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S.I. No. 51/1928 - Registration of Chattel Mortgages (Collection of Fees) Regulations, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 51.

REGISTRATION OF CHATTEL MORTGAGES (COLLECTION OF FEES) REGULATIONS, 1928.

WHEREAS it is enacted by Section 3 of the Public Offices Fees Act, 1879, as adapted by and under the Adaptation of Enactments Act, 1922 (No. 2 of 1928 8), 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 the mode of cancellation of adhesive stamps and for the purpose of 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 regulations so made, 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 a Circuit Court Office is a public office, and the office of a court of law within the meaning of the said Public Offices Fees Act, 1879:

AND WHEREAS by an order entitled the Registration of Chattel Mortgages (Collection of Fees) Order, 1928, made by the Minister for Finance under Section 2 of the said Public Fees Act, 1879, it was ordered that the Fees hereinafter mentioned be collected by means of stamps, that is to say, the fees to be charged and taken in a Circuit Court Office (in pursuance of regulations made by the Minister for Justice under sub-section (8) of Section 25 of the Agricultural Credit Act, 1927 (No. 24 of 1927)) in respect of the registration of chattel mortgages in a register of chattel mortgages set up in such Circuit Court Office under the said section 25 of the said Act, and in respect of the removal of chattel mortgages from such register, and in respect of the inspection of such register and any other matters relating to such register.

NOW, THEREFORE, THE MINISTER FOR FINANCE, with the consent of the Chief Justice of the Irish Free State, in exercise of the powers conferred on him by Section 3 of the Public Offices Fees Act, 1879, as adapted by and under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power him in this behalf enabling, hereby makes the following regulations, that is to say:—

1. These regulations may be cited as the Registration of Chattel Mortgages (Collection of Fees) Regulations, 1928.

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. The stamps to be used in every Circuit Court Office for the collection of the fees to be charged and taken therein (in pursuance of regulations made by the Minister for Justice under sub-section (8) of Section 25 of the Agricultural Credit Act, 1927 (No. 24 of 1927)) in respect of the registration of chattel mortgages in a register of chattel mortgages set up in such Circuit Court Office under the said Section 25 of the said Act, and in respect of the removal of such chattel mortgages from such register, and in respect of the inspection of such register and the taking of a copy of any part thereof, shall be adhesive Circuit Court Stamps.

4. For the purpose of collection of the fees hereinbefore referred to it is hereby required that every application made to a Circuit Court Office for the registration of a chattel mortgage in the register of chattel mortgages set up as aforesaid in such Office, and every application for the removal of a chattel mortgage registered in such register, and also every application to inspect such register or to take a copy of any part thereof, shall be in writing.

5. There shall be affixed to every such application as aforesaid on receipt thereof in a Circuit Court Office adhesive Circuit Court stamps of the appropriate value, having regard to the fees required by regulations made as aforesaid by the Minister for Justice, to be charged and taken in such Office in respect of the transaction to which such application relates, and every such stamp shall be cancelled by the proper officer in the following manner, that is to say, in indelible ink by a hand stamp bearing the word "cancelled," and the date of such cancellation.

Given under the Official Seal of the Minister for Finance, this Thirtieth day of July, in the year One Thousand nine hundred and twenty-eight.

J. J. McELLIGOTT.

I consent to the foregoing Regulations.

TIMOTHY SULLIVAN,

President of the High Court of Justice of the Irish Free State.*

*The Chief Justice was through absence from the Irish Free State unable to transact the business of his office ( Courts of Justice Act, 1928 —Section 2).