The Gazette 1964/67

copyright) and the practice of the Circuit and 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 43