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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