282 / 328
76. Perusing draft certificate, report,
scheme or like document sub
mitted for approval or examination
i
o
o to
by solicitor.
500
In Appendix W, Part V :
(a)
The fee of £i os. od. in the third column of
Table (i) (relating to Probates) shall be
altered to £i 8s. od.
(b)
The fee of £2 i8s. od. in the fifth column of
Table (3) (rekting to Letters of Administration
intestate) shall apply where the effects are
sworn at or over £3,000 and under £50,000
and the fee of
£4 145.
od. where the effects
are sworn at or over £50,000.
The amendments do not affect the right of any
party to apply to the Court in exceptional cases under
order 99 rule
i
(5) in proceedings other than
proceedings for the recovery of a penalty for an
order for payment in addition to the costs as between
.party and party of all or any other costs, charges or
expenses reasonably incurred for the purpose of the
proceedings or the discretion of the Taxing Master
to certify for special allowances on taxation between
solicitor and client under order 99 rule 13 (2).
In substance the effect of the amendments is to
reduce the upper limits in the following items of
Appendix W, part I as follows :
Item 7 :
£10 os. od. reduced to £7 os. od.
•
Item 8 :
£10 os. od. reduced to £5 os. od.
Item 32 : £12 os. od. reduced to £9 os. od.
Item 52 : £25 os. od. reduced to £20 os. od.
Item 76 : £10 os. od. reduced to £5 os. od.
Items 21 and 24 have been amended by deleting
the reference to out of pocket expenses.
Item 57
has been amended by substituting " travelling
expenses " for " travelling and other expenses ".
In item 23, 20 miles is substituted for 10 miles.
Other amendments of a minor character have been
made in Appendix W, part V, table I (probates).
RULES OF THE SUPERIOR COURTS,
1962
The attention of members
is drawn
to
the
provisions of order 99 rule 14 as to the date of
commencement of the new scale of costs in Appendix
W as amended by the Rules of the Superior Courts
(No. 224 of 1963) mentioned above in this issue.
The Rules of the Superior Courts, 1962, came into
operation on ist January, 1963. Order 99, rule 14
provides that in causes and matters pending at the
time when the rules came into operation the previous
scale of costs should continue to be applied unless
the Court otherwise directs.
The President of the High Court has given a
direction that in ward of Court matters the new
scale of costs shall apply in respect of business
62
transacted on or after ist January, 1963, and a
similar direction has been given in bankruptcy
matters. These are general directions and no further
individual applications are necessary.
Having regard to the particular character of
administration matters and proceedings for winding
up companies the Council have under consideration
an application to the Court for a similar direction
in regard to these matters.
THE DISTRICT COURT
The following statutory instruments are now
available:
1. District Court (Summary Judgment) Rules,
1963 (S.I. No. 213 of 1963), price 25. 6d.
2. District Court (Hire Purchase) Rules, 1963
(S.I. No. 214 of 1963), price 9d.
LAND COMMISSION
.
Mr. John Kelly, solicitor, practising under the
style of Messrs. Gallery & Kelly, Elphin, Co
Roscommon, and a former member of the Council,
has been appointed a Lay Commissioner of the
Land Commission.
.
NOTARY PUBLIC
A Government stockbroker carrying on business
in partnership petitioned the High Court to be
appointed a notary public. The petitioner had been
in partnership with a stockbroker who was a notary
public and who kept a shipping protest register for
upwards of fifty years.
It was stated that it was
normal practice for captains of ships after voyages
to the port of Dublin when damage occurred during
the voyage to lodge a detailed protest in the register.
The value of the register was considerable as
commercial and
insurance companies frequently
sought extracts therefrom. The petitioner stated
that he was not aware of any other notary in Dublin
who kept such a register and he maintained that the
register should be kept as formerly and he undertook
to do so if appointed.
The petitioner's application was opposed by the
Faculty of Notaries Public and by the Incorporated
Law Society of Ireland. The opposition being based
not on the character of the applicant but because
the applicant was not a solicitor. The Chief Justice
held that as there was no application for the vacancy
from a solicitor and as the applicant's fitness to be
appointed was certified by six solicitors supported
by banking and shipping interests he should be
appointed.
Furthermore the association of the
petitioner with deceased partner who maintained
the protest register was a factor to be taken into
consideration.
Applicant was appointed on the
undertaking that he would not engage in legal
business of any description other than that peculiar
to a notary public.