29/09/1926: Under-Sheriffs' Fees Order, 1926.

SAORSTÁT EIREANN.

UNDER-SHERIFFS' FEES ORDER, 1926.

WHEREAS by Section 14, Sub-section (1) of the Enforcement of Court Orders Act, 1926 , it is enacted that the Minister for Justice, with the consent of the Minister for Finance, may by Order appoint scales of fees and expenses to be charged by and paid to Under-Sheriffs for their services in or about the execution of Execution Orders.

NOW, I, Caoimhghin O h-Uigin, Minister for Justice, by virtue of the powers conferred upon me by Section 14, Sub-section (1), of the Enforcement of Court Orders Act, 1926 , and of all other powers enabling me in that behalf, with the consent duly obtained of the Minister for Finance, do hereby order and appoint that :

(1) This Order may be cited as " The Under-Sheriffs' Fees Order, 1926," and shall come into operation on the 1st day of October, 1926.

(2) The Interpretation Act, 1923 (No. 46 of 1923), shall apply to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

(3) The fees and expenses set forth in the first, second and third Schedules hereto shall be chargeable by and payable to Under-Sheriffs for their services in or about the execution of Execution Orders of the High Court, Circuit Court, and District Court respectively.

Given under my Seal of Office, this 29th day of

September, 1926.

C. O h-UIGIN,

Aire Dlí agus Cirt.

FIRST SCHEDULE.

HIGH COURT.

1. On lodgment of an Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property .. ..	£0 7s. od.
(To be paid to the Under-Sheriff by the party lodging the Execution Order at the time of lodgment, but leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff upon his recovering from such party.)
2. For executing any Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property :	One shilling in the pound (or for any fractional part of a pound) on the first one hundred pounds of the amount stated to be due for debt and costs in the Execution Order, and sixpence in the pound (or for any fractional part of the pound) of the balance stated to be due for debt and costs over and above the first one hundred pounds—payable by and leviable from the party against whom the Execution Order is directed.
3. For executing any Execution Order directing or authorising the execution of an Order of the Court by putting a person in possession of lands or premises—payable in the first instance by the party entitled to execution, but leviable from the party against whom the Execution Order is directed and repayable by the Under-Sheriff on recovery from such party :	£3 10s. od. Where the personal attendance of the Under-Sheriff shall be required by the party entitled to execution one shilling and six-pence additional shall be paid to the Under-Sheriff for every statute mile he shall travel from his office by the nearest public road, one way only. (This mileage is to be paid by the party requiring the attendance of the Under-Sheriff, and shall not be charged against the opposite party.)
4. For executing an Execution Order directing or authorising the execution of an Order of the Court by delivering to a person specific property :
If executed at a place not exceeding five statute miles from the Under-Sheriff's office by the nearest public road ..	£0 15s. od.
If executed at a place beyond that distance ..	£1 10s. od.
(Payable in the first instance by the party entitled to execution, but leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff on recovery from such party.)
5. For the Court Messenger or Court Messengers for executing any Execution Order .. ..	£0 15s. od. Together with mileage at the rate of sixpence per statute mile, one way, in addition, if executed at a place exceeding five statute miles from the Under-Sheriff's office by the nearest public road—payable by and leviable from the party against whom the Execution Order is directed.
6. For the removal of goods seized to a place of safe keeping..	The actual and necessary costs of such removal—payable by and leviable from the party against whom the Execution Order is directed.
7. Where the necessary conveyance or conveyances have arrived at the residence of any party or at the place of seizure of the goods of any party for the purpose of removing the goods and chattels seized, but before the actual removal thereof, the party against whom the Execution Order is directed or some person on his behalf tenders to the Under-Sheriff or Court Messenger the amount due on foot of the Execution Order together with the fees and expenses payable in respect of such seizure the party against whom the Execution Order is directed shall pay as part of the Under-Sheriff's expenses the actual cost incidental to the bringing of such conveyance or conveyances for the purpose of such removal, and in default of so doing, the Under-Sheriff or his Court Messenger shall be entitled to refuse the amount tendered and to proceed to remove the goods seized with a view to a realisation by sale of the amount due under the Execution Order, together with all fees and expenses occasioned by the seizure, including the actual cost of such removal.
8. For each man properly and necessarily left in possession of goods or chattels while under seizure under an Execution Order :
If boarded, per diem ..	£0 9s. od.
If not boarded, per diem ..	£0 12s. 6d.
(Not more than two men to be allowed for in any case, and where the fee prescribed in Item 5 of this Schedule is payable, this fee not to be charged unless the man or men are in possession for a period exceeding three hours.)
(Payable by and leviable from the party against whom the Execution Order is directed.)
9. For the sustenance and keeping of cattle or other animals while under seizure under an Execution Order, and the storage of all other chattels movable pending the sale thereof.	The expenses reasonably and necessarily incurred—payable by and leviable from the party against whom the Execution order is directed.
10. For every sale by auction of chattels movable or chattels real under an Execution Order	The expenses reasonably and necessarily incurred

(Payable by and leviable from the party against whom the Execution Order is directed.)

