No. 40/1928:

CHATTEL MORTGAGES (REGISTRATION) ORDER, 1928.

CHATTEL MORTGAGES (REGISTRATION) ORDER, 1928.

WHEREAS it is enacted by sub-section (1) of Section 25 of the Agricultural Credit Act, 1927 (No. 24 of 1927) that as soon as conveniently may be after the formation and registration of the Agricultural Credit Corporation, Ltd. (hereinafter referred to as the Corporation), a register of chattel mortgages shall be set up in every Circuit Court Office, and shall be thenceforward there kept and maintained in accordance with the said Section 25 and the regulations made thereunder.

AND WHEREAS it is enacted by sub-section 8 of the said Section 25 that the Minister for Justice may by order make regulations in relation to all or any of the following matters that is to say:

(a) the form and contents of the several registers of chattel mortgages maintained under the said Section 25;

(b) the keeping and maintenance generally of such registers;

(c) the mode of registering a chattel mortgage in such registers and the evidence to be produced for the purpose of such registration of the due execution and stamping of such chattel mortgage;

(d) with the consent of the Minister for Finance, the fees to be charged and taken in respect of the registration of chattel mortgages in such registers, the removal of chattel mortgages from such registers, the inspection of such registers and any other matter relating to such registers; and

(e) the general preservation of the secrecy of such registers and in particular the evidence of authority to be produced by persons claiming to inspect or take copies of such registers,

AND WHEREAS the Corporation has been duly formed and registered.

NOW I, JAMES FITZGERALD-KENNEY, Minister for Justice, in exercise of the powers conferred upon me by sub-section 8 of Section 25 of the Agricultural Credit Act, 1927 (No. 24 of 1927) and of every and any other power enabling me in that behalf and with the consent duly obtained of the Minister for Finance so far as concerns the fees hereinafter prescribed, do hereby prescribe and order as follows:—

(1) This Order may be cited for all purposes as the Chattel Mortgages (Registration) Order, 1928.

(2) The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

(3) The Register of Chattel Mortgages to be kept in each Circuit Court Office shall consist of:

(a) copies of the chattel mortgages, filed and numbered in order of registration, and

(b) an index to the said chattel mortgages.

Each of the said copies shall be contained in an envelope on the outside of which shall be written the appropriate registration number. The envelopes and their contents shall be kept in a receptacle which shall be locked when not in use, and the key of which shall be kept under the personal control of the County Registrar.

The index shall consist of a book wherein shall be entered in alphabetical order, according to the initial letter of the surname, the name of each mortgagor, the situation of the farm, and the registration number of the relative chattel mortgage. The index shall be kept in the receptacle referred to above.

(4) A person requiring a chattel mortgage to be registered shall lodge in the appropriate Circuit Court Office:

(a) the original chattel mortgage; and

(b) a certified copy thereof.

The said certified copy shall be prepared in the following manner, viz.: it shall be typed or printed or partly typed and partly printed on strong paper of foolscap size ; the several sheets shall be bound together bookwise ; and the first or title page shall be filled in as in the specimen shown in the First Schedule hereto and shall contain no other matter.

(5) The documents lodged in the Circuit Office in accordance with Rule (4) shall be examined in that office with a view to ascertaining:

(a) whether the original document is in proper form;

(b) whether the proper Stamp Duty has been paid thereon, and

(c) whether the copy complies with the requirements of Rule 4 hereof.

(6) If, on examination, the County Registrar is not satisfied as to the matters referred to in Rule (5) he may require the person requesting registration:

(a) to produce an affidavit of the due execution of the original chattel mortgage by one of the witnesses to such execution ; and/or

(b) to produce a certificate from the Revenue Office to the effect that the proper stamp Duty has been paid, and/or

(c) to amend the copy;

and/or he may himself amend the copy.

(7) As soon as the County Registrar is satisfied as to the matters referred to in Rule (5) he shall register the chattel mortgage by:

(a) completing the first or title page of the copy in the manner indicated in the First Schedule hereto;

(b) placing the copy in an envelope, marking the envelope with the registration number, and placing the envelope in its proper order in the receptacle referred to in Rule (3);

(c) inserting in the index under the initial letter of the mortgagor's surname, the particulars required by Rule (3) to be shown in the index;

(d) marking the original chattel mortgage in the manner prescribed in the following rule, and returning it to the person from whom it was received.

(8) The original chattel mortgage shall be marked, on registration with the words "Registered this ............day of................................of the year............... in the Circuit Court Office for the County of..............................., pursuant to the Agricultural Credit Act, 1927 ............................................................ ............................................................ ............

County Registrar."

(9) The date of registration shall be the day and hour when the documents referred to in Rule (4) have been lodged in proper form, in the appropriate Circuit Court Office, but the hour of registration shall be indicated only when two or more chattel mortgages made by the same mortgagor are lodged for registration on the same day.

The registration number shall be composed of:

(a) The year of registration;

(b) the consecutive number of the particular chattel mortgages in that year commencing, in each year, with the number 1,

and shall be written thus : 127/1928, indicating the one hundred and twenty seventh chattel mortgage registered during the year 1928.

(10) Every application to inspect the register, or to make a copy of any part thereof or to have a chattel mortgage removed from the registrar, shall be made in writing signed by the applicant.

(11) Whenever the County Registrar is satisfied that a chattel mortgage should be removed from the register he shall:

(a) require the original chattel mortgage to be lodged and shall mark same by striking out the registration mark and by writing adjacent thereto the word "Removed," adding his signature and the date.

(b) cancel, in the same manner the lower portion of the title-page of the filed copy;

(c) strike out the appropriate entry in the index, adding the letter C, and his initials and the date;

(d) file, in the appropriate envelope, with the filed copy, any papers relating to such removal.

The markings indicated at (a), (b) and (c) shall be made in red ink.

(12) In all the transactions relating to the registration or removal of chattel mortgages or the inspection of the register the County Registrar shall, unless in any particular case he has reason to suspect the contrary, assume

(a) that a sealed chattel mortgage lodged for registration and certified according to Rule (4) to have been duly executed, has been duly executed.

(b) that written requests, authorities, or letters of identification which appear, prima facie, to be in proper form, are genuine, and may be acted upon.

(13) Save as is otherwise provided in this Rule, fees shall be charged and collected according to the Second Schedule hereto.

Fees shall not be payable by the Under-Sheriff or by any person in State employment in respect of anything required to be done by him in the course of his duties.

GIVEN under my Seal of Office this 25th day of June, 1928.

JAMES FITZGERALD-KENNEY,

Minister for Justice.

FIRST SCHEDULE.

(Specimen Title Page of Copy Chattel Mortgage.)

I certify on behalf of the mortgagee, that the copy chattel mortgage attached hereto is a true copy and that the original has been duly executed, and I apply that the said chattel mortgage be registered in the Circuit Court Office at Cork, pursuant to the Agricultural Credit Act, 1928 .

STEPHEN O'REILLY, Solicitor,

Macroom, 2nd July, 1928.

(The necessary stamp should be affixed and cancelled here.)

(All the above to be filled in by the person applying for registration, all below to be filled in in the Circuit Court Office.)

Checked by ............................................................ ...............................

Registration Number ............................................................ ..................

Date of Registration ............................................................ ...................

Signature of County Registrar ............................................................ .....

SECOND SCHEDULE.

FEES.