S.I. No. 230/1963 - Sheriffs' Fees Order, 1963.

S.I. No. 230 of 1963.

SHERIFFS' FEES ORDER, 1963.

I, CHARLES J. HAUGHEY, Minister for Justice, in exercise of the powers conferred on me by subsection (1) of section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), and by virtue of the operation of section 54 of the Court Officers Act, 1926 (No. 27 of 1926), and section 12 of the Court Officers Act, 1945 (No. 25 of 1945), and with the consent of the Minister for Finance hereby order as follows:

1.—(1) This Order may be cited as the Sheriffs' Fees Order, 1963.

(2) The Sheriffs' Fees Orders, 1926 to 1958, and this Order may be cited together as the Sheriffs' Fees Orders, 1926 to 1963.

2.—(1) The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

(2) References in this Order to the sheriff shall include references to the county registrar.

3. The provisions of the Sheriffs' Fees Orders, 1926 to 1958, shall not apply in relation to the fees and expenses chargeable by and payable to sheriffs for their services in or about the execution of execution orders referred to in section 100 of the Finance Act, 1963 (No. 23 of 1963).

4.—(1) The fees and expenses set out in the Schedule hereto shall be chargeable by and payable to sheriffs for their services in or about the execution of execution orders referred to in section 100 of the Finance Act, 1963 (No. 23 of 1963).

(2) Where the fee specified at reference number 1 in the Schedule hereto in respect of the lodgment of an execution order is incurred, it shall be paid to the sheriff concerned by the party lodging the order at the time of lodgment.

(3) Where any of the fees or expenses specified at reference numbers 2 to 7 in the Schedule hereto are incurred in the execution of an execution order, they shall be deducted by the sheriff concerned from the proceeds of sale of any property seized by such sheriff in the course of such execution.

5.—(1) Where the case to which an execution order relates is settled after a sheriff or his court messenger has entered into possession of the property to which the order relates, any expenses specified at reference numbers 3 to 6 in the Schedule hereto which have been incurred in relation to the execution of the order and the fee specified at reference number 2 in the Schedule hereto on the amount involved in the settlement shall be paid to the sheriff by the party entitled to execution, subject to the limitation that the fee shall not exceed the fee which, but for the settlement, would be payable on the amount stated in column (4) of Part II of the Schedule to the execution order.

(2) For the purposes of paragraph (1) of this Article it shall be assumed, until proof to the contrary is given to the sheriff by or on behalf of the party entitled to execution, that the amount involved in the settlement aforesaid is equal to the amount stated in column (4) of Part II of the Schedule to the execution order.

(3) Where a sheriff or his court messenger has gone into possession of goods and the execution order has been withdrawn by reason of the intervention of a court having bankruptcy jurisdiction or by reason of a winding-up order having been made by any court, the fee specified at reference number 2 in the Schedule hereto on the amount stated in column (4) of Part II of the Schedule to the execution order and any expenses specified at reference numbers 3 to 6 which have been incurred in relation to the execution of the order shall be paid to the sheriff by the party entitled to execution.

6. Where—

(a) a sheriff or his court messenger arrives at the residence of any party or at the place of seizure of the property of any party for the purpose of seizing and removing the property, and

(b) after entry into possession of the property but before the removal thereof, the party against whom the execution is directed or some person on his behalf pays to the sheriff or his court messenger the amount stated in column (4) of Part II of the Schedule to the execution order, the sheriff may deduct from the amount paid the appropriate fees and expenses specified at reference numbers 2 to 5 in the Schedule hereto.

7. Where, before a sheriff or his court messenger enters into possession of the property to which an execution order relates, the order is 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 for some other reason other than the default of the sheriff or his court messenger or the case to which the order relates is settled, any expenses specified at reference numbers 3 and 5 in the Schedule hereto which have been incurred in relation to the execution of the order shall be paid by the party entitled to execution.

SCHEDULE

Fees and expenses chargeable by and payable to sheriffs for their services in or about the execution of execution orders to which section 100 of the Finance Act, 1963 , applies

The fee marked (a) applies where the order is to be executed in the Dublin Metropolitan District or in the county borough of Cork, Limerick or Waterford. The fee marked (b) applies in all other cases.

2. Sheriff's fee for executing an execution order

(1) Where the amount stated in column (4) of Part II of the Schedule to the execution order, or, if that amount is not levied, the amount actually levied, does not exceed £100

5% of the amount

(2) Where the amount stated in column (4) of Part II of the Schedule to the execution order, or, if that amount is not levied, the amount actually levied, exceeds £100

5% of the first £100 and 2½% of the portion exceeding £100

(3) for the purposes of paragraphs (1) and (2), a fraction of £i in the amount stated in column (4) of Part II of the Schedule to the execution order, or in the amount actually levied, shall be regarded as £1.

3. For the services of a court messenger or court messengers for executing an execution order

(1) Fee: 15/-d. for each court messenger.

(2) Travelling expenses: 1/6d. per statute mile, one way provided that the place of execution is more than 5 miles from the sheriff's office measured by the nearest public road.

4. For each man properly and necessarily left in possession of goods or chattels while under seizure under an execution order

(Not more than two men shall be charged for in any case and where the fee prescribed at reference number 3 in this Schedule is payable this fee shall not be charged unless the man or men is or are in possession for a period exceeding 3 hours)

5. Expenses in connection with the removal of property seized

The actual and necessary costs incurred.

6. Expenses in connection with 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.

7. Expenses in connection with auctioning of chattels movable or chattels real under an execution order

The expenses reasonably and necessarily incurred.

GIVEN under my Official Seal, this 25th day of November, 1963.

CHARLES J. HAUGHEY

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance this 25th

day of November, 1983.

SÉAMUS Ó RIAIN

Minister for Finance.

EXPLANATORY NOTE

The Order amends the Sheriffs' Fees Orders, 1926 to 1958, and is necessitated by the change effected by section 100 of the Finance Act, 1963 (No. 23 of 1963), which prescribes a new form of execution order for use in certain Revenue proceedings instituted in the High Court or the Circuit Court.