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Board Of Works (Ireland)—Loans Under The Land Act—Question

Volume 220: debated on Monday 22 June 1874

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asked the Chief Secretary for Ireland, If he is aware of the existence of any rule of the Board of Works in Ireland requiring all deeds for securing loans to tenants under the Land Act to be witnessed by the Solicitor for the Board, or his clerk, no matter where the parties may reside; and, if so, whether he is prepared to maintain a rule, involving in some cases great expense to the tenants taking advantage of the Act, as essential for the security of the Board?

Sir, the sales referred to by the hon. and learned Member are sales under the 35 & 36 Vict., e. 31, sec. 1, sub-sec. 3, amending the Landlord and Tenant Act of 1870. There have been only three sales under that Act, and they have been conducted in the usual manner, the responsibility of investigating title and securing the Board's advance devolving on the Solicitor to the Board. The conveyance to the tenant and the mortgage to the Board are effected by one deed, the form of which has been settled and printed for the use of the public. Following the usual practice in such cases, the Solicitor has required that the deed securing the Board's advance should be executed by the parties in his presence, or in the presence of one of the Board's officers, not only for better security, but to facilitate proof of due execution, should such become necessary. No costs, save disbursements, are charged either against landlord or tenant. In the case referred to by the hon. and learned Member, the Board's advance to the tenants amounts to about £4,000, and the only charge against them will be the expense of witnessing the execution of the deed of conveyance and mortgage, amounting, it is calculated, to only 13s. each. With regard to the execution of the deed by the landlord in London, the solicitor for the tenants was informed more than three weeks since that the Board's solicitor expected to be in London during the month, and could see it executed without charge, but no reply has been received.