S.I. No. 36/1985 -- Supreme Court and High Court (Fees) Order, 1985.

S.I. No. 36/1985 -- Supreme Court and High Court (Fees) Order, 1985. 1985 36

S.I. No. 36/1985:

SUPREME COURT AND HIGH COURT (FEES) ORDER, 1985.

I, MICHAEL NOONAN, 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;

1. This Order may be cited as the Supreme Court and High Court (Fees) Order, 1985.

2. This Order shall come into operation on the 1st day of March, 1985.

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

4. The Supreme Court and High Court (Fees) Order, 1984 ( S.I. No. 19 of 1984 ), is hereby amended by the substitution for the First Schedule thereto of the following Schedule.

FIRST SCHEDULE

Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries.

PART I --Fees payable in all the Offices attached to the Supreme Court and the High Court for copies of documents.

PART II --Fees payable in the Office of the Register of the Supreme Court.

PART III --Fees payable in the Central Office and in the Examiner's Office.

PART IV --Fees payable in the Accountant's Office.

PART V --Fees payable in the Taxing Masters' Office.

PART VI --Fees payable in the Office of Wards of Court.

PART VII --Fees payable in the Office of the Official Assignee in Bankruptcy.

PART VIII --Fees payable in the Probate Office and District Probate Registries.

(In this Schedule a folio means 72 words)

PART I

Fees payable in all the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents.

Item	Fee	Document to be stamped
	£
1. For making an attested copy of a document,other than a copy judgment, per page ... ...	2.00	The attested copy.
(except in a case of a criminal appeal transcript, where the fee shall be £0. 50 per page).
2. For provision of a copy judgment ... ...	£5. 50 plus an addition of £0. 20 in respect of each page photocopied	The attested copy
3. For examining a copy of any document and marking it as an attested copy, per page ... ...	2.00	The attested copy.
4. For a photographic copy of a plan, map, section, drawing, photograph or diagram ... ...	3.00	The copy.
5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per page	2.00	The document.

PART II

Fees payable in the Office of the Registrar of the Supreme Court.

Item	Fee	Document to be stamped
	£
1. On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmen's Compensation Acts	40.00	The notice.
2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal)	5.00	The notice.
3. On filing or lodging a case stated ... ...	17.00	The case stated.
4. On drawing up and entering-
( a ) an interlocutory order	8.50	The order.
( b ) a final order ... ...	17.00	The order.
5. On filing an affidavit ...	5.00	The affidavit.
6. On lodging a notice or other document for service ... ...	2.00	The notice or other document.
and
in addition thereto, for each copy to be transmitted ...	0.50
7. On a petition or on an application for appointment as Notary Public or Commissioner for Oaths ... ... ... ...	28.00	The petition or application.
8. On a commission appointing a Notary Public or Commissioner for Oaths ... ... ...	£110	The commission.
9. On a certificate of the Registrar authenticating a signature	5.00	The certificate.

PART III

Fees payable in the Central Office and in the Examiner's Office.

