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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.
REGISTRATION OF TITLE ACT, 1964
ISSUE OF NEW LAND CERTIFICATES
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