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S.I. No. 251/1956 - Supreme Court and High Court (Fees) Order, 1956.
Table of Provisions (80)
Statutory Text (80 Articles)
1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that no percentage shall be charged on any income not amounting to £150.
2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.
Section 3 : Calculation, collection and disposal.
The rules heretofore in operation under the Lunacy Regulation (Ireland) Act, 1871, with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged under this Order on such incomes and shall apply likewise or in an analogous manner to the percentage charged under this Order on the incomes of minors. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include (where the context so admits) a reference to his coming of age.
GIVEN under my Official Seal, this 26th day of September, 1956.
JAMES EVERETT,
Minister for Justice.
I hereby consent to the 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 and in certain cases the percentages at present authorised to be charged in those officesattached to the Supreme Court and the High Court which were established by the
Court Officers Act, 1926
. The Order replaces all the existing provisions for the charging of fees and percentages in those offices. The following is a list of the provisions in question
The Probate Fees Order of 20th February, 1865.
The Lunacy Regulation (Ireland) Act, 1871 (section 109).
The Matrimonial Fees Order of 7th January, 1871.
The Court Fees Order of 26th December, 1877.
The Customs and Inland Revenue Act, 1881 (section 33).
The Colonial Probates Order of 1st February, 1893.
The Admiralty Fees Order of 28th November, 1894.
The Bankruptcy Fees Order of 18th June, 1910.
The Court Fees (Supreme Court and High Court) Order, 1926 (
S. R. & O. No. 53 of 1926
).
3. For every certificate of a Probate Officer upon inspection of records that a grant has issued, where full records are not available owing to destruction by fire or otherwise
10
0
The certificate
4. For every certificate of search
10
0
The certificate
5. For swearing an affidavit or attesting the execution of a bond
3
0
The bond
6. For marking an exhibit
1
6
The exhibit or fee sheet.
(The total fee under heads 5 and 6 in any one case shall not exceed £1)
7. For completing the assignment of a bond
10
0
The bond
8. For every certificate signed by a Judge or by a Probate Officer or Assistant Probate Officer as to the authenticity of a copy of any document, or as to the identity of any person or the authority of any person to act in a specified capacity, or for any similar certificate
5
0
The certificate
9. For sealing such a certificate
2
6
The certificate
10. For every certificate of a Probate Officer or Assistant Probate Officer for which no other fee is prescribed by this Schedule
5
0
The certificate
11. For settling an advertisement in pursuance of a Court order
15
0
The copy order
THE SEAT OFFICE
The expression " primary grant " hereunder means the first grant to issue in respect of the estate of any deceased person.
The expression " section 33 case " hereunder means a case to which section 33 of the Customs and Inland Revenue Act, 1881, as extended by section 16 of the Finance Act, 1894, applies.
The expression " sealing fee " hereunder means the ad valorem or other fee chargeable in respect of sealing and issuing a grant.
Item
Fee
Document to be stamped
Fees Payable in Section 33 Cases
£
s.
d.
12. On any primary grant of Probate or Letters of Administration with or without will annexed
1
10
0
The oath of executor or oath of administrator
13. For resealing any grant of Probate or Letters of Administration with or without will annexed
2
6
The fee sheet
Fees Payable in Cases other than Section 33 Cases
14. Sealing fee on any grant of Probate or Letters of Administration with will annexed or on any primary grant of Letters of Administration Intestate :—
The fee sheet
where the net estate (both real and personal) as shown in the Affidavit or Affirmation for Revenue is under the value of
£
100
1
0
0
200
2
0
0
300
3
0
0
450
3
10
0
600
4
0
0
800
4
10
0
1,000
5
0
0
1,500
5
10
0
2,000
6
0
0
3,000
7
10
0
4,000
9
0
0
5,000
9
10
0
6,000
10
0
0
7,000
10
10
0
8,000
11
0
0
9,000
11
10
0
10,000
12
0
0
12,000
12
10
0
14,000
13
0
0
16,000
13
15
0
18,000
14
10
0
20,000
15
5
0
25,000
16
5
0
30,000
17
10
0
35,000
18
15
0
40,000
20
12
6
45,000
22
10
0
50,000
24
7
6
60,000
26
5
0
70,000
30
0
0
80,000
33
15
0
90,000
37
10
0
100,000
41
5
0
120,000
43
2
6
140,000
46
17
6
160,000
50
12
6
180,000
54
7
6
200,000
58
2
6
Item
Fee
Document to be stamped
£
£
s.
d.
