| |
STATUTORY RULES AND ORDERS. 1927. No. 76.
|
| |
DISTRICT COURT (FEES) ORDER, 1927.
|
| |
WHEREAS by section 57, sub section 1, of the
Court Officers Act, 1926
(No. 27 of 1926) it is enacted that the Minister for Justice may, with the sanction of the Minister for Finance and the concurrence of the committee with whose concurrence or assistance the rules of the court to which the matter relates are made, by order prescribe and from time to time as occasion requires, vary or otherwise revise the fees to be charged in the several offices established by the Act, and may by any such order prescribe, in addition to the amounts of such fees, the persons by whom and the occasions on which such fees are to be paid and the officers by whom and the manner in which such fees are to be collected.
|
| |
And whereas such an Order (hereinafter referred to as " the original Order ") was duly made on the 18th day of September, 1926, under the title of the District Court (Fees) Order, 1926 (Statutory Rules and Orders, 1926, No. 54).
|
| |
And whereas it is expedient to vary and revise in certain respects the fees prescribed in the original Order and also to prescribe fees other than, and in addition to, the fees so prescribed and for that purpose to cancel the original Order and to make a new Order, in lieu thereof.
|
| |
Now I, LIAM T. MAC COSGAIR, Minister for Justice, in exercise of the powers conferred on me by Section 57, sub
section 1
of the
Court Officers Act, 1926
(No. 27 of 1926) and of every and any other power me in this behalf enabling with the sanction of the Minister for Finance and the concurrence duly obtained of the Committee constituted pursuant to the provisions of
section 90
of the
Courts of Justice Act, 1924
(No. 10 of 1924) do hereby order and prescribe as follows:—
|
| |
(1) This Order may be cited for all purposes as the District Court (Fees) Order, 1927, and shall come into operation on the 1st day of October, 1927, and the original Order shall thereupon cease to be operative.
|
| |
(2) The
Interpretation Act, 1923
(No. 46 of 1923) shall apply to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.
|
| |
(3) The fees set out in the second column of the Schedule to this Order shall be charged in the District Court Offices, and shall be payable by persons, other than the members of the Garda Siochana or a person who may be a witness for the prosecution in prosecutions at the suit of the Attorney General of Saorstát Eireann or by the Garda Siochana, in respect of the items set out in the first column of the said Schedule.
|
| |
(4) The following provisions shall apply in respect of the proceedings set out in the first column of the Schedule to this Order, except where such proceedings are brought in the Metropolitan District, being District No. 31 of the Districts into which Saorstát Eireann was divided for the purposes of the District Court by order of the Minister for Justice dated the 16th day of August, 1924 :—
|
| |
(a) The fees to be taken in accordance with the provisions of this Order shall be taken by stamps.
|
| |
(b) The stamps used for denoting the said fees shall be of the character, and be applied or otherwise dealt with in the manner prescribed in the third and fourth columns of the Schedule to this Order.
|
| |
(c) The Justice of the District Court, Peace Commissioner, or the Clerk of the District Court issuing or receiving any document to which an adhesive stamp is attached shall cancel such stamp by signing his name over same.
|
| |
(5) In the Metropolitan District, being District No. 31 of the Districts into which Saorstát Eireann was divided for the purposes of the District Court by order of the Minister for Justice dated the 16th day of August, 1924, the following provisions shall apply in respect of the proceedings set out in the first column of the Schedule :—
|
| |
(a) The fees to be taken in accordance with the provisions of this Order in respect of the items set out in Sections I., III., IV., and V., and of the items set out in Section II. of the Schedule to this Order other than items 1, 2, 3, 4, 5, 9, and 12 shall be taken in cash.
|
| |
(b) The stamps to be used for denoting the fees payable in respect of items 1, 2, 3, 4, 5, 9 and 12, in Section II. of the Schedule to this Order shall be of the character and be applied or otherwise dealt with in the manner prescribed in the third and fourth columns of the said Section II.
|
| |
Given under my Seal of Office this 9th day of September, 1927.
