S.I. No. 24/1926 - The Railway Tribunal Fees Order, 1926

STATUTORY RULES AND ORDERS. 1926. No. 24.

THE RAILWAY TRIBUNAL FEES ORDER, 1926

RAILWAY TRIBUNAL.

THE RAILWAY TRIBUNAL FEES ORDER, 1926, DATED THE FIRST DAY OF APRIL, 1926.

The Minister for Industry and Commerce, on the recommendation of the Railway Tribunal, in pursuance of the powers conferred upon him by Section 19 (2) of the Railways Act, 1924 , 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.

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 Fees Order, 1926, and shall come into operation on the fifteenth day of April, 1926.

In witness whereof the Minister for Industry and Commerce has caused his official seal to be hereunto affixed this First day of April, 1926.

GORDON CAMPBELL,

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 Eighth day of April, 1926.

J. McELLIGOTT,

Assistant 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 or otherwise provided for, each day	2	2	0
10.	Every decision of a cause other than between railway companies	1	0	0
11.	On drawing up and issuing under seal an Order made in the Court of the Railway Tribunal	1	0	0
12.	Every hearing of a cause as between railway companies, each day	5	5	0

13.	Every decision of a cause as between railway companies	2	2	0
14.	Every hearing in the nature of an arbitration between railway companies and canal companies or between railway companies and the Minister for Posts and Telegraphs under the Railway and Canal Traffic Acts 1854-1888 and the Conveyance of Mails Act 1893, or any of them, each day or part of a day	15	15	0
15.	Every decision of such difference	5	5	0
16.	Every hearing in the nature of an arbitration one of the parties being other than a railway company or canal company, each day or part of a day	5	5	0
17.	Every decision of such difference	2	2	0
18.	Every hearing under the Telegraph Acts, 1863-1916 or under the Railway Employment (Prevention of Accidents) Act, 1900, each day or part of a day	15	15	0
19.	Every decision of such difference	5	5	0
20.	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
21.	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.
22.	Where the Court requires an assessor or assessors to sit with it, the applicant or such party or parties as the Court may direct shall pay in respect of each assessor a minimum fee of £5 5s. 0d. or such increased fee as the Registrar may determine to be necessary to cover the remuneration of the assessor and his travelling expenses and subsistence allowance (if any).

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.