146 / 244
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.
3.
—(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
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