250,000
61
17
6
300,000
71
5
0
350,000
80
12
6
400,000
83
15
0
500,000
86
17
6
for each additional £100,000 or any part thereof, a further additional fee of
6
5
0
15. Sealing fee for every double, cessate, unadministered, duplicate or triplicate Probate, and for every grant of Letters of Administration with will annexed de bonis non or cessate and every duplicate or triplicate Grant with will annexed
1
10
0
The fee sheet
16. Sealing fee for every duplicate or triplicate or cessate grant of Letters of Administration as on Intestacy, and for every grant of Letters of Administration de bonis non
1
10
0
The fee sheet
For resealing any grant of Probate or Letters of Administration with or without will annexed or any Scottish confirmation, such fee shall be charged as would at the time of application be payable as a sealing fee for a grant for property equal in amount to the property within the jurisdiction of the Court which is to be affected by the Probate or other instrument to be resealed. The stamp shall be affixed to the fee sheet.
17. Where any grant is sought by personal application, in addition to the above fees :—
The fee sheet
(a) where the net estate (both real and personal) as shown in the Affidavit or Affirmation for Revenue does not exceed the value of £200
1
0
0
(b) where the net estate (both real and personal) as shown in the Affidavit or Affirmation for Revenue exceeds the value of £200—
on the first £200
1
0
0
on every additional £100 or fraction thereof
7
6
(The total additional fee payable, under this head, in a personal application shall not exceed £5).
18. For every search in order to ascertain whether any grant of Probate or Letters of Administration has already issued or whether an application has been made for a grant of Probate or Administration :—
for every year or part of a year, excepting the year of death
1
0
The fee sheet
(but not less in any case than 3/-)
Item
Fee
Document to be stamped
£
s.
d.
19. For every application for a grant
7
6
The fee sheet
20. For every certificate of cause of delay
5
0
The fee sheet
21. For engrossing the will, or the will and codicil or codicils, of any deceased person
5
0
The fee sheet
22. For comparing any copy document with the original thereof
2
6
The fee sheet
23. For every receipt for documents lodged
2
6
The fee sheet
24. For every bond
7
6
The fee sheet
25. For every justification of surety
7
6
The fee sheet
26. For every renunciation
7
6
The fee sheet
27. For every consent
7
6
The fee sheet
28. For every affidavit, except the oaths for Executors, Administrators, or Administrators with the Will
7
6
The fee sheet
29. For every copy of an Affidavit or Affirmation for Revenue
7
6
The fee sheet
30. For every certificate of payment of stamp duty
2
6
The fee sheet
31. For every power of attorney, or resolution appointing a nominee to take a grant, or any similar nomination
5
0
The fee sheet
32. For every petition
7
6
The fee sheet
33. For every election
7
6
The fee sheet
34. For filing any other document except the testamentary papers in respect of which Probate or Administrator with will annexed is granted
5
0
The fee sheet
35. For noting Proof in Solemn Form on a grant
7
6
The fee sheet
36. For making any other notation on a grant or on an engrossment
5
0
The fee sheet
FEES ON LODGMENT OF CORRECTIVE AFFIDAVIT
37. On the lodgment of a corrective affidavit and ad volarem fee shall be charged amounting to the difference between the sealing fee on the increased value of the estate and the sealing fee previously charged, irrespective of the date of the grant
The copy corrective affidavit
When a corrective affidavit is lodged in a case which was originally a section 33 case the following provision shall apply
(a) If the increased gross value of the estate does not exceed £500, no fee shall be payable in respect of the increased assets, but fees Nos. 38 to 43 shall be payable where applicable.
(b) If the increased estate exceeds £500 the full sealing fee on the increased value of the estate shall be payable, and no allowance shall be made for the fee previously paid
Item
Fee
Document to be stamped
£
s.
d
38. For filing any corrective affidavit
7
6
The copy corrective affidavit
39. For every certificate of payment of stamp duty
2
6
The copy corrective affidavit
40. For every search
2
0
The copy corrective affidavit
41. For every bond
7
6
The copy corrective affidavit
42. For every justification of sureties
7
6
The copy corrective affidavit
43. For every notation
5
0
The copy corrective affidavit
THE RULES OFFICE
44. For lodging or re-entering any motion paper, whether ex parte or on notice
7
6
The motion paper
45. For every affidavit lodged
7
6
The affidavit
46. For every application filed in a case (other than a section 33 case) in which Fee No. 19 has not been paid
7
6
The application
47. For every application subducted
5
0
The application book
48. For every appearance to any warning, citation or subpoena
7
6
The original notice of appearance
49. For every notice of change of solicitor
2
6
The original notice
50. For every first copy of a Court order or side bar order in addition to scrivenery fees
10
0
The copy
Note: This fee shall not be charged for a copy of an order made by a Judge in Chambers pursuant to section 54 of the Probates and Letters of Administration Act (Ireland), 1857, when the copy is bespoken by the intending grantee or his solicitor. In such a case the first copy bespoken by anyone other than the intending grantee or his solicitor shall be treated as the first copy, and shall be charged for accordingly.