Item	Fee	Document to be stamped
	£
Originating Summonses, etc.
1. On sealing a plenary summons and filing a copy ... ...	45.00	The filed copy.
2. On sealing a concurrent plenary summons ... ... ...	11.00	The filed copy.
3. On sealing a special summons and filing a copy ... ...	33.00	The filed copy.
4. On sealing a concurrent special summons ... ... ...	11.00	The filed copy.
5. On sealing a summary summons and filing a copy... ...	33.00	The filed copy.
6. On sealing a concurrent summary summons... ... ...	11.00	The filed copy.
7. On filing a petition ... ...	33.00	The original petition.
8. On sealing a copy of a matrimonial petition ... ... ...	11.00	The copy.
9. On sealing a citation ...	5.50	The original citation.
10. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit ... ...	14.00	The affidavit filed in support of the application.
11. On sealing any State Side Order under Order 84, Rule 1, of the Rules of the Superior Courts	5.50	The original order.
12. On sealing a third party notice	5.50	The filed copy.
Appearances
13. On entering an appearance	5.00	The memorandum.
Affidavit, etc.
14. On filing an affidavit ...	5.00	The affidavit.
15. On filing a script annexed to an affidavit of scripts ... ...	5.00	The affidavit of scripts.
(not to exceed, for any number of scripts £50. 00)
Pleadings
16. On filing a pleading ... ...	5.00	The pleading.
Notices of Motion, etc.
17. On filing a notice of motion	5.00	The notice.
18. On filing a common notice	2.00	The notice.
19. On filing a notice of appeal from the Master ... ...	5.00	The notice of appeal.
20. On lodging a notice of appeal from the Circuit Court to the High Court ... ... ... ...	14.00	The notice.
Service of Notices, etc.
21. On lodging a notice or other document for service ... ...	2.00	The notice or other document.
and
in addition thereto, for each copy to be transmitted	£0.50
(but not more, for any number of copies, than £50. 00)
Setting Down, etc.
22. On setting down an action for trial ... ... ... ...	33.00	The setting down docket.
23. On filing or lodging a case stated ...	22.00	The case stated.
Orders
24. On
(a) an order provided for in Order 42 of the Rules of the Superior Courts	5.00	The order.
(b) an order of the Master	5.00	The order.
(c) an interlocutory order of the Court or a Judge	8.50	The order.
(d) any final order of the Court or a Judge except an order on a certificate under Order 36, Rule 39, of the Rules of the Superior Courts ... ... ...	14.00	The order.
25. For a copy of a plan, map, section, drawing, photograph or diagram required to accompany any order ... ...	5.00	The order.
26. On subpoena ad testificandum or duces tecum ... ... ...	5.00	The order.
27. Commission to examine witness or request in lieu of ...	5.00	The order.
28. On entering judgment in the Central Office in default of appearance or of pleading ... ...	5.50	The judgment.
Certificates, etc.
29. On a certificate of pleadings or proceedings ... ... ...	3.00	The certificate.
30. On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts ... ... ...	14.00	The certificate.
31. On the certificate of a Registrar verifying a copy of a matrimonial petition ... ... ...	3.00	The copy.
32. On a certificate or report of the Master, or of a Registrar or Examiner, directed or required by any order or rule of Court, and not subject to any other fee prescribed by this Schedule ... ...	8.50	The certificate or report.
33. On a sale under an order of the Court 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	2.00	The order or certificate.
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 re-paid.
34. On taking account of moneys received by a person liable to account for same--
for every £100 of the amount received ... ... ...	2.00	The certificate.
35. On taking an account of moneys due to any person (other than moneys due to any person by a company or society being wound up by the Court) --
for every £100 of the amount found ... ... ...	2.00	The certificate.
36. On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise--
for every £100 of the value of the property ... ...	2.00	The certificate.
(but on an enquiry to ascertain the next-of-kin or heir-at-law of any person, where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent, not less than £12.50; where the common ancestor is a grandparent, not less than £22.50; and where the common ancestor is a great-grandparent or a more remote ancestor, not less than £40.00).
37. On ascertaining pursuant to an Order--
(a) the outstanding estate of a deceased person, or
(b) any property subject to a trust, mortgage or charge, or
(c) any partnership assets--
