The Gazette 1964/67

SUCCESSION ACT, 1965 The Commencement Order (S.I. No. 168 of 1966) brings the Succession Act, 1965, into opera tion on the 1st day of January 1967. The Act will apply to the distribution of the estates of all persons dying, whether testate or intestate, on or after that date. RULES OF THE SUPERIOR COURTS (No. 2) 1966 This Statutory Instrument (169 of 1966) makes necessary amendments in the Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962) and in the Rules of the Superior Courts (No. 1), 1964 (S.I. No. 38 of 1964). The rules effect the fees and in a minor way the entering of an appearance, filing and entry of Judgment; Guardianship of Infants Act, 1964; the Insurance Act, 1964. RULES OF THE SUPERIOR COURTS (No. 3) 1966 These Rules which were signed by the Minister for Justice on 28 July 1966 provide for revision of the costs allowed in judgment by default cases as prescribed by the Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962). The revision is in consequence of the increase in court fees effected by the Supreme Court and High Court (Fees) Order, 1966 (S.I. No. 62 of 1966). In Appendix W, Part IV (3) the sums of £15-5-6, £15-11-9 and £15-18-0 (together with the twelve per cent increase provided for by the Rules of the Superior Courts (No. 3), 1964) shall be altered respectively to the sums of— £20-18-0, £21-5-0 and £21-12-0 (inclusive of the said increase). The above Rules have been made by the Dis trict Court Rules Committee with the concurrence of the Minister for Justice to provide the remuner ation to be paid to a summons server for the .service of any summons, civil process, originating document 'or other court document shall be 6/- payable on proof of each separate service effected.; These Rules will come into operation on the l£f" day of October 1966 and should be read together with the District Court Rules, J.948, now the District Court Rules for the time being in force. 42 DISTRICT COURT (CIVIL BILL OFFICERS FEES) RULES, 1966

(c) Remote estates of low agricultural value, un suitable for afforestation, i.e. "snipe grass". (d) Existing bona fide stud farms being sold as going concerns, with reservations as to acreage. Each case, however, will be judged individually and no assurance can be given that every property in the above categories will be readily saleable to non-citizens. Apart from the machinery of consent, there is a specific provision in Section 45 for the issue of a certificate covering a purchase "for private resi dential purposes where the land involved does not exceed five acres in extent". It is not necessary that there should be a residence on the land; a bona fide intent to build a residence suffices. In respect of all other non-urban properties, vendors should not assume that sales to non-citizens will be authorised. In this way, wasted effort, delays and disappointments can be brought to a minimum. As far as possible, application for consent should be accompanied by completed Contract for Sale (either provisional contract or the soceity's stan dard conditions of sale), but where there is evi dence of serious possibility of agreement between vendor and purchaser, the Land Commission will be prepared to deal with bona fide pre-contract applications. The question of land sales to non-citizens is a very contentious one, however, and, lest objection able sales should slip through, the public interest requires the Land Commission to make local en quiries in every case. Members may experience certain difficulty where lands are being sold by auction and they have been instructed by a non-citizen. As condi tions of sale are seldom ready earlier than a fortnight before the auction and as the Commis sioners have many other urgent matters to attend to, it would be impracticable for them to make the enquiries to assess applications from prospec tive (non-citizen) purchasers within the short time intervening between advertisement and i .auction. REGISTRATION OF TITLE ACT, 1964 : The Commencement Order in respect of this Act (S.I. No. 167 of 1966) brings the Act into operation on the 1st day of January 1967. The Act consoli dates and reforms the law relating to the registra tion of the title to land and provides for the gradual extension of compulsory registration to all land in the State.