S.I. No. 90/1981 -- Circuit Court (Fees) Order, 1981.
1981
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S.I. No. 90/1981:
CIRCUIT COURT (FEES) ORDER, 1981.
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CIRCUIT COURT (FEES) ORDER, 1981.
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I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), and with the consent of the Minister for Finance, hereby order as follows:
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1. This Order may be cited as the Circuit Court (Fees) Order, 1981.
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2. This Order shall come into operation on the 16th day of March, 1981.
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3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.
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4. (1) The fees set out in the second column of the Schedule to this Order shall be charged in the Circuit Court Offices in respect of the items set out in the first column.
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(2) The Circuit Court (Fees) Order, 1980 ( S.I. No. 51 of 1980 ), is hereby revoked.
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5. The fee in relation to each item shall be taken by means of a stamp affixed to or impressed on the document indicated in the third column of the Schedule to this Order.
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6. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the officer in the Circuit Court Office who issues or receives the document.
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SCHEDULE
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FEES IN CIRCUIT COURT OFFICES.
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PART I--General.
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PART II--Civil Proceedings.
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PART III--Equity Proceedings.
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PART IV--Proceedings under the Rent Restrictions Act, 1960 and the Landlord and Tenant Acts.
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PART V--Applications and Appeals under the Landlord and Tenant (Ground Rents) Act, 1967 .
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PART VI--Proceedings under the Licensing Acts and the Registration of Clubs Acts.
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PART VII--Proceedings under the Registration of Title Act.
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PART VIII--Appeals under the Valuation Act.
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PART I.
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GENERAL.
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On every advertisement ... |
2.50 |
The request for approval or drafting.
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| 2. On every affidavit filed ... |
1.50 |
The affidavit.
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| 3. On every affidavit sworn before an officer (in addition to No. 2) ... |
0.75 |
The requisition.
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| 4. On every attendance of an officer to produce records, for each day or part thereof (in addition to the officer's expenses) |
6.25 |
The request for attendance.
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| 5. On every bond |
1.50 |
The bond.
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| 6. On every search |
1.50 |
The requisition to search.
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| 7. On every certificate |
1.50 |
The certificate.
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8. On every copy of any document
supplied by the office, for each folio of
seventy-two words
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0.40 |
The copy.
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| 9. For examining a written or printed copy and marking the same as an office copy, per folio of seventy-two words |
0.30 |
The copy certified.
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| 10. On every indemnity in a civil case |
1.50 |
The filed document.
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| 11. On every order not hereinafter specifically provided for |
2.50 |
The requisition.
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| 12. On every recognizance |
1.50 |
The recognizance.
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| 13. On every witness summons |
1.50 |
The requisition for issue.
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| 14. On every stamping of an unstamped document given in evidence |
8.90 |
The requisition to stamp.
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| 15. On entry of every notice of motion |
2.50 |
The original notice for filing.
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| TAXATION |
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| Note: A County Registrar 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 bill were allowed by him at the full amount thereof. |
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| 16. On a summons to tax, except on an ex parte taxation |
3.20 |
The summons.
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| 17. On the taxation of a bill of costs for every full £5 in the amount (including witnesses' expenses) allowed |
0.45 |
The bill.
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| 18. on the isue of a certificate of taxation |
3.75 |
The certificate.
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PART II.
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CIVIL PROCEEDINGS
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On the issue of any ordinary civil bill or summons (including Interpleader, Ejectment, Replevin, civil bills in relation to the grant of revocation of Probate or Letters of Administration and Criminal Injury Applications), irrespective of the amount involved |
7.50 |
The original civil bill or summons.
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| 2. On the entry for hearing of any civil bill or summons mentioned at Item 1, or any remitted action |
1.50 |
The request for entry.
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| 3. On the entry of a defence |
1.50 |
The request for entry.
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| 4. On filing every counterclaim or set-off |
1.50 |
The request for entry.
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| 5. On every decree, dismiss or judgment by consent or default entered in the office (including stamp on requisition) |
1.50 |
the original decree, dismiss or judgment.
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6. In addition to the fee at 5 above, on every decree, dismiss or judgment in respect of a sum of money exceeding £50, for every full £25 in excess of £50
(but the additional fee chargeable in respect of this item shall not in any case exceed £10)
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0.35 |
The original decree, dismiss or judgment.
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PART III.