for every £100 of the amount of value thereof ... ...	2.00	The certificate.
The amount on which this fee is payable shall not include any outstanding debt 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 Nos. 34 to 37 inclusive shall be chargeable in respect of any particular property or moneys.
38. On settling a scheme for the management of a charity, or a scheme where the amount involved does not exceed £1,000 ... ...	27.50	The scheme.
39. On settling any other scheme	55.00	The scheme.
40. On signing, settling or approving any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property--
for the first advertisement or authority signed in respect of any person or persons ... ... ...	27.50	The posting.
for any subsequent advertisement or authority signed in respect of the person or persons	14.00	The posting.
41. On signing, settling or approving any other advertisement	14.00	The posting.
42. On the examination of a witness before an officer of the Court in his office (otherwise than for the purpose of any inquiry, taxation of costs or other proceeding before the officer)--
for each hour or part of an hour	8.50	The order of appointment.
43. On any such examination by an officer away from his office--
for each day or part of a day (The reasonable expenses of the officer are also payable)	27.50	The order of appointment.
Searches and Inspections
44. On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order (not to be charged if a copy of the document is bespoken) ... ... ...	3.00	The search docket.
45. On a memorandum for the registration of--
(a) a decree of the District Court ... ... ...	4.50	The memorandum.
(b) a judgment of the Circuit Court ... ... ...	5.50	The memorandum.
(c) a judgment of the High Court ... ... ...	8.50	The memorandum.
46. On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act, 1844 ...	3.00	The memorandum.
47. On a memorandum for the registration of a lis pendens pursuant to the said Act ... ...	4.50	The memorandum.
48. On a memorandum for the re-entry of a lis pendens pursuant to the said Act ... ... ...	2.00	The memorandum.
49. On a requisition for liberty to search pursuant to the said Act--
for each person searched against--	3.00	The search docket.
(not to be charged if a requisition for an official search is lodged)
50. On filing a satisfaction piece	3.00	The satisfaction piece.
51. On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848 ... ... ...	3.00	The memorandum.
52. On a requisition for a search for judgments or revivals entered up before the 15th day of July, 1850, and for decrees, rules, orders or civil bill decrees for poor rates, made before the 15th day of July, 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person ... ... ... ...	8.50	The requisition.
53. On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person ... ...	16.50	The requisition.
54. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act, 1871 ... ... ... ...	5.00	The requisition.
55. On a memorandum of vacate of a lis pendens ... ... ...	5.00	The memorandum.
56. On a certificate of the registration or re-registration of any judgment or revival, decree, rule, order, bond, recognizances or lis pendens or of any satisfaction, vacate or quietus registered at any time ... ... ... ...	2.00	The certificate.
57. On a certificate at the foot of a memorandum for the registration or satisfaction of a judgment or decree, for the registration or vacate of a lis pendens, or for the vacate of a recognizance or bond	2.00	The memorandum.
58. On a memorial or assignment of a judgment or decree ...	8.50	The memorial.
Bill of Sale
59. On filing a bill of sale
where the consideration does not exceed £100	£2.00	The filed copy.
where the consideration exceeds £100, but does not exceed £200 ...	3.00	The filed copy.
where the consideration exceeds £200	5.50	The filed copy.
60. For a search in the bills of sale index ... ... ...	2.00	The search docket.
(not to be charged if a copy of a bill of sale is bespoken)
61. For inspecting any bill of sale (not to be charged if a copy is bespoken)	2.00	The search docket.
Deeds of Arrangements, etc.
62. On filing a copy of a deed of arrangement pursuant to the Deeds of Arrangement Act, 1887	8.50	The filed copy.
63. On filing a copy of a petition pursuant to the Deeds of Arrangement Amendment Act, 1890	5.00	The filed copy.
64. On filing a copy of an order under the Deeds of Arrangement Amendment Act, 1890 ... ...	5.00	The filed copy.
65. For a search in the Register of Deeds of Arrangement ...
(not to be charged if a copy is bespoken)	2.00	The search docket.
