S.I. No. 265/1935 - Railway Tribunal (Road Transport) Fees, Order 1935.


STATUTORY RULES AND ORDERS. 1935. No. 265.

RAILWAY TRIBUNAL (ROAD TRANSPORT) FEES, ORDER 1935.

RAILWAY TRIBUNAL.

THE RAILWAY TRIBUNAL (ROAD TRANSPORT) FEES ORDER, 1935, DATED THE 25th DAY OF JULY, 1935.

The Minister for Industry and Commerce, on the recommendation of the Railway Tribunal, in pursuance of the powers conferred upon him by Section 47 (2) of the Road Transport Act, 1933 , and all other powers enabling him in this behalf hereby orders as follows :—

1.—The fees set out in the Schedule to this Order shall be taken in respect of proceedings before the Railway Tribunal and in respect of acts done by them or any of their officers in the execution of their respective powers and duties under the Road Transport Act, 1933 , as amended by the Road Transport Act, 1934 .

2.—Any day fee payable for the hearing of the case or in respect of an assessor shall be paid before the day of hearing by the party who has applied for the hearing, unless the Court otherwise order.

3.—The fees payable on interlocutory applications shall be paid before the Order is sealed and filed.

4.—All fees shall be paid by impressed stamps which shall be sold at the Stamping Department of the Revenue Commissioners, Dublin Castle.

5.—The Registrar of the Railway Tribunal may require the applicant to give security to his satisfaction for the payment of fees by means of a solicitor's undertaking or by depositing with the Registrar money to such an amount, and at such time or times as he may think necessary. The Registrar shall give a receipt for any money so deposited, and shall procure the stamps corresponding to the fees so secured when their amount has been ascertained, and shall pay for the stamps out of the money deposited, and shall repay the balance, if any, obtaining a receipt therefor from the applicant.

6.—This Order may be cited as the Railway Tribunal (Road Transport) Fees Order, 1935, and shall come into operation on the first day of September, 1935.

In witness whereof the Minister for Industry and Commerce has caused his Official Seal to be hereunto affixed this 25th day of July, 1935.

JOHN LEYDON, Secretary,

Department of Industry and Commerce.

The Minister for Finance sanctions the fees set out in the Schedule to this Order.

In witness whereof, the said Minister has caused his Official Seal to be hereunto affixed this 31st day of July, 1935.

J. J. McELLIGOTT, Secretary,

Department of Finance.

SCHEDULE.

£

s.

d.

1.

Receiving and filing every application or statement of case or answer thereto

1

0

0

2.

Receiving and filing every reply, affidavit or other proceeding

0

2

6

(Note.—No extra charge is to be made for documents that may accompany any application, answer, reply or affidavit).

3.

Every summons upon interlocutory proceedings

0

5

0

4.

Every notice of motion before the Court

0

5

0

5.

Every Order made on a summons or motion

0

5

0

6.

For every appointment for hearing of a cause

0

5

0

7.

Every process for the attendance of witnesses

0

5

0

8.

Office copies of documents (per folio)

0

0

6

9.

Every hearing not in the nature of an interlocutory proceeding, each day

2

2

0

10.

Every decision of a cause

1

0

0

11.

On drawing up and issuing under Seal an Order made in the Court

1

0

0

12.

On filing a notice of Appeal to the Court—Interlocutory

1

0

0

On filing a notice of Cross Appeal to the Court—Interlocutory

0

10

0

On sealing Order made on the hearing of the Appeal—Interlocutory

1

0

0

13.

On the allowance of the result of taxation, two and a half per cent. on the amount allowed in the bill of costs, provided that in any case a fraction of 6d. shall be reckoned as 6d.

Notes.

(1) No fees are payable by the Minister for Industry and Commerce in respect of proceedings before the Railway Tribunal.

(2) The fees on appeal are governed by the Rules of the Court to which the appeal lies.

(3) The fees in this Schedule may be altered or varied by Order of the Minister for Industry and Commerce on the recommendation of the Railway Tribunal and with the sanction of the Minister for Finance.