S.I. No. 157/1968 - Supreme Court and High Court (Fees) Order, 1968

S.I. No. 157 of 1968.

SUPREME COURT AND HIGH COURT (FEES) ORDER, 1968

I, MICHEÁL O MÓRÁIN, 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, 1968.

2. In this Order " the Principal Order " means the Supreme Court and High Court (Fees) Order, 1966 ( S.I. No. 62 of 1966 ).

3. This Order shall come into operation on the 29th day of July, 1968.

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

5. The Principal Order and this Order may be cited together as the Supreme Court and High Court (Fees) Orders, 1966 and 1968.

6. The Principal Order shall have effect as if the following paragraphs were inserted after paragraph 8 :

" 9. No fee shall be payable in the Central Office or in the Office of the Registrar of the Supreme Court on any application, order, judgement or report or on the filing of any notice of motion, affidavit or other document necessary in connection with habeas corpus proceedings, proceedings under the Extradition Act, 1965 (No. 17 of 1965), bail proceedings or proceedings in a criminal case by way of certiorari or mandamus.

10. Fees payable in the Office of the Official Assignee in Bankruptcy shall be those chargeable on the date of the granting of the petition in arrangement matters or on the date of the adjudication in bankruptcy matters, as the case may be.

11. (1) In the case of the sale of property the subject of any mortgage, charge or lien—

(a) the appropriate fee for Item 2 of Part VII of the First Schedule to the Principal Order shall be the first charge on the proceeds of the sale:

(b) the surplus (if any) remaining in the mortgage account after payment of the amount of the mortgage, charge or lien and after payment of the costs, fees and expenses shall be included in the assets for the purpose of calculating the appropriate fee for Item 1 of the said Part VII, and

(c) the said appropriate fee for Item 1 of the said Part VII shall be the first charge on any amount realised or brought to credit.

(2) In a case mentioned or referred to at Item I of the said Part VII, where in bankruptcy cases the net assets are under £10, the petitioning creditor shall lodge with the Official Assignee—

(a) a sum sufficient, with the net amount realised, to make up £10, and

(b) a sum sufficient to cover the expenses of the Official Assignee.".

7. Part VII of the First Schedule to the Principal Order shall have effect as if the notes to Items 1 and 2 were deleted.

8. Part IV of the First Schedule to the Principal Order shall have effect as if the following were substituted for the matter in the first column at reference number 1 :

" 1. On a direction by the Court or the Accountant to pay or invest money or place money on deposit or transfer stock or shares, where the amount or nominal value exceeds £100—

for every £100 or part thereof in excess of the first £100 . . . (fee not to exceed £20 in any case)".

9. Part VIII of the First Schedule to the Principal Order shall have effect as if the following were inserted in the first, second and third columns, respectively, after reference number 48 :

" 49. For an official copy of a will		5s. 0d.	The copy.
50. For an official copy of a grant of representation—
	(a) if bespoken at the time of the application for the grant	2s. 6d.	The copy.
	(b) if bespoken at any other time	5s. 0d.	The copy.

,,.

GIVEN under my Official Seal, this 23rd day of July, 1968.

MICHEÁL Ó MÓRÁIN,

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 23rd day

of July, 1968.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE

This Order (1) abolishes court fees in habeas corpus, extradition and bail proceedings and in proceedings in criminal cases by way of certiorari and mandamus, (2) prescribes new fees for official copies of wills and grants of representation, (3) restricts the application of one of the fees payable in the Accountant's Office and (4) restates, for the sake of clarification, the method (as hitherto interpreted and applied by the Court Officers concerned) of assessing certain fees chargeable in the Office of the Official Assignee in Bankruptcy and in the Accountant's Office.

The Order comes into operation on 29th July, 1968.