|
| |
LIAM T. MAC COSGAIR,
|
| |
Aire Dli agus Cirt.
|
| |
SCHEDULE OF FEES.
|
| |
SECTION I.—Fees payable in cases of summary jurisdiction and preliminary investigation of indictable offences.
|
| |
SECTION II.—Fees payable in civil proceedings.
|
| |
SECTION III.—Fees payable in licensing matters.
|
| |
SECTION IV.—Fees payable on appeals to the Circuit Court.
|
| |
SECTION V.—Fees payable on case stated.
|
| |
SECTION I.
|
| |
ees payable in cases of Summary Jurisdiction and the preliminary investigation of indictable offences.
|
| | |
Item
|
Fee
|
Document to be stamped
|
Character of stamp
|
|
|
£
|
s.
|
d.
|
|
|
|
1. On the issue of a Summons (whether against one defendant or against several joint defendants).
|
|
2
|
0
|
The original summons
|
Adhesive.
|
|
2. On making an information (other than an information to lead to the committal of a dangerous lunatic, upon which no fee shall be charged).
|
|
2
|
0
|
The original information
|
Adhesive.
|
|
3. On obtaining a copy of an information.
|
|
1
|
0
|
The copy supplied ...
|
Adhesive.
|
|
4. On the issue of an order sending a child to an Industrial School.
|
|
1
|
0
|
The order issued ...
|
Adhesive.
|
|
5. On entering into a recognizance other than a recognizance for attendance at a sitting of the District Court or a recognizance at foot of an information or deposition.
|
|
2
|
6
|
The recognizance ...
|
Adhesive.
|
|
6. On obtaining a certified copy of a conviction, warrant or order under Rule 51 of the District Court Rules.
|
|
2
|
6
|
The copy supplied ...
|
Adhesive.
|
|
| |
SECTION II.
|
| |
Fees payable in Civil proceedings.
|
| | |
Item
|
Fee
|
Document to be stamped
|
Character of stamp
|
|
|
£
|
s.
|
d.
|
|
|
|
1. On the issue of a civil process (other than an ejectment, default, or special default civil process).
|
|
1
|
6
|
The original civil process.
|
Impressed.
|
|
2. On the issue of a default or special default civil process.
|
|
2
|
0
|
The original civil process.
|
Impressed.
|
|
3. On the issue of a civil process in ejectment.
|
|
3
|
0
|
The original civil process.
|
Impressed.
|
|
4. On the issue of a decree or dismiss (other than a decree or dismiss in ejectment).
|
|
1
|
6
|
The original decree or dismiss.
|
Impressed or adhesive.
|
|
5. On the issue of a decree or dismiss in ejectment.
|
|
3
|
0
|
The original decree or dismiss.
|
Impressed or adhesive.
|
|
6. On inspecting and examining the Civil Process Book.
|
|
1
|
0
|
The requisition for inspection.
|
Impressed or adhesive.
|
|
7. On inspecting and examining the Ejectment Book.
|
|
1
|
0
|
The requisition for inspection.
|
Impressed or adhesive.
|
|
8. On the issue of a certificate of payment of rent and costs as provided by Rule 119 of the District Court Rules.
|
|
1
|
0
|
The certificate issued
|
Impressed or adhesive.
|
|
9. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum.
|
|
1
|
0
|
The original summons
|
Impressed or adhesive.
|
|
10. On the issue of a notice of motion.
|
|
2
|
0
|
The original notice of motion.
|
Impressed or adhesive.
|
|
11. On obtaining a copy of the statement of means as provided by Rule 128 of the District Court Rules.
|
|
2
|
0
|
The copy furnished ...
|
Adhesive.
|
|
12. On lodging with the Clerk of the District Court an affidavit grounding an application for an examination order as provided by Rule 124 of the District Court Rules.
|
|
1
|
0
|
The affidavit lodged
|
Adhesive.
|
|
13. On the issue of an examination order.
|
|
1
|
0
|
The original order ...
|
Adhesive.
