The Gazette 1946-49

Court Rules (No. 2) 1947," and shall be read with the existing Rules of the High Court and Supreme Court and be deemed to be incorporated therewith, but shall, so far as inconsistent therewith, amend or alter the said Rules accordingly. 2. The remuneration of a Solicitor (other than outlay) in respect of business, contentious and non- contentious, transacted in or before the High Court or the Supreme Court on or after the 24th day of February, 1947, shall be increased by the addition to the costs and fees chargeable in respect thereof immediately prior to the said 24th day of February, 1947, of an amount equal to 25 per centum of such costs and fees. 3. As on and from the said 24th day of February, 1947, Order IV, Rule 3, of the Rules of the High Court and Supreme Court, 1926, shall be amended by the deletion therefrom of the second paragraph thereof and by substituting the following para– graph : " The amount claimed for costs shall be If the demand does not exceed £25 £i 17 6 If the demand does not exceed £300 3 15 o If the demand exceeds £300 ... 4 7 6 with twelve shillings and sixpence for each additional service after the first and the costs of order (if any) for service of Summons or notice in lieu thereof out of the jurisdiction or for sub– stituted or other service, or for the substitution of notice for service or for declaring service effected sufficient or any notice by advertisement of the issue of the summons." 4. The expression " the existing Rules of the High Court and Supreme Court" shall include the Rules of the Supreme Court (Ireland), 1905, as amended by any subsequent Order in Council and all Rules of the High Court and Supreme Court made under the Courts of Justice Acts, 1924 to 1936. LAND REGISTRATION RULES, 1947 (Solicitors' Costs) THE Registration of Title Rules Committee, in exercise of the power in Section 94 (i) of the Registration of Title Act, 1891, as amended by Section 74 of the Courts of Justice Act, 1936, and of every other power in this behalf, with the con– currence of the Minister for Justice, hereby makes the Rules annexed hereto for carrying into effect the object of the said Act.

Dated this jth day of March, 1947.

MARTIN C. MAGUIRE, Judge of the High Court. I. J. KELLY.

HENRY P. MAYNE. JOSEPH O'BYRNE. I concur in the making of the Rules annexed hereto. GERALD BOLAND, Minister for Justice. 1. In these Rules the term " the existing rules " means the Land Registration Rules, 1937-1946. 2. All solicitors' costs and fees (as distinct from outlay) prescribed or regulated by the existing rules shall be increased in respect of business done after the date mentioned in Rule 5 hereof by twenty-five per cent, calculated on the amount of such fees immediately prior to the said date. 3. Rule 2 shall not apply in respect of business transacted prior to the date mentioned in Rule 5 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. 4. These rules shall be read with the existing rules and shall be deemed to be incorporated therewith and shall so far as inconsistent therewith alter or amend the same. 5. These rules shall come into operation on the 3ist day of March, 1947. APPROVAL FEES IN the record of the proceedings of the Council printed at page 62 of this issue there is a resolution which was submitted by the Meath Sessional Bar Association and adopted by the Council as a recom– mendation to the profession. The object of the Council in making this recommendation is to discourage the practice which obtains as between vendors and purchasers, of including in conditions of sale by public auction a provision imposing on the purchaser the liability to indemnify the vendor against part of his costs of the sale, namely, his solicitor's costs of perusing and approving the draft conveyance or assignment. This practice has . heretofore been generally recognised in sales by public auction, and has also in some cases been adopted in sales by private treaty. It has not, however, been generally recognised by the profes– sion in the latter case, and the purchasers' solicitors have generally objected to the introduction of such a provision into the draft contract. Differences of opinion on this point have led to delay and