Superior Court Rules

ORDER 81

THE BILLS OF SALE (IRELAND) ACTS, 1879 AND 1883

1. The Master shall execute the office of Registrar for the purpose of the Bills of Sale (Ireland) Acts, 1879 and 1883.

2. A memorandum of satisfaction may be ordered by the Master to be written upon a registered copy of a bill of sale, on a requisition signed by a solicitor, and a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale, and verified by affidavit being produced to the Master and filed in the Central Office. Such requisition and consent shall be in the Form No 1 in Appendix R.

3. Where consent cannot be obtained, the Master may, on application by motion on notice and on hearing the person entitled to the bill of sale, and on proof to his satisfaction, that the debt (if any) for which the bill of sale was made has been satisfied or discharged, order a memorandum of satisfaction to be written upon a registered copy thereof.

4. Any person shall be entitled, on payment of the proper fee, to search the Register of Bills of Sale, and to inspect, examine, and make extracts from every registered bill of sale, without being required to make a written application or to specify any particulars in reference thereto. Extracts shall be confined to the date of execution, registration, renewal of registration, and satisfaction, names, addresses and occupations of parties, and amount of consideration.

5. The abstract of the contents of a bill of sale required by the Bills of Sale (Ireland) Act (1879) Amendment Act, 1883, to be transmitted to a Clerk of the Peace shall be transmitted to the appropriate County Registrar and shall be in Form No 2 in Appendix R.

6. Where a bill of sale shall be re-registered under the Bills of Sale (Ireland) Act, 1879, section 11, an abstract of the re-registration shall be transmitted by post to the County Registrar to whom such abstract should have been transmitted had the bill of sale been registered under the Bills of Sale (Ireland) Act (1879) Amendment Act, 1883.

7. Where a memorandum of satisfaction has been or shall be written upon any registered or re-registered copy of a bill of sale, an abstract of which has been transmitted to any County Registrar, a notice of such satisfaction, in the Form No 3 in Appendix R shall be transmitted to each County Registrar to whom an abstract of such bill of sale shall have been transmitted.

8. Each County Registrar shall number the abstracts and notices of satisfaction in the order in which they shall respectively be received by him, and shall file and keep them in his office.

9. Each County Registrar shall keep an index, alphabetically arranged, in which he shall enter under the first letter of the surname of the mortgagor or assignor, such surname, together with the appropriate Christian names, address and description, and the number which has been affixed to the abstract.

10. Upon the receipt of a notice of satisfaction, the County Registrar shall enter the notice of satisfaction on the abstract of the bill to which it relates, and shall note in the index against the name of the mortgagor or assignor the fact of the satisfaction having been entered.

11. The County Registrar shall allow any person to search the index during office hours upon payment of a fee of €0.60, and to make extracts from the abstract and notice of satisfaction (if any) upon payment of €0.60 for each abstract inspected.

12. The County Registrar shall also, if required, cause an office copy to be made of any extract or notice of satisfaction and shall be entitled for making and marking the same, to the same fee as is payable in the Central Office.

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