66. For inspecting, examining and making the prescribed extracts of a registered deed of arrangement, or the documents and affidavits filed in any one matter (not to be charged if a copy is bespoken)	2.00	The search document.
67. For an official search in the Register of Deeds of Arrangements -- for each name searched against ... ... ...	5.50	The requisition.
Warrants of Attorney	£
68. On filing and entering a copy of a warrant of attorney ... ...	3.00	The filed copy.
69. For a search warrant of attorney whether against one or more persons ... ... ... ...	2.00	The search docket.
(not to be charged if a copy is bespoken)
70. On filing a warrant of attorney and entering judgment thereon, in addition to the fee on the judgment ... ... ...	5.00	The judgment.
Bonds, etc.
71. On filing any recognizance or bond in the Central Office and giving a certificate thereof ...	5.00	The recognizance or bond.
72. On vacating any recognizance or bond, and giving a certificate thereof ... ... ...	8.50	The memorandum of vacate.
Powers of Attorney
73. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881 ... ... ... ...	5.00	The power of attorney.
74. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith ... ... ... (not to be charged if a copy is bespoken)	2.00	The search docket.
Enrolment
75. On enrolling any deed or document for each 10 folios or part of 10 folios ... ... ...	14.00	The deed or document.
Admiralty
76. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts--
where the sum claimed does not exceed £50 ... ...	5.50	The certificate.
where the sum claimed exceeds £50 but does not exceed £100 ... ...	8.50
where the sum claimed exceeds £100	16.50
77. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts ...	22.00	The instrument.
78. On appointing and swearing appraisers ... ... ...	2.00	The certificate of appraisement.
79. On delivering up a ship or goods to a purchaser ... ...	27.50	The order.
80. On the sale of a ship or goods--
for every £100 or fraction of £100 of the price ... ...	10.00	The order.
81. For attending the discharge of a cargo or the removal of a ship or goods, per day ... ...	27.50	The certificate of execution.
82. For retaining possession of a ship with or without cargo, or of a ship's cargo without a ship, per day	2.00	The instrument of release.
83. For executing a warrant or commission ... ... ...	22.00	The warrant or commission.
84. For releasing a ship and cargo, or either of them.	11.00	The instrument of release.
(In addition to the above fees, the following fees also are payable:
(a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed
(b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office)
Bankruptcy
85. On every petition of bankruptcy.. ...	33.00	The petition.
86. On every petition of arrangement ...	33.00	The petition.
87. On every debtor's summons	16.50	The summons.
88. On every bond, with or without sureties ... ... ...	5.50	The bond.
89. On every subpoena or summons (other than a debtor's summons) ... ... ...	3.00	The subpoena or summons.
90. On every affidavit ... ...	5.00	The affidavit.
91. On every order for annulment of adjudication ... ...	16.50	The order.
92. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter ... ... ... ...	2.00	The search docket.
Petitions, Applications and Appeals under the Solicitors Acts, 1954 and 1960
93. On lodging a notice of motion of application under subsection (3) of section 48 of the Solicitors Act, 1954 ... ... ... ...	33.00	The notice.
94. On lodging a notice of motion of appeal under subsection (5) of section 49 of the Solicitors Act, 1954 ... ... ... ...	16.50	The notice.
95. On lodging a notice of motion of appeal under subsection (2) of section 51 of the Solicitors Act, 1954 ... ... ... ...	16.50	The notice.
96. On lodging a notice of motion of appeal under subsection (3) of section 60 of the Solicitors Act, 1954 ... ... ... ...	16.50	The notice.
97. On lodging a notice of motion of appeal under section 45 of the Solicitors Act, 1954 ... ...	16.50	The notice.
98. On lodging a notice of motion of application under section 47 (6) of the Solicitors Act, 1954 ...	16.50	The notice.
99. On presenting a petition under Part III of Order 53 of the Rules of the Superior Courts	33.00	The petition.
100. On lodging a notice of motion of application under section 10 of the Solicitors (Amendment) Act, 1960 ... ...	33.00	The notice.
101. On sealing a special summons under Part V or VI of Order 53 of the Rules of the Superior Courts and filing a copy ... ...	33.00	The filed copy.
102. On a motion ex parte or motion on notice under Part V of Order 53 of the Rules of the Superior Courts ... ... ...	5.00	The notice.

