The Gazette 1961 - 64

76. Perusing draft certificate, report, scheme or like document sub mitted for approval or examination i o In Appendix W, Part V : (a) The fee of £i os. od. in the third column of Table (i) (relating to Probates) shall be altered to £i 8s. od. (b) The fee of £2 i8s. od. in the fifth column of Table (3) (rekting to Letters of Administration intestate) shall apply where the effects are sworn at or over £3,000 and under £50,000 and the fee of £4 145. od. where the effects are sworn at or over £50,000. The amendments do not affect the right of any party to apply to the Court in exceptional cases under order 99 rule i (5) in proceedings other than proceedings for the recovery of a penalty for an order for payment in addition to the costs as between .party and party of all or any other costs, charges or expenses reasonably incurred for the purpose of the proceedings or the discretion of the Taxing Master to certify for special allowances on taxation between solicitor and client under order 99 rule 13 (2). In substance the effect of the amendments is to reduce the upper limits in the following items of Appendix W, part I as follows : Item 7 : £10 os. od. reduced to £7 os. od. • Item 8 : £10 os. od. reduced to £5 os. od. Item 32 : £12 os. od. reduced to £9 os. od. Item 52 : £25 os. od. reduced to £20 os. od. Item 76 : £10 os. od. reduced to £5 os. od. Items 21 and 24 have been amended by deleting the reference to out of pocket expenses. Item 57 has been amended by substituting " travelling expenses " for " travelling and other expenses ". In item 23, 20 miles is substituted for 10 miles. Other amendments of a minor character have been made in Appendix W, part V, table I (probates). RULES OF THE SUPERIOR COURTS, 1962 The attention of members is drawn to the provisions of order 99 rule 14 as to the date of commencement of the new scale of costs in Appendix W as amended by the Rules of the Superior Courts (No. 224 of 1963) mentioned above in this issue. The Rules of the Superior Courts, 1962, came into operation on ist January, 1963. Order 99, rule 14 provides that in causes and matters pending at the time when the rules came into operation the previous scale of costs should continue to be applied unless the Court otherwise directs. The President of the High Court has given a direction that in ward of Court matters the new scale of costs shall apply in respect of business 62 o to by solicitor. 500

transacted on or after ist January, 1963, and a similar direction has been given in bankruptcy matters. These are general directions and no further individual applications are necessary. Having regard to the particular character of administration matters and proceedings for winding up companies the Council have under consideration an application to the Court for a similar direction in regard to these matters. THE DISTRICT COURT The following statutory instruments are now available: 1. District Court (Summary Judgment) Rules, 1963 (S.I. No. 213 of 1963), price 25. 6d. 2. District Court (Hire Purchase) Rules, 1963 (S.I. No. 214 of 1963), price 9d. LAND COMMISSION . Mr. John Kelly, solicitor, practising under the style of Messrs. Gallery & Kelly, Elphin, Co Roscommon, and a former member of the Council, has been appointed a Lay Commissioner of the Land Commission. . NOTARY PUBLIC A Government stockbroker carrying on business in partnership petitioned the High Court to be appointed a notary public. The petitioner had been in partnership with a stockbroker who was a notary public and who kept a shipping protest register for upwards of fifty years. It was stated that it was normal practice for captains of ships after voyages to the port of Dublin when damage occurred during the voyage to lodge a detailed protest in the register. The value of the register was considerable as commercial and insurance companies frequently sought extracts therefrom. The petitioner stated that he was not aware of any other notary in Dublin who kept such a register and he maintained that the register should be kept as formerly and he undertook to do so if appointed. The petitioner's application was opposed by the Faculty of Notaries Public and by the Incorporated Law Society of Ireland. The opposition being based not on the character of the applicant but because the applicant was not a solicitor. The Chief Justice held that as there was no application for the vacancy from a solicitor and as the applicant's fitness to be appointed was certified by six solicitors supported by banking and shipping interests he should be appointed. Furthermore the association of the petitioner with deceased partner who maintained the protest register was a factor to be taken into consideration. Applicant was appointed on the undertaking that he would not engage in legal business of any description other than that peculiar to a notary public.