The Gazette 1908-9

58

DEC., 1908]

The Gazette of the Incorporated Law Society of Ireland.

received from the Local Government Board a draft of a suggested scale of charges for solicitors to owners whose lands had been acquired. I replied early in May, suggesting the making of a new rule providing for the use of a form of declaration of title by owners, and that for the preparation of and costs incident to which the solicitor should receive a fixed fee. Afterwards I submitted a draft form of such a declaration to the Board for its approval, and I received a reply suggesting alterations in the form, and stating that if the Board decided to issue the form, its action must be limited to recommending its use rather than prescribing its general use. The Board further stated that they were anxious to hear from me on the question of the scale of costs, and as to procedure on taxation. I replied agreeing to the alterations in the form, and suggesting the allowance of a fee of ^3 in discharge of the costs of and incidental to such declaration, and that where District Councils required proof of title in more detail than that disclosed by a declaration, the costs of furnishing such title should be drawn under the existing scale of conveyancing costs. I also stated that the Council could not assent to the scale of costs submitted by the Board, as it was drawn -on a basis quite at variance with the present scale of charges fixed by the Judges nearly thirty years ago, and invariably acted on since. To this the Local Govern ment Board replied, refusing to prescribe the form of declaration suggested. The Board, without further consultation with me upon the subject, issued an order, dated 4th August, containing new rules as to the taxation of owners' costs, and prescribing a schedule of fees for the furnishing of titles. These new rales had not been previously submitted tome, nor was I in any way consulted thereon. The Chief Secretary, on Monday evening last, introduced the new Land Bill; but as prints of the Bill have not yet been issued, I do not feel justified in commenting upon it, and at the present stage I think it more prudent to keep our eyes and ears open until the debate on the second reading of the Bill has taken place ; but I must express my strong disapproval of the contents of the Treasury order appearing in the " Dublin Gazette " of Tuesday last, under which the bonus is reduced to three per cent, from ist November, as in my opinion this will greatly discourage land purchase. The Irish Universities Act, which was intro duced and piloted through the House of Com mons by Mr. Birrell this session, is one of the

requisitions of the District Council's solicitor. The owner's costs of making title are then furnished to the solicitor for the Rural District Council, and by him submitted to the Local Government Board, who hitherto have sent the bill of costs to their own solicitor to be taxed by him in accordance with the Board's instructions. The costs are then returned to the Local Government Board, who thereupon certify the amount payable by the District Council. No information has been offered to solicitors for owners in respect of the items in the costs disallowed or reduced ; or how the amount ultimately certified is arrived at; and no opportunity has been given to them of making any explanation in reference to such items which had been so disallowed or reduced. This system of taxation appeared so manifestly unjust the Council requested the Board to receive a deputation from their body to lay their views before the Board, but the request was refused. In February a letter was written by our Secretary requesting the Local Govern ment Board to make arrangements whereby solicitors interested in the taxation of bills of costs under the Labourers (Ireland) Act, 1906, should receive notice of the time and place of taxation, and should be afforded an opportunity of being present thereat. In reply the Board stated they did not think it necessary that the Rural District Councils and other persons interested should be put to additional expense by their requiring solicitors to attend, or otherwise take part in the proceedings on taxation, unless in very exceptional circum stances. In the month of April the Vice- President of the Local Government Board requested me to confer with him in reference to the subject of the taxation of the costs of owners of' land acquired under the Act. I accordingly attended, and expressed my opinion that the method of taxation was not a taxation at all, and that the Board had been acting ultra vires in the matter. The Vice- President then produced a paper, stating that it was a draft of a proposed schedule of fees, and asked me to look over them, and give him my views thereon. I replied that I had been invited to attend in order to discuss the system of taxation of costs adopted by the Board, and nothing further, and that it would be unreasonable to spring on me a schedule of fees that I had never seen. The Vice-President then directed the schedule should be sent in order to give me an oppor tunity of submitting same for the consideration of the Council, and on the 26th April, 1908, I