PART IV

Fees payable in the Accountant's Office.

Item	Fee	Document to be stamped
	£
1. On a direction by the Court or the Accountant to pay or invest or place money on deposit or transfer stock or shares, where the amount or nominal value exceeds £200--
for every £100 or part thereof in excess of the first £200 (fee not to exceed £125 in any case)	0.50	The direction.
2. On a certificate of the amount and description of funds to credit of any account in the books of the Accountant ... ... ...	2.00	The certificate.
3. On a transcript of an account--
for the first 3 folios or part thereof in any book ...	2.00	The transcript.
for each additional folio.	0.50
4. On a request for lodgment of funds in Court without an Order	2.00	The request.
5. On a request to the Accountant for payment of money out of Court without an Order.	2.00	The request.
6. On lodging a power of attorney ... ... ... ...	3.00	The power of attorney.
7. On a request for a certificate of the lodgment of any funds in Court ... ... ... ...	2.00	The request.

PART V

Fees payable in the Taxing Masters' Office.

Item	Fee	Document to be stamped
A 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 Bill were allowed by him at the full amount thereof, including, in cases under the Solicitors Act, 1849, the fee payable in respect of the cash account.	£
1. On a notice to tax, except on an ex parte taxation ... ...	8.50	The notice.
2. On the taking of a cash account between the solicitor and his client on a taxation under the Solicitors Act, 1849, or otherwise--
Item	Fee	Document to be stamped
	£
for every £100 or fraction of £100 of the amounts found to have been received and paid	0.50	The bill.
3. On the taxation of a bill of costs--
for every full £10 in the amount allowed (including witnesses' expenses) ...	1.00	The bill.
4. On the issue of a certificate of taxation ... ...	9.00	The certificate.
5. On carrying in objections to the allowance or disallowance of any item or items in a bill of costs	5.50	The objections.
6. On a report of a Taxing Master as to the grounds of his decision to allow or disallow any item or items in a bill of costs ... ... ...	11.00	The report.
7. On a report of a Taxing Master as to security for costs in a matrimonial case ... ... ...	11.00	The report.

PART VI

Fees payable in the Office of the Wards of Court.

Item	Fee	Document to be stamped
	£
1. On every originating petition	8.00	The petition.
2. On every originating summons	4.00	The summons.
3. On every report ...	4.00	The report.
4. On every recognizance or bond ... ... ... ...	4.00	The recognizance or bond.
5. On every lease or deed ...	4.00	The lease or deed.
6. On every affidavit ... ...	2.00	The affidavit.
7. On measuring a bill of costs and certifying the amount thereof--		The bill of costs.
where the amount allowed does not exceed £20 ...	1.50
where the amount allowed exceeds £20, for every £10 or part thereof allowed ...	0.50
8. On issuing a summons or notice of motion ... ...	1.50	The summons or notice.
9. On lodging a summons or notice for service ... ...	1.00	The summons or notice.
and
in addition thereto, each copy to be transmitted ... ...	0.50	The certificate.
10. For taking and certifying the result of an account--
(a) where the amount found to have been received without deducting any payment does not exceed £200 ... ... ...	1.00
(b) where such amount exceeds £200 for every £100 or fraction of £100 (but not to exceed £30)	0.40
11. On any other certificate (except a certificate for payment)	3.50	The certificate.
12. On drawing up and filing any order (except a Registrar's order)	2.00	The order.
13. On every ruling ... ...	0.50	The copy ruling.
14. On exemplifying any copy of any order ... ... ...	3.50	The copy.
15. On any transcript and mittimus ... ... ... ...	12.00	The transcript.
16. For making an attested copy of a document, per folio ...	0.40	The attested copy.
17. For examining a copy of any document and marking it an attested copy, per folio ... ...	0.30	The attested copy.

PART VII

Fees payable in the Office of the Official Assignee in Bankruptcy.

