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28
The Gazette of the Incorporated Law Society of Ireland.
[JULY, 1909
allow him a fee of icw.
bd.
per plot, and in
other cases his costs as taxed in accordance
with the provisions of clause (rf) of this Rule.
(d]
The Council may also employ a Solicitor
to do any legal work not otherwise provided
for that may necessarily arise in relation to the
confirmation by the Local Government Board,
and the carrying into execution of improve
ment schemes, and shall pay him for his
services the amount of his costs as taxed and
certified by the Taxing Officer for the time
being appointed by the Board for that pur
pose, together with all necessary and actual
disbursements, including postage and , tele
grams. For the purposes of such taxation (i)
the schedule of fees dated 3rd January, 1859,
made in pursuance of th'e Chancery Appeal
Court (Ireland) Act, 1856, as altered by
Schedule II of the General Order of 1884,
made in pursuance of the Solicitors' Remune
ration Act, 1881, shall apply and have effect
as if for the sum therein specified in each case
there was substituted two-thirds of the amount
of such sum ; and in any case where such two-
thirds would involve a fraction of a penny,
such fraction shall be reckoned as a penny;
and (2) the procedure and taxation fees shall
be governed by Rule 55 so far as same is
applicable thereto.
Provided always that the Council may,
subject to the approval of the Board, employ
a solicitor to do all legal work of every descrip
tion in connexion with an improvement scheme
for a bulk sum or a fixed fee per cottage pro
vided or per plot acquired.
Provided further that nothing in this Rule
shall affect any agreement heretofore made
"between a Council and a Solicitor for the
remuneration of such Solicitor by a salary for
doing all legal work arising under the Acts, or
for the remuneration of such Solicitor fordoing
all legal work in connexion with any improve
ment scheme or schemes made prior to the
date of this Order.
Rule 55 (i). Where costs are payable by a
Council to an owner or lessee for deducing
title to lands taken under the Acts and com
pleting transfer thereof to the Council, the bill
of costs shall, unless the amount claimed does
not exceed
£2 2s. od.,
and the parties have
agreed as to the sum to be paid, 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 authorizing 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 agreement." The
short abstract or declaration of title as fur
nished 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 he will
proceed with the taxation, and stating that the
parties or their solicitors may attend and will
be heard at such taxation : Provided always
that, notwithstanding the absence of all or any
of the parties aforesaid, the taxation shall be
proceeded with in accordance with the notice.
(4). The Taxing Officer shall be paid by the
Council a fee of Ten Shillings in respect of any
bill of costs not containing more than 50
separate items ; of Fifteen Shillings where the
number of items exceeds 50, but does not
exceed 100; and of One Pound where the
number of items exceeds 100. The receipt of
the taxation fee shall be noted on the bill by
the Taxing Officer.
(5). The costs to be allowed to owners or
lessees in respect of the employment of soli
citors shall be in accordance with the following
scale:—
s. d.
Attendance taking instructions .
.68
Perusal of wills, deeds, leases or other
necessary documents for the pur
pose of preparing short abstract of
title for the period required by law.
Per skin (not exceeding five for any
one document)
.
.
.
.10
Drawing short abstract of title, per
brief sheet of eight folios
.
.68
Fair copy, per brief sheet of eight
folios .
•
.
.
.
.34
Preparing statutory declaration
.
6 8
Attendance having declaration made 3
4
Necessary correspondence, per letter 3
4
Attending taxation .
.
.
.68