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EQUITY PROCEEDINGS
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On the issue of every Equity civil bill or every petition under the Trustee Acts, or in relation to the maintenance, etc., of the property of an infant or person of unsound mind, irrespective of the amount claimed or the value of the subject matter |
7.50 |
The original civil bill or petition. |
| 2. On the entry for hearing of a civil bill or petition under Item 1 |
1.50 |
The request for entry. |
| 3. On the entry of a defence |
1.50 |
The request for entry. |
| 4. On every decree or order other than a final order made by the Circuit Judge in any proceeding under Item 1 |
3.20 |
The decree or order. |
| 5. On every final order |
6.25 |
The order. |
| 6. On every ex parte or interlocutory order (including all orders for payment of money out of court) |
1.50 |
The order. |
| 7. On every affidavit lodging money under the Trustee Acts (inclusive) |
6.25 |
The affidavit. |
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PART IV.
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PROCEEDINGS UNDER THE RENT RESTRICTIONS ACT, 1960 AND THE LANDLORD AND TENANT ACTS.
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On every application under the Rent Restrictions Act, 1960 , or the Landlord and Tenant Acts |
6.25 |
The application. |
| 2. On every order of the Court determining the application |
1.50 |
The order. |
| 3. On the entry of a defence |
1.50 |
The request for entry. |
| 4. In addition to the fee at No. 2 on every order of the Court involving a sum of money exceeding £50, for every full £25 in excess of £50 (but the additional fee chargeable in respect of this item shall not in any case exceed £10) |
0.35 |
The order. |
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PART V.
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APPLICATIONS AND APPEALS UNDER THE LANDLORD AND TENANT (GROUND RENTS) ACT, 1967 .
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On every application to a county registrar |
4.45 |
The application. |
| 2. On every notice of appeal to the Court |
4.45 |
The notice. |
| 3. On every affidavit filed |
1.25 |
The affidavit. |
| 4. On every award, order or other decision |
1.50 |
The award, order or decision. |
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PART VI.
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PROCEEDINGS UNDER THE LICENSING ACTS AND THE REGISTRATION OF CLUBS ACTS.
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On every application for a declaration under the Licensing Acts |
21.20 |
The notice. |
| 2. On every declaration under the Licensing Acts |
12.50 |
The declaration. |
| 3. On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts |
45.00 |
The notice. |
| 4. On every application for a certificate consequent on a declaration under the Licensing Acts |
12.50 |
The notice. |
| 5. On the grant of a certificate for a licence for the sale of intoxicating liquor |
15.00 |
The certificate. |
| 6. On every application for a declaration under the Registration of Clubs Acts |
26.00 |
The notice. |
| 7. On every declaration under the Registration of Clubs Acts |
17.50 |
The declaration. |
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PART VII.
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PROCEEDINGS UNDER THE REGISTRATION OF TITLE ACT, 1964 .
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On every application |
4.45 |
The notice |
| 2. On every affidavit filed |
1.50 |
The affidavit. |
| 3. On every order of the Court |
3.20 |
The order. |
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PART VIII.
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APPEALS UNDER THE VALUATION ACTS.
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| Item |
Fee |
Document to be stamped |
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£ |
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| 1. On notice of appeal-- |
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The notice. |
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(a) where the existing rateable valuation does not exceed £30
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4.45 |
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(b) where the existing rateable valuation exceeds £30 but does not exceed £60
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7.50 |
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(c) where the existing rateable valuation exceeds £60 but does not exceed £100
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12.00 |
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(d) where the existing rateable valuation exceeds £100
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21.20 |
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| 2. On every order of the Court |
3.20 |
The order. |
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GIVEN under my Official Seal, this 10th day of March, 1981.
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GERARD COLLINS,
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Minister for Justice.
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The Minister for Finance consents to the making of the
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foregoing Order.
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GIVEN under the Official Seal of the Minister for Finance, this 10th day of March, 1981.
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GENE FITZGERALD,
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Minister for Finance.
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EXPLANATORY NOTE.
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This Order increases as from 16th March, 1981, the fees at present authorised to be charged in Circuit Court Offices. The present fees are prescribed in the Circuit Court (Fees) Order, 1980 which is revoked by this Order.
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The Order also provides that the fees in all cases may be taken by either adhesive stamps or impressed stamps.
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It should be noted that, by reason of section 42 of the Workmen's Compensation Act, 1934 , no court fees are payable by any party in any proceedings by or against a workman under the Workmen's Compensation Acts prior to the order of the Circuit Court granting or refusing compensation.
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It should also be noted that, under section 25 of the Rent Restrictions Act, 1960 , no court fees are payable by the tenant in any proceedings (including any appeal or case stated) under Part III of the Act.
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