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S.I. No. 177/1937 -- District Court (Fees) Order, 1937.

S.I. No. 177/1937 -- District Court (Fees) Order, 1937. 1937 177

No. 177/1937:

DISTRICT COURT (FEES) ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of Section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), that it shall be lawful for the Minister for Justice, by order made with the consent of the Minister for Finance, to prescribe and from time to time as occasion requires vary or otherwise revise the fees to be charged in the several offices established by the Court Officers Act, 1926 (No. 27 of 1926), as amended by subsequent enactments (including the said Courts of Justice Act, 1936 ), and the persons by whom and the occasions on which such fees are to be paid and the officers by whom and the manner in which such fees are to be collected:

NOW, I, PATRICK J. RUTTLEDGE, Minister for Justice, in exercise of the powers conferred on me by sub-section (1) of Section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), and of every and any other power me in this behalf enabling, do, with the consent of the Minister for Finance testified by his official seal affixed thereto, hereby order as follows:—

1. This Order may be cited as the District Court (Fees) Order, 1937, and shall come into operation on the lst day of October, 1937.

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

3. The fees set out in the second column of the Schedule to this Order shall be charged in the District Court Offices, and shall be payable, subject to the exceptions set out in Article 4 of this Order, by every person in respect of the items set out in the first column of the said Schedule.

4. The fees referred to in Article 3 of this Order shall not be payable by the following persons, whenever any of such persons is engaged in a prosecution at the suit of the Attorney-General of Saorstát Eireann, or in a prosecution by the Gárda Síochána, or the Revenue Commissioners, or the Minister for Posts and Telegraphs, or the Minister for Defence, that is to say:—

(i) State Solicitor,

(ii) Members of the Gárda Síochána,

(iii) Persons who may be witnesses for the prosecution.

5. The following provisions apply to the items set out in the first column of the Schedule to this Order:

(a) the fees to be taken in respect of the said items shall be taken by stamps,

(b) the stamps used for denoting the said fees shall be of the character prescribed in the fourth column of the Schedule to this Order and shall be applied to the documents mentioned in the third column of the said Schedule,

(c) the Justice of the District Court, or Peace Commissioner, or Clerk of the District Court who issues or receives any document to which an adhesive stamp is affixed shall cancel such stamp by signing his name upon the same.

SCHEDULE OF FEES.

SECTION I—Fees payable in cases of summary jurisdiction and preliminary investigation of indictable offences.

SECTION II—Fees payable in civil proceedings.

SECTION III—Fees payable in licensing matters.

SECTION IV.—Fees payable on appeals to the Circuit Court.

SECTION V.—Fees payable on case stated.

SECTION I.

FEES PAYABLE IN CASES OF SUMMARY JURISDICTION AND THE PRELIMINARY INVESTIGATION OF INDICTABLE OFFENCES.

Item	Fee			Document to be stamped	Character of stamp
	£	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.		2	0	The original summons.	Adhesive.
2. On making an information (other than an information to lead to the committal of a dangerous lunatic, upon which no fee shall be charged).		2	0	The original information.	Adhesive.
3. On obtaining a copy of an information.		2	0	The copy supplied.	Adhesive.
4. On entering into a recognizance other than a recognizance for attendance at a sitting of the District Court, or a recognizance at foot of an information or deposition.		2	6	The recognizance.	Adhesive.
5. On obtaining a certified copy of a conviction, warrant or order.		4	0	The copy supplied.	Adhesive.

SECTION II.

FEES PAYABLE IN CIVIL PROCEEDINGS.

