected in such manner as may be prescribed by regulations made by the Land Judge and the registration of an order in accordance with those regulations shall be in substitution for registration under any enactments relating to registration, and the order and the charge thereby created shall be exempt from the provisions of any such enactments accordingly.
The regulations may—
I should like to take this opportunity on behalf of the Incorporated Law Society of Ireland of thanking the right hon. Gentleman for the sympathetic consideration which he extended to the representations made by the Society to him, and also to the learned judge who is to take charge of this matter. There is no controversy about this Clause. The Dublin Corporation have had an opportunity of considering it. It is considered very undesirable that a new-register should be set up in view of the existing Registry of Deeds. All the parties, including the Property Losses Association have considered the matter and this new Sub-Clause has been agreed to.
- (a) Provide for the register being being open for inspection at all reasonable times, and for the issue of certificates as to orders registered, and as to entries with respect to any specified land or interest;
- (b) Prescribe the fees which may be charged for inspection or for certificates, and the method in which fees are to be applied and accounted for;
- (c) Provide for any other matters in respect of which, in the opinion of the Land Judge, provision ought to be made."
§ Amendment agreed to.