Item	Fee	Document to be stamped
	£
1. On every realisation account of the Official Assignee in a bankruptcy matter or in a vesting arrangement, and on every certified statement of accounts by a trustee--		The account.
(a) for the first £200 of the gross amount of the assets realised or brought to credit or where such amount does not exceed £200 ... ...	55.00
(b) for every £20 or fraction of £20 by which the said amount exceeds £200	4.00
2. On the account of the Official Assignee, or of the trustee, for the proceeds of the sale by him of any property of a bankrupt or arranging debtor the subject of any mortgage, charge or lien--		The account.
(a) for the first £200 of the gross amount produced by such sale or where such amount does not exceed £200 ... ... ...	55.00
(b) for every £20 or fraction of £20 by which the said amount exceeds £200	4.00
3. On the account of the Official Assignee in every arrangement (other than a vesting arrangement) or on the instrument containing the terms of a composition or general scheme of settlement of the affairs of a bankrupt submitted for the approval of the Court pursuant to section 102 of the Bankruptcy (Ireland) Amendment Act, 1872--		The account or instrument.
(a) for the first £200 of the gross amount of the composition or where such amount does not exceed £200 ... ... ...	55.00
(b) for every £25 or fraction of £25 by which the said amount exceeds £200 but does not exceed £1,000	5.00
(c) for every £25 or fraction of £25 by which the said amount exceeds £1,000 but does not exceed £5,000	3.00
(d) for every £25 or fraction of £25 by which the said amount exceeds £5,000	1.00
4. On the account of the Official Assignee in every composition after bankruptcy--		The account.
(a) for the first £200 of the gross amount of the composition or where such amount does not exceed £200 ... ... ...	55.00
(b) for every £25 or fraction of £25 by which the said amount exceeds £200 but does not exceed £1,000	5.00
(c) for every £25 or fraction of £25 by which the said amount exceeds £1,000 but does not exceed £5,000 ... ... ...	2.75
(d) for every £20 or fraction of £20 by which the said amount exceeds £5,000	1.00
For the purpose of calculating fees Nos. 3 and 4, the gross amount means the amount to be provided under the terms of the composition for ordinary creditors.
These fees shall be paid by the person making the composition over and above the amount of the composition.
5. On the account of the Official Assignee in every allocation case--		The account.
for the first £200 of the gross amount collected or where such amount does not exceed £200 ... ... ...	28.00
for every £20 or fraction of £20 by which the said amount exceeds £200 ...	1.00
This fee shall be the first charge on any amount collected.
6. On every account of the Official Assignee,other than a realisation account, a composition account or an account in an allocation case, whether or not funds are lodged with the Official Assignee--		The account.
(a) for the first £200 of the gross amount of the debt or where such amount does not exceed £200	55.00
(b) for every £25 or fraction of £25 by which the said amount exceeds £200 but does not exceed £1,000	5.00
(c) for every £25 or fraction of £25 by which the said amount exceeds £1,000 but does not exceed £5,000 ... ... ...	3.00
(d) for every £25 or fraction of £25 by which the said amount exceeds £5,000	1.00

PART VIII

Fees payable in the Probate Office and District Probate Registries.

