The Gazette 1958-61

THE NEW SCHEDULE II The following general order under the Solicitors' Remuneration Act 1881 was laid before Dail Eireann on 26th October, 1960, and before Seanad Eireann on gth November, 1960 and is now in force :— S.I. No. 165 of 1960 SOLICITORS' REMUNERATION GENERAL ORDER 1960 We, the body in that behalf authorised by the Solicitors' Remuneration Act, 1881, as adapted by the Solicitors' Re muneration Act, 1881 (Adaptation) Order, 1946 (S.R. and O. 1946 No. 208) made pursuant to the Adaptation of Enact ments Act, 1922, do hereby, in pursuance and execution of the powers given to us by the said statute as so adapted and of all other powers enabling us in that behalf, make the annexed general order. 1. This order may be cited as the Solicitors' Remuneration General Order, 1960, and this order and the Solicitors' Re muneration General Order, 1884, the Solicitors' Remuneration General Order (No. i), 1920, the Solicitors' Remuneration General Order, 1947, and the Solicitors' Remuneration General Order, 1951, shall be read together and may be cited as the Solicitors' Remuneration General Orders, 1884 to 1960. References in this general order to "the Order of 1884" mean the Solicitors' Remuneration General Order, 1884, as amended by the above-mentioned subsequent general orders, other than this order. 2. In paragraph 2 (c) and in paragraph 6 of the Order of 1884 for the words " according to the present system as altered by Schedule II hereto " there shall be substituted the words " in accordance with Schedule II hereto ". 3. The following amendments shall be made in the rules applicable to Part I of Schedule I to the Order of 1884 :— (a) In Rule 2 for the words " according to the present system, as altered by Schedule II hereto " there shall be substituted the words " in accordance with Schedule II hereto ". (/;) In Rule 5 for the words " under the old system, as altered by Schedule II hereto " there shall be substituted the words " under Schedule II hereto ". (c) In Rule 10 for the words " according to the present system, as altered by Schedule II hereto " there shall be substituted the words " in accordance with Schedule II hereto ". (d) At the end there shall be added the following rule :— " ii. The remuneration according to the preceding scale shall apply to sales and purchases of leasehold property although there may have been no previous assignment or other dealing with the leasehold interest since the grant of the lease ". 4. The following amendments shall be made in the rules applicable to Part II of Schedule I to the Order of 1884 :— (a) In Rule I for the words " according to the present system as altered by Schedule II " there shall be sub stituted the words " in accordance with Schedule II hereto ". (Ii) In Rule 4 for the words " under the old system as altered by Schedule II" there shall be substituted the words " under Schedule II hereto ". (c) At the end there shall be added the following rule :— " 7. Except in cases to which Rule 5 applies where the solicitor for the vendor, lessor, purchaser or lessee negotiates the conveyance or lease he shall be entitled to charge for such negotiation in accord ance with Schedule II hereto ".

recognised Irish daily and local newspaper circulating in the district in which the solicitor practices, of any of the following matters :— (a) change of address or telephone number, (b) commencement of practice, (IT) acquisition of another practice, (d) dissolution of partnership, (e) entry of a new partner into an existing firm, provided that in any case the notice has not the form or appearance of an advertisement. A solicitor commencing independent practice after dissolution of a partnership of which he is a member, may publish notice thereof in accordance with the above con ditions. The ruling is in substitution for all former rulings of the council. CHARITIES BILL 1957 The text of the bill which has just been circulated, consolidates the law relating to the powers of the Commissioners of Charitable Donations and Be quests. Among the new provisions contained in the bill, section 29 amends section i of the Charitable Donations and Bequests (Amendments) Act 1955, by enabling the commissioners to frame schemes applying the cy-pres doctrine to certain charitable gifts where the value of the gift does not exceed £5,000. This is in substitution for the sum of £2,000 in the 195 5 Act, applicable to personalty. By section 32 the commissioners, on the application of charity trustees, may direct the investment of charity funds inter alia in equity stock or shares of an industrial or a commercial company incorporated in the State, or in the purchase of freehold or leasehold land in the State. Section 44 makes certain provisions with regard to the taxation of solicitors' costs, which are not considered satisfactory and the council have made representations thereon. The Act may be amended on its passage through the Oireachtas and, when passed, will be of considerable importance to practitioners advising charities. INCOME TAX ALLOWANCE TO SALARIED SOLICITORS The Society are in correspondence with the Departments of Justice and Finance about difficulties which have been experienced by some salaried solicitors in obtaining an allowance for income tax purposes of the registration fee and the compensation fund contribution on taking out practising certifi cates. No difficulty arises in respect of schedule D assessment, but some members assessed under sche dule E have found difficulty in getting the allowance. Representations have been made to the appropriate authorities.

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