S.I. No. 249/1956 -- Circuit Court (Fees) Order, 1956.
1956
249
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S.I. No. 249/1956:
CIRCUIT COURT (FEES) ORDER, 1956.
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CIRCUIT COURT (FEES) ORDER, 1956.
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I, JAMES EVERETT, Minister for Justice, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), with the consent of the Minister for Finance, hereby order as follows :
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1. This Order may be cited as the Circuit Court (Fees) Order, 1956.
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2. This Order shall come into operation on the 1st day of October, 1956.
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3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.
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4.--(1) The fees set out in the second column of the Schedule shall be charged in the Circuit Court Offices in respect of the items set out in the first column.
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(2) The Circuit Court (Fees) Order, 1931 ( S. R. & O. No. 84 of 1931 ), shall cease to have effect.
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5.--(1) The fee in relation to each item shall be taken by means of a stamp affixed to or impressed on the document indicated in the third column of the Schedule.
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(2) The stamp may be an impressed or adhesive stamp, save where the Schedule indicates that an impressed stamp is to be used.
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6. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the officer in the Circuit Court Office who issues or receives the document.
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SCHEDULE.
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FEES PAYABLE IN THE CIRCUIT COURT OFFICES
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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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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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1. On every advertisement
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0
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10
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0
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The request for approval or drafting.
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2. On every affidavit filed
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0
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4
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0
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The affidavit.
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3. On every affidavit sworn before an officer (in addition to No. 2)
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0
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5
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0
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The requisition.
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4. 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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1
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0
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0
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The request for attendance.
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5. On every bond
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0
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5
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0
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The bond.
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6. On every search
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0
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5
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0
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The requisition to search.
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7. On every certificate
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0
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5
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0
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The certificate.
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8. 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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1
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0
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The copies.
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9. For examining a written or printed copy and marking the same as an office copy, per folio of seventy-two words
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0
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0
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6
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The copy certified.
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10. On every indemnity in a civil case
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0
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5
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0
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The filed document.
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11. On every order not hereinafter specifically provided for
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0
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5
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0
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The requisition.
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12. On every recognizance
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0
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5
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0
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The recognizance.
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13. On every witness summons
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0
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5
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0
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The requisition for issue.
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14. On every stamping and unstamped document given in evidence
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2
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0
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0
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The requisition to stamp. (Impressed stamp be used).
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15. On entry of every notice of motion
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0
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5
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0
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The original notice for filing.
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Taxation.
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Note:--A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
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16. On a summons to tax, except on an ex parte taxation
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0
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5
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0
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The summons.
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17. On the taxation of a bill of costs :--for every full £5 in the amount (including witnesses expenses) allowed
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0
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2
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0
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The bill.
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18. On the tissue of a certificate of taxation
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0
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7
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6
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The certificate.
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PART II.
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CIVIL PROCEEDINGS.
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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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1. On the issue of any ordinary civil bill or summons (including Interpleader, Ejectment, Replevin, civil bills 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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1
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0
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0
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The original civil or summons. (Impressed stamped to be used).
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2. On the entry for hearing of any civil bill or summons mentioned at Item 1, or any remitted action, or any appeal from the District Court
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0
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5
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0
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The request for entry.
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3. On the entry of a defence
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0
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5
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0
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The request for entry.
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4. On filing every counterclaim or set-off
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0
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5
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0
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The request for entry.
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5. On every decree, dismiss or judgment by consent or default entered in the office (including stamp on requisition)
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0
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5
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0
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The original decree, dismiss or judgment.
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6. In addition to the fee at 5 above, on every decree, dismiss or judgment 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 £1).
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0
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2
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0
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The original decree, dismiss or judgment.
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PART III.
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PROCEEDINGS ON THE EQUITY SIDE.
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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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1. On the issue of every Equity civil bill 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 the value of the subject matter
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1
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0
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0
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The original civil bill or petition.
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2. On the entry for hearing of a civil bill or petition under Item I
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0
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5
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0
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The request for entry.