Item	Fee	Document to be stamped
	£
1. For every order of a Probate Officer or Assistant Probate Officer to revoke and cancel a grant, to admit a will or codicil to proof, to refuse probate of a purported testamentary writing, to appoint a guardian, to give a liberty to the next-of-kin of a person of unsound mind not so found to obtain a grant for his or her use and benefit, to issue a subpoena, or to issue a certificate as to Circuit Court jurisdiction ... ... ... ...	2.00	The order.
2. For every other order of a Probate Officer or Assistant Probate Officer ... ... ... ...	1.00	The order.
3. For every certificate of a Probate Officer, Assistant Probate Officer, or district probate registrar, upon inspection of records, that a grant has issued, where full records are not available owing to destruction by fire or otherwise	1.00	The certificate.
4. For every certificate of search	1.00	The certificate.
5. For swearing an affidavit or attesting the execution of a bond	0.30	The fee sheet.
6. For marking an exhibit (The total fee under Nos. 5 and 6 in any one case shall not exceed £1.50)	0.20	The fee sheet.
7. For completing the assignment of a bond ... ... ...	1.00	The assignment.
8. For every certificate signed by a Judge, Probate Officer, Assistant Probate Officer or district probate registrar as to the authenticity of a copy of any document or the identity of any person or the authority of any person to act in a specified capacity, or for any similar certificate ... ... ... ...	1.00	The certificate.
9. For sealing such a certificate	0.50	The certificate.
10. For every certificate of a Probate Officer, Assistant Probate Officer or district probate registrar for which no other fee is prescribed	1.00	The certificate.
11. For settling an advertisement in pursuance of a Court order	2.00	The copy order.
The expression "primary grant" hereunder means the first grant to issue in respect of the estate of any deceased person.
The expression "section 33 case" hereunder means a case to which section 33 of the Customs and Inland Revenue Act, 1881, as extended by section 16 of the Finance Act, 1894, applies.
12. On a primary grant of representation in a section 33 case	3.00	The oath of executor or administrator.
13. On a primary grant of representation in any other case--		The fee sheet.
(a) where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, does not exceed the value of:
£
500 ... ... ...	5.00
1,000 ... ... ...	10.00
2,500 ... ... ...	15.00
5,000 ... ... ...	20.00
10,000 ... ... ...	25.00
20,000 ... ... ...	30.00
(b) Where the net estate(both real and personal), as shown in the Affidavit or Affirmation for Revenue, exceeds the value of £20,000--
on the first £20,000 a fee of	30.00
on every £10,000 or fraction thereof by which the value exceeds £20,000 but does not exceed £100,000 an additional fee of ... ...	5.00
on every £50,000 or fraction thereof by which the value exceeds £100,000, a further additional fee of ... ...	15.00
where the fee under item 13 is paid, no additional fee shall be payable at the time of extraction of the grant under any of the items numbered 16 to 24.
14. For every double, cessate, unadministered or duplicate grant of representation ... ...	5.00	The fee sheet.
15. Where any grant is sought by personal application, in addition to any other fee-
(a) Where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, does not exceed the value of:
£
500 ... ... ...	Nil
1,000 ... ... ...	5.00
5,000 ... ... ...	10.00
10,000 ... ... ...	15.00
20,000 ... ... ...	25.00
30,000 ... ... ...	30.00
(b) where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, exceeds the value of £30,000	A fee equal in amount to the fee under Item No. 13
16. For every application for a grant ... ... ... ...	1.00	The application.
17. For every receipt for documents lodged ... ... ...	0.50	The minute of receipt.
18. For every bond ... ...	1.00	The copy corrective affidavit.
19. For every justification of surety ... ... ... ...	1.00	The copy corrective affidavit.
20. For every renunciation ...	1.00	The fee sheet.
21. For every consent ... ...	1.00	The consent.
22. For every affidavit, (except the oaths of Executors or Administrators) ... ... ... ...	1.00	The affidavit.
23. For filing any other document (except the testamentary papers in respect of which Probate or Administration with will annexed is granted) ... ... ...	1.00	The fee sheet.
24. For making any notation on a grant or on an engrossment	1.00	The fee sheet.
25. On the lodgment of a corrective affidavit in a case which was originally a section 33 case		The copy corrective affidavit.
(a) if the increased gross value of the estate does not exceed £500 ...	1.00
(b) if the increased gross value of the estate exceeds £500 ... ...	The full fee payable under item No. 13 on the net estate (No allowance shall be made for the fee previously paid under item No. 12)
26. On the lodgment of a corrective affidavit in any other case	The correct fee under item No. 13 less the amount of the fee previously charged	The copy corrective affidavit.
27. For lodging or re-entering any motion paper, whether ex parte or on notice ... ... ...	1.00	The motion paper.
28. For every affidavit lodged	1.00	The affidavit.
29. For every application subducted ... ... ... ...	0.50	The notice of application.
30. For every appearance to any warning, citation or subpoena	1.00	The original notice of appearance.
31. For every notice of change of solicitor .. ...	0.50	The original notice.
32. For every first copy of a Court order or side bar order, in addition to scrivenery fees ... ...	1.00	The copy.
This fee shall not be charged for a copy of an order made by a Judge in Chambers pursuant to section 36 of the Succession Act, 1965 when the copy is bespoken by the intending grantee or his solicitor. In such a case the first copy bespoken by anyone other than the intending grantee or his solicitor shall be treated as the first copy and shall be charged for accordingly.
33. For the entry of any caveat	1.00	The caveat.
34. For the subduction of any caveat ... ... ... ...	1.00	The caveat book.
35. For every notice of the entry or subduction of a caveat to any district probate registry ... ...	0.50	The caveat book.
36. For every warning to a caveat	1.00	The warning.
37. For every copy of a warning sent by post ... ... ...	0.50	The warning.
38. For sealing any citation	1.00	The filed copy.
39. For sealing any subpoena	1.00	The filed subpoena.
40. For settling any advertisement in connection with a citation or otherwise ... ... ...	2.00	The affidavit.
41. For engrossing the will, or the will and codicil or codicils, of any deceased person, per page	1.00	The fee sheet.
42. For comparing any document with the original thereof ...	0.50	The fee sheet.
43. For every exemplification, in addition to the fees payable under items 41 and 42 ... ... ...	4.00	The fee sheet.
44. For every search made by an applicant for a will or any record of a grant or any other document filed in the Probate Office or in a district probate registry, including the inspection of any original will or codicil or any copy thereof or any record of a grant ... ...	0.25	The search docket.
45. For every similar search made by an officer of the Probate Office or of a district probate registry, for every year or part thereof for which the officer is requested to search	0.10	The search docket.
(but not less in any case than £0. 50)
46. For all searches made on any one day by the representative of a newspaper or group of newspapers	£0.50	The search docket.
(The representative must state on the search docket his name and that of the newspaper or group of newspapers which he represents).
47. For depositing the will, or will and codicil or codicils, or other testamentary disposition of a living person for safe custody, including the deposit receipt ... ...	2.00	The fee sheet.
48. For depositing the will, or will and codicil or codicils, or other testamentary disposition of a deceased person for safe custody, including the deposit receipt	1.00	The fee sheet.
49. For an official copy of a will	0.50	The copy.
50. For an official copy of a grant of representation--
(a) if bespoken at the time of the application for the grant ... ... ...	0.25	The copy.
(b) if bespoken at any other time ... ...	0.50	The copy.
51. For making an attested copy of an Inland Revenue Affidavit, per folio ... ... ... ...	0.40	The attested copy.

