The Gazette 1913-14

The Gazette of the Incorporated Law Society of Ireland.

[MARCH, 1914

Labourers (Ireland) Acts. The Local Government Board have issued an Order undei the Labourers (Ireland) Acts, which revokes Rule 52 of the Labourers (Ireland) Order, 1912, and makes new regulations in reference to costs of title payable by Councils to persons whose lands are acquired under the Acts. The Board, in compliance with Section 31 of the Labourers (Ireland) Act, 1906, con sulted the President of the Incorporated Law Society before issuing the Order, and the President submitted to the Board at two meetings amendments to the draft Order, and the Board adopted several of the amend ments suggested by the President. The items in the scale contained in clause (5) of the new Order, as compared with the corresponding items in the Order of 1912. are in some instances reduced in amount. In the optional scale without taxation the only alteration made is the introduction of a new fee of £1 Is. up to £25. It will be observed that the rule providing the compulsory fixed fee of ten shillings and sixpence contained in the Order of 1912, for deducing title to land taken from " an occupier " does not appear in the new Order. Under the new Order, in all cases, the Solicitor may either tax his costs under the scale of items, or take the optional scale without taxation. In practice the Council are of opinion that the profession will find it more expeditious to accept the optional scale without taxation, provided the requirements of District Council Solicitors in respect to title are not too onerous. THE following is a copy of the new Order, which appeared in the Dublin Gazette of 27th February, 1914 :— Local Government Board for Ireland.

behalf, We, the Local Government Board for Ireland, after consultation with the President of the Incorporated Law Society of Ireland, do order, and it is hereby ordered, that the following shall be rules under the said Acts and shall have effect and be observed in regard to the several matters to which they relate :— J. This Order may be cited as "The Labourers (Ireland) Order, 1914," and shall be construed with the Labourers (Ireland) Order, 1912. 2. Rule 52 of the Labourers (Ireland) Order, 1912, is hereby revoked, and the following Rule 52 shall be inserted as so numbered in the said Order, and shall be read and construed as if it was therein substituted for the said Rule 52 hereby revoked :— (1). Where costs are payable by a Council to any person claiming to have any right to or interest in lands authorised to be taken under the Acts, for deducing his title in respect thereof, the bill of costs shall, save as hereinafter provided, be taxed by the Taxing Officer for the time being appointed by the Board for the purpose, and the sum certified under the hand of such Taxing Officer shall be the sum due in respect of such costs, and his certificate shall not be subject to any review. (2). For the purposes of such taxation the bill of costs shall be forwarded to the Clerk of the Council, who shall transmit the same, together with the proper taxation fee, to the Taxing Officer, after stating by endorsement on the bill the title of the Order authorising the acquisition of the plot of land affected, as well as the name of the townland and the reference number of the plot ; the interest of the claimant in such plot ; the amount of purchase money or compensation paid in respect of the plot; and whether the land has been taken " compulsorily " or "by agree ment." The short abstract or declaration of title as furnished to the Council's Solicitor shall also be forwarded. (3). The Taxing Officer shall serve at least two clear days' notice by prepaid letter on the Council and the parties claiming the costs, or their solicitors, specifying the place in the City of Dublin where and the time at which 52.

THE LABOURERS

(IRELAND) ORDER, 1914.

In pursuance of the powers vested in Us b'y the Labourers (Ireland) Acts, 1883 to 1911, and of all other powers enabling Us in this