The Gazette 1949-1952

if such a writ came before him again he intended “ to have steps taken so that the matter may be brought before the court and judgment given as- to whether it is contempt or not.” Presumably if this were contempt it would be equally contempt to endorse the writ for money due under “ con­ tracts.” The Council o f The Law Society have expressed the opinion, in the March issue o f the Law Society’s Gazette, that, in view o f the fact that R.S.C., Ord. 19, r. 15, Grizewood v. Blane (1851), 1 1 C.B. 526, and Willis v. Lovick (1901) 2 K .B . 195, require the statute to be pleaded by a defendant who sets it up as a defence, it is not professionally improper for a solicitor to accept instructions to sue in such a case. The Council understand that the Lord Chief Justice’s observations apply exclusively to the case where such a writ is endorsed for “ an account stated ” and that his view is that, as such a pleading does not truly disclose the real nature o f the claim, it amounts to an attempt to deceive the court. But solicitors are still left to puzzle out for themselves how a writ may be issued which does disclose the true nature o f the claim, having regard to the duty of the court not to countenance a claim which is ex facie illegal (Alexander v. Rayson (1936) I. K .B . 169). ( Solicitors’ journal, March 10th, 1951). CRIMINAL APPEAL (FEES AND EXPENSES OF LEGAL AID) REGULA­ TIONS, 1950 (S.I. No. 305/1950) T he Minister for Finance, pursuant to the Criminal Appeal Rules, 1924, hereby makes the following regulations : 1. These regulations may be cited as the Criminal Appeal (Fees and Expenses o f Legal Aid) Regula­ tions, 1950. 2. In these regulations— the expression “ Dublin solicitor” means a solicitor who is required, under the Stamp Act, 1891, to pay the stamp duty applicable to a solicitor who practises in the city o f Dublin or within three miles therefrom; the expression “ country solicitor ” means a solicitor who is required, under the Stamp Act, 1891, to pay the stamp duty applicable to a solicitor who practises outside the limits referred to in the preceding paragraph o f this regulation. —(1) Subject to paragraph (2) of this Regulation the rates and scales of payment in respect o f legal aid assigned to an appellant by the Court o f Criminal 3.

Appeal pursuant to Rule 43 o f the Criminal Appeal Rules, 1924, shall be as follows— (a) to senior counsel—nine guineas on brief and six guineas in respect of each day on which the appeal continues beyond the first day; ( b ) to junior counsel—six guineas on brief and four guineas in respect o f each day on which the appeal continues beyond the first day; ( c ) to a Dublin solicitor—four guineas on the assignment and two guineas in respect of each day on which the appeal continues beyond the first day; ( d ) to a country solicitor—six guineas on the assignment and three guineas in respect of each day on which the appeal continues beyond the first day together with, in respect o f any occasion on which he has necessarily to travel to Dublin in connection with the appeal, such travelling expenses and sub­ sistence allowance as are appropriate to a civil servant o f the highest grade. (2) Where, in the opinion o f the Att General, a case is o f special difficulty he may re­ commend a special fee for the sanction o f the Minister for Finance. G IV EN under the Official Seal of the Minister for Finance, this 19th day of December, 1950. (L.S.) (Signed) J. J. McELLIGOTT. LEGAL LITERATURE OF THE MONTH A selection o f articles from periodicals in the Society’s Library C osts , Incidence o f Liability— Solicitors’ journal, March 3rd and 10th. The Art of Drafting— Solicitors’ journal, March 3rd. Ownership and the sale o f Goods— Solicitors’ journal, March 31st. Some authorised modes o f applying capital money under the settled Land Act— Solicitors’ journal, March 31st. Maintenance payments and taxation— Taiv Times, March 30th. Parcels in conveyances— Taw Times, March 30th. Betting transactions and the Gaming Acts— Law Times, March 9th. Cove­ nants against Assignment, Unreasonably withholding consent— Taw Times, March 9th. House Purchase, mortgage transactions and Legal Costs —Law Times, April 13 th. ^The irrevocable authority o f Agents— The Solicitor, April, 1951. Conveyances o f Single Houses— Solicitors’ Journal, March 24th. Lessees’ liability for costs of Counterpart— Solicitors’ Journal, March 24th. Practice Pitfalls, Withdrawal of Appeal — Taw Notes, March, 1951. 74