The Gazette 1964/67

District Courts.

Signed on behalf of the Incorporated Law

Society of Ireland, this 23rd day of

September, 1965.

JOHN MAKER,

President of the Incorporated Law Society

of Ireland.

EXPLANATORY NOTE.

(This note is not part of the instrument and does not

purport to be a legal interpretation thereof?)

The effect of these Regulations is to define the law

of personal property for the purpose of the first

law examination and to transfer the subject of the

law of patents, trade marks and copyright from the

first law examination to the third law examination

held under the Solicitors Act, 1954.

CIRCUIT

COURT ORDERS UNDER

SECTION 52 OF THE REGISTRATION

OF TITLE ACT, 1891

It is desired to draw attention to the frequent

omission in affidavits grounding applications to the

Court under the above Section of averments which

may be required in view of the provisions of the

Land Act, 1965.

Where property is subject to the provisions of

Section 45 of the Land Act, 1965, and it is necessary,

for the purpose of proving that an interest referable

to a possession has been acquired, to show that the

applicant is a qualified person within the meaning

of this Section his Affidavit should contain an

averment that he is a qualified person within the

meaning of this Section by virtue of his being an

Irish citizen or otherwise. Where the application is

made by the personal representative of a person who,

it is claimed, had acquired an interest referable to a

possession and it is necessary, for the proof of such

acquisition, to show that such person was a qualified

person the Affidavit of the personal representative

should contain a similar averment that the deceased

was a qualified person within the meaning of the

Section.

In the event of the applicant being Transferee

under a Deed of Transfer and seeking an Order

under Section 52 declaring that at the date of the

Deed

the Transferor had acquired an

interest

referable

to possession and directing

that

the

applicant be registered as full owner the Deed, if

executed on or after the 9th of March, 1965, would

appear to be an Instrument within the meaning of

Section 45 (3) and should contain the appropriate

certificate if, in fact, the applicant is a qualified

person.

Attention is also drawn to the provisions of

Section 12 of the Land Act, 1965, where a Section 52

Order, if granted, would create a sub-division and

to the necessity of obtaining the consent of the

Land Commission thereto (except in cases covered

by the proviso to Section 12 (6) ).

INSURANCE COVER FOR HOUSE LEFT

UNFURNISHED

A note appeared in the English Law Society's

Gazette

of August, 1965, under the above heading

which may be summarised as follows :

"Most householders' comprehensive policies do

not provide cover, where a house is left unfurnished,

against burglary, housebreaking, larceny or theft or

attempts

thereat or certain types of malicious

damage, nor against bursting or overflowing of water

tanks, apparatus or pipes or breakage of fixed glass

or sanitary fittings. Losses from these causes may

well arise if a vendor vacates a house before the

purchaser goes into occupation.

Experience has

shown that these particular contingencies involve

additional risk and, depending on the circumstances,

extra cover would only be granted for an additional

premium. It appears that the practice of individual

insurance companies, whether tariff or non-tariff,

varies in some degree as to the grant of cover in

respect of the above mentioned risks and that where

cover is offered, the additional premium required also

varies. Where it is the practice of a company to

consider offering cover, it appears that each case is a

matter for consideration on its merits, such as the

length of time during which the house \rill be

unfurnished or unoccupied, the type of premises

and the locality, and other circumstances

the risks in question."

SECRETARY/SOLICITOR

The Ontario Housing Corporation mwiies a

Corporate Secretary/Solicitor:

$9sJ®o—$II,J«SEI.

Responsibility would

include general aaqpewate

secretarial functions as well as acting in an

trative capacity under the dircctioa t»£ tfee

director.

Legal functions would include the ptrejsMatBksra rf