S.I. No. 35/1963 - Supreme Court and High Court (Fees) Order, 1963

S.I. No. 35 of 1963.

SUPREME COURT AND HIGH COURT (FEES) ORDER, 1963

I, CHARLES J. HAUGHEY, 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, 1963.

2. This Order shall come into operation on the 8th day of March, 1963.

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

4. The First Schedule to the Supreme Court and High Court (Fees) Order, 1956 ( S.I. No. 251 of 1956 ), shall have effect as if, in the First Schedule to that Order—

(a) " attested " were substituted for " office " where that word occurs in Part I;

(b) the following were substituted for the matter at reference number 4 in Part II :

" On drawing up and enterin—
(a)an interlocutory order		15	0	The order
(b) a final order	1	10	0	The order

(d) the following were inserted before reference number 3 in Part III :

" 2A.	On sealing a special summons and filing a copy"	2	0	0	The filed copy
2B	On sealing a concurrent special summons	1	0	0	The filed copy

(e) the following were substituted for the matter in the first column at reference number 9 in Part III : " On sealing any State Side Order under Order 84, Rule 1 of the Rules of the Superior Courts ";

(f) the following paragraphs were respectively substituted for paragraphs (a) and (d) in the first column at reference number 22 in Part III :

" (a) an order made under Order 42, Rule 35 of the Rules of the Superior Courts

(d) any final order of the Court or a Judge except an order on foot of a certificate under Order 36, Rule 39 of the Rules of the Superior Courts ";

(g) the following were inserted after reference number 23 in Part III :

" 23A	On subpoena ad testificandum or duces tecum	7	6	The order
23B	Commission to examine witness or request in lieu of	7	6	The order
23C	On entering judgment in the Central Office in default of appearance of pleading	12	6	The judgment

(h) the following were substituted for the matter in the first column at reference number 25 in Part III : " On a certificate under Order 36, Rule 39 of the Rules of the Superior Courts ";

(i) the following were substituted for the matter in the first column at reference number 71 in Part III : " On a certificate under Order 64, Rule 46, paragraph 9 of the Rules of the Superior Courts—

where the sum claimed does not exceed £50

where the sum claimed exceeds £50 but does not exceed £100

where the sum claimed exceeds £100 ";

(j) the following were substituted for the matter in the first column at reference number 72 in Part III : " On issuing any warrant, attachment, release, decree, order, commission or other instrument under Order 64, Rule 56 of the Rules of the Superior Courts ";

(k) " 3 " were substituted for " *3 " in the second column in Part III at reference number 74 and " The order " were inserted in the third column in Part III at that reference number;

(l) " 2 " were substituted for " *2 " in the second column in Part III at reference number 75 and " The order " were inserted in the third column in Part III at that reference number;

(m) the following were inserted in Part III after reference number 79 :

" BANKRUPTCY

80. On every petition of bankruptcy	4	0	0	The petition
81. On every petition of arrangement	4	0	0	The petition
82. On every debtor's summons	2	0	0	The summons
83. On every bond, with or without sureties		7	6	The bond
84. On every subpoena or summons other than a debtor's summons		5	0	The subpoena or summons
85. On every affidavit		7	6	The affidavit
86. On every order for annulment of adjudication	2	0	0	The Order
87. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter		2	6	The search docket

APPLICATIONS AND APPEALS UNDER THE SOLICITORS ACTS, 1954 and 1960

88. On lodging a notice of motion of application under subsection (3) of section 48 of the Solicitors Act, 1954	5	The notice
89. On lodging a notice of motion of appeal under subsection (5) of section 49 of the Solicitors Act, 1954	2	The notice
90. On lodging a notice of motion of appeal under subsection (2) of section 51 of the Solicitors Act, 1954	2	The notice
91. On lodging a notice of motion of appeal under subsection (3) of section 60 of the Solicitors Act, 1954	2	The notice
92. On lodging a notice of motion of appeal under section 45 of the Solicitors Act, 1954	2	The notice
93. On lodging a notice of motion of application under section 47 (6) of the Solicitors Act, 1954	2	The notice
94. On lodging a notice of motion of application under section 10 of the Solicitors (Amendment) Act, 1960	5	The notice

(n) " *These fees are to be paid by transfer from the proceeds in Court to the account of fees on proceedings." were deleted in the first column at the end of Part III;

(o) the following were substituted for the matter at reference number 1 in Part V :

" On a Notice to Tax, except on an ex parte taxation

The notice

and

(p) the matter at reference numbers 1 to 8 in Part VII were deleted.

GIVEN under my Official Seal, this 26th day of February, 1963.

CHARLES J. HAUGHEY,

Minister for Justice

I hereby consent to the making of the foregoing Order.

GIVEN under my Official Seal, this 26th day of February, 1963.

SÉAMUS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE

The Order makes necessary amendments in the provisions of the Supreme and High Court (Fees) Order, 1956, following changes made in jurisdiction and court practice and procedure by the Solicitors (Amendment) Act, 1960 (No. 37 of 1960), the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961) and the Rules of the Superior Courts ( S.I. No. 72 of 1962 ).