S.I. No. 250/1956 - District Court (Fees) Order, 1956.

S.I. No. 250 of 1956.

DISTRICT COURT (FEES) ORDER, 1956.

I, JAMES EVERETT, 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), with the consent of the Minister for Finance, hereby order as follows :

1. This Order may be cited as the District Court (Fees) Order, 1956.

2. This Order shall come into operation on the 1st day of October, 1956.

3. The Interpretation Act, 1937 (No. 38 of 1937), applied to this Order.

4.—(1) The fees set out in the second column of the Schedule shall be charged in the District Court Offices in respect of the items set out in the first column.

(2) The District Court (Fees) Order, 1937 ( S. R. & O. No. 177 of 1937 ), the District Court (Fees) Order, 1939 ( S. R. & O. No. 181 of 1939 ), and the District Court (Fees) Order, 1944 ( S. R. & O. No. 343 of 1944 ), shall cease to have effect.

5.—(1) In this Article—

" maintenance order " means an order made under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886 (whether or not such order has been varied), and " maintenance proceedings " means any proceedings authorized by that Act to be taken by any person, any proceedings for the enforcement of a maintenance order and any appeal to the Circuit Court arising out of any such proceedings ;

" affiliation order " means an order made under section 3 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930) (whether or not such order has been varied), and " affiliation proceedings " means any proceedings authorised by that Act to be taken by any person, any proceedings for the enforcement of an affiliation order and any appeal to the Circuit Court arising out of any such proceedings.

(2) No fee shall be payable under this Order in any maintenance proceedings or affiliation proceedings—

(a) by the applicant for a maintenance order or affiliation order, or

(b) by a person to whom a sum or a weekly sum is payable by virtue of a maintenance order or affiliation order or a person claiming to be the proper person to receive such a weekly sum.

6.—(1) 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,

(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.

(2) No fee shall be payable 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 Garda Síochána,

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

7.—(1) The fee in relation to each item shall be taken by means of a stamp affixed to or impressed on the document indicated in the third column of the Schedule.

(2) The stamp may be an impressed or adhesive stamp, save where the Schedule indicates that an impressed stamp is to be used.

8. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the Clerk of the District Court Office who issues or receives the document.

SCHEDULE.

FEES PAYABLE IN THE DISTRICT COURT OFFICES.

PART	I.	Fees payable in cases of Summary Jurisdiction.
PART	II.	Fees payable in Civil Proceedings.
PART	III.	Fees payable in Enforcement of Court Orders Proceedings.
PART	IV.	Fees payable in Licensing Matters.
PART	V.	Fees payable in Appeals to the Circuit Court other than Appeals in Criminal Cases.
PART	VI.	Fees payable in Cases Stated.
PART	VII.	Fees payable in certain Proceedings under the Rent Restrictions Acts.
PART	VIII.	Fees payable in Appeals under the Betting Act, 1931 .

PART I.

FEES PAYABLEIN CASE OF SUMMARY JURISDICTION.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On the issue of a summons (whether against one defendant or against several joint defendants) or for the attendance of one or more witnesses		5	0	The original summons.
2. On obtaining a copy of an information		5	0	Each copy supplied.
3. On entering into a recognizance to keep the peace and/or be of good behaviour		6	0	The recognizance.
4. On obtaining a certified copy of an order, signed entry or other document furnished under Rule 85 of the District Court Rules, 1948 :				The copy.
(a) where the document does not exceed five folios of 72 words each		5	0
(b) where the document exceeds five folios:—
for the first five folios		5	0
for each additional folio		1	0

PART II

FEES PAYABLE IN CILVIL PROCEEDINGS.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On the issue of a civil process		5	0	The original civil process. (Impressed stamp to be used).
2. On the issue of a decree or dismiss		5	0	The original decree or dismiss.

3. On inspecting and examining the Civil Process Book or Ejectment Book		5	0	The requisition for inspection.

4. On the issue by the Clerk of the District Court of a receipt for payment of rent and costs		2	6	The receipt.
5. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum		5	0	The original summons.
6. On the issue of a notice of motion		3	0	The original notice of motion.

PART III.

FEES PAYABLE IN ENFORCEMENT OF COURT ORDERS PROCEEDINS.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On obtaining a copy of a statement of means		5	0	The copy.
2. On lodging with the Clerk of the District Court an affidavit grounding an application for an examination order		5	0	The affidavit.
3. On the issue of an examination order		5	0	The original order.
4. On the issue of an order for the payment of debt and costs		5	0	The original order.
5. On the issue of a summons for committal in default of payment		5	0	The original summons.
6. On the issue of an order for committal		5	0	The original order.