Item	Fee			Document to be stamped	Character of stamp
	£	s.	d.
1. On the issue of a civil process (other than an ejectment, default, or special default civil process).		1	6	The original civil process.	Impressed.
2. On the issue of a default or special default civil process.		2	0	The original civil process.	Impressed.
3. On the issue of a civil process in ejectment.		3	0	The original civil process.	Impressed.
4. On the issue of a decree or dismiss (other than a decree or dismiss in ejectment).		1	6	The original decree or dismiss.	Impressed or adhesive.
5. On the issue of a decree or dismiss in ejectment.		3	0	The original decree or dismiss.	Impressed or adhesive.
6. On inspecting and examining the Civil Process Book.		3	0	The requisition for inspection.	Impressed or adhesive.
7. On inspecting and examining the Ejectment Book.		3	0	The requisition for inspection.	Impressed or adhesive.
8. On the issue of a certificate of payment of rent and costs as provided by Rule 119 of the District Court Rules.		1	0	The certificate issued.	Impressed or adhesive.
9. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum		2	0	The original summons.	Impressed or adhesive.
10. On the issue of a notice of motion.		2	0	The original notice of motion.	Impressed or adhesive
11. On obtaining a copy of the statement of means as provided by Rule 128 of the District Court Rules.		2	0	The copy furnished.	Adhesive.
12. On lodging with the Clerk of the District Court an affidavit grounding an application for an examination order as provided by Rule 124 of the District Court Rules.		2	0	The affidavit lodged.	Adhesive.
13. On the issue of an examination order.		2	0	The original order.	Adhesive.
14. On the issue of an order for the payment of debt and costs as provided by Section 17 of the Enforcement of Court Orders Act, 1926 .		2	0	The original order.	Adhesive.
15. On the issue of a summons for committal in default of payment as provided by Rule 131 of the District Court Rules.		2	0	The original summons.	Adhesive.
16. On the issue of an order for committal under Section 18, sub-section 1, of the Enforcement of Court Orders Act, 1926 .		1	0	The original order.	Adhesive.

SECTION III.

FEES PAYABLE IN LICENSING MATTERS.

Item	Fee			Document to be stamped	Character of stamp
	£	s.	d.
1. On obtaining an interim transfer of a licence.		10	0	The receipt for the licence duty upon which the endorsement is made.	Adhesive.
2. On the issue of a certificate of transfer of a licence.		10	0	The certificate issued.	Adhesive.
3. On the issue of a certificate of renewal of a licence.		2	6	The certificate issued.	Adhesive.
4. On the issue of a certificate for the grant of a Wholesale Beer Dealer's licence.		10	0	The certificate issued.	Adhesive.
5. On the issue of a certificate of refusal as provided by Rule 158 of the District Court Rules.		2	6	The certificate issued.	Adhesive.
6. On lodgment with the Clerk of the District Court of a notice of intention to apply for a certificate of transfer of a licence.		5	0	The notice of intention lodged.	Adhesive.
7. On the issue of a certificate of registration of a club.	3	0	0	The certificate issued.	Adhesive.
8. On obtaining an Exemption Order or any authorization for extension of club hours pursuant to Section 21 of Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924).		10	0	The Order issued.	Adhesive.
9. On the issue of a certificate for an occasional licence.		5	0	The certificate issued.	Adhesive
10. On inspecting the Licensing Register or Clubs Register.		5	0	The requisition for inspection.	Adhesive.
11. On the issue of a licence to keep Petroleum or other subtances of a like nature (Petroleum Act, 1871, and Acts amending same).		10	0	The licence issued.	Adhesive.
12. MoneyLenders, Certificate.	5	0	0	The certificate issued.	Adhesive.
13. Public Dancing Licence.	2	0	0	The licence issued.	Adhesive.
14. Public Dancing Licence for period not exceeding one month.		5	0	The licence issued.	Adhesive.
15. Any certificate or licence upon which no other fee is chargeable.		2	6	The certificate or licence issued.	Adhesive.

SECTION IV.

FEES PAYABLE ON APPEALS TO THE CIRCUIT COURT.

Item	Fee			Document to be stamped	Character of stamp
	£	s.	d.
1. On lodgment with the Clerk of the District Court of the notice of appeal.		2	6	The notice lodged.	Adhesive.
2. On entering into any recognizance.		2	6	The recognizance.	Adhesive.
3. On having forwarded by the Clerk of the District Court to the County Registrar the copy of the conviction, certificate of refusal, certified copy of certificate for a licence, warrant or special order.		2	6	The document forwarded.	Adhesive.

SECTION V.

FEES PAYABLE ON A CASE STATED.

Item	Fee			Document to be stamped	Character of stamp
	£	s.	d.
1. On the delivery of a case stated :
(a) where the case does not exceed five folios of 90 words each;		10	0
(b) where the case exceeds five folios then for every additional folio.		1	0	The original case stated.	Adhesive.
2. On entering into a recognizance.		5	0	The recognizance.	Adhesive.
3. On the issue of a certificate of refusal of a case stated.		5	0	The certificate issued.	Adhesive.

Given under my Seal of Office this 6th day of July, 1937.

PATRICK J. RUTTLEDGE,

Minister for Justice

S. A. ROCHE.

Minister for Finance hereby consents to the foregoing Order.

SEAN MACENTEE,

Minister for Finance.