THE GENERAL OFFICE
51. For the entry of any caveat
7
6
The caveat
52. For the subduction of any caveat
7
6
The caveat book
53. For every notice of the entry of subduction of a caveat to any District Registry
2
6
The caveat book
54. For every warning to a caveat
7
6
The warning
Item
Fee
Document to be stamped
55. For every copy of a warning sent by post from the Probate Office
£
s.
d.
2
6
The warning
56. For sealing any citation
12
6
The filed copy
57. For sealing any subpoena
7
6
The filed subpoena
58. For settling any advertisement in connection with a citation or otherwise
15
0
The affidavit
59. For engrossing the will, or the will and codicil or codicils of any deceased person
5
0
The fee sheet
60. For comparing any document with the original thereof
2
6
The fee sheet
61. For every exemplification in addition to the fees for engrossing and comparing the will, or the will and codicil or codicils, if any
2
2
0
The fee sheet
62. For every search made by the applicant himself for will or any record of a grant, or any other document filed in the Probate Office, including the looking up of and inspection of any original will or codicil or any copy thereof or of any record of a grant
2
6
The search docket
63. For every such search made by an officer of the Probate Office, for every year or part thereof for which the officer is requested to search
1
0
The search docket
(but not less in any case than 3/-)
64. For all searches made on any one day by the representative of a newspaper or group of newspapers, provided that he states on the search docket his name and that of the newspaper or group of newspapers which he represents
5
0
The search docket
THE RECORD OFFICE
65. For depositing the will, or will and codicil or codicils, or other testamentary disposition of a living person for safe custody, including the deposit receipt
1
1
0
The fee sheet
66. For depositing the will, or will and codicil or codicils, or other testamentary disposition of a deceased person for safe custody, including the deposit receipt
10
0
The fee sheet
SECOND SCHEDULE
PERCENTAGES PAYABLE IN THE OFFICE OF WARDS OF COURT.
Section 1 : Lunacy percentages.
67. On vacating any recognizance or bond, and giving a certificate thereof
1
0
0
The memorandum of vacate
POWERS OF ATTORNEY
68. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881
7
6
The power of attorney
69. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith
2
6
The search docket
(not to be charged if a copy is bespoken)
ENROLMENT
70. On enrolling any deed or document:—
for each 10 folios or part of 10 folios
1
10
0
The deed or document
Item
Fee
Document to be stamped
£
s.
d.
ADMIRALTY
71. On a certificate under Order XXXVI, Rule 69, of the Rules of the Supreme Court (Ireland), 1905—
The certificate
where the sum claimed does not exceed £50
10
0
where the sum claimed exceeds £50 but does not exceed £100
15
0
where the sum claimed exceeds £100
1
10
0
72. On issuing any warrant, attachment, release, decree, order, commission or other instrument under Order LXVII, Rule 10, of the Rules of the Supreme Court (Ireland), 1905
2
0
0
The instrument
73. On appointing and swearing appraisers
2
0
0
The certificate of appraisement
74. On delivering up a ship or goods to a purchaser
*3
0
0
75. On the sale of a ship or goods :—
for every £100 or fraction of £100 of the price
*2
0
0
76. For attending the discharge of a cargo or the removal of a ship or goods, per day
3
0
0
The certificate of execution
77. For retaining possession of a ship, with or without cargo, or of a ship's cargo without a ship, per day
2
6
The instrument of release
78. For executing a warrant or commission
2
2
0
The warrant or commission
79. For releasing a ship and cargo, or either of them
1
1
0
The instrument of release
(In addition to the above fees, the following fees also are payable
(a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed ;
(b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office.
* These fees are to be paid by transfer from the proceeds in Court to the account of fees on proceedings.
PART IV.
FEES PAYABLE IN THE ACCOUNTANT'S OFFICE.
Item
Fee
Document to be stamped
£
s.
d.
S.I. No. 251 of 1956.
SUPREME COURT AND HIGH 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