|
|
14. On the issue of an order for the payment of debt and costs as provided by
Section 17
of the
Enforcement of Court Orders Act, 1926
.
|
|
1
|
0
|
The original order ...
|
Adhesive.
|
|
15. On the issue of a summons for committal in default of payment as provided by Rule 131 of the District Court Rules.
|
|
1
|
0
|
The original summons
|
Adhesive.
|
|
16. On the issue of an order for committal under Section 18, sub
section 1
of the
Enforcement of Court Orders Act, 1926
.
|
|
1
|
0
|
The original order ...
|
Adhesive.
|
|
| |
SECTION III.
|
| |
Fees payable in licensing matters.
|
| | |
Item
|
Fee
|
Document to be stamped
|
Character of stamp
|
|
|
£
|
s.
|
d.
|
|
|
|
1. On obtaining an interim transfer of a licence.
|
|
10
|
0
|
The receipt for the licence duty upon which the endorsement is made.
|
Adhesive.
|
|
2. On the issue of a certificate of transfer of a licence.
|
|
10
|
0
|
The certificate issued ...
|
Adhesive.
|
|
3. On the issue of a certificate of renewal of a licence.
|
|
2
|
6
|
The certificate issued
|
Adhesive.
|
|
4. On the issue of a certificate or refusal as provided by Rule 158 of the District Court Rules.
|
|
2
|
6
|
The certificate issued.
|
Adhesive.
|
|
5. On lodgment with the Clerk of the District Court of a notice of intention to apply for a certificate of transfer of a licence.
|
|
5
|
0
|
The notice of intention lodged.
|
Adhesive.
|
|
6. On the issue of a certificate of registration of a club.
|
2
|
0
|
0
|
The certificate issued ...
|
Adhesive.
|
|
7. On obtaining an exemption Order.
|
|
5
|
0
|
The Order issued ...
|
Adhesive.
|
|
8. On the issue of a certificate for an occasional licence.
|
|
5
|
0
|
The certificate issued
|
Adhesive.
|
|
9. On inspecting the Licensing Register or Clubs Register.
|
|
1
|
0
|
The requisition for inspection.
|
Adhesive.
|
|
10. On the issue of a licence to keep Petroleum or other substances of a like nature (Petroleum Act, 1871 and Acts amending same).
|
|
10
|
0
|
The licence issued ...
|
Adhesive.
|
|
11. Any certificate or licence upon which no other fee is chargeable.
|
|
2
|
6
|
The certificate or licence issued.
|
Adhesive.
|
|
| |
SECTION IV.
|
| |
Fees payable on appeals to the Circuit Court.
|
| | |
Item
|
Fee
|
Document to be stamped
|
Character of stamp
|
|
|
£
|
s.
|
d.
|
|
|
|
1. On lodgment with the Clerk of the District Court of the notice of appeal.
|
|
2
|
6
|
The notice lodged...
|
Adhesive.
|
|
2. On entering into any recognizance.
|
|
2
|
6
|
The recognizance...
|
Adhesive.
|
|
3. On having forwarded by the Clerk of the District Court to the County Registrar the copy of the conviction, certificate of refusal, certified copy of certificate for a licence, warrant or special order.
|
|
2
|
6
|
The document forwarded.
|
Adhesive.
|
|
| |
SECTION V.
|
| |
Fees payable on a case stated.
|
| | |
Item
|
Fee
|
Document to be stamped
|
Character of stamp
|
|
|
£
|
s.
|
d.
|
|
|
|
1. On the delivery of a case stated :
|
|
|
|
|
|
|
(a) where the case does not exceed five folios of 90 words each ;
|
|
10
|
0
|
|
|
|
(b) where the case exceeds five folios then for every additional folio.
|
|
1
|
0
|
The original case stated
|
Adhesive.
|
|
2. On entering into a recognizance.
|
|
5
|
0
|
The recognizance...
|
Adhesive.
|
|
3. On the issue of a certificate of refusal of a case stated.
|
|
5
|
0
|
The certificate issued ...
|
Adhesive.
|
|