11. In every case where expenses have been incurred by an Under-Sheriff for the purpose of executing an Execution Order, if the same shall be settled or shall be withdrawn by reason of the intervention of a Court having bankruptcy jurisdiction, or by reason of a Winding-up Order being made by any Court, or shall for some reason other than default on the part of the Under-Sheriff or his Court Messengers be withdrawn by the party at whose instance the Under-Sheriff shall have been required to execute such Execution Order, the Under-Sheriffs shall be entitled to be paid by the Solicitor or party demanding the execution of such Execution Order the expenses properly incurred by him (not exceeding what is provided for by this Schedule), and in addition where the Under-Sheriff or his Court Messenger has gone into possession of goods the poundage as provided in this Schedule, on the amount stated to be due for debt and costs in such Execution Order.

12. In every case where the execution of an Execution Order directing the execution of an Order of the Court by putting a person in possession of lands or premises for non-payment of rent is stayed by payment of the rent and costs after the delivery of such Execution Order to the Under-Sheriff, but before execution, the Under-Sheriff shall be entitled to the expenses properly incurred by him for the purpose of executing such Execution Order under the foregoing provisions of this Schedule, and such expenses shall be added to and be deemed part of such costs.

13. For filing every Execution Order (to be paid by the person requiring the return to such Order to be filed) .. .. ..	£0 2s. 6d.
14. For every bond of indemnity, exclusive of stamps:— If one person bound .. If more than one bound ..	£0 10s. od. £1 os. od.
15. For search for execution and certificate of search .. ..	£0 7s. 6d.
16. For perusal, approval and execution of Deed of Assignment or Bill of Sale :— If the purchase money does not exceed £100 .. .. If it exceeds £100 .. ..	£0 15s. od. £1 10s. od.

SECOND SCHEDULE.

CIRCUIT COURT.

1. On lodgment of an Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property the appropriate fee according to the following scale is to be paid to the Under-Sheriff at the time of lodgment by the party lodging the Execution Order. Such fee shall be leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff on recovery by him from such party:—

SCALE.
Amount to be levied by Under-Sheriff on foot of Execution Order.		Fee to be paid by party lodging Execution Order.
£2 or under .. .. .. Over £2, but under £5 .. .. Over £5, but under £15 .. .. Over £15 .. .. .. ..		(a)2/6 (b) 2 /6 (a)3/6 (b) 4/— (a)5/— (b) 6/— (a)6/— (b) 7/—
The fee marked (a) applies where the decree is to be executed in the Dublin Metropolitan Area or in the Cities of Cork, Limerick, or Waterford. The fee marked (b) applies in all other cases.
2. For executing any Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property.. ..		One shilling in the pound (or for any fractional part of a pound) on the first one hundred pounds of the amount stated to be due for debt and costs in the Execution Order, and sixpence in the pound (or for any fractional part of a pound) on the balance stated to be due for debt and costs over and above the first one hundred pounds.
(Payable by and leviable from the party against whom the Execution Order is directed.)
3. For executing any Execution Order directing or authorising the execution of an Order of the Court by putting a person in possession of lands or premises :
Where the rent or poor-law valuation does not exceed £10 Where the rent or poor-law valuation does exceed £10		£2 2s. od. £3 3s. od.
(Payable in the first instance by the party entitled to the execution, but leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff on recovery from such party.)
	Where the personal attendance of the Under-Sheriff shall be required by the party entitled to execution, one shilling and sixpence additional shall be paid to the Under-Sheriff for every statute mile he shall travel from his office by the nearest public road, one way only. (This mileage is to be paid by the party requiring the attendance of the Under-Sheriff, and shall not be charged against the opposite party.)
4. For executing an Execution Order directing or authorising the execution of an Order of the Court by delivering to a person specific property: If executed at a place not exceeding five statute miles from the Under Sheriff's Office, by the nearest public road .. If executed at a place beyond that distance .. .. ..	£0 15s. od. £1 10s. od.
(Payable in the first instance by the party entitled to execution, but leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff on recovery by him from such party.)
5. For the Court Messenger or Court Messengers for executing any Execution Order .. ..	£0 15s. od.
	Together with mileage at the rate of sixpence per statute mile one way in addition, if executed at a place exceeding five statute miles from the Under-Sheriff's office, by the nearest public road—payable by and leviable from the party against whom the Execution Order is directed.
6. For the removal of goods seized to a place of safe keeping ??..	The actual and necessary costs of such removal—payable by and leviable from the party against whom the Execution Order is directed.

