183 / 338
purpose will be welcomed.
It was pointed
out that in some cases which might otherwise
have been disposed of without undue delay
difficulty had been caused by the unrealistic
nature of the figures submitted to the Valuation
Office.
(d)
It was pointed out to the Commissioner that
extra delay was caused when an application was
made for a Certificate under Section 11 of the
Finance Act, 1894, because if land or house
property is included in the assets the value of
such property had to be referred back to the
Valuation Office for final determination when
the Certificate was applied for and this meant
a second delay.
It was suggested that where a solicitor knew he
would, in due course, be applying for a Certificate
under Section n rather than for a non-statutory
Certificate (form 149) he should mark the form 77
at the time of lodging the Schedule of Assets with
a note asking that a final determination be made of
the value of property in the first instance and so
avoid a reference back. The Commissioner promised
to consider this suugestion but pointed out that if
a final determination had to be made it entailed a
more thorough investigation and it was possible
that he would have to insist on a higher figure in
some cases in which, if no determination were sought
he might have allowed it to pass without comment.
This arises by reason of the fact that after a final
determination the Valuation Office cannot re-open
the figure even on a subsequent sale at a higher sum
while the client can, on the other hand, claim
repayment of duty if a sale is subsequently made at
a lower figure.
Here again, it was pointed out that valuations
may be expedited by direct dealings between
solicitors and the valuation office and it was agreed
that where a notice of objection to a valuation is
sent to the Revenue Commissioners a duplicate
copy should be sent to the Valuation Office and that
correspondence on the subject of valuation might be
conducted direct with that office. (Society's
Gazette,
March, 1956.)
INCREASE IN LAND COMMISSION
COSTS
Order VIII of the Land Purchase Acts Rules, 1960
(S.I. No. 20 of 1960) is as follows:
i. Order XLVII of the Provisional
Rules under the Land Purchase Acts
oS«dxLvii f
dated the jth day of February, 1924, (as
of the Ruks of amended by the Provisional Rules under
•jth February,
day of July, 1930 and by Order II of the
Land Purchase Acts Rules of 1947) is
hereby amended by the insertion therein,
immediately after Rule 3A, of the follow
ing Rule:—
" 36.
The Costs (as distinct from
outlay) incurred in the course of proceed
ings in the Land Commission under the
Land Purchase Acts on and after the
ist day of February, 1960, shall be taxed
according to the schedule of fees in the
Appendix hereto (as amended) with an
addition thereto of an amount equal to
50 per cent of such fees (save as to
items Nos. 89 and 90 which may be
increased
to
sums of £i and £15
respectively) provided
that this Rule
shall not apply in respect of business
transacted prior to the said ist day of
February, 1960, 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.
LAND PURCHASE ACTS RULES 1960
The Land Purchase Acts Rules, 1960 (S.I. No. 20
of 1960) came into operation on 28th January, 1960.
The subject matter of the regulations is concerned
with applications for an order to levy under section
19 (2) of the Land Act, 1933 and section 17 (i) of
the Land Act, 1939;
orders
for possession;
partition of right of grazing or turbary ; procedure
for the sealing of a certificate and for showing
cause against such sealing (section 2, Land Act,
1946);
compulsory acquisition;
prohibition of
the removal of the surface of land;
solicitors'
costs ;
Land Commission fees;
power to
the
judicial commissioner to enlarge time ;
forms.
EXAMINATION RESULTS
At examinations held on 29th day of January
under
the Solicitors Act, 1954,
the following
passed :—
First Examination in Irish
Richard Carrigan,
Scan de Burca, John E. Gore-Grimes, Noel D.
Greene, Michael B. Hegarty, Daniel Kelliher, Alan
Kelly, Peter F. R. Murphy, Brian M. McMahon,
James J. Nestor, Bryan L. M. O'Flaherty, Thomas
J. O'Reilly, Sylvester W. Riordan, John Joseph
Rochford, Brendan D. Walsh.
16 candidates attended ;
15 passed.
Second Examination in Irish
Michael J. Browne,
James J. Dennison, Patrick John Farrell, William S.
Geraghty, Ailin A. Gibbons, Joseph Gilmartin,