S.I. No. 53/1926 -- Court Fees (Supreme Court and High Court) Order, 1926.

S.I. No. 53/1926 -- Court Fees (Supreme Court and High Court) Order, 1926. 1926 53

No. 53/1926:

COURT FEES (SUPREME COURT AND HIGH COURT) ORDER, 1926.

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 that 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;

NOW I, Caoimhghin O h-Uigin, Minister for Justice, having duly obtained the sanction of the Minister for Finance and the concurrence of the Committee with whose concurrence the rules of the courts to which this Order relates are made by virtue of the powers conferred upon me by Section 57, sub-section (1) of the Court Officers Act, 1926 (No. 27 of 1926) and of all other powers enabling me in this behalf do hereby order and prescribe—

1. The fees and percentages set out in the second column of the Schedule to this Order shall be taken in the Office of the Registrar of the Supreme Court, the Office of the Registrar to the Chief Justice, and in all offices attached to the High Court in respect of the items set out in the first column of the same Schedule.

2. This Order shall be assumed to be an Order amending the existing fees and percentages, but save where amended by this Order, the existing fees and percentages shall remain in force.

3. The fees to be taken in accordance with the provisions of this Order shall be taken by stamps.

4. The procedure and practice in force prior to the 21st day of April, 1922, with reference to denoting court fees by impressed stamps in any Division of the late Supreme Court of Judicature shall apply in a similar or analogous manner to the fees prescribed by this Order and the Order dated 21st April, 1922, authorising the use of adhesive stamps is hereby annulled.

5. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the proper officer in manner following, that is to say, every such stamp shall be cancelled in indelible ink by a hand stamp bearing the word "cancelled" and the date of cancelling.

6. This Order may be cited as the Court Fees (Supreme Court and High Court) Order 1926, and shall come into operation on the 1st day of October, 1926.

Given under my Seal of Office this 21st day of September, 1926.

Signed,

C. O hUIGIN,

Aire Dlí agus Cirt.

SCHEDULE.

Item	Fee			Document to be Stamped
1. On Sealing a Plenary Summons for the commencement of proceedings and filing a copy .. .. .. .. ..	£ 0	s. 10	d. 0	The filed copy.
2. On sealing a Summary Summons and filing a copy thereof .. .. .. ..	0	7	6	The filed copy.
3. On issuing any other Summons .. ..	0	2	0	The filed copy
4. On any Originating Ex parte Application (excepting Habeas Corpus) in addition to fee on filing affidavit .. .. ..	0	2	6	The affidavit filed in support of application.
5. On filing any Notice of Motion .. ..	0	2	0	The filed notice.
6. On filing a Notice of Appeal from the Master	0	2	6	The Notice of Appeal.
7. (a) On filing a Notice of Motion from the Circuit Court to the High Court and setting the Appeal down for hearing ..	0	10	0	The Notice of Appeal.
(b) For copy of Official Stenographer's report per folio	0	0	4	The copy.
8. On filing a Notice of any Appeal to the Supreme Court and setting the Appeal down for hearing .. .. .. ..	0	10	0	The Notice of Appeal.
9. On drawing up and entering—
(a) any Order made under Order XXIII .. .. .. .. ..	0	2	6	The Order.
(b) any Order of the Master or Interlocutory Order of any Court or Judge	0	5	0	The Order.
(c) any final Order of any Court or Judge	0	10	0	The Order.
10. On filing any recognisance or bond in Central Office and giving Certificate thereof .. .. .. .. ..	0	2	6	The filed document
11. On filing any affidavit .. .. ..	0	2	6	The filed affidavit.
12. For making an office copy of any document per folio of 72 words .. .. ..	0	0	6	The Office Copy
13. For examining a written or printed copy of any document and marking the same as an office copy, per folio of 72 words ..	0	0	2	The Office Copy.
14. On entering an appearance .. .. ..	0	2	0	The Memorandum.
15. On filing any pleading .. .. ..	0	2	0	The Pleading.
16. On Registration of Judgment of—
(a) the Circuit Court .. .. ..	0	2	6
(b) the High Court. .. .. ..	0	5	0	The Memorandum.
17. On a sale under an Order of the Court other than in Bankruptcy of :—
(a) any lands or hereditaments or
(b) any business (including the goodwill thereof) or
(c) any chattels—
confirmed or approved by order or certificate—for every £100 of the price .. .. .. .. ..	0	2	0	The Order or Certificate.
For the purpose of calculating the amount of this fee any sum payable out of the price to a Mortgagee or other person entitled to a charge estate, or interest on or in the property sold, who though consenting to or concurring in the sale is not a party to or bound by the proceedings is to be deducted from the price.	£	s.	d.
If for any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but in no case is any of the fee paid on the abortive sale to be repaid.
18. On taking an account of moneys received by a person liable to account for same:—
for every £100 of the amount received,
but not exceeding £10 .. .. ..	0	2	0	The Certificate.
19. On taking an account of moneys due to any person :—
for every £100 of the amount found due	0	2	0	The Certificate.
Note:—In a debenture holder's action this fee is not payable.
20. On an Inquiry to ascertain the person or persons interested in any property:—
for every £100 of the value of the property .. .. .. .. ..	0	2	0	The Certificate.
21. On ascertaining pursuant to an order:—
(a) the real or outstanding or undisposed of personal estate of a deceased person, or
(b) any property subject to a trust, or a mortgage or charge
(c) any partnership assets—
for every £100 of the amount or value thereof .. .. .. ..	0	2	0	The Certificate.
The amount on which this fee is payable shall not include:—
any outstanding debts believed to be bad or irrecoverable;
but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested.
Note:—Only one of the fees at No. 18 to 21 inclusive shall be chargeable in respect of any particular property or moneys.
22. On settling a scheme:—
(a) for the management of a charity or
(b) where the amount involved does not exceed £1,000 .. .. .. ..	2	0	0	The Certificate or Order.
23. On settling any other scheme .. ..	5	0	0
24. On signing, settling, or approving an advertisement .. .. .. .. ..	0	10	0
FEES PAYABLE IN THE TAXING OFFICE.
On obtaining summons to tax costs	0	2	0	The summons.
On the taxation of a bill of costs and certifying the amount thereof:—
(a) where the amount allowed does not exceed £10 .. .. .. ..	0	1	0	The bill.
(b) where the amount allowed exceeds £10 for every £5 or fraction thereof allowed .. .. .. .. ..	0	0	6	The bill.
Note:—The Taxing Master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bills were allowed by the Taxing Master at the full amount thereof, including in cases under the Solicitors Act, 1849, the fee payable in respect of the cash account.

