The Gazette 1909-10

The Gazette of the Incorporated Law Society of Ireland.

[JULY, 1909

28

(2). For the purposes of such taxation the bill of costs shall be forwarded to the Clerk of the Council, who shall transmit the same, together with the proper taxation fee, to the Taxing Officer, after stating by endorsement on the bill the title of the Order authorizing the acquisition of the plot of land affected, as well as the name of the townland and the reference number of the plot; the interest of the claimant in such plot; the amount of purchase-money or compensation paid in respect of the plot ; and whether the land has been taken " compulsorily" or "by agreement." The short abstract or declaration of title as fur nished to the Council's Solicitor shall also be forwarded. (3). The Taxing Officer shall serve at least two clear days' notice by prepaid letter on the Council and the parties claiming the costs, or their Solicitors, specifying the place in the City of Dublin where and the time at which he will proceed with the taxation, and stating that the parties or their solicitors may attend and will be heard at such taxation : Provided always that, notwithstanding the absence of all or any of the parties aforesaid, the taxation shall be proceeded with in accordance with the notice. (4). The Taxing Officer shall be paid by the Council a fee of Ten Shillings in respect of any bill of costs not containing more than 50 separate items ; of Fifteen Shillings where the number of items exceeds 50, but does not exceed 100; and of One Pound where the number of items exceeds 100. The receipt of the taxation fee shall be noted on the bill by the Taxing Officer. (5). The costs to be allowed to owners or lessees in respect of the employment of soli citors shall be in accordance with the following scale:— s. d. Attendance taking instructions . .68 Perusal of wills, deeds, leases or other necessary documents for the pur pose of preparing short abstract of title for the period required by law. Per skin (not exceeding five for any one document) . . . .10 Drawing short abstract of title, per brief sheet of eight folios . .68 Fair copy, per brief sheet of eight folios . • . . . .34 . 6 8 Attendance having declaration made 3 4 Necessary correspondence, per letter 3 4 Attending taxation . . . .68 Preparing statutory declaration

allow him a fee of icw. bd. per plot, and in other cases his costs as taxed in accordance with the provisions of clause (rf) of this Rule. (d] The Council may also employ a Solicitor to do any legal work not otherwise provided for that may necessarily arise in relation to the confirmation by the Local Government Board, and the carrying into execution of improve ment schemes, and shall pay him for his services the amount of his costs as taxed and certified by the Taxing Officer for the time being appointed by the Board for that pur pose, together with all necessary and actual disbursements, including postage and , tele grams. For the purposes of such taxation (i) the schedule of fees dated 3rd January, 1859, made in pursuance of th'e Chancery Appeal Court (Ireland) Act, 1856, as altered by Schedule II of the General Order of 1884, made in pursuance of the Solicitors' Remune ration Act, 1881, shall apply and have effect as if for the sum therein specified in each case there was substituted two-thirds of the amount of such sum ; and in any case where such two- thirds would involve a fraction of a penny, such fraction shall be reckoned as a penny; and (2) the procedure and taxation fees shall be governed by Rule 55 so far as same is applicable thereto. Provided always that the Council may, subject to the approval of the Board, employ a solicitor to do all legal work of every descrip tion in connexion with an improvement scheme for a bulk sum or a fixed fee per cottage pro vided or per plot acquired. Provided further that nothing in this Rule shall affect any agreement heretofore made "between a Council and a Solicitor for the remuneration of such Solicitor by a salary for doing all legal work arising under the Acts, or for the remuneration of such Solicitor fordoing all legal work in connexion with any improve ment scheme or schemes made prior to the date of this Order. Rule 55 (i). Where costs are payable by a Council to an owner or lessee for deducing title to lands taken under the Acts and com pleting transfer thereof to the Council, the bill of costs shall, unless the amount claimed does not exceed £2 2s. od., and the parties have agreed as to the sum to be paid, be taxed by the Taxing Officer for the time being appointed by the Board for the purpose, and the sum certified under the hand of such Taxing Officer shall be the sum due in respect of such costs, and his certificate shall not be subject to any review.