S.I. No. 343/1944 - District Court (Fees) Order, 1944.

STATUTORY RULES AND ORDERS. 1944. No. 343.

DISTRICT COURT (FEES) ORDER, 1944.

WHEREAS it is enacted by subsection (1) of section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), that it shall be lawful for the Minister for Justice, by order made with the consent of the Minister for Finance, to prescribe and from time to time as occasion requires vary or otherwise revise the fees to be charged in the several offices established by the Court Officers Act, 1926 (No. 27 of 1926), as amended by subsequent enactments (including the said Courts of Justice Act, 1936 ), and 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, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on me by subsection (1) of section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), and of every and any other power me in this behalf enabling and with the consent of the Minister for Finance, hereby order as follows :

1. This Order may be cited as the District Court (Fees) Order, 1944, and shall come into operation on the 14th day of November, 1944.

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

3. In this Order, the expression " the Principal Order " means the District Court (Fees) Order, 1937 ( S. R. & O. No. 177 of 1937 ).

4. No fee shall be payable under the Principal Order on an appeal to the Circuit Court under section 18 of the Courts of Justice Act, 1928 (No. 15 of 1928).

5.—(1) No fee shall be payable under the Principal Order by or in respect of a person to whom this Article applies when he is engaged—

(a) in a prosecution at the suit of the Attorney-General or in any other proceedings at the suit of the Attorney-General,

(b) in a prosecution by a member of the Gárda Síochána,

(c) in a prosecution by a Minister of State, or

(d) in proceedings instituted by, or on the direction of, the Revenue Commissioners.

(2) This Article applies to the following persons :—

(a) a state solicitor,

(b) a person employed in the Civil Service of the State as a solicitor,

(c) a member of the Gárda Síochána,

(d) a person authorised by a Minister of State to engage in the relevant prosecution or proceedings,

(e) a witness in the relevant prosecution or proceedings, other than a witness on behalf of the defendant.

6. Article 4 of the Principal Order is hereby revoked.

GIVEN under my Official Seal, this 7th day of November, 1944.

(Signed) GERALD BOLAND,

Minister for Justice.

I consent to the foregoing Order.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Finance.