The Gazette 1964/67

able offences. An application for legal aid on the trial of indictable offences in the Circuit Court or Central Criminal Court may be made either to the District Justice on behalf of the accused on being returned for trial or to the Judge of the Court to which the accused is returned. Provision is also made for legal aid on appeals to the Court of Criminal Appeal or the Supreme Court and for cases stated. During the discussions widi the Council on die proposed regulations the Minister for Justice informed the Council that the scheme is experimental and that the scales of costs and other provisions of the scheme would be reviewed within the next two years. Although solicitors who undertake the work of defending persons charged with serious criminal offences involving detailed and onerous preparation will be doing so at considerable personal sacrifice, the Council request members to co-operate in the working of the scheme and to endeavour to make it a success in the public interest. The Criminal Justice (Legal Aid) Regulations, 1965 (S.I. No. 12 of 1965) may be purchased at the Government Publications Sale Office, G.P.O. Arcade, Dublin i. Price z/-, plus postage. PROCEEDINGS UNDER THE SOLICITORS ACTS By order of the President of the High Court dated izth February, 1965, Mr. Richard J. Elgee, solicitor, who practised under the style of Little and Elgee at George Street, Wexford, was suspended until further order. RULES OF THE SUPERIOR COURTS These Rules prescribe Court procedures relating to the registration of Business Names Act, 1963, probate matters, shorthand reporting and revenue, in amendment of the Rules of the Superior Courts. Instrument No. 29 of 1965 may be purchased direcdy from the Government Publications Sale Office, G.P.O. Arcade, Dublin i. Price 9d. ROAD TRAFFIC ACT, 1961 The Department of Local Government issued in January, 1965, a paper relating to the extent of which the Road Traffic Act of 1961 is in force, particulars of the orders, regulations, bye-laws and rules made thereunder and particulars of orders, etc., made under the Road Traffic Act, 1933 which have not been revoked. The statement covers the position as at ist January, 1965 and supersedes all previous statements issued by the Department on the subject.

forming part ot an estate in which the solicitor held a power of attorney for the purpose of extracting a grant of administration de bom's non. If the premises are not sold before the next annual licensing session the solicitor is to apply for extension of permission. Registered trade mark agents The Council on a report from a committee stated that there is no objection to a solicitor's carrying on business as a registered trade mark agent provided that different professional stationery is used for his practice as solicitor and his practice as trade mark agent, neither making any reference to the other. Solicitor. Conflicting claims to money A member acted for a lady who recovered damages for negligence. On the instructions of the client member wrote to the solicitor for a third party stating that he had received instructions to pay to the third party any money recovered on foot of die client's claim for personal injuries. On the issue of the cheque for compensation by the insurance company the client's husband persuaded her not to sign any form of receipt and discharge, apparently with a view to avoiding her promise through member to the third party. Member thereupon returned the cheque to the insurance company. Member gave no undertaking and enquired as to his professional obligation. He had since received an application from another solicitor to hand over the papers. On a report from a committee the Council stated that in the absence of any undertaking member was under no obligation arising from his letter to the solicitor for the third party and that he should on receipt of a written authority from the client hand over the papers on payment of his costs. LEGAL AID IN CRIMINAL MATTERS The Criminal Justice Legal Aid scheme will come into operation on April ist. Applications for legal aid will be made to the District Justices. The applicant will be entitled to legal aid in the District Court if the Justice is of the opinion that his means are insufficient to enable him to obtain legal aid from his own resources and that it is essential in the interests of justice that he should have legal aid by reason of die gravity of the charge or of exceptional circumstances. A person charged with murder will be entided to legal aid as of right on proof of insufficient means. Legal aid will consist of the retainer of a solicitor and (where the accused is charged with murder and the Court thinks fit) counsel. Subject to die conditions already mentioned, legal aid is provided for cases tried summarily and for the preliminary investigation and trial of indict- 76