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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.
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
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 :—
52.
(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