S.I. No. 53/1966 - Circuit Court (Fees) Order, 1966

S.I. No. 53 of 1966.

CIRCUIT COURT (FEES) ORDER, 1966

I, BRIAN LENIHAN, 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 Circuit Court (Fees) Order, 1966.

2. This Order shall come into operation on the 1st day of April, 1966.

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

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

(2) The Circuit Court (Fees) Order, 1956 ( S.I. No. 249 of 1956 ), is hereby revoked.

5.—(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.

6. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the officer in the Circuit Court Office who issues or receives the document.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES

PART I—General

PART II—Civil Proceedings

PART III—Equity Proceedings

PART IV—Proceedings under the Workmen's Compensation Acts

PART V—Proceedings under the Rent Restrictions Act, 1960 , and the Landlord and Tenant Acts

PART VI—Proceedings under the Licensing Acts and the Registration of Clubs Acts

PART VII—Proceedings under the Registration of Title Acts

PART VIII—Appeals under the Valuation Acts

PART I

GENERAL

Item	Fee			Document to be stamped
	£	s.	d.
1. On every advertisement		10	0	The request for approval or drafting.
2. On every affidavit filed		7	6	The affidavit.
3.On every affidavit sworn before an officer (in addition to No. 2)		5	0	The requisition.
4.On every attendance of an officer to produce records, for each day or part thereof (in addition to the officer's expenses)	1	0	0	The request for attendance.
5. On every bond		7	6	The bond.
6. On every search		7	6	The requisition to search.
7. On every certificate		7	6	The certificate.
8. On every copy of any document supplied by the office, for each folio of seventy-two words		1	9	The copy.
9. For examining a written or printed copy and marking the same as an office copy, per folio of seventy-two words		0	9	The copy certified.
10. On every indemnity in a civil case		7	6	The filed document.
11. On every order not hereinafter specifically provided for		10	0	The requisition.

Item	Fee			Document to be stamped
	£	s.	d.
12. On every recognizance		7	6	The recognizance.
13. On every witness summons		7	6	The requisition for issue.
14. On every stamping of an unstamped document given in evidence	2	0	0	The requisition to stamp. (Impressed stamp to be used).
15. On entry of every notice of motion		7	6	The original notice for filing.
TAXATION
Note :—A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
16. On a summons to tax, except on an ex parte taxation		10	0	The summons.
17. On the taxation of a bill of costs— for every full £5 in the amount (including witnesses' expenses) allowed		2	6	The bill.
18. On the issue of a certificate of taxation		15	0	The certificate.

PART II

CIVIL PROCEEDINGS

Item	Fee			Document to be stamped
	£	s.	d.
1. On the issue of any ordinary civil bill or summons (including Interpleader, Ejectment, Replevin, civil bills in relation to the grant or revocation of Probate or Letters of Administration and Criminal Injury Applications), irrespective of the amount involved	1	15	0	The original civil bill or summons. (Impressed stamp to be used).
2.On the entry for hearing of any civil bill or summons mentioned at Item 1, or any remitted action		7	6	The request for entry.

Item	Fee			Document to be stamped
	£	s.	d.
3. On the entry of a defence		7	6	The request for entry.
4. On filing every counterclaim or set-off		7	6	The request for entry.
5. On every decree, dismiss or judgment by consent or default entered in the office (including stamp on requisition)		7	6	The original decree, dismiss or judgment.
6. In addition to the fee at 5 above, on every decree, dismiss or judgment in respect of a sum of money exceeding, £50, for every full £25 in excess of £50		2	6	The original decree, dismiss or judgment.

