The Gazette 1974

THE SOCIETY Proceedings of the Council MEETING HELD 27th NOVEMBER 1973

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 8

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).