15/01/1925: The Under-Sheriffs and Bailiffs District Court Fees (No. 1) Order, 1925.

DEPARTMENT OF JUSTICE.

THE UNDER-SHERIFFS AND BAILIFFS DISTRICT COURT FEES (No. 1) ORDER, 1925.

[Extract from Iris Oifigiúil, January 20, 1925.]

WHEREAS by the Enforcement of Law (Occasional Powers) Act, 1924 (No. 20 of 1924), Section 15, it is, amongst other things, enacted that the Minister for Justice may by order appoint and from time to time revise the scale of fees to be charged by and paid to Under-Sheriffs, Bailiffs and other persons for their services in or about the execution of Writs of fieri facias and writs of habere and in or about the execution of decrees (whether for debt, possession of land or otherwise) of Civil Bill Courts:

AND WHEREAS by Section 82 of the Courts of Justice Act, 1924 (No. 10 of 1924) it is, amongst other things, provided that the decree of the District Court in civil cases shall be executed where necessary by the Sheriff or other officer executing decrees of the Circuit Court.

AND WHEREAS by two Orders made on 19th September, 1924, and on 20th September, 1924, respectively and entitled the Under-Sheriffs and Bailiffs District Court Fees Orders, 1924, No. 1 and No, 2 respectively, certain fees were appointed as the fees to be chargeable in connection with the execution of decrees of the District Court in Civil cases.

AND WHEREAS it is expedient to allow to Under-Sheriffs in certain cases fees other than those specified in the said Orders and for that purpose to revoke the said Orders and to make a new Order.

NOW I, CAOIMHGHIN O hUIGÍN, Minister for Justice, in pursuance of the powers conferred upon me by Section 15 of the Enforcement of Law (Occasional Powers) Act, 1924 , and of all other powers enabling me in that behalf, do hereby order, appoint and declare that:—

(1) On and from the date of this Order, the said Orders of 19th September and 20th September, 1924, shall cease to have effect and in lieu of the scale of fees prescribed in those Orders the scale of fees set forth in the Schedule hereto shall be chargeable by and payable to Under-Sheriffs and Bailiffs for their services in or about the execution of decrees of the District Court in civil cases.

(2) This Order may be cited as "The Under-Sheriffs and Bailiffs District Court Fees (No. 1) Order, 1925."

Given under my hand this 15th day of January, 1925.

C. O h'UIGIN,

Aire Dli agus Cirt.

ENRI O'FRIGHIL, Runaidhe.

15/1/'25.

SCHEDULE.

1. For executing any decree, dismiss or order except decrees in ejectment cases.

One shilling in the pound (or for any fractional part of the first pound) on the amount stated in the entry at foot of the decree, dismiss or order, if the entire amount shall be levied, or if the entire amount shall not be levied, then on the amount actually levied, and so in proportion for any fractional part of a pound after the first pound, one shilling to be paid in every case of a levy, though the amount produced may not be £1.

2. In all cases for execution of any order or decree by arrest of any party.

£ s. d.

1 10 0

To be paid to the under sheriff on the delivery of the order or decree by the person desiring to execute the same by arrest of the party; and also one shilling and sixpence per statute mile for the conveyance of the party, if arrested, from the place of his arrest to gaol to be chargeable to and recovered from the person demanding such execution by arrest.

3. For executing any decree in ejectment as to lands and premises the annual rent of which does not exceed £10 where the personal attendance of the under sheriff is not required.

£ s. d.

2 2 0

—

4. And where the personal attendance of the under sheriff shall be required or where the annual rent exceeds Ten pounds.

3 3 0

And where the personal attendance of the under sheriff shall be required by the party executing the decree one shilling and sixpence additional shall be paid to the under sheriff for every statute mile he shall necessarily travel on going to such lands, such mileage not to be charged against the opposite party.

5. For each man properly left in possession of any goods or chattels seized under a Decree of the District Court.

£ s. d.

If boarded, per diem

If not boarded, per diem

s. d.

9 0

12 6

6. In the case of decrees for the recovery of money, the appropriate fee according to the following scale is to be paid to the under sheriff by the party lodging the decree, at the time of lodgment. The amount of the fee is to be added to the sum to be recovered from the party against whom the decree is directed.

SCALE.

Amount to be levied by under Sheriff on foot of decree.

Fee to be paid by party lodging decree

£2 or under .. ..	(a) 2/6	(b) 2/6
Over £2 but under £5 .. ..	(a) 3/6	(b) 4/—
Over £5 but under £15 .. ..	(a) 5/—	(b) 6/—
Over £15 .. ..	(a) 6/—	(b) 7/—

The fee marked (a) applies where the decree is to be executed in the Dublin Metropolitan Police Area or in the Cities of Cork, Limerick or Waterford.

The fee marked (b) applies in all other cases.

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