The Gazette 1961 - 64

been settled some months before that. It was essential for solicitors to inform the clerk in charge of the lists of any settlement and also of the possible length of cases to ensure the proper administration of the work of the courts. This was the respon sibility of both solicitors and counsel. SOLICITORS WORK TO RULE A newspaper report of March ist from Glasgow indicates that twenty-six solicitors operating the Poor's Roll at Glasgow Sheriff's Court began to work to rule on March ist. They are doing so against the decision of the Government that they cannot introduce a Bill in the present session of Parliament to establish a comprehensive system of legal aid in criminal cases in Scotland as recommended by the Guthrie Report. Legal aid in criminal cases in Scotland originated in medieval times. In distant and more leisured times it was considered no unfair burden on the profession that a number of solicitors in each locality should be appointed on a roster to take on the duties of representing the poor. In more recent times the Treasury allocated an annual sum of £8,000 which was distributed by the Law Society among the solicitors so acting on a, more or less, quantum merttit basis. Applications for legal aid became so numerous that the duty of representing the poor, or allegedly poor, became an impossible burden. Furthermore many persons seeking legal aid were found or suspected to have sufficient means to pay for legal assistance. A committee under the chairmanship of Lord Guthrie investigated the position and drew up a report recommending that the present system should be scrapped and replaced by a comprehensive legal aid system in criminal cases. The net cost would be about £250,000 and the Government were slow to implement the report. On March ist, none of the solicitors who take on the Poor's Roll on a rota appeared for prisoners at the Summary Court. The work to rule takes the form of adhering strictly to what they consider is the meaning of the terms of the schedule to the Sheriff's Court (Scotland) Act 1907, by refusing to give free legal representation to any person on a criminal charge until that person produces a sworn affidavit that he or she is unable to pay for legal representation. Procedure at the Summary Court was faster than usual. Only three of the twenty-four persons who appeared on charges had instructed a solicitor to represent them. The others, although informed by Sheriff J. Bayne that he would grant them an adjournment so that they could obtain a solicitor, did not ask for the services of Poor's Roll solicitors,

when matters of mutual interest were discussed, and in particular, legal aid. A sub-committee of the Council has prepared a report on the question of the necessity for adjudi cation of leases. Copies of this report are being sent to the Incorporated Law Society, and to the various solicitors acting for lending bodies. At the request of the Ground Rents Commission, a report was prepared by the Council, and sent to the secretary of the Commission. Two members of the Council will attend at the sitting of the Com mission, to give evidence on the report if required. In view of the small response to the circular letter regarding the proposed trip to New York, the venture is not being proceeded with. THE SOCIETY'S CALENDAR AND LAW DIRECTORY The Publications Committee have under con sideration the question of revising and reprinting the calendar with a view to making it more attractive and useful. Bar Associations and individual members are invited to consider the matter and to communi cate to the Secretary any suggestions for the im provement of the publication. All suggestions received will be considered carefully by the com mittee. The Council wish to apologise to members who ordered the 1962 Calendar for the delay in public ation. This was due to printing difficulties and the delay was completely outside the Society's control. The calendar is now available for those who have placed orders and any member wishing to obtain a copy who has not placed an order may, by applying to the Society, have his name put down for any surplus copies available after orders have been fulfilled. NO APPEARANCE WHEN CASE CALLED The Times for March yth, contains a report of a statement made from the Bench by Lord Chief Justice Parker. His lordship said that solicitors should carefully watch the weekly and daily lists as it had come to his attention that four cases had recently been called on before judges trying non-jury cases and that neither a solicitor nor counsel had appeared on either side. These cases had all appeared in the weekly warned list, the daily warned list and the day's cause list. His lordship stated that in future those who appeared to be in default would be ordered personally to pay any costs thrown away. His lordship also said that recently several cases had appeared in the day's cause list when they had