PART III

EQUITY PROCEEDINGS

Item	Fee			Document to be stamped
	£	s.	d.
1. On the issue of every Equity civil bill or every petition under the Trustee Acts or in relation to the maintenance, etc., of the property of an infant or person of unsound mind, irrespective of the amount claimed or the value of the subject matter	1	15	0	The original civil bill or petition.
2. On the entry for hearing of a civil bill or petition under Item 1		7	6	The request for entry.
3. On the entry of a defence		7	6	The request for entry.
4. On every decree or order other than a final order made by the Circuit Judge in any proceeding under Item 1		15	0	The decree or order.
5. On every final order	1	0	0	The order.
6. On every ex parte or interlocutory order (including all orders for payment of money out of court)		10	0	The order.
7. On every affidavit lodging money under the Trustee Acts (inclusive)	1	10	0	The affidavit.

PART IV

PROCEEDINGS UNDER THE WORKMEN'S COMPENSATION ACTS

Item	Fee			Document to be stamped
	£	s.	d.
1. On every order granting or refusing compensation		10	0	The order.
2. On an application to the Judge at a date subsequent to the award		7	6	The application.
3. On every order subsequent to the original order		5	0	The order.
4. On every order for payment of money out of Court		5	0	The order.

PART V

PROCEEDINGS UNDER THE RENT RESTRICTIONS ACT, 1960 , AND THE LANDLORD AND TENANT ACTS

Item	Fee			Document to be stamped
	£	s.	d.
1. On every application under the Rent Restrictions Act, 1960 , or the Landlord and Tenant Acts	1	10	0	The application.
2. On every order of the Court determining the application		10	0	The order.
3. On the entry of a defence		7	6	The request for entry.
4. In addition to the fee at No. 2, on every order of the Court involving a sum of money exceeding £50, for every full £25 in excess of £50		2	6	The order.

PART VI

PROCEEDINGS UNDER THE LICENSING ACTS AND THE REGISTRATION OF CLUBS ACTS

Item	Fee			Document to be stamped
	£	s.	d.
1. On every application for a declaration under the Licensing Acts	5	0	0	The notice.
2. On every declaration under the Licensing Acts	2	0	0	The declaration.

Item	Fee			Document to be stamped
	£	s.	d.
3. On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts	9	0	0	The notice.
4. On every application for a certificate consequent on a declaration under the Licensing Acts	2	0	0	The notice.
5. On the grant of a certificate for a licence for the sale of intoxicating liquor	3	0	0	The certificate.
6. On every application for a declaration under the Registration of Clubs Acts	3	0	0	The notice.
7. On every declaration under the Registration of Clubs Acts	2	0	0	The declaration.

PART VII

PROCEEDINGS UNDER THE REGISTRATION OF TITLE ACTS

Item	Fee			Document to be stamped
	£	s.	d.
1. On every application	1	0	0	The notice.
2. On every affidavit filed		7	6	The affidavit.
3. On every order of the Court		15	0	The order.

PART VIII

APPEALS UNDER THE VALUATION ACTS

Item	Fee			Document to be stamped
	£	s.	d.
1. On notice of appeal—				The notice.
(a) where the existing rateable valuation does not exceed £30	1	5	0
(b) where the existing rateable valuation exceeds £30 but does not exceed £60	2	0	0
(c) where the existing rateable valuation exceeds £60 but does not exceed £100	3	0	0
(d) where the existing rateable valuation exceeds £100	5	0	0
2. On every order of the Court		15	0	The order.

GIVEN under my Official Seal, this 16th day of March, 1966.

Brian Lenihan,

Minister for Justice.

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

GIVEN under the Official Seal of the Minister for Finance, this 16th day of March, 1966.

John Lynch,

Minister for Finance.

EXPLANATORY NOTE

The effect of this Order is to increase the fees at present authorised to be charged in Circuit Court Offices. The present fees are prescribed in the Circuit Court (Fees) Order, 1956, which is revoked by this Order.

It should be noted that, by reason of section 42 of the Workmen's Compensation Act, 1934 , no court fees are payable by any party in any proceedings by or against a workman under the Workmen's Compensation Acts prior to the order of the Circuit Court granting or refusing compensation.

It should also be noted that, under section 25 of the Rent Restrictions Act, 1960 , no court fees are payable by the tenant in any proceedings (including any appeal or case stated) under Part III of the Act.