No. 160/1933:

MONEYLENDERS ACT RULES, 1933.

MONEYLENDERS ACT RULES, 1933.

WHEREAS it is enacted by sub-section (2) of Section 25 of the Moneylenders Act, 1933 (No. 36 of 1933), that the said Act shall come into force on the 1st day of January, 1934;

AND WHEREAS it is enacted by sub-section (6) of Section 6 of the said Act that the Minister for Justice shall make Rules with respect to the procedure to be followed in making applications for certificates under the said Section 6 (including the notices to be given of intention to make such application), and certificates shall be in such form as may be prescribed by the Rules so made;

AND WHEREAS it is necessary or expedient for the purpose of bringing the said Act into operation on the said 1st day of January, 1934, that these Rules should be forthwith made and come into operation immediately upon the making thereof;

NOW, THEREFORE, I, P. J. RUTTLEDGE, Minister for Justice, in exercise and in pursuance of the powers conferred on me by sub-section (3) of Section 11 of the Interpretation Act, 1923 (No. 46 of 1923), and of sub-section (6) of Section 6 of the Moneylenders Act, 1933 (No. 36 of 1933), and of every and any other power me in this behalf enabling, do hereby make the following Rules, that is to say:—

1.— (1) These Rules may be cited for all purposes as the Moneylenders Act Rules, 1933.

(2) These Rules shall come into operation immediately upon the making thereof.

2. In these Rules the word "certificate" means a certificate under Section 6 of the Moneylenders Act, 1933 (No. 36 of 1933).

3. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

4.— (1) Every person who intends to apply for a certificate shall lodge an application for such certificate with—

(a) in case the premises at which such person proposes to carry on business as a moneylender are situate in the Metropolitan District, the Chief Clerk of the Metropolitan District Courts, Inns Quay, Dublin, or

(b) in any other case, the District Court Clerk of the Court Area in which the premises at which such person proposes to carry on business as a moneylender are situate.

(2) Every application shall be in the form No. 1 in the Schedule hereto and shall contain the particulars asked for or otherwise indicated on such form.

5.— (1) Where an application under the immediately preceding paragraph is lodged with the Chief Clerk of the Metropolitan District Courts, he shall fix a date for the hearing of such application, and the date to be so fixed shall be a date not earlier than seven days nor later than fourteen days after the date of such lodgment.

(2) Where an application under the immediately preceding paragraph is lodged with the District Court Clerk of a Court Area, he shall fix a date for the hearing of such application, and the date to be so fixed shall be the date of the sitting of the District Court for that Court Area next after seven days after the date of such lodgment.

6. When the date for the hearing of an application for a certificate has been fixed—

(a) the applicant shall, not later than the expiration of the day after the day on which such date is so fixed, serve personally or by registered post on the Superintendent of the Gárda Síochána of the District in which the premises at which the applicant proposes to carry on business as a moneylender are situate, a copy of the application, having endorsed thereon the date and place fixed for the hearing of the application,

(b) the applicant shall cause to be inserted, not less than seven days before the date fixed for the hearing of the application, in a newspaper circulating in the district in which such premises are situate a notice setting out—

(i) the true name of the applicant,

(ii) the name in which the applicant desires to be authorised to carry on business as a moneylender,

(iii) the place at which it is proposed to carry on the said business,

(iv) the date and Court at which the application is to be made,

(c) the applicant shall not less than four days before the date fixed for the hearing of the application lodge with or send by registered post to the Chief Clerk of the Metropolitan District Courts or the District Court Clerk concerned (as the case may be) a copy of the newspaper containing the said notice.

7. Every certificate shall be in the Form "B" in the Schedule hereto.

8. Every appeal against the refusal of a certificate shall be taken in accordance with the Rules of the District Court relating to appeals in cases of summary jurisdiction.

GIVEN under my Seal of Office this 8th day of December, 1933.

(Signed) P. J. RUTTLEDGE,

(Signed) D. DE BRÚN.

Minister for Justice.

SCHEDULE.

FORM NO. 1.

MONEYLENDERS ACT, 1933.

Application for a certificate under Section 6 of the said Act.

(1) True name.

I, ¹............................................................ .....................................................

of ²

(2) Private address............................................................ ............................................................ .

being a national of Saorstát Eireann,

or

The ¹............................................................ .........................................................

having its registered office at............................................................ ..............

being an Irish-owned body corporate, hereby apply or applies for

the grant of a certificate under Section 6 of the said Act authorising

the grant to me or it of a moneylender's licence to carry on business

as a money lender at³

(3) Address at which business is proposed to be carried on............................................................ ..........................

............................................................ ...................................

under the name of ⁴

(4) Name under which applicant desires to carry on business............................................................ ...............................

............................................................ ..................................

Dated this................day of....................................19.....

Signature of applicant.......................................................

or

Seal of Company.

OTHER PARTICULARS TO BE GIVEN BY APPLICANT.

1. In the case of an individual—

(a) the grounds on which he claims to be a national of Saorstát Eireann;

(b) the evidence which the applicant proposes to produce of—

(i) good character, and

(ii) financial stability.

2. In the case of a company—

(a) the grounds on which it is claimed that the company is an Irish-owned body corporate;

(b) the evidence proposed to be produced of—

(i) the good character of the persons responsible for the management of the company, and

(ii) the financial stability of the company.

3. In the case of an applicant registered under the Moneylenders Act, 1900:—

(a) date of registration,

(b) name and address under which registered.

4. Whether the applicant has or has not been refused a certificate under Section 6 of the said Act.

FORM NO. 2:

MONEYLENDERS ACT, 1933.

CERTIFICATE granted under Section 6 of the above Act.

District Court Area of............................................................ ........................

District (No. ).

I, the undersigned, being a Justice of the District Court assigned

to said District, hereby certify that I authorise the grant to....................

................................of............................................................ ...........................

of a Moneylender's Licence to carry on business as a moneylender

under the style and title of............................................................ ...............

at............................................................ ..................in said Court Area and

District.

This Certificate expires on the 31st July, 19.............., Application for

Renewal should be lodged not later than the.............................day of July,

19.........

Dated this................day of................................................19...., at the

District Courthouse............................................................ ....................

Signed............................................................ ........................

Justice of the District Court assigned to said District.

No. R.V./213/1924.

No. R.V./213/1924.