IE
S.I. No. 62/1966 - Supreme Court and High Court (Fees) Order, 1966
Table of Provisions (102)
Statutory Text (102 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 connexion 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.
Part
III
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 on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. 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 23rd 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 23rd day of March, 1966.
John Lynch,
Minister for Finance.
EXPLANATORY NOTE
The effect of this Order is to increase as from the 1st April, 1966, the fees chargeable in the Offices of the Supreme Court and the High Court. The present fees are prescribed in the Supreme Court and High Court (Fees) Order, 1956, and the Supreme Court and High Court (Fees) Order, 1963, which are revoked by this Order.
3. For every certificate of a Probate Officer, Assistant Probate Officer or district probate registrar, 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.
Item
Fee
Document to be stamped
£
s.
d.
4. For every certificate of search
10
0
The certificate
5. For swearing an affidavit or attesting the execution of a bond
5
0
The fee sheet.
6. For marking an exhibit
2
6
The fee sheet.
(The total fee under Nos. 5 and 6 in any one case shall not exceed £1 10s. 0d.)
7. For completing the assignment of a bond
15
0
The assignment.
8. For every certificate signed by a Judge, Probate Officer, Assistant Probate, Officer or district probate registrar as to the authenticity of a copy of any document of the identity of any person or the authority of any person to act in a specified capacity, or for any similar certificate
7
6
The certificate.
9. For sealing such a certificate
5
0
The certificate.
10. For every certificate of a Probate Officer, Assistant Probate Officer or district probate registrar for which no other fee is prescribed
7
6
The certificate.
11. For settling an advertisement in pursuance of a Court order
1
5
0
The copy order
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.
12. On a primary grant of representation in a section 33 case
2
10
0
The oath of executor or administrator.
13. On a primary grant of representation in any other case—
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
£
100
2
10
0
200
3
10
0
300
4
10
0
Item
Fee
Document to be stamped
13.—contd.
£
s.
d.
£
450
6
0
0
600
7
10
0
800
9
10
0
1,000
11
10
0
1,500
12
10
0
2,000
13
10
0
3,000
15
10
0
4,000
17
10
0
5,000
19
10
0
6,000
20
10
0
7,000
21
10
0
8,000
22
10
0
9,000
23
10
0
10,000
24
10
0
15,000
27
0
0
20,000
29
10
0
(b) where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, exceeds the value of £20,000—
on the first £20,000, a fee of
29
10
0
on every £10,000 or fraction thereof by which the value exceeds £20,000 but does not exceed £100,000, an additional fee of
5
0
0
on every £50,000 or fraction thereof by which the value exceeds £100,000, a further additional fee of
15
0
0
Where the fee under item 13 is paid, no additional fee shall be payable at the time of extraction of the grant under any of the items numbered 16 to 24.
14. For every double, cessate, unadministered or duplicate grant of representation
2
10
0
The fee sheet.
15. Where any grant is sought by personal application, in addition to any other fee—
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
Item
Fee
Document to be stamped
15.—contd.
£
s.
d.
£
250
2
0
0
500
3
0
0
750
4
0
0
1,000
5
0
0
1,500
6
5
0
2,000
7
10
0
(b) where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, exceeds the value of £2,000 but does not exceed the value of £10,000—
on the first £2,000 a fee of
7
10
0
on every £1,000 or fraction thereof by which the value exceeds £2,000, an additional fee
1
10
0
(c) where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, exceeds the value of £10,000
A fee equal in amount to the fee under item No. 13.
16. For every application for a grant
12
6
The application.
17. For every receipt for documents lodged
4
0
The minute of receipt.
18. For every bond
12
6
The copy corrective affidavit.
19. For every justification of surety
12
6
The copy corrective affidavit.
20. For every renunciation
12
6
The fee sheet.
21. For every consent
12
6
The consent.
22. For every affidavit, (except the oaths of Executors or Administrators)
12
6
The affidavit.
