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A
JUNE, 1922]
The Gazette of the Incorporated Law Society of Ireland.
11
of Judicature in Ireland and the judges and
officers thereof:
And whereas the provisions of section one
of the Rules Publication Act, 1893, have been
complied with :
Now, therefore, His Majesty is pleased, by
and with the advice of His Privy Council,
to order, and it is hereby ordered,
as
follows :—
1.—(1) This Order may be cited as the
Government of Ireland (Resealing of Pro
bates, &c.) Order, 1922.
(2) In
this Order unless
the context
otherwise requires,
The expression " the Act of 1857"
means the Probate and Letters of Adminis
tration Act (Ireland) 1857, including any
enactments,
rules and
regulations by
which
that Act has been
extended,
amended or applied.
The expression " the Act of 1858 " means
the Confirmation of Executors (Scotland)
Act,
1858,
including any enactments,
rules and regulations by which that Act
has been extended, amended or applied.
2.—(1) Section ninety-four of the Act of
1857 shall extend and apply to the resealing in
Southern Ireland of Probates and Letters of
Administration granted in Northern Ireland,
and to the resealing in Northern Ireland of
Probates and Letters of Administration
granted in Southern Ireland, in like manner
as it applies to the resealing in Ireland of
Probates and Letters of Administration
granted in England.
(2) References in the Act of 1857 or in the
Act of 1858 to Ireland shall be construed as
references to Southern Ireland or Northern
Ireland as the case may be.
3.—(1) Where in pursuance of the pro
visions of section ninety-four or ninety-five
of the Act of 1857, or of Article 2 of this
Order, Probate or Letters of Administration
granted by the Court in Northern Ireland
are deposited for the purpose of being resealed
under
those provisions
in England or
Southern Ireland, or Probate or Letters of
Administration granted by
the court in
England or Southern Ireland are deposited
for the purpose of being resealed under those
provisions in Northern Ireland, then in lieu
of a certificate showing that estate duty has
been paid on the issue of the original grant
in respect of the assets situate in the country
in which the grant is to be resealed there
shall be delivered to the authority charged
with resealing, together with the grant to be
resealed, an affidavit accounting for
the
estate duty, or duty in the nature of estate
duty (if any) in respect of the assets situate
within
the
jurisdiction of
the
resealing
authority in like manner as upon an applica
tion for an original grant of representation
to such authority.
(2) Where in pursuance of section thirteen
of the Act of 1858 Scottish confirmation is
produced for the purpose of being sealed
in Northern Ireland, then before the con
firmation is so sealed an affidavit shall be
filed and the Northern Irish estate duty, or
duty in the nature of estate duty (if any)
payable in respect of the assets situate in
Northern Ireland shall be paid in the same
manner as if an application was being made
for an original grant.
(3) Where in pursuance of section fourteen
of the Act of 1858 a Northern Ireland grant
of representation is produced for the purpose
of being certified in Scotland, then before
the grant is so certified an inventory shall be
filed and British estate duty (if any) payable
in respect of the assets situate in Scotland
shall be paid in the same manner as if an
original application was being made for
confirmation.
(4) Notwithstanding
the provisions
of
section forty-eight of the Finance (No 2)
Act, 1915, grants of representation by any
court in Great Britain or Southern Ireland
shall not have effect with respect to Govern
ment stock in Northern Ireland, and grants
of representation in Northern Ireland shall not
have effect with respect to Government stock
outside Northern Ireland, unless sealed or
certified in the country where the stock is
situate, in accordance with the provisions
of the Acts of 1857 and 1858 as modified by
this article.
(5) This article does not apply where the
person in respect of whom representation is
granted died before the twenty-second day
of November nineteen hundred and twenty-
one.
Almeric FitzRoy.