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Order XXXIX.
Inferior Courts Judgments Extension Act, 1882.
1. Where, under section 3 of the Inferior Courts Judgments Extension Act, 1882,<r1> application is made for the grant of a certificate of a decree or dismiss, a fee of two shillings and six-pence shall be paid, and proof that the decree or dismiss has not been satisfied and of the amount remaining unsatisfied shall be given to the satisfaction of the Clerk of the Peace, by affidavit, if required.
2. If the decree is for payment within a period therein mentioned or by instalments, and such period shall not have expired or default shall not have been made in payment of some instalment, the certificate shall not be granted.
3. The names and addresses of the parties shall be set forth in the certificate as the same appear in the decree or dismiss, and the party applying for a certificate shall produce to the Clerk of the Peace either the original decree or dismiss or a duplicate thereof.
4. The Clerk of the Peace shall endorse on the certificate the number of the Civil Bill, the sessions at which the same was entered, and the amount remaining due on the decree or dis- miss, according to the books of the Court, and, after his signature, shall add to the certificate the date on which it is granted.
5. Where a certificate of a decree or dismiss is granted by a Clerk of the Peace he shall make on the minute of the decree or dismiss a memorandum of having granted such certificate, and thenceforth no further proceeding shall be taken or had upon such decree or dismiss in such Court, until the Court, or Clerk of the Peace, upon being satisfied by affidavit that the execution issued in the Court in which the certificate was registered was unproductive, shall order that the decree or dismiss may be acted on as if such certificate had not been granted.
6. There shall be allowed to a solicitor for the costs of obtaining the certificate five shillings, and where an affidavit is required, seven shillings.
7. The costs allowed, with the addition of the fee of two shillings and sixpence to be paid for the granting of the certificate, shall be endorsed on the certificate by the officer granting the same; which endorsement shall be an authority for the proper officer of the Court in which the certificate is registered to add the said costs and fee to the amount to be recovered by execution against the goods and chattels of the person against whom the decree or dismiss shall have been obtained.
- 45 & 46 Vict. c. 31.