7. Where the necessary conveyance or conveyances have arrived at the residence of any party or at the place of seizure of the goods of any party for the purpose of removing the goods and chattels seized, but before the actual removal thereof, the party against whom the Execution Order is directed or some person on his behalf tenders to the Under-Sheriff or Court Messenger the amount due on foot of the Execution Order, together with the fees and expenses payable in respect of such seizure, the party against whom the Execution Order is directed shall pay as part of the Under-Sheriff's expenses the actual cost incidental to the bringing of such conveyance or conveyances for the purpose of such removal, and in default of so doing the Under-Sheriff or his Court Messenger shall be entitled to refuse the amount tendered, and to proceed to remove the goods seized with a view to a realization by sale of the amount due under the Execution Order, together with all fees and expenses occasioned by the seizure, including the actual cost of such removal.

8. For each man properly and necessarily left in possession of goods or chattels while under seizure under an Execution Order:
If boarded, per diem .. If not boarded, per diem ..	£0 9s. od. £0 12s. 6d.
(Not more than two men to be allowed for in any case and where the fee prescribed in Item 5 of this Schedule is payable, this fee not to be charged unless the man or men are in possession for a period exceeding three hours.)
(Payable by and leviable from the party against whom the Execution Order is directed).
9. For the sustenance and keeping of cattle or other animals while under seizure under an Execution Order, and the storage of all other chattels movable pending the sale thereof	The expenses reasonably and necessarily incurred—payable by and leviable from the party against whom the Execution Order is directed.
10. For every sale by auction of chattels movable or chattels real under an Execution Order	The expenses reasonably and necessarily incurred.
(Payable by and leviable from the party against whom the Execution Order is directed.)

11. In every case where expenses have been incurred by an Under-Sheriff for the purpose of executing an Execution Order, if the same shall be settled, or shall be withdrawn by reason of the intervention of a Court having bankruptcy jurisdiction, or by reason of a Winding-up Order being made by any Court, or shall for some reason other than default on the part of the Under-Sheriff or his Court Messengers be withdrawn by the party at whose instance the Under-Sheriff was required to execute such Execution Order, the Under-Sheriff shall be entitled to be paid by the Solicitor or party demanding the execution of such Execution Order the expenses properly incurred by him (not exceeding what is provided for by this Schedule), and in addition, where the Under-Sheriff or his Court Messenger has gone into possession of goods, the poundage as provided in this Schedule, on the amount stated to be due for debt and costs in such Execution Order.

12. In every case where the execution of any Execution Order directing the execution of an Order of the Court by putting a person in possession of lands or premises for non-payment of rent is stayed by payment of the rent and costs after the delivery of such Execution Order to the Under-Sheriff, but before execution, the Under-Sheriff shall be entitled to the expenses properly incurred by him for the purpose of executing such Execution Order under the foregoing provisions of this Schedule, and such expenses shall be added to and be deemed part of such costs.

13. For filing every Execution Order (to be paid by the person requiring the return to such Order to be filed) .. ... ...	£0 2s. 6d.
14. For every bond of indemnity, exclusive of stamps: If one person bound ... If more than one bound ...	£0 10s. od. £1 0s. od.
15. For search for execution and certificate of search ...	£0 7s. 6d.
16. For perusal, approval and execution of Deed of Assignment or Bill of Sale:— If the purchase money does not exceed £100 .. .. .. If it exceeds £100 ... ...	£0 15s. od. £1 10s. od.

THIRD SCHEDULE.

DISTRICT COURT.

1. On lodgment of an Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property, the appropriate fee according to the following scale is to be paid to the Under-Sheriff at the time of lodgment by the party lodging the Execution Order. Such fee shall be leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff on recovery by him from such party.

