S.I. No. 269/1937 - Under-Sheriffs' Fees Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 269.

UNDER-SHERIFFS' FEES ORDER, 1937.

WHEREAS by sub-section (1) of Section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), it is enacted that the Minister for Justice may, with the consent of the Minister for Finance, by order appoint and from time to time revise scales of fees and expenses to be charged by and paid to Under-Sheriffs for their services in or about the execution of execution orders :

AND WHEREAS the Under-Sheriffs' Fees Order, 1926, made on the 29th day of September, 1926, the Under-Sheriffs' Fees Order, 1931 (Statutory Rules and Orders, No. 47 of 1931), the Under-Sheriffs' Fees Order, 1934 (Statutory Rules and Orders, No. 9 of 1934), and the Under-Sheriffs' Fees (No. 2) Order, 1934 (Statutory Rules and Orders, No. 244 of 1934), were made under the said sub-section (1) :

NOW, I, PATRICK J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by sub-section (1) of Section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), and of every and any other power me in this behalf enabling, do hereby order and appoint as follows :—

1.— (1) This order may be cited as the Under-Sheriffs' Fees Order, 1937.

(2) The Under-Sheriffs' Fees Orders, 1926 to 1934, and this Order may be cited together as the Under-Sheriffs' Fees Orders, 1926 to 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In addition to the fees and expenses set forth in the Third Schedule to the Under-Sheriffs' Fees Order, 1926, there shall be chargeable by and payable to Under-Sheriffs for their services in or about the execution of execution orders of the District Court, made in proceedings other than proceedings for the recovery of rates, the following fees and expenses, that is to say :—

(a) a fee of ten shillings for the Court Messenger or Court Messengers for executing an execution order for any amount exceeding £3;

(b) a fee of five shillings for the Court Messenger or Court Messengers for executing an execution, order for any amount which does not exceed £3;

(c) in addition to the fee payable under whichever of the foregoing sub-paragraphs is applicable, mileage at the rate of sixpence per statute mile, one way, if the execution takes place at a distance exceeding five statute miles from the office of the Under-Sheriff by the shortest public road, and such fees and mileage shall be payable by and leviable from the party against whom the Execution Order is directed.

4. The fees for each man properly and necessarily left in possession of goods or chattels, while under seizure under an execution order, prescribed by paragraph 6 of the Third Schedule to the Under-Sheriffs' Fees Order, 1926, shall not be payable in any case unless such man remains in possession for a period exceeding three hours.

Given under my Seal of Office this 6th day of October, 1937.

PATRICK J. RUTTLEDGE,

Minister for Justice.

S. A. ROCHE.

I consent to the foregoing Order.

SEÁN MacENTEE,

Minister for Finance.