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Subject to this exception, any attempted letting,
subletting, or subdivision of property situate in a
rural area will require the consent of the Land Com
mission for the purpose of registration in the Land
Registry ; unless the Land Commission certify that
such consent is not necessary in any particular case.
The attention of Solicitors is also drawn to the
provisions of section 45 of the above Act and in
particular to the various forms of Certificates which
are required to be endorsed on instruments coming
within the terms of the section. Failure to obtain
such certificates will result in serious consequences;
as under the section
no interest vests
unless and until
such certificate is forthcoming.
If the requirements of this section are not carried
out, this will involve the issue of a great number of
requisitions, which will certainly
cause grave
inconvenience and delay to Solicitors and their
clients, and hamper considerably the expeditious
completion of dealings in the Registry.
Moreover, it should be noted that in any case where
such certificate is required, and is not contained in
an Instrument, and the Instrument is returned to the
Solicitor to have the relevant certificate endorsed
the Instrument will be entered for the purposes of
the registration as of the date and priority of its
re-delivery at the Registry in accordance with Rule
63 (3) of the Land Registration Rules, 1959.
Members' attention is drawn to the provisions of
Section 45 which applies to all property whether
registered or unregistered.
The Council will publish a statement with sug
gested forms of Statutory Certificates in the May
issue of the Gazette.
INCREASES IN COSTS
The following is a comprehensive statement of
information which has appeared in the Society's
Gazette relating to increases in costs which have
appeared in various volumes of the Gazette since
May ist, 1964.
(a)
June, 1964 (No. 2) p. 12—Solicitors Re
muneration General Order, 1964 (S.I. No. 128/1964)
adding 12% to charges under Schedule II para
graphs 2-20 inclusive (i.e. excluding discretionary
fees). The date of operation was ist August, 1964.
(b)
July, 1964 (No. 3) p. 20—Rules of the Superior
Courts (No. 3), 1964 (S.I. No. 166/1964) adding 12%
to the costs of High Court proceedings under Parts
i, 4, 5, 6, and 7 other than those marked "dis
cretionary ". The date of operation was ist August,
1964.
(c)
Oct-Nov. (No. 5)—Land Purchase Acts Rules,
1964 (S.I. No. 230/1964) authorising commission
scale fees in sales to the Irish Land Commission in
lieu of the item charges. The rules extinguished the
right of election for the item charges so that
commission scale fees only are chargeable in respect
of all business
transacted before
the date of
operation i.e. ist October, 1964.
However the
solicitor, under rules which have been drafted may
apply to the Judicial Commissioner for a direction
that the fees may be charged on the item basis where
the work is done before ist January, 1965.
The
rules contain a right of election in respect of business
done on or after ist January, 1965 which must be
exercised before undertaking any part of the business.
(d)
January, 1965 (No. 7) p. 61—District Court
(Costs) Rules, 1964 (S.I. No. 27911964) adding 12%
to the previous scales. Date of operation ist January,
1965.
(«) March (No. 9) p. 76—Rules of the Superior
Courts (No. 5), 1965 (S.I. No. 29/1965) adding 12%
to fees (other than directionary fees) for business in
the Supreme Court and High Court.
Date of
operation 8th February 1965.
No increases have been authorised in respect of
Circuit Courts Costs or costs of proceedings in the
Land Registry as the Society has failed to reach
agreement with the Department of Justice.
S.I. No. 54 of 1965
TRADE UNION ACT, 1941 (EXCLUSION
FROM SECTION 6) (No. 1) ORDER, 1965
I, JOHN LYNCH, Minister for Industry and Commerce,
in exercise of the powers conferred on me by subsection (6)
of section 6 of the Trade Union Act, 1941 (No. 22 of 1941),
hereby order as follows :
1. This Order may be cited as the Trade Union Act, 1941
(Exclusion from Section 6) (No. i) Order, 1965.
2. Section 6 of the Trade Union Act, 1941 (No. 22 of 1941),
shall not apply in respect of the body of persons specified in
the Schedule to this Order.
SCHEDULE
The Incorporated Law Society of Ireland.
GIVEN under my Official Seal this 29th day
of March, 1965.
(Signed) JOHN LYNCH,
Minister for Industry and Commerce.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be
a legal interpretation.)
The effect of this Order is to allow the Incorporated Law
Society of Ireland to carry on negotiations for the fixing of
wages or other conditions of employment without holding a
negotiation licence.
Published by the Stationery Office, Dublin. Price 3d.
(Pr. 8222).