SCALE.
Amount to be levied by Under-Sheriff on foot of Execution Order.	Fee to be paid by party lodging Execution Order.
£2 or under .. .. Over £2, but under £5 ... ... Over £5, but under £15 ... ... Over £15 ... ... ... ...	(a) 2/6 (b) 2/6 (a) 3/6 (b) 4/— (a) 5/— (b) 6/— (a) 6/— (b) 7/—
The fee marked (a) applies where the decree is to be executed in the Dublin Metropolitan Area or in the Cities of Cork, Limerick, or Waterford.
The fee marked (b) applies to all other cases.
2. For executing any Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property:	One shilling in the pound (or for any fractional part of the pound) on the amount stated in the Execution Order to be due for debts and costs of the entire amount shall be levied, or if the entire amount shall not be levied then on the amount actually levied payable by and leviable from the party against whom the Execution Order is directed.
3. For executing any Execution Order directing or authorising the execution of an Order of the Court by putting a person in possession of lands or premises:
Where the annual rent or poor-law valuation does not exceed £10 .. .. ..	£2 2s. od.
Where the annual rent or poor-law valuation exceeds £10	£3 3s. od.

(Payable in the first instance by the party entitled to execution but leviable from the party against whom the Execution Order is directed, and repayable by the Under-Sheriff on recovery from such party.)

Where the personal attendance of the Under-Sheriff shall be required by the party entitled to execution, one shilling and sixpence additional shall be paid to the Under-Sheriff for every statute mile he shall travel from his office by the nearest public road, one way only.

(This mileage is to be paid by the party requiring the attendance of the Under-Sheriff, and shall not be charged against the opposite party.)

4. For the removal of goods seized to a place of safe keeping:

The actual and necessary costs of such removal to be paid by the party against whom the Execution Order is directed.

5. Where the necessary conveyance or conveyances have arrived at the residence of any party or at the place of seizure of the goods of any party for the purpose of removing the goods and chattels seized, but before the actual removal thereof, the party against whom the Execution Order is directed or some person on his behalf tenders to the Under-Sheriff or Court Messenger the amount due on foot of the Execution Order, together with the fees and expenses payable in respect of such seizure, the party against whom the Execution Order is directed shall pay as part of Under-Sheriff's expenses the actual cost incidental to the bringing of such conveyance or conveyances for the purpose of such removal, and in default of so doing the Under-Sheriff or his Court Messenger shall be entitled to refuse the amount tendered, and to proceed to remove the goods seized, with a view to a realisation by sale of the amount due under the Execution Order, together with all fees and expenses occasioned by the seizure, including the actual cost of such removal.

6. For each man properly and necessarily left in possession of goods or chattels while under seizure under an Execution Order:
If boarded, per diem .. If not boarded, per diem ..	£0 9s. od. £0 12s. 6d.
(Not more than two men to be allowed for in any case.)
(Payable by and leviable from the party against whom the Execution Order is directed.)
7. For the sustenance and keeping of cattle or other animals while under seizure under an Execution Order, and the storage of all other chattels movable pending the sale thereof	The expenses reasonably and necessarily incurred payable by and leviable from the party against whom the Execution Order is directed.
8. For every sale of chattels movable or chattels real under an Execution Order	The expenses reasonably and necessarily incurred—payable by and leviable from the party against whom the Execution Order is directed.

9. In every case where expenses have been incurred by an Under-Sheriff for the purpose of executing an Execution Order, if the same shall be settled, or shall be withdrawn by reason of the intervention of a Court having bankruptcy jurisdiction, or by reason of a Winding-up Order being made by any Court, or shall for some reason other than default on the part of the Under-Sheriff or his Court Messengers be withdrawn by the person or persons at whose instance the Under-Sheriff was required to execute such Execution Order, the Under-Sheriff shall be entitled to be paid by the Solicitor or person demanding the execution of such Execution Order the expenses properly incurred by him (not exceeding what is provided for by this Schedule), and in addition, where the Under-Sheriff or his Court Messenger has gone into possession of goods, the poundage as provided in this Schedule on the amount stated to be due for debt and costs in such Execution Order.

10. In every case where the execution of an Execution Order directing the execution of an Order of the Court by putting a person in possession of lands or premises for non-payment of rent is stayed by payment of the rent and costs after the delivery of such Execution Order to the Under-Sheriff, but before execution, the Under-Sheriff shall be entitled to the expenses properly incurred by him for the purpose of executing such Execution Order under the foregoing provisions of this Schedule, and such expenses shall be added to and be deemed part of such costs.