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that in section 71 of the last mentioned Act it is
provided that the provisions of the statute binds the
Crown. It was decided that a memorandum should
be sent to the Revenue Commissioners asking that
legislation should be introduced
to clarify
the
position so that the State will be bound by the
provisions of the statutory notice in the same
manner as the Crown in England.
Legal Aid in Criminal Matters
A committee which considered a proposal that
the Society should make representations in favour
of the introduction of a general scheme of legal aid
in criminal matters reported that there is no support
or demand in the profession for such a measure. It
was decided to take no further action.
Valuation Office Delays
The Council considered a report from a committee
which referred to the arrangements made between
the Society and the Commissioner of Valuation
reported in the Society's
Gazette
in March, 1956.
While the Society at that time did not consider that
the arrangements then suggested were completely
satisfactory to the profession they were the best that
could be obtained.
In the Society's
Gazette
in
March, 1956, it was stated that the Commissioner
hoped that by June, 1956 the arrears would be
equivalent to six weeks intake of business and that
from then
(a)
City cases would be dealt with in six weeks to
two months except during the months of
January and February each year.
(b)
Country cases would be dealt with where
inspection is required with a maximum delay
of six months.
The longer period in country cases was stated to
be due to the fact that there are no resident valuers
in the country and that with the present staffing
E
osition it was impossible to arrange for more
requent inspections.
The Commissioner stated .
that he would try to have cases in the Dublin suburbs
dealt with as city cases. From information received
by the Council it appears that the delays in making
assessments now exceeds the period mentioned in
the memorandum published in the Society's
Gazette
in March, 1956 and it was decided to make further
representations to the Valuation Office. A copy of
the statement published in the Society's
Gazette
in
March, 195613 reprinted in this issue as it contains
a number of other matters of interest to practitioners.
Compulsory acquisition by local authority.
Indemnity against costs
A committee reported that the position with
regard to the costs indemnity given by the Dublin
Corporation where property is compulsorily acquired
is unsatisfactory as it does not provide a complete
indemnity against costs to the owner whose property
is acquired. The committee stated in their opinion
it is a requirement of justice that where property is
compulsorily acquired by a
local authority the
authority should pay the costs on a solicitor and
own client basis. It was decided to make representa
tions to the Dublin Corporation.
Service of Processes
A Committee reported that there are inadequate
facilities for service of processes in various parts of
the country owing to the inadequate salaries paid
by the Department of Justice to process servers.
It was suggested by the Society in correspondence
with the Department that districts should be amal
gamated with increased salaries in order to provide
better remuneration and attract suitable persons.
The Secretary stated that the question had been
referred by the Department of Justice to the District
Court Rules Committee who have under considera
tion a proposal for the extension of the provisions
for service by registered post without any special
order of the Court except in cases under the Enforce
ment of Court Orders Act.
DELAYS IN THE VALUATION OFFICE
The President attended with representatives from
the Council at a conference with the Commissioner
of Valuation and officials of the Valuation Office to
discuss the present unsatisfactory position and arrears
of business in the office. It was agreed on both sides
that the present delay in obtaining determinations as
to the value of property for the purpose of Death
Duties and Stamp Duties is unsatisfactory and the
Commissioner informed the Society's representatives
that a reorganisation plan has been drawn up and
was in operation. The Commissioner hopes that the
arrears would be equivalent to six weeks intake of
business and that
(a)
city cases would be dealt with in six weeks to
two months except during the months of
January and February in each year;
(H)
country cases would be dealt with where
inspection is required with a maximum delay
of six months.
The longer period in country cases is due to the
fact that valuers visit each country twice during the
year and with the present staffing position it is not
possible to arrange for more frequent inspections.
The Commissioner will try to have cases in the
Dublin suburbs dealt with as in city cases.
(<r) Unnecessary delay will be avoided by en
deavouring to agree valuations with the office
and personal visits from solicitors for this
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