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Owner may obtain a Declaration of indefeasible Title from Court.
Effect of Declaration.
Registry of Declaration.
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LI. Where any Owner of an Estate in Fee Simple in Land, whether subject to any Fee-farm or other perpetual Rent in Ireland, shall desire to have his Title thereto investigated by the Court, and a Judicial Declaration made thereon that he has a good and sufficient Title to the same, as alleged by him, with view to future Sale, Mortgage, or Registration thereof, or other Objects, it shall be lawful for him to make an Application to the Court for that Purpose, whereupon the said Court shall investigate such Title and give such Notices, by Advertisement or otherwise, as the Court may by General or Special Order direct, and otherwise proceed in like Manner as if a Sale of such Land had been sought by the Owner; and if such Title shall appear satisfactory to the Court, it shall be lawful for the Judge to wake and sign a written Declaration to that Effect, which shall be sealed with the Seal of the Court, and shall state, in a Schedule thereto, any Leases, Tenancies, and Incumbrances to which the Court shall find such Estate subject; and such Declaration, so signed, sealed, and registered as herein-after mentioned, shall have the Effect of making such Title so described in such Declaration (but subject to the Leases, Tenancies, and Incumbrances referred to in such Schedule,) conclusive and indefeasible from the Date of signing thereof by the Judge, in like Manner us same would have been vested in a, Purchaser upon a Sale and Conveyance to him by the Court upon an Application to it for a Sale of the said Land; and it shall mid may be lawful for such Owner to have such Declaration registered in the Office for the Registry of Deeds in Ireland, which original Declaration the Registrar of such Office is hereby authorized and directed to file as he is now bound by Law to do in respect to Memorials of Deeds, and shall receive such Fees on the Registration of such Declaration as are now chargeable on the Registration of Deeds; and the Registrar shall enter in the Books of the Registry the Name of the Person mentioned in said Declaration as having such Title, and the Name and Description of the Lands therein set forth, and shall refer to same on a Requisition for Searches, in like Manner as he is now bound by Law to enter the Names of Parties and Lands as described in Memorials of Deeds, and make such Return on Requisitions as aforesaid; and the Registrar shall from Time to Time give Attested Copies of such Declarations to any Persons who shall require the same, on Payment of the Fees payable in respect of Copies of Memorials, and such Copies of Declarations shall have all the Effect in Evidence which has been given by any Statute now in force with respect to Memorials of Deeds registered in the said Office: Provided always, that no Registration of such a Declaration shall be permitted by the said Registrar of Deeds, unless the Declaration be lodged with him within One Week from the Date of the Execution thereof by the Judge, and unless an Affidavit of the Execution of the same by such Judge shall be made by a Solicitor presenting the same, which Affidavit the said Registrar is hereby empowered to administer, and any Person swearing falsely in any such Affidavit shall be subject to all the Penalties and Punishment affixed by Law to the Crime of Perjury; and the said Court shall keep a Record of such Declaration in such Form and Manner as shall be provided by a General Order: Provided that if after such Investigation of Title under this Section the Owner may be at liberty, instead of obtaining such Declaration, to have the Land sold and conveyed by the Court, and the Fund realized by such Sale disposed of as if the Application had been originally to that Effect.
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