The Gazette 1964/67

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 20

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. 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. Mortgagee. Production of mortgagor's title deeds