The Gazette 1958-61

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 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 manner as the Crown in England. Legal Aid in Criminal Matters

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. (