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officer to introduce a practice whereby the application
for certified copies of grants of probate and adminis–
tration will be accepted when lodging the application
for the grant so that the grant and the certified copies
for use with company registrars etc., will be issued at
the same time.
Tralee
Courthouse
The Secretary stated that the Society had written to
the Department of Justice supporting the claim of the
Bar Association that the courthouse should be put
into proper repair. The attention of the Kerry Law
Society was drawn to the provisions of the Court–
house (Provisions and Maintenance) Act 1935 which
deals with the obligation of the responsible bodies.
It was decided to draw the attention of the Minister
for Justice to the general conditions of courthouses
throughout the country and the lack of facilities for
litigants, witnesses and the profession.
Sub-office in licensed premises
The Council considered an application from a
member for permission to set up a sub-office in
licensed premises. The application was based upon
the fact that the sub-office and the licensed part of
the premises would be at different ends of the building
with separate doors. The application was refused.
Deposits on sales
Members asked for the views of the Council as
to whether stipulations in conditions or contracts for
sale should provide for payment of the deposit to
the auctioneer or to the solicitor as stakeholder.
The Council on a report from a committee stated
that this is a matter for instructions from the client.
The duty of the solicitor is to draw the contract in
accordance with the client's instructions and if no
specific instructions are given the solicitor may make
provision in the contract for payment of the deposit
to the solicitor as the stakeholder.
Mortgagee. Production of mortgagor's title
deeds
The solicitors for a mortgagee were asked to lend
the title deeds on accountable receipt to the mort–
gagor's solicitor who had advertised the property
for sale without communication with the mortgagee.
The mortgagee's solicitor declined to hand over the
title deeds but offered inspection at his Dublin office.
The Council on a report from a committee stated that
the mortgagee was legally correct in his attitude. It
was stated that as a matter of good conveyancing
copies of the title deeds and of the mortgage should,
where possible, be retained by the mortgagor's
solicitors to avoid difficulty on the occasion of a sale.
CIRCUIT COURT RULES (NO. 1), 1964
These Rules which may be cited as the " Circuit
Court Rules (No. i), 1964 " shall come into operation
on the 6th day of July, 1964. The Order referred to in
these Rules as being amended is that contained in the
Circuit Court Rules, 1950.
Order i :
Rule 6 of this Order is hereby revoked and the
following Rule shall be substituted therefor :
" 6. The Offices of the Court shall be open to
the public for the transaction of business on every
week-day between the hours of 10 a.m. and
4.30 p.m., with the exception of Saturday and of
such days as may be proclaimed by lawful authority
to be public holidays. The County Registrar may,
however, direct that, instead of Saturday, the Office
under his control be closed on whatever week-day
is customarily observed as the weekly half-holiday
in the town in which such Office is situated."
EXPLANATORY NOTE
(This note is not part of the instrument and does not
purport to be a legal interpretation?)
These Rules amend the Rules of the Circuit Court,
1950 (S.I. No. 179 of 1950) prescribing the days and
hours on and during which Circuit Court Offices
shall be open for public business. They provide, in
particular, for the closing of these offices on Saturdays
or on whatever day is the local weekly half-holiday.
RULES OF THE SUPERIOR COURTS
(NO. 3), 1964
1. In Appendix W, the scale of costs specified for
the several items (other than those marked " Dis–
cretionary") in Parts I, IV, V, VI and VII shall be
increased by twelve per cent in relation to business
done after these rules have come into operation.
2. These Rules shall be construed together with
the Rules of the Superior Courts and may be cited as
the Rules of the Superior Courts (No. 3), 1964.
EXPLANATORY NOTE
(This note is not part of the instrument and does not
purport to be a legal interpretation.}
These Rules provide for an increase of twelve per
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