The Gazette 1908-9

DEC., 1908]

The Gazette of the Incorporated Law Society of Ireland.

requisitions of the District Council's solicitor.

The owner's costs of making title are then

furnished to the solicitor for the Rural District

Council, and by him submitted to the Local

Government Board, who hitherto have sent

the bill of costs to their own solicitor to be

taxed by him in accordance with the Board's

instructions. The costs are then returned to

the Local Government Board, who thereupon

certify the amount payable by the District

Council. No information has been offered to

solicitors for owners in respect of the items in

the costs disallowed or reduced ; or how the

amount ultimately certified is arrived at; and

no opportunity has been given to them of

making any explanation in reference to such

items which had been so disallowed or reduced.

This system of taxation appeared so manifestly

unjust the Council requested the Board to

receive a deputation from their body to lay

their views before the Board, but the request

was refused.

In February a letter was written

by our Secretary requesting the Local Govern

ment Board to make arrangements whereby

solicitors interested in the taxation of bills of

costs under the Labourers (Ireland) Act, 1906,

should receive notice of the time and place of

taxation, and should be afforded an opportunity

of being present thereat.

In reply the Board

stated they did not think it necessary that the

Rural District Councils and other persons

interested should be put to additional expense

by their requiring solicitors

to attend, or

otherwise take part in the proceedings on

taxation, unless in very exceptional circum

stances.

In the month of April the Vice-

President of the Local Government Board

requested me to confer with him in reference

to the subject of the taxation of the costs

of owners of' land acquired under the Act.

I accordingly attended, and expressed my

opinion that the method of taxation was not a

taxation at all, and that the Board had been

acting

ultra vires

in the matter. The Vice-

President then produced

a paper, stating

that it was a draft of a proposed schedule

of fees, and asked me to

look over them,

and give him my views thereon.

I replied

that I had been invited to attend in order

to discuss the system of taxation of costs

adopted by the Board, and nothing further,

and that it would be unreasonable to spring on

me a schedule of fees that I had never seen.

The Vice-President then directed the schedule

should be sent in order to give me an oppor

tunity of submitting same for the consideration

of the Council, and on the 26th April, 1908, I

received from the Local Government Board a

draft of a suggested

scale of charges for

solicitors to owners whose lands had been

acquired.

I replied early in May, suggesting

the making of a new rule providing for the

use of a form of declaration of title by owners,

and that for the preparation of and costs

incident to which the solicitor should receive

a fixed fee. Afterwards I submitted a draft

form of such a declaration to the Board for its

approval, and I received a reply suggesting

alterations in the form, and stating that if the

Board decided to issue the form, its action

must be

limited

to recommending its use

rather than prescribing its general use. The

Board further stated that they were anxious to

hear from me on the question of the scale of

costs, and as to procedure on taxation.

replied agreeing to the alterations in the form,

and suggesting the allowance of a fee of ^3 in

discharge of the costs of and incidental to

such declaration, and

that where District

Councils required proof of title in more detail

than that disclosed by a declaration, the costs

of furnishing such title should be drawn under

the existing scale of conveyancing costs.

also stated that the Council could not assent

to the scale of costs submitted by the Board,

as it was drawn -on a basis quite at variance

with the present scale of charges fixed by the

Judges nearly thirty years ago, and invariably

acted on since.

To this the Local Govern

ment Board replied, refusing to prescribe the

form of declaration suggested. The Board,

without further consultation with me upon the

subject, issued an order, dated 4th August,

containing new rules as

to the taxation of

owners' costs, and prescribing a schedule of

fees for the furnishing of titles. These new

rales had not been previously submitted tome,

nor was I in any way consulted thereon.

The Chief Secretary, on Monday evening last,

introduced the new Land Bill; but as prints of

the Bill have not yet been issued, I do not feel

justified in commenting upon it, and at the

present stage I think it more prudent to keep

our eyes and ears open until the debate on the

second reading of the Bill has taken place ; but

I must express my strong disapproval of the

contents of the Treasury order appearing in

the " Dublin Gazette " of Tuesday last, under

which the bonus is reduced to three per cent,

from ist November, as in my opinion this

will greatly discourage land purchase.

The Irish Universities Act, which was intro

duced and piloted through the House of Com

mons by Mr. Birrell this session, is one of the