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S.I. No. 116/1932 - District Probate Registries (Collection of Fees) Regulations, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 116.

DISTRICT PROBATE REGISTRIES (COLLECTION OF FEES) REGULATIONS, 1932.

WHEREAS it is enacted by Section 3 of the Public Offices Fees Act, 1879, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Minister for Finance may from time to time make regulations for certain purposes respecting fees in any public office and amongst others for the purpose of determining the use of impressed or adhesive stamps, and regulating the use of stamps and prescribing the application thereof to documents from time to time in use, and requiring documents to be used for the purpose of such stamps, and that any such regulations so far as they relate to the office of any court of law shall be made with the consent of the Chief Justice of the Irish Free State:

AND WHEREAS every District Probate Registry is a public office and an office of a court of law within the meaning of the said Act:

AND WHEREAS by virtue of the District Probate Registries (Collection of Fees) Order, 1932, fees payable in the District Probate Registries at Cork, Limerick, Waterford, Kilkenny and Cavan respectively, are to be collected by means of stamps:

NOW, Therefore, the Minister for Finance, with the consent of the Chief Justice of the Irish Free State testified by his signature affixed to these regulations, and in exercise of the powers conferred on him by Section 3 of the Public Offices Fees Acts, 1879, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of any and every other power him in this behalf enabling hereby makes the following regulations, that is to say:—

1. These regulations may be cited for all purposes as the District Probate Registries (Collection of Fees) Regulations, 1932.

2. The Interpretation Act, 1889, applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3. These regulations apply to the District Probate Registries at Cork, Limerick, Waterford, Kilkenny and Cavan, respectively.

4. The stamps to be used in each of the District Probate Registries to which these regulations apply for the collection of the fees payable in any such Registry on an application for probate or letters of administration made in the manner provided by Section 33 of the Customs and Inland Revenue Act, 1881, as amended by any subsequent enactment, shall be impressed stamps denoted by the General Duty Dies in the possession of the Revenue Commissioners and such stamps shall be impressed on the notice in writing prescribed under and required by the said Section 33 to be delivered by the person intending to apply for probate or letters of administration.

5. The stamps to be used in each of the District Probate Registries to which these regulations apply for the collection of the fees payable in any such Registry in any case other than that mentioned in the foregoing paragraph of these regulations shall be adhesive stamps to be provided by the Revenue Commissioners and such stamps shall

(a) in the case of fees payable on a grant of probate or of letters of administration be affixed to the notice of application for such grant, and

(b) in the case of fees payable for a search, or upon the lodging of a caveat, or for a copy of a document, be affixed to the application for such search, or to the caveat lodged, or the copy document issued, as the case may be,

and such stamps shall be cancelled in indelible ink by the District Probate Registrar before making any search, or the lodging of any caveat, or the issuing of any copy document, as the case may be.

6. All regulations heretofore made under Section 3 of the Public Offices Fees Act, 1879, in relation to any District Probate Registry to which these regulations apply and in force immediately before the coming into operation of these regulations shall upon the coming into operation of these regulations cease to have effect in relation to such District Probate Registry.

7. These regulations shall come into operation on the 1st day of January, 1933.

Given under the Official Seal of the Minister for Finance this Twenty-fourth day of December, in the Year One Thousand Nine Hundred and Thirty-two.

(Signed) J. J. McELLIGOTT.

I consent to the foregoing regulations.

AODH UA CINNEIDIGH,

Prímh-Bhreitheamh Shaorstáit Eireann.