SECOND SCHEDULE.

PERCENTAGES PAYABLE IN THE OFFICE OF WARDS OF COURT

PART I: LUNACY PERCENTAGES.

1. In this Part "clear annual income" does not include the following payments:

( a ) unemployment assistance,

( b ) old age (non-contributory) pension,

( c ) widow's (non-contributory) pension,

( d ) deserted wife's allowance,

( e ) prisoner's wife's allowance,

( f ) social assistance allowance (unmarried woman),

( g ) single woman's allowance,

( h ) blind pension.

2. Subject to paragraph 3, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is at least £600 shall be payable according to the following rates:

( a ) 2.5% of each annual income amounting to £600 but not amounting to £1,500;

( b ) 3% of each annual income amounting to £1,500 but not amounting to £3,000;

( c ) 4% of each annual income amounting to £3,000 or more, subject to a maximum payment in respect of any one year of £500.

3. Any fractional part of fifty pence in the amount of a percentage shall be disregarded and shall not be levied or paid.

PART II: MINOR PERCENTAGES.

1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that no percentage shall be charged on any income not amounting to £600.

2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.

PART III: CALCULATION, COLLECTION AND DISPOSAL.

The rules heretofore in operation under the Lunacy Regulation (Ireland) Act, 1871, with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor include (where the context so admits) a reference to his coming of age.

GIVEN under my Official Seal, this 18th day of February, 1985.

MICHAEL NOONAN,

Minister for Justice.

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

GIVEN under the Official Seal of the Minister for Finance, this 18th

day of February, 1985.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

This Order amends the First Schedule of the Supreme Court and High Court (Fees) Order, 1984 ( S.I. No. 19 of 1984 ) and thereby increases, as from 1st March, 1985, some of the fees chargeable in the Offices of the Supreme Court and the High Court, principally in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner's Office, the Official Assignee's Office and the Taxing Masters' Office.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 36/1985 -- Supreme Court and High Court (Fees) Order, 1985.