S.I. No. 1/1958 - Sheriffs' Fees Order, 1958.

S.I. No. 1 of 1958.

SHERIFFS' FEES ORDER, 1958.

I, OSCAR TRAYNOR, Minister for Justice, in exercise of the powers conferred on me by subsection (1) of section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), and by virtue of the operation of section 54 of the Court Officers Act, 1926 (No. 27 of 1926), and section 12 of the Court Officers Act, 1945 (No. 25 of 1945), and with the consent of the Minister for Finance, hereby order as follows :—

1.— (1) This Order may be cited as the Sheriffs' Fees Order, 1958.

(2) The Under-Sheriffs' Fees Orders, 1926 to 1937, and this Order may be cited together as the Sheriffs' Fees Orders, 1926 to 1958.

2. This Order shall come into operation on the 7th day of January, 1958.

3.—(1) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

(2) In this Order " the Order of 1926 " means the Under-Sheriffs' Fees Order, 1926.

(3) References in this Order to the sheriff shall include references to the county registrar and references in the Under-Sheriffs' Fees Orders, 1926 to 1937, to the under-sheriff shall include references to the sheriff and the county registrar.

4. Where—

(a) a sheriff or his court messenger arrives at the residence of any party or at the place of seizure of the property of any party for the purpose of seizing and removing the property, and

(b) after entry into possession of the property but before the removal thereof, the party against whom the execution order is directed or some person on his behalf tenders to the sheriff or his court messenger the amount due on foot of the execution order together with the appropriate lodgment, notice, execution and mileage fees payable in respect of such seizure,

the party against whom the execution order is directed shall pay the poundage fee on the amount due on foot of the execution order together with the cost incidental to the bringing of any conveyance or conveyances necessary for the purpose of the removal of the property and, in default of so paying, the sheriff or court messenger shall be entitled to refuse the amount tendered and to proceed to remove the property seized with a view to the realisation of the amount due under the execution order together with all fees and expenses occasioned by the seizure, including the cost of such removal.

5. Where—

(a) a sheriff or his court messenger arrives at the residence of any party or at the place of seizure of the property of any party for the purpose of seizing and removing the property,

(b) after entry into possession of the property but before the removal thereof, the party against whom the execution order is directed, or some person on his behalf, undertakes to pay to the sheriff or his court messenger the amount due on foot of the execution order, whether by instalments or otherwise, together with the appropriate lodgment, notice, execution and mileage fees payable in respect of such seizure, and

(c) the sheriff or his court messenger accepts the undertaking and does not proceed with the removal of the property,

the party against whom the execution order is directed shall be liable to pay the poundage fee on the amount of the payment or, where there is more than one payment, on the amount of each payment on foot of the execution order together with the cost incidental to the bringing of any conveyance or conveyances necessary for the purpose of the removal of the property.

6. Where, as respects services in or about the execution of execution orders, the execution fee specified at item number 3 or item number 4 in the First Schedule, item number 3 or item number 4 in the Second Schedule or item number 3 in the Third Schedule, respectively, to the Order of 1926, is chargeable by and payable to a sheriff—

(a) there shall also be chargeable by and payable to him a mileage fee at the rate of one shilling and sixpence per statute mile, one way, if the execution takes place at a distance exceeding five statute miles from the office of the sheriff by the nearest public road, and

(b) the mileage fee shall be payable by the party seeking execution but shall be leviable from the party against whom the execution order is directed and shall be repayable by the sheriff on, but only on, recovery from the latter party.

7. In every case where the execution of an execution order directing the execution of an order of the Court by putting a person in possession of lands or premises for non-payment of rent or for any other reason is stayed or withdrawn by the party entitled to execution or some one on his behalf after the delivery of the execution order to the sheriff but before execution, the sheriff shall be entitled to be paid by the person demanding execution the cost and expenses properly incurred by him for the purposes of executing such execution order (not exceeding what is provided for in the Sheriffs' Fees Orders, 1926 to 1958).

8. The scales of fees and expenses appointed by the Order of 1926 are hereby revised as follows :—

(a) in item number 3 in the First Schedule, item number 3 in the Second Schedule and item number 3 in the Third Schedule " one shilling and sixpence " shall be deleted and " two shillings substituted therefor,

(b) in item number 5 in the First Schedule and item number 5 in the Second Schedule " sixpence " shall be deleted and " one shilling and sixpence " shall be substituted therefor, and,

(c) item number 7 and item number 12 in the First Schedule, item number 7 and item number 12 in the Second Schedule and item number 5 and item number 10 in the Third Schedule shall be deleted.

9. In Article 4 of the Under-Sheriffs' Fees Order, 1934 ( S. R. & O. No. 9 of 1934 ), " four shillings " shall be substituted for " one shilling".

10. In paragraph (b) of Article 4 of the Under-Sheriffs' Fees (No. 2) Order, 1934 ( S. R. & O. No. 244 of 1934 ), " one shilling and sixpence " shall be substituted for " sixpence".

11. In paragraph (c) of Article 3 of the Under-Sheriffs' Fees Order, 1937 ( S. R. & O. No. 269 of 1937 ), " one shilling and sixpence " shall be substituted for " sixpence".

GIVEN under my Official Seal, this 3rd day of January, 1958.

OSCAR TRAYNOR.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 3rd day of January, 1958.

SÉAMAS Ó RIAIN.

EXPLANATORY NOTE

This Instrument provides, firstly, for an increase in the mileage fee chargeable by sheriffs and county registrars in the execution of court orders. The increase is from 6d. to 1s. 6d. per mile, one way, and the application of this fee is being extended to cover ejectment and recovery of specific property cases, where no mileage has hitherto been charged. Secondly, the fee for a letter or notice required by law to be issued by a sheriff or county registrar before executing an execution order is being increased from 1s. to 4s. Finally, the law in relation to the sheriff's or county registrar's right to poundage is, for the purpose of clarification, set out in provisions which are merely declaratory of the existing law.