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person by reference to a specified category of the
definition of "qualified person" contained in sub
section (i) of Section 45 of the Land Act, 1965.
Where the application is made by the personal
representative of a person who, it is claimed, had
acquired
title
to
registered property by mere
possession the affidavit of the personal representative
should contain an averment (if it were so) that the
deceased was a qualified person by reference to a
specified category in said sub-section (i).
In applications to the Court under Section 21 of
the Registration of Title Act, 1942, or Section 22 (2)
of the Administration of Estates Act, 1959, if an
Order that the applicant be registered as owner of
the land is sought a similar averment should be
contained in his affidavit, where he is not a "member
of the family" as defined in sub-section (2) of
Section 45 of the Land Act, 1965.
Where an Order under Section 5 2, if made, would
create a subdivision regard should be had to the
provisions of Section 12 of the Land Act, 1965.
HOUSING AUTHORITIES (LOANS FOR
ACQUISITION OR CONSTRUCTION OF
HOUSES) (AMENDMENT)
REGULATIONS, 1965
These Regulations provide for increases in the
maximum amount of loans which may be made by
Housing Authorities to persons for the purpose of
acquiring or constructing houses. They also amend
the definition of "ownership" contained in the
Housing Authorities (Loans for Acquisition or
Construction of Houses) Regulations, 1964 (S.I. No.
130 of 1964).
"Ownership" means such interest or combination
of interests in a house as, together with the interest
of the purchaser of the ownership, will constitute
either a fee simple (including fee farm) interest in
possession or a leasehold interest in possession of
such number of years unexpired at the date the loan
is made, or whether the loan is made in instalments
at the date of the payment of the first instalment, as
is equal to or greater than the sum of the term fixed
for the repayment of the loan and fifteen years.
In cases where the house is situate in the County
of Dublin or in the County Boroughs of Dublin,
Cork, Limerick or Waterford or the Borough of
Dun Laoghaire, the maximum amount of the loan
available is £2,700 or 95% of the value of the house
excluding from that value the amount of any grant
under any enactment whichever is the less.
Throughout the rest of the country the maximum
loan is £2,500 or 95% of the value of the house
excluding from that value the amount of any grant
under any enactment, whichever is the less.
The Statutory Instrument (S.I. No. 137 of 1965) is
available from the Government Publications Sales
Office, G.P.O. Arcade, Dublin i. Price 6d.
INTERNATIONAL CIVIL AVIATION
ORGANISATION
A vacancy now exists for the post of Legal Officer
in the Legal Bureau in the above Organisation whose
headquarters are in Montreal. Copies of the Organis-
tion's application for employment form may be
obtained on request from the Establishment Division
of the Department of Transport and Power, Kildare
Street, Dublin 2 (Room 412, telephone extension 19).
Applications may be forwarded direct to the Chief,
Personnel Branch,
International Civil Aviation
Organisation, 1080, University Street, Montreal,
Canada.
BIRPI
Applications are invited for the post of Legal
Assistant in the Copyright Division of the above
International Bureau.
Candidates should apply
to Head of Personnel, BIRPI, 32 Chemin des
Colombettes, Geneva, Switzerland, for application
forms.
These forms duly completed must reach
BIRPI before November i, 1965.
CASES
OF THE MONTH
Ranking business
The term "Bank" is nowhere defined by statute.
United Dominions Trust Ltd., who were not
licensed to carry on business as moneylenders lent
money to the defendant secured by promissory notes
by way of "stocking finance". The bills were dis
honoured on presentation. It was conceded by the
plaintiffs that they could not recover unless they
came within the first limb of exception
(d)
to
section 6, Moneylenders Act, 1900, viz., that they
were as they maintained "bona fide carrying on the
business of banking". It was held that the plaintiffs
were entitled to recover. The taking of money on
current account, the payment of cheques drawn on
oneself and the collection of cheques for customers
were matters essential to
the legal concept of
banking. In determining whether a person bona fide
carried on banking business the Court was concerned
to see whether the banking business was genuine
and, except in a borderline case where genuineness
was in doubt, motive was irrelevant.
In the present