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STATUTORY RULES AND ORDERS. 1931. No. 84.
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CIRCUIT COURT (FEES) ORDER, 1931.
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WHEREAS by Section 57, sub-section (1) of the
Court Officers Act, 1926
(No. 27 of 1926), it is enacted that the Minister for Justice may, with the sanction of the Minister for Finance and the concurrence of the Committee, with whose concurrence or assistance the rules of the court to which the matter relates are made, by Order prescribe and from time to time as occasion requires vary or otherwise revise the fees to be charged in the several offices established by the Act, and may by any such Order prescribe, in addition to the amounts of such fees, the persons by whom and the occasions on which such fees are to be paid, and the officers by whom and the manner in which such fees are to be collected:
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NOW, I, JAMES FITZGERALD-KENNEY, Minister for Justice, having duly obtained the sanction of the Minister for Finance and the concurrence of the Committee with whose concurrence the rules of the court to which this Order relates are made, by virtue of the powers conferred upon me by Section 57, sub-section (1), of the
Court Officers Act, 1926
(No. 27 of 1926), and of all other powers enabling me in this behalf, do hereby Order and prescribe—
1. The fees to be taken in each Circuit Court Office shall be those set out in the Schedule to this Order.
2. The fees prescribed by this Order shall be in lieu of the fees formerly payable in the County Court and now payable in the Circuit Court, and the latter fees shall cease to be payable so soon as this Order comes into operation, provided that nothing in this Order shall affect the fees now payable in any Circuit Court Office in respect of business other than the business of the Circuit Court.
3. The fees to be taken in accordance with the provisions of this Order shall be taken by means of Circuit Court stamps, which may, in general, be either adhesive or impressed, but after the 1st June, 1932, impressed stamps only shall be used in respect of every item marked in the Schedule with the letter (I).
4. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the proper officer in manner following, that is to say: every such stamp shall be cancelled in indelible ink by a hand stamp bearing the word "cancelled," and the date of cancelling.
5. This Order may be cited as the Circuit Court (Fees) Order, 1931, and shall come into operation on the 1st day of January, 1932.
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Given under my Seal of Office this 16th day of December, 1931.
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(Signed) JAMES FITZGERALD-KENNEY,
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Aire Dli agus Cirt.
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SCHEDULE REFERRED TO IN THE FOREGOING ORDER
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PART I.
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FEES OF GENERAL APPLICATION
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(unless the contrary be hereinafter provided).
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932, impressed stamps only may be used
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£
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s.
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d.
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1
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On every acknowledgment by a Married Woman.
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0
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5
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0
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The acknowledgment
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2
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On every Advertisement ..
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0
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2
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6
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The request for approval or drafting.
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3
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On every Affidavit filed..
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0
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1
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6
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The filed Affidavit
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4
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On every Affidavit sworn before an officer (in addition to No. 3).
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0
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2
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6
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The requisition.
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5
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On every Attendance of an Officer to produce Records for each day or part thereof (in addition to the officer's expenses).
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0
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10
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0
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The request for attendance.
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6
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On every Bond.. ..
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0
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2
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6
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The Bond.
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7
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On every Certificate (inclusive of Search, if any).
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0
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2
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6
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The Certificate.
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8
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On every Copy of any document supplied by the Office, for each folio of seventy-two words.
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0
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0
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4
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The document copies.
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9
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For examining a written or printed copy and marking the same as an Office copy, per folio of 72 words.
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0
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0
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2
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The copy certified.
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(When the fee calculated according to items 8 or 9 is not an exact multiple of 6d. it shall be increased to the next exact multiple).
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10
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On every indemnity in a Civil Case.
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0
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2
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0
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The filed document
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11
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On every Order not hereinafter specifically provided for.
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0
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1
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6
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The requisition.
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12
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On every Recognizance.
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0
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2
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6
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The recognizance.
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13
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On every witness Summons.
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0
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2
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6
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The requisition for issue.
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14
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On every Taxation of Costs under Order 40, Rule 28, on the first £10 or fraction thereof allowed.
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0
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5
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0
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The Certificate of Taxation.
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On every full £5 allowed in excess of the first £10.
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0
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1
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0
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15
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On every Search .. ..
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0
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2
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6
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The requisition to search.
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16
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On every stamping and unstamped document given in evidence.
