S.I. No. 458/1941 - Neutrality (War Damage To Property) Act, 1941 (Compensation For Documents) Order, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 458.

NEUTRALITY (WAR DAMAGE TO PROPERTY) ACT, 1941 (COMPENSATION FOR DOCUMENTS) ORDER, 1941.

WHEREAS it is enacted by section 8 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941), that the amount of compensation under that Act in respect of injury to the following documents shall be fixed in accordance with a scale to be prepared in that behalf by the Minister for Finance after consultation with the Attorney-General and the President of the Incorporated Law Society of Ireland, that is to say :—

(i) muniments of title to land or other property,

(ii) contracts and agreements in writing,

(iii) debentures,

(iv) stock and share certificates and other documents of title to any stock or share,

(v) policies of insurance,

(vi) wills, probates, and letters of administration and official copies thereof,

(vii) official copies of Court orders, affidavits, and other documents relating to legal proceedings :

AND WHEREAS the Minister for Finance, before preparing the scale set forth in the Schedule hereto, consulted the Attorney-General and the President of the Incorporated Law Society of Ireland in regard thereto :

NOW, the Minister for Finance, in exercise of the power in this behalf vested in him by section 8 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941), and of every and any other power him in this behalf enabling, hereby orders as follows :—

1. This Order may be cited as the Neutrality (War Damage to Property) Act, 1941 (Compensation for Documents) Order, 1941.

2. The scale set forth in the Schedule hereto shall be the scale referred to in section 8 of the Neutrality (War Damage to Property) Act, 1941 (No. 24 of 1941), as the scale in accordance with which compensation in respect of injury to the documents mentioned in that section is to be fixed.

SCHEDULE.

PART I.

COMPENSATION IN RESPECT OF DOCUMENTS TOTALLY DESTROYED.

1.	Replacing destroyed deeds (including leases)—
		£	s.	d.
	one deed (whether the original or a copy)	2	2	0
	every other deed (whether the original or a copy) relating to the same property belonging to the same person		10	6
	In addition to the above charges, there shall be allowed any necessary outlay in respect of scrivenery charges, stamp duties, and the usual attendance fee of ten shillings; such scrivenery charges shall not exceed sixpence per folio of seventy-two words for copies and one shilling per like folio for originals, both those charges being inclusive of the fifty per cent. increase mentioned in paragraph 13 hereof.
2.	Memorial of deed or copy of Landed Estates Court or Land Judge's Conveyance		13	4
	In addition there shall be allowed all necessary Registry of Deeds fees.
	In lieu of the above items, registration of the title in the Land Registry (where such registration is bona fide necessary)	8	8	0
	This charge to be payable only on production of the relevant Land Certificate.
4.	Obtaining order for liberty to issue duplicate Land Certificate and obtaining such duplicate	3	3	0
5.	Replacing a contract or agreement in writing (whether the original or a copy)		10	6
6.	Obtaining a new debenture or a series of new debentures of the same company and owned by the same person	1	1	0

		£	s.	d.
7.	Obtaining a new stock or share certificate or other document of title to any stock (including debenture stock) or shares	1	1	0
	The charge at items 6 and 7 shall not include fees or charges payable to the company or corporation which issued the stock or shares or (where advertisements or guarantees are required) the costs of such advertisements or the expenses of obtaining such guarantees.
8.	Obtaining a policy of insurance in substitution for a destroyed policy	2	2	0
9.	Remaking a will to replace a destroyed will or, where the testator is dead, obtaining evidence of the contents of a destroyed will	2	2	0
10.	Procuring an official copy of the probate of a will or of letters of administration		13	4
	In addition there shall be allowed the sum payable in the Court Office or the Record Office for the copy.
11.	Obtaining an official copy of a Court order, affidavit, or other document relating to legal proceedings		10	6
	In addition there shall be allowed the sum payable in the Court Office for the copy.

PART II.

COMPENSATION IN RESPECT OF DOCUMENTS PARTIALLY DESTROYED.

12. Such sum (not exceeding the amount which would be allowable under Part I of this Schedule if the document had been totally destroyed) as shall appear to the Minister for Finance or the Court (as the case may be) to be fair and reasonable having regard to the extent and nature of the injury to the document, the work and expense involved in such replacement as appears to the said Minister or the Court (as the case may be) to be necessary, and the sums allowable under Part I of this Schedule.

PART III.

GENERAL.

13. The increase of fifty per cent. authorised by the General Order under the Solicitors' Remuneration Act, 1881, dated the 17th day of May, 1920, shall be applicable to the sums allowable under the foregoing Parts of this Schedule save where otherwise stated in Part I of this Schedule.

14. In this Schedule the word " destroyed " includes loss or disappearance.

J. J. McELLIGOTT.

Given under the Official Seal of the Minister for Finance this tenth day of October, 1941.