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THE SOCIETY
Proceedings of the Council
MEETING HELD 27th NOVEMBER 1973
The President in the Chair, also present: Messrs. W.
B. Allen, Walter Beatty, Bruce St. J. Blake, John F.
Buckley, John Carrigan, Anthony Collins, Laurence
Cullen, Gerard M. Doyle, Joseph L. Dundon, James
R. C. Green, Gerald Hickey, Christopher Hogan,
Michael P. Houlihan, Nicholas S. Hughes, John B.
Jermyn, Francis J. Lanigan, John Maher, Ernest J.
Margetson, Patrick C. Moore, Patrick J. McEUin,
Patrick McEntee, Brendan A. McGrath, John J. Nash,
Peter E. O'Connell, Patrick F. O'Donnell, Dermot G.
O'Donovan, James W. O'Donovan, Rory O'Connor,
William A. Osborne, David R. Pigot, Peter D. M.
Prentice, Moya Quinlan and Ralph J. Walker.
Election of Council
There were 31 candidates for the 31 places available
for ordinary members of the Council and the following
members received the votes as recorded in the Scru-
tineer's Ballot, page 2.
In effect the Council was the same as last year
except that Messrs P. F. O'Donnell and E. J. Mar-
getson replaced Messrs Eunan McCarron and Thomas
J. Fitzpatrick.
The extraordinary members of the Council for the
year 1973/'74 elected were as follows:
From the Dublin Solicitors' Bar Association, Rory
O'Connor, John F. Buckley and Thomas Jackson, Jnr.
From the Southern Law Association, Bryan Russell,
Gerald J. Moloney, Nicholas S. Hughes, Mrs. Felicity
Foley and John A. O'Meara.
The following candidates were duly nominated as
provincial delegates in accordance with bye-law 29 (a)
of the Society and were returned unopposed.
Ulster : John C. O'CarroU
Munstcr : Dermot G. O'Donovan
Leinster : Christopher Hogan
Connaugh t: Patrick J. McEllin
Subjects for Preliminary Examination
The Council decided on a motion that Rule 10 of
the Apprenticeship and Education Regulations made
under the Solicitors' Act 1954 should be amended by
the deletion of the existing Rule and the substitution
therefor of the following :
Subjects at the preliminary examination.
The subjects at the Preliminary Examination shall be
as follows :
(a) English and Mathematics.
(b) One of the following subjects that is to say Latin,
French or German.
(c) Any two of the following subjects, History, Geo-
graphy, Greek, Latin, French or German (if not
taken as a compulsory subject under (b) above, a
modern language (other than Irish) approved by
the Court of Examiners, Physics, Chemistry, Bio-
logy» Commerce (which is composed of four sec-
tions namely, Economics, Business Organisation,
Accountancy and Economic History of which the
candidate will take one section only).
13th DECEMBER 1973
Mr. T. V. O'Connor and afterwards Mr. Peter D.
M. Prentice in the Chair, also present: Messrs W. B.
Allen, Walter Beatty, Bruce St. J. Blake, John F.
Buckley, John Carrigan, Anthony E. Collins, Laurence
Cullen, Gerard M. Doyle, Joseph L. Dundon, Felicity
Foley, James R. C. Green, Gerald Hickey, Michael P.
Houlihan, Nicholas S. Hughes, Thomas Jackson, Jnr.,
John B. Jermyn, Francis J. Lanigan, John Maher,
Ernest J. Margetson, Gerald J. Moloney, Patrick C.
Moore, Patrick J. McEllin, Patrick McEntee, Brendan
A. McGrath, John J. Nash, Patrick Noonan, John C.
O'Carroll, Peter E. O'Connell, Patrick F. O'Donnell,
Dermot G. O'Donovan, James W. O'Donovan, Rory
O'Connor, William A. Osborne, Moya Quinlan, Robert
McD. Taylor, and Ralph J. Walker.
Election of President and Vice-Presidents
Mr. Peter D. M. Prentice was elected President and
took the Chair at the meeting. Mr. William A. Osborne
was elected Senior Vice-President and Mr. Bruce St.
J. Blake was elected Junior Vice-President.
International Union of Latin Notaries
It was decided on a motion that the Incorporated
Law Society of Ireland should become a corresponding
member of the Common Market Section of the Inter-
national Union of Latin Notaries.
Retainer in Criminal Cases
Members wrote stating that they represented an
accused person in criminal proceedings in the District
Court. The accused was convicted and without taking
advice or without having his solicitors take any steps
lodged a notice of appeal in hri own name. Members
wanted to know whether a solicitor taking a District
Court criminal case must follow same through t othe
Circuit Court irrespective of whether their fees are paid
or not. The Council felt that in the circumstances out-
lined the solicitor was not necessarily bound to appear
on the appeal.
Mortgagee's Solicitor's costs in cases of equitable mort-
gages by deposit
Members wrote to the Society stating they acted for
clients who were borrowing from a bank sums up to
£10,000 maximum to be secured by equitable mortgage
of deposit of title deeds and they wanted to know hwa t'
was the correct basis for charging. The Council on a
report of a committee decided to inform members as
follows:
(1) The question of costs is primarily a legal ques-
tion.
(2) An equitable deposit of title documents can
secure either (a) a specific sum borrowed or (b) any
future sums being borrowed up to a maximum figure
agreed either verbally or in writing between the
parties.
(3)
It seems that a solicitor can charge the scale
fee under Schedule 1 where the transaction involves
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