Previous Page  39 / 266 Next Page
Information
Show Menu
Previous Page 39 / 266 Next Page
Page Background

N

ational

M

oney

I

ncome

. I

ncome

of

certain

GROUPS IN

1938,

AND INCOMES OF SOME GROUPS

IN

I949.

Agricultural profits, wages

Increased over 1938

and salaries

............... by 175% in 1949

■Non Agricultural

Profits o f public and private

companies...

............... „ 175% „ „

Wages, salaries and pensions ,,1 2 5 %

„ „

Other profits, professional

earnings etc.

................ „ 60% „ „

to ta l national money Income

... „ 12 3% ,, ,,

(?)

Civil Service Salaries. The following table

compiled from the estimates for the public

services shows the increases in the salaries of

higher Civil Servants between 1939 and 1952.

C

iv il

S

erv ic e

S

alaries

I

ncreases

.

Secretary

Assistant Secretary ...

Principal Officer

Assistant Principal, Scale 1

Assistant Principal, Scale 2

1 93 9

: 9 4 7

1 9 5 1

I I I

1,419 1,880 2,324

1,220 1,635 1,969

1,009 1,375 1,609

900 1,240 1,431

789 1,100 1,249

The salaries o f higher Civil Servants have been

twice increased since 1939 as shown above. The

average remuneration, excluding child allowances,

for the four highest grades now stands at 60% over

1939. Bearing in mind that the Civil Service is a

permanent, pensionable, and risk free occupation

this increase in remuneration compares very favour­

ably with that o f a solicitor who must not only

face an ever increasing bill for office expenses, but

has to make provision for loss o f earnings through

illness and has no retiring pension.

5. (i) Item charges in detailed bills for work in

respect o f registered land other than sales and

purchases.

(ii) Rule 1 1 , S.R.G.O. 1884 affecting Solicitors’

costs where registered land is acquired under

the exercise or threat o f compulsory powers.

(iii) Solicitors’ costs on a lease o f registered land

at a rack rent.

Rule 241 (2) o f the Land Registration Rules 1937

provides that the remuneration o f a solicitor for

conveyancing and other business with registered

property shall be regulated by the Order o f 1884

as modified by the Land Registration Rules. By

Rule 241 (1) the expression “ the Order o f 1884 ”

means the General Order dated 16th April, 1884,

made pursuant to the Solicitors’ Remuneration

Act, 1881, as varied by the General Orders under

the said Act dated 17th May, 1920 and 15th Novem­

ber, 1920, “ or any Order hereafter to be made

thereunder.”

By the Solicitors’ Remuneration

General Order, 1951, made on n th December, 1951,

the following provisions were made. They apply

both to registered and “ unregistered ” land in

accordance with the definition given in Rule 241

(1) L .R .R ., 1937. It is however thought convenient

that provisions affecting the costs relating to

registered land should be included in the Land

Registration Rules and it is suggested that the

Committee should now pass further rules dealing

with the undermentioned matters in the terms of

the Solicitors’ Remuneration General Order, 1951.

The following were the changes which were

effected by the Solicitors’ Remuneration General

Order, 1951 :—

(i) An increase of 55% over the prewar charges

was authorised in detailed bills o f cost not covered

by the commission scale fees, in substitution for any

increases already allowed between 1939 and the

present time. The increase at present in force under

the Land Registration Rules is 33^% over prewar.

(ii) Rule 1 1 , S.R.G.O., 1884, was rescinded. The

effect o f this rule was that where land was taken

by a public authority under the actual or threatened

exercise o f compulsory powers, the costs o f the

solicitor for the acquiring authority and the owner

could not be charged in accordance with the com­

mission scale in any case. This resulted in an unjust­

ifiable reduction in solicitors’ costs in some cases.

Following the decision o f the Supreme Court in

Lanigan against Carlow Mental Hospital, not yet

reported, the Committee under the S. R. Act, 1881,

were convinced that Rule 11 could not be justified

and it has been rescinded.

(iii) Costs o f a lease at a rack rent. The effect

of the wording in the first scale in Schedule 1,

Part 2, S.R.G.O., 1884, which as amended applies

equally to registered land, is that the costs where

the rent includes a broken part o f £100 were assessed

on the nearest lowest denomination o f £100 , e.g.,

on a rent of £275, the costs would be assessed on

£200 only. This has been amended to provide

that the commission is to be calculated on the actual

amount o f the rent in the lease.

I am to ask that you will summon a meeting of

the Land Registration Rules Committee to consider

this matter.

Six copies o f this letter are enclosed for conven-

inece.

Yours faithfully,

E

ric

A.

P

lunkett

,

Secretary.

3 7