126 / 262
the Central Criminal Court which led to Mr. Sean T.
O'Kelly being fined in 1928, is mentioned in a footnote,
as is that of
Ross Connolly
(1947). In the case of
re
Haughey
(1971) I.R. 217, the High Court convicted the
applicant of contempt and sentenced him to imprison-
ment, despite the fact that the certificate from the Dail
Committee investigating the disposal of Red Cross funds
had not stated in full detail the applicant's alleged
offence; the Supreme Court, apart from finding the
procedure unconstitutional, accordingly allowed the
appeal and discharged the accused on this ground, and
stated that he should also have been tried summarily.
In the
Hibernia Review case,
unreported, Pringle J.
fined the journal and its editor £50 each for contempt
on 16th May 1972 and the writer Mac Aonghusa £100
for protesting against the jail treatment of a prisoner
on remand. It would not have been possible for the
learned authors to consider those cases, but their de-
tailed comments in a future edition would be welcome
in considering contempt by publication.
The whole subject appears to be subjective and nebu-
lous, but the learned authors have written an erudite
and masterly volume which will remain the leading
work. It will be recalled that the last volume of Ozwald
on Contempt was published as long ago as 1907.
Finally I would commend the nebulous Section 4 of
the Offences against the State (Amendment) Act 1972
for detailed comment by the learned authors (see the
February
Gazette,
page 40).
Lasok (Domnic) and Bridge (J. W.)—Introduction to
the Law and Institutions of the European Communities.
8vo; pp. xxi plus 314; London, Butterworth, 1973;
£3.20 paperback.
Those of us who had the pleasure of listening to Prof.
Lasok and to Mr. Bridge, who teach European Com-
munity Law in Exeter, in the course of a seminar organ-
ised by the Young Solicitors' Society in the Burlington
Hotel, Dublin, in September 1972, will be pleased that
their interesting lectures are now available in extended
printed form. This work is most absorbing, but it is not
for the amateur, because it assumes the reader has some
knowledge of Community Law. The work is divided into
four main parts : Part 1 deals with the Nature of the
European Communities and of Community Law, de-
scribing first the European Community and its Law
and later the Concept and Status of the European
Community followed by the Nature and Challenge of
Community Law, and a stimulating chapter on the
Primary and Secondary Sources of Community Law
It
is
emphasised
that
those
who
practice
Community Law will require specialisation so that
a reciprocal right of Establishment of lawyers can be
made.
Part 2 called the Law of the Institutions deals in
detail with the Commission, the Council of Ministers,
the Assembly and the Court of Justice.
Part 3 deals with the intricate subject of the relation-
ship between Community Law and the Municipal Law
of Member States. In dealing with the Implementation
of Community Law, it is emphasised that, in case of
conflict, it is essential for municipal Courts to follow
Community Law first, and that is why the decisions of
the Community Court are so important.
The last part—the Law of the Economy—deals with
such matters as Agriculture, Transport, Free Movement
of Goods, etc. The involved language problem is also
fully discussed.
Interesting procedural defences, such as
" Detourne-
ment de Pouvoir", "Faute de Service"
and
"Exception
d'lllegalite"
are fully discussed, as is the nature of
Regulations and Directives. One must always remember
that the listed Community Regulations, even though
made before 1973, are binding as Irish Law by virtue of
the Schedule to the European Communities Act 1972,
and in case of conflict in the text of the Treaties the
Irish Superior Courts will have to request the European
Community Court to give u preliminary ruling on
Community Law before proceeding with the case. Points
like these, stressed by the learned authors cannot be
too much emphasised. This work will greatly enhance
the knowledge of members who want to improve accur-
ately what they have learnt in a preliminary way about
European Community Law.
Kelly's Draftsman. 13th edition by R. W. Ramage. 8vo;
pp. lxxxvi plus 911; index pp. 74; London, Butterworth,
1973; £7.00.
This is the centenary edition of this famous practical
work which first appeared in 1873. Older practitioners
will remember Mr. Reid's 7th edition of 1929 which,
though in a smaller format still contained 734 pages
and 85 index pages; in view of the new English Prop-
erty Acts, most of the precedents there had to be re-
written. Mr. W. J. Williams was the editor of
all
editions
from the 9th to the 12th inclusive, which has ensured
the continuous usefulness of these precedents. In the
9th edition (1950) owing to the larger format at present
in use, 30 per cent of material was added; but the
number of pages in the text was reduced to 667. In the
11th edition (1962), the number of text pages had
increased to 794, and this had increased in the 12th
edition (1967) to 869; thus there are approximately 40
more pages in this edition. Mr. Ramage has wisely
abandoned the word "shall" save as an expression of
legal obligation. Conveyancing practitioners will be well
used to the precedents contained in previous editions,
and it is therefore only necessary to draw their attention
to changes. There are 14 new prescribed notices under
the Leasehold Reform Act 1971 which may possibly be
adopted to our legislation. There are also new forms of
(1) Release to a Borrower of part of the property com-
prised in the mortgage; (2) Collateral Mortgage by way
of further Security for an existing advance, (3) Agree-
ment for letting a Caravan, (4) Mortgage of Policy of
Life Assurance as collateral Security to a Mortgage of
Land, (5) Power of Attorney executed at the direction of
a Donor, (6) Deed executed by a company in liquidation,
(7) Notice given in respect of unsolicited goods, and
(8) Certificate to be endorsed of Facsimile Powers of
Attorney as Proof of their Contents. The printing, con-
tents and lay-out of this edition are, as usual, excellent,
but it will be for the Irish conveyancing practitioner to
decide whether he should get this new edition when the
previous edition had been published at £3.75.
Heydon (J. D.)—Economic Torts.
8vo; pp. xxiii plus
99; London, Sweet & Maxwell, 1973 (Modern Legal
Studies Series); Paperback; 90p.
The idea of the Modern Legal Studies Series is to write
short scholarly monographs in different areas of law by
writing about new legal topics, or about specified topics
in law subjects, and thus helping social science. The
subject of "Economic Torts" has assumed great impor-
125