139 / 244
solicitor filed an affidavit showing that he claimed a
lien on the funds to the extent of £470, in respect
of costs payable to him by his client, the debtor.
Upon the hearing o f the motion to have the con
ditional order made absolute, the judgment creditor
expressly disclaimed any intention to dispute this
claim, but contended that as it did not extend to
the entire o f the fund, he was entitled to have the
order made absolute in respect o f any balance
remaining after the solicitor’s claim for costs
had been satisfied.
He also conceded that the
solicitor was entitled to add his costs o f appearing
on the motion to his claim. It was contended on
behalf of the solicitor for the judgment debtor
(who appeared by the same counsel) that the order
ought to be discharged, firstly, because the con
ditional order had not been served on the solicitor
within the period of ten days limited by Order L II,
r. 12, and, secondly, that it was not competent for
the Court to make an order attaching funds in
Court in respect o f which an Order directing pay
ment out in particular manner had already been
made. Dixon, J., ruled that as the solicitor had
elected to appear, and no order was being sought
which would in any way prejudice his rights, he
(the Judge) should waive the non-compliance, under
Order L X X X IX , r. 1. On the second point, the
learned judge held that a creditor was entitled to
garnishee funds in Court in such circumstances,
and that no conflict would arise between his order
and the order for payment out already made. His
order would be to attach so much o f the said sum
of
£
500 as was left in the hands ot the solicitor after
discharging his lien for costs already incurred
together with his costs of appearing on the motion ;
the stop order would be discharged, and the creditor
would be entitled to add the costs o f the garnishee
proceedings to the amount o f his judgment debt.
—{Irish Law Tims and Solicitors’ Journal.)
LAND PURCHASE ACTS RULES,
1951
T
he
Land Purchase Acts Rules,
1951
(S.
I.
No.
50
of 1951).
Made on the 26th February,
1951,
embodying amendments to the former Rules may
be obtained from the Government Publications
(Sales) Office, College Street, Dublin—price 9b. A
revised Schedule o f Office Fees applicable from 2nd
April,
1951,
is attached to these Rules.
LEGISLATION
T
he
Tortfeasors Act, 1951 (No. 1 of 1951) and the
Criminal Justice Act,' 1951 (No. 2 o f 1951) were
signed by the President on the 21st February, 1951,
and have accordingly become law.
STATUTE LAW REVISION IN
ENGLAND
I
n
July, 1947, Lord Jowett, the Lord Chancellor,
set up a Statute Law Revision Committee with the
double object o f :—(i) consolidating scattered
enactments so that the Statute Law might be more
easily found and understood; and (ii) reducing
the bulk o f the published volumes of the statutes
and statutory instruments and keeping up-to-date
the necessary index to them, and o f providing
means whereby they might readily- be noted up
annually. A recent statement by Mr. Chuter Ede,
the Home Secretary, summarised in the
Law Times
of 2nd March, 1951, has indicated the progress
made since then. Since July, 1947, 25 Consolidating
Acts taking the place o f over 90 acts ranging in
date from 1540 to 1950 had been passed, and
scattered provisions had been eliminated from about
150 other existing Acts; this included the 462
Clause Companies Act o f 1948 ; and bills relating to
the consolidation of Income Tax Laws and of the
laws relating to Customs and Excise .would be
introduced soon. A simplified procedure by a Joint
Committee of both Houses was foreshadowed by
the Consolidation of Enactments (Procedure) Act,
1949; this Act only applied to the correction and
minor alteration of existing statutes. The Schedules
to the Statute Law Revision Acts, 1948 and 1950,
repeal numerous measures which have in practice
fallen into abeyance ; these Acts apply to Northern
Ireland, and if within the competence of the Parlia
ment o f Northern Ireland, under the Government
o f Ireland Act, 1920, can be altered by that Parlia
ment. Thus, recently, the Short Titles Act, 1951,
was passed in Northern Ireland, by which short
titles are given to several old Irish Statutes. The
Third Edition of the Statutes Revised (to the end o f
1948) had just been issued and the Chronological
Table of all Statutes (to the end of 1950) would
be issued next month. An index to the statutes in
force covering all Acts to the end of 1950 would be
published before the end of the year. Eight volumes
of the new edition of Statutory Rules and Orders—
the first since 1904—has been published ; this work
would be completed in about 28 volumes by the
end of 1951. An Index of all Statutory Rules and
Orders in force was published in December, 1950,
covering the period down to the end o f 1949. A
new edition of the Consolidated Index of Local
Acts covering the period 1801-1947 was published
in November, 1949.
The Statutory Publication
67