The Gazette 1975

latter interpretation is undoubtedly the correct one. In the Deansrath Investment Case, (1974) I.R., Pringle J. and the Supreme Court held that the same Arbitrator had been correct in holding that contraryt o the submission of the local authority that he was bound to fix the value of the zoned lands as agricultural land, nevertheless valued them as being potentially suitable for residential purposes. It follows that the value of the lands to be assessed compulsorily is to be assessed as being the market value of the full price of the lands. The evidence at the Public Inquiry was to the effect that the lands, if acquired by the Corporation, would be used for residential development The confirmation by the Minister of the Compulsory Purchase Order was proof that he approved of this development. It is for the Arbitrator from his knowledge and experience to decide upon the weight to be given to the evidence; and this he had done. The answers to the two questions sub- mitted are : (1) The time fixed by the Notice to Treat was 2nd May, 1974. (2) The Arbitrator should have regard to the tran- script of the evidence only to the extent that, in relation to a proposal by the Corporation to develop the lands for residential purposes, the Minister could consent to a change of zoning from agri- cultural to residential development. In re Poppintree—Balbutcher—Santry Compulsory Purchase Order and in Re Murphy—Butler J.—un- reported—31 st July, 1975.

Court dismissed the appeal. The Special Arbitrator, Mr. Owen McCarthy, held an arbitration for an award of compensation, and referred a Special Case Stated for the Court to determine two questions : (1) Whether the Notice to Treat related to the 12th March, 1973 or 2nd May, 1973. (2) Whether the Arbitrator should have regard to the transcript of evidence at the public enquiry. S.78 of the 1963 Act sets out the procedure. When the Minister confirms a Compulsory Purchase Order, the local authority must publish in the Press a Notice setting this out and stating where such Order may be inspected. This Notice must be served on all persons having an interest in the property who objected to the Order. Any person desiring to question the validity of an Order confirmed by the Minister may, within 21 days of publication, make an application to the High Court. In such a case the Court may make an interim Order suspending the operation of the Order. If the Court decides not to quash the Order, the Order will become operative on the date of the determination of the application. It was contended for the claimant that, as the High Court had made the original decision on 1st March, 1973, that this Order was the operative Order, and the Notice to treat issued on 12th March 1973 was the relevant one; this was undoubtedly the decision of that Court if there had been no appeal. It was contended for the Corporation that the Order should only become operative when all possibility of judicial review had been removed, as there is a consti- tutional right of appeal to the Supreme Court. This

Incorporated Law Society of Ireland Examination Dates and Fees Please note that the Society's examinations will commence on the following dates and the Closing Dates are as shown :

Examination First Irish Second Irish

Date of Commencement

Closing Date

Wednesday, 10th March 1976 Friday, 12th March 1976

20th February 1976 20th February 1976 19th March 1976

Law Examinations

Friday, 2nd April 1976

Book-Keeping

Wednesday, 2nd June 1976

19th May 1976

Entries received after 4.00 p.m. on the specified closing

priate fee as specified in the Solicitors Acts 1954 and 1960 (Apprentices Fee) Regulations, 1975, which are

date will not be considered.

All Entry Forms should be accompanied by the appro-

as follows :

Examination First Irish Second Irish First Irish Second Law Third Law Book-keeping

First Entry

Repeat Entry

£ 5.00 .£ 5.00 £10.00 £15.00 £15.00 £ 5.00

£ 3.00 £ 5.00 £10.00 £10.00 £10.00 £ 5.0O

Applications received without the Entry Fees will not

Monday, 1st March, 1976, is the Registration Date 1975.76 and all Fees due must be paid on or before that date. Candidates will not be allowed to enter for Examinations unless the appropriate lecture fees have been paid. The fee per course of lectures Is £15.00 and per half course (Income Tax) £7.50. f o r t h e y e a r

be accepted.

The Education Committee will only consider appli- cations for exemption from sitting the First Law Exam- ination from those who have entered for the examina- tion, paid the prescribed fee and furnished the appro- priate evidence of their degree qualification.

JAMES J. IVERS (Director-General)

16th January 1976

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