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1
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0
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0
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The requisition to stamp.
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PART II.
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CIVIL ACTIONS.
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932, impressed stamps only may be used
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£
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s.
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d.
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1
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On the issue of any ordinary Civil Process (including Ejectment, Replevin, Processes in relation to the grant or revocation of Probate or Letters of Administration, and Criminal Injury Applications) irrespective of the amount involved.
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0
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2
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6
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The original Civil Process for filing.
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2
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On the entry for hearing of any Process mentioned at Item I, or any remitted action or any Appeal from the District Court.
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0
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2
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0
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The request for entry.
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3
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On the entry of a Defence
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0
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2
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0
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do.
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4
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On filing every counter-claim or set-off.
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0
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2
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0
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do.
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5
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On every Decree or Dismiss
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0
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2
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6
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The original Decree or Dismiss.
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6
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In addition to the fee at 5 above, on every Decree or Dismiss in respect of a sum of money exceeding £50, for every full £25 in excess of the first £50. (But the additional fee chargeable under this item shall not in any case exceed 5/-).
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0
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1
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0
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do
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PART III.
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PROCEEDINGS ON THE EQUITY SIDE.
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932, impressed stamps only may be used
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£
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s.
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d.
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1
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On the issue of every Equity Civil Process or every Petition under the Trustee Acts or in relation to the maintenance, etc., of the Property of an Infant or Person of Unsound Mind, irrespective of the amount claimed or of the value of the subject matter.
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0
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2
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6
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The original Process or Petition for filing.
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2
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On the entry for hearing of a Civil Bill or Petition under Item I.
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0
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2
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0
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The request for entry.
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3
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On the entry of a Defence
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0
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2
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0
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do.
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4
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On every Decree made by the Circuit Judge in any proceeding under Item I.
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0
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5
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0
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The original Decree or Order.
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5
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On every Final Order, and in addition to the fee specified in Item 4 hereof.
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0
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5
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0
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do.
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6
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On every Ex-parte or Interlocutory Order (including all Orders for payment of money out of Court).
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0
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2
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0
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The original Order.
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7
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On every Affidavit lodging money under Trustee Acts (inclusive).
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0
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10
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0
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The Affidavit filed.
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PART IV.
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PROCEEDINGS UNDER THE WORKMEN'S COMPENSATION ACT 1906.
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932. impressed stamps only may be used
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£.
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s.
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d.
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NOTE.—No Court fees shall be payable under this Schedule by any party in respect of any proceedings by or against a workman under the Workmen's Compensation Act, 1906, or the Workmen's Compensation Rules, in the Circuit Court prior to the award.
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1
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On every application for a reference to a Medical Referee.
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0
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5
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0
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The application.
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2
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On a reference to a Medical Referee.
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0
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5
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0
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3.
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On an application for the variation of an Order under Schedule 1, par. 9.
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0
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2
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6
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do.
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4
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On an application to the Judge at a date subsequent to the award.
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0
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2
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6
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do.
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PART V.
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PROCEEDINGS UNDER THE INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS ACTS)
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932. impressed stamps only may be used
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£
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s.
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d.
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1
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On every application by a Mortgagor to call in and enforce a mortgage.
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0
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10
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0
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The filed application.
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2
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On every other originating application.
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0
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5
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0
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do.
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3
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On every duplicate Order under Rule 19 of the Rules made on the 17th July, 1923.
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0
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3
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0
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The Order.
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PART VI.
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LABOURERS (IRELAND) ACT, 1906.
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932, impressed stamps only may be used
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£
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s.
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d.
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1
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On every Petition to the Circuit Court under Section 6 (2).
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0
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2
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6
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The filed Petition.
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2
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On the Order of the Court confirming, amending or disallowing same.
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0
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2
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6
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The Order.
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PART VII.
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LICENCES.
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No.
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ITEM
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Amount of Fee
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Document to be stamped
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I. denotes that after 1st June, 1932, impressed stamps only may be used
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£
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s.
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d.
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1
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On every application for a Licence for Music or Dancing, or for the sale of Intoxicating Liquor or for a Private Asylum.
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0
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10
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0
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The notice of application.
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2
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On the granting of any Licence or Certificate under Item 1.
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1
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0
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0
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The licence or Certificate issued by the Court.
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