The Gazette 1964/67

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.

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.

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. 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 CASES OF THE MONTH