The Gazette 1964/67

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).