Previous Page  672 / 822 Next Page
Information
Show Menu
Previous Page 672 / 822 Next Page
Page Background

Court Rules (No. 2) 1947," and shall be read with

the existing Rules of the High Court and Supreme

Court and be deemed to be incorporated therewith,

but shall, so far as inconsistent therewith, amend

or alter the said Rules accordingly.

2. The remuneration of a Solicitor (other than

outlay) in respect of business, contentious and non-

contentious, transacted in or before the High Court

or the Supreme Court on or after the 24th day of

February, 1947, shall be increased by the addition

to the costs and fees chargeable in respect thereof

immediately prior to the said 24th day of February,

1947, of an amount equal to 25 per centum of such

costs and fees.

3. As on and from the said 24th day of February,

1947, Order IV, Rule 3, of the Rules of the High

Court and Supreme Court, 1926, shall be amended

by the deletion therefrom of the second paragraph

thereof and by substituting the following para–

graph :

" The amount claimed for costs shall be

If the demand does not exceed £25 £i 17 6

If the demand does not exceed £300

3 15

o

If the demand exceeds £300 ...

4 7 6

with twelve shillings and sixpence for each

additional service after the first and the costs of

order (if any) for service of Summons or notice in

lieu thereof out of the jurisdiction or for sub–

stituted or other service, or for the substitution

of notice for service or for declaring service

effected sufficient or any notice by advertisement

of the issue of the summons."

4. The expression " the existing Rules of the High

Court and Supreme Court" shall include the Rules

of the Supreme Court (Ireland), 1905, as amended

by any subsequent Order in Council and all Rules

of the High Court and Supreme Court made under

the Courts of Justice Acts, 1924 to 1936.

LAND REGISTRATION RULES,

1947

(Solicitors' Costs)

THE Registration of Title Rules Committee, in

exercise of the power in Section 94 (i) of the

Registration of Title Act, 1891, as amended by

Section 74 of the Courts of Justice Act, 1936, and

of every other power in this behalf, with the con–

currence of the Minister for Justice, hereby makes

the Rules annexed hereto for carrying into effect

the object of the said Act.

Dated this jth day of March, 1947.

MARTIN C. MAGUIRE,

Judge of the High Court.

I. J. KELLY.

HENRY P. MAYNE.

JOSEPH O'BYRNE.

I concur in the making of the Rules annexed

hereto.

GERALD BOLAND,

Minister for Justice.

1. In these Rules the term " the existing rules "

means the Land Registration Rules, 1937-1946.

2. All solicitors' costs and fees (as distinct from

outlay) prescribed or regulated by the existing

rules shall be increased in respect of business done

after the date mentioned in Rule 5

hereof by

twenty-five per cent, calculated on the amount of

such fees immediately prior to the said date.

3. Rule 2 shall not apply in respect of business

transacted prior to the date mentioned in Rule 5

or in respect of business, the particulars of the costs

of which have been prior to such date furnished

to the client or person chargeable therewith, or

have been taxed or certified.

4. These rules shall be read with the existing rules

and shall be deemed to be incorporated therewith

and shall so far as inconsistent therewith alter or

amend the same.

5. These rules shall come into operation on the

3ist day of March, 1947.

APPROVAL FEES

IN the record of the proceedings of the Council

printed at page 62 of this issue there is a resolution

which was submitted by the Meath Sessional Bar

Association and adopted by the Council as a recom–

mendation to the profession. The object of the

Council in making this recommendation is to

discourage the practice which obtains as between

vendors and purchasers, of including in conditions

of sale by public auction a provision imposing on

the purchaser the liability to indemnify the vendor

against part of his costs of the sale, namely, his

solicitor's costs of perusing and approving the

draft conveyance or assignment.

This practice

has . heretofore been generally recognised in sales

by public auction, and has also in some cases been

adopted in sales by private treaty. It has not,

however, been generally recognised by the profes–

sion in the latter case, and the purchasers' solicitors

have generally objected to the introduction of such

a provision into the draft contract. Differences

of opinion on this point have led to delay and