PART IV.

FEES PAYABLE IN LICENSING MATTERS.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On the issue of a certificate for the grant of a spirit grocer's and/or a retail beer dealer's licence :				The certificate.
(a) if the premises have already been licensed so that, had the licence been an on-licence, an interim transfer could have been granted	1	0	0
(b) in any other case	3	0	0
2. On obtaining an interim transfer of a licence	1	0	0	The licence or other document upon which the endorsement of transfer is made.
3. On the issue of a certificate of transfer of a licence	1	0	0	The certificate.
4. On the issue of a certificate of renewal of a licence	1	0	0	The certificate.
5. On the issue of a certificate for the grant of a new Wholesale Beer Dealer's licence	1	0	0	The certificate.
6. On the issue of a certificate of refusal		5	0	The certificate.
7. On lodgment with the Clerk of the District Court of a notice of intention to apply for a certificate of grant or of transfer of a licence		10	0	The notice.
8. On the issue of a certificate of registration of a club	6	0	0	The certificate.
9. On obtaining a Special Exemption Order	1	0	0	The order.
10. On lodgment with the Clerk of the District Court of a notice of intention to apply for an Area Exemption Order	5	0	0	The notice.
11. On obtaining a General Exemption Order	3	0	0	The Order.
12. On obtaining an authorisation for an extension of club hours	1	10	0	The authorisation.
13. On the issue of a certificate for an occasional licence	1	0	0	The certificate.
14. On the issue of a Restaurant certificate	1	0	0	The certificate.
15. On inspecting the Licensing Register or Clubs Register		10	0	The requisition for inspection.
16. On the issue of a licence to keep petroleum or other substances of a like nature (Petroleum Act, 1871, and Acts amending same)	1	0	0	The licence.
17. On the issue of a Money Lender's Certificate	10	0	0	The certificate.

PART IV—contd.

Item.	Fee.			Document to be stamped.
	£	s.	d.
18. On the issue of a Public Dancing Licence for a period not exceeding one month	1	0	0	The licence.
19. On the issue of any other Public Dancing Licence	5	0	0	The licence.
20. On the issue of any certificate or licence upon which no other fee is chargeable	1	0	0	The certificate licence.

PART V.

FEES PAYABLE ON APPEALS TO THE CIRCUIT COURT OTHER THAN APPEALS IN CRIMINAL CASES.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On lodgment with the Clerk of the District Court of the notice of appeal		5	0	The notice.
2. On entering into any recognizance		5	0	The recognizance.
3. In licensing cases, on having forwarded by the Clerk of the District Court to the County Registrar the certificate or order of the justice		5	0	The certificate or order.

PART VI.

FEES PAYABLE IN CASES STATED.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On delivery of a case stated :
(a) where the case does not exceed five folios of 72 words each		10	0	The original case stated.
(b) where the case exceeds five folios :—
for the first five folios		10	0
for each additional folio		1	0
2. On entering into a recognizance		5	0	The recognizance.
3. On the issue of a certificate of refusal of a case stated		5	0	The certificate.

PART VII.

FEES PAYABLE IN CETAIN PROCEEDINGS UNDER THE RENT RESTRICTIONS ACTS.

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On every application (including an application by a landlord under section 31 of the Rent Restrictions Act, 1946 )		5	0	The application
2. On every order of the Court determining the application		5	0	The order.

PART VIII.

FEES PAYABLE IN APPEALS UNDER THE BETTING ACT, 1931

Item.	Fee.			Document to be stamped.
	£	s.	d.
1. On every notice of appeal under section 13 of the Betting Act, 1931	3	0	0	The notice.

GIVEN under my Official Seal this 26th day of September, 1956.

JAMES EVERETT,

Minister for Justice.

I consent to making of the foregoing Order.

GIVEN under my Official Seal this 26th day of September, 1956.

GERARD SWEETMAN,

Minister for Finance.

EXPLANATORY NOTE.

The effect of this Order is to increase the fees at present authorised to be charged in District Court Offices. The present fees are prescribed in the District Court (Fees) Orders of 1937, 1939 and 1944. In accordance with Article 4 (2), these Orders will cease to have effect.