FEES PAYABLE IN THE ACCOUNTANT'S OFFICE.
Item	Fee			Document to be Stamped
Upon the Accountant's drafts or transfers exceeding £100, on every £100 or fractional part of £100, ad valorem .. .. ..	£ 0.	s. 1	d. 0	The draft
but not to exceed £5.
On a certificate of the amount and description of any money, funds or securities .. ..	0	1	0
On a transcript of an account (per folio) ..	0	0	6
On a request to the Accountant, Bank of Ireland, (unless otherwise provided), for any of the following purposes:—paying, lodging, transferring or depositing money, funds, or securities in Court, without an order, or money in addition to the amount directed by an order to be paid in; paying out of Court any money without an order or a certificate of a taxing officer; information in writing in respect of any money, funds or securities or any transaction in the Pay Office .. ..	0	1	0	The request.
On lodgment in Court under the Trustee Act, 1893, and S.C. Rules (1905), Order 62, R.35 ..	0	5	0	The office copy of Schedule.
On lodging a Power of Attorney .. ..	0	2	6	The Power of Attorney.
On a request for a certificate of the lodgment of any funds in Court .. .. .. ..	0	1	0	The request.

LUNACY AND MINOR MATTERS.
Item.	£	s.	d
Upon every originating petition and upon every petition to dismiss a matter out of lunacy or for a supersedeas .. .. .. ..	0	15	0
Upon every other petition .. .. .. .. .. .. ..	0	10	0
Upon every report .. .. .. .. .. .. .. ..	0	10	0
Upon every recognizance or bond .. .. .. .. .. ..	0	10	0
Upon every lease and deed .. .. .. .. .. .. ..	0	5	0
Upon every affidavit .. .. .. .. .. .. ..	0	2	6
Upon taxing a bill of costs and certifying the amount thereof where the amount allowed does not exceed £20 .. .. .. ..	0	1	6
Upon every summons or notice of motion .. .. .. ..	0	2	0
For taking and certifying the result of an account where the amount found to have been received without deducting any payment shall not exceed £200 .. .. .. .. .. .. ..	0	1	0
Where such amount shall exceed £200 ; for every £100, or fraction of £100 ; but not to exceed £10 .. .. .. .. .. .. ..	0	2	0
Upon every certificate not the result of taking an account .. ..	0	5	0
Upon drawing up and entering any Order of the Chief Justice .. ..	0	5	0
Upon every ruling of the Registrar to the Chief Justice, (a) where the number of folios shall not exceed 3 .. .. .. ..	0	1	0
(b) for every additional folio .. .. .. .. ..	0	0	6

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S.I. No. 53/1926 -- Court Fees (Supreme Court and High Court) Order, 1926.