The Gazette 1967/71

necessarily incurred by a solicitor practising else where than in the county or county borough of Dublin and attending sittings of a court (other than the Circuit or District Court) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid and travelling and subsisting expenses actually and necessarily incurred by a solicitor in travell ing to and from any place visited for the purposes of the case shall be payable under the act as follows" and sets out in paragraphs (a) and (b) how such are calculated. Sub-Regulations 4 of the same Regulation pro vides "No travelling or subsistence expenses shall be paid under the Act to a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing of the case consists only of one or more of the following, this is to say, the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty, an application for an adjournment or remand or in relation to bail". I have underlined the words which subsequent to the cases to which I refer were deleted by the Criminal Justice (Legal Aid) (Amendment) Regu lations 1970. In one of the earliest cases I defended under the Act, I went to interview the accused in Mount- joy Jail. My expenses for doing so were dis allowed, to my surprise, by the Accountant of the Department of Justice on the grounds appar ently that the regulations did not permit the De partment to make any payment in respect of such expenses. In defending in a case early this year under the Legal Aid Regulations, I again travelled to interview the accused in Mountjoy Jail and sub sequently applied for payment of my expenses of such travelling and subsistence. You will be glad to know that they were allowed. It appears, .therefore, that travelling and subsistence expenses will be allowed where properly incurred. In regard to Sub-Regulation 4, this particular accused had first been returned to trial to the next Sitting of the local Circuit Court and on his instructions I applied for a transfer to the Central Criminal Court. I claimed a fee of ten guineas in respect of such application, which has been allowed. While the following point is of more general application than the Legal Aid Regulations, I must protest at the system whereby the defence

must have its witness summonses issued through the prosecution. It can obviously happen that the defence would not wish the prosecution to know what witnesses the accused was calling. Unless, therefore, the accused's solicitor is prepared to destroy the confidentialiy of his instructions from his client, then he can only avail himself of sub poenas on the civil side, for whatever effect these may be, and probably render himself personally responsible for the expenses of the witness attend ing Court. To the Secretary, Incorporated Law Society of Ireland Edmund S. Doyle, Solicitor, Wexford. REQUISITIONS ON TITLE Society's Standard Form The standard form of objection and requisition on title published by the Society will be kept up to date and amended from time to time. A reprint of the requisitions will be necessary early in 1971 and members who have any suggestions to make as to how the requisitions should be improved or for the inclusion or exclusion of any requisition are requested to write to the Secretary. Suggestions received up to 31st March, 1971 and approved of by the Committee responsible will be incorporated in the next reprint. Suggestions received after that date may be incorporated in future editions. An application has been received from the registered owner mentioned in the Schedule hereto for the issue of Land Certificates in substitution for the original Land Certificates issued in respect of the lands specified in the Schedule which original Certificates are stated to have been lost or inadvertently destroyed. New Certificates will be issued unless notification is re ceived in the Registry within twenty eight days from the date of publication of this notice that the original Certificates are in existence and in the custody of some person other than the registered owner. Any such notification should state the grounds on which the Certificates are being held. Dated this 31st day of December 1970. D. L. McALLISTER, Registrar of Titles. SCHEDULE 1. Registered Owners, Mary McKeon & Francis Mc- Keon. folio 235. Lands: Clondalkin, County Dublin. Area: 9a. Or. 6p. 154 REGISTRATION OF TITLE ACT, 1964 ISSUE OF NEW LAND CERTIFICATES