The Gazette 1949-1952

signed by the President on the 21st February, 1951, and have accordingly become law.

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

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

Made with