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3. On the entry of a defence
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0
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5
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0
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The request for entry.
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4. On every decree or order other than a final order made by the Circuit Judge in any proceeding under Item 1
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0
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10
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0
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The decree or order.
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5. On every final order
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0
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15
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0
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The order.
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6. 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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5
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0
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The order.
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7. On every affidavit lodging money under Trustee Acts (inclusive)
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1
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0
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0
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The affidavit.
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PART IV.
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PROCEEDINGS UNDER THE WORKMEN'S COMPENSATION ACTS.
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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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Note:--In accordance with section 42 of the Workmen's Compensation Act, 1934 , no Court fees are payable under this Schedule by any party in any proceedings by or against a workman under the Workmen's Compensation Acts prior to the order of the Court granting or refusing compensation.
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1. On every order granting or refusing compensation
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0
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5
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0
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The order.
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2. On an application to the Judge at a date subsequent to the award
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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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3. On every order subsequent to the original order
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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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4. On every order for payment of money out of Court
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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 V.
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PROCEEDINGS UNDER THE RENT RESTRICTIONS ACTS AND THE LANDLORD AND TENANT ACTS.
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Item.
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Fee.
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Document to be stamped.
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£ |
s.
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d.
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1. On every application under the Rent Restrictions Acts or the Landlord and Tenant Acts
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1
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0
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0
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The application.
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2. On every order of the Court determining the application
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0
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5
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0
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The order.
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PART VI.
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LICENCES.
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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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1. On every application for a public entertainment licence under section 51 of the Public Health (Amendment) Act, 1890
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3
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0
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0
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The notice.
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2. On the grant of any public entertainment licence
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2
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0
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0
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The licence.
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3. On every application for a declaration as to fitness and convenience of a proposed hotel under section 41 of the Tourist Traffic Act, 1952
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3
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0
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0
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The notice.
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4. On every declaration under section 41 of the Tourist Traffic Act, 1952
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1
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0
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0
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The declaration.
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5. On every application for a certificate for a licence for the sale of intoxicating liquor (other than an application consequent on a declaration under section 41 of the Tourist Traffic Act, 1952 --in which case the fee shall be £1)
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5
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0
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0
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The notice.
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6. On the grant of a certificate for a licence for the sale of intoxicating liquor
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2
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0
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0
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The certificate.
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7. On an application for a certificate in regard to the variation of licensed premises under section 45 of the Tourist Traffic Act, 1952
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1
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0
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0
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The notice.
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8. On the grant of a certificate under section 45 of the Tourist Traffic Act, 1952
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1
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0
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0
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The certificate.
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PART VII.
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PROCEEDINGS UNDER THE REGISTRATION OF TITLE ACTS.
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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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1. On every application
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0
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10
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0
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The notice.
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2. On every affidavit filed
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0
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4
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0
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The affidavit.
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3. On every order of the Court
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0
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10
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0
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The order.
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PART VIII.
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APPEALS UNDER THE VALUATION ACTS.
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Item.
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Fee.
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Document to be stamped.
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£
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s.
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d.
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1. On notice of appeal
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The notice
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(a) Where the existing valuation does not exceed £30
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0
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15
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0
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(b) Where the existing valuation exceeds £30 but does not exceed £60
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1
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0
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0
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(c) Where the existing valuation exceeds £60 but does not exceed £100
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1
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10
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0
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(d) Where the existing valuation exceeds £100
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2
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0
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0
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GIVEN under my Official Seal, this 26th day of September, 1956.
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JAMES EVERETT,
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Minister for Justice.
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I consent to the making of the foregoing Order.
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GIVEN under my Official Seal, this 26th day of September, 1956.
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GERARD SWEETMAN,
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Minister for Finance.
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EXPLANATORY NOTE.
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The effect of this Order is to increase the fees at present authorised to be charged in Circuit Court Offices. The present fees are prescribed in the Circuit Court (Fees) Order, 1931, which will cease to have effect--article 4 (2) of this Order.
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