23. For filing any other document (except the testamentary papers in respect of which Probate or Administration with will annexed is granted)
7
6
The fee sheet.
Item
Fee
Document to be stamped
£
s.
d.
24. For making any other notation on a grant or on an engrossment
7
6
The fee sheet.
25. On the lodgment of a corrective affidavit in a case which was originally a section 33 case—
The copy corrective affidavit.
(a) if the increased gross value of the estate does not exceed £500
1
0
0
(b) if the increased gross value of the estate exceeds £500
The full fee payable under item No. 13 on the net estate. (No allowance shall be made for the fee previously paid under item No. 12).
26. On the lodgment of a corrective affidavit in any other case
The correct fee under item No. 13 less the amount of the fee previously charged.
The copy corrective affidavit.
27. For lodging or re-entering any motion paper, whether ex parte or on notice
12
6
The motion paper.
28. For every affidavit lodged
12
6
The affidavit.
29. For every application subducted
7
6
The notice of application.
30. For every appearance to any warning, citation or subpoena
12
6
The original notice of appearance.
31. For every notice of change of solicitor
5
0
The original notice.
32. For every first copy of a Court order or side bar order, in addition to scrivenery fees.
15
0
The copy.
This fee shall not be charged for a copy of an order made by a Judge in
Item
Fee
Document to be stamped
32—contd.
£
s.
d.
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.
33. For the entry of any caveat
12
6
The caveat.
34. For the subduction of any caveat
12
6
The caveat book.
35. For every notice of the entry of subduction of a caveat to any district probate registry
5
0
The caveat book.
36. For every warning to a caveat
12
6
The warning.
37. For every copy of a warning sent by post
5
0
The warning.
38. For sealing any citation
1
0
0
The filed copy.
39. For sealing any subpoena
12
6
The filed subpoena.
40. For settling any advertisement in connexion with a citation or otherwise
1
5
0
The affidavit.
41. For engrossing the will, or the will sand codicil or codicils, of any deceased person
10
0
The fee sheet.
42. For comparing any document with the original thereof
5
0
The fee sheet.
43. For every exemplication, in addition to the fees payable under items 41 and 42
3
3
0
The fee sheet.
44. For every search made by an applicant for a will or any record of a grant or any other document filed in the Probate Office or in a district probate registry, including the inspection of any original will or codicil or any copy thereof or any record of a grant
2
6
The search docket.
45. For every similar search made by an officer of the Probate Office or of a district probate registry, 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/-)
Item
Fee
Document to be stamped
£
s.
d.
46. For all searches made on any one day by the representative of a newspaper or group of newspapers
7
6
The search docket.
(The representative must state on the search docket his name and that of the newspaper or group of newspapers which he represents).
47. 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.
48. For depositing the will, or will and codicil or codicils, or other testementary 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
Part
I
Lunacy Percentages
49. On a requisition for liberty to search pursuant to the said Act—
for each person searched against
5
0
The search docket.
(not to be charged if a requisition for an official search is lodged)
50. On filing a satisfaction piece
7
6
The satisfaction piece.
51. On a memorandum for registration of the satisfaction or vacate of any judgement, bond or recognizance, decree, rule or order or for the redocketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848
7
6
The memorandum
52. On a requisition for a search for judgments or revivals entered up before the 15th day of July, 1850, and for decrees, rules, orders or civil bill decrees for poor rates,
Item
Fee
Document to be stamped
£
s.
d.
52.—contd.
made before the 15th day of July, 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person
1
10
0
The requisition.
53. On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person
3
0
0
The requisition.
54. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act, 1871
15
0
The requisition.
55. On a memorandum of vacate of a lis pendens
15
0
The memorandum.
56. On a certificate of the registration or re-registration of any judgment or revival, decree, rule, order, bond, recognizance or lis pendens or of any satisfaction, vacate or quietus registered at any time
5
0
The certificate.
57. On a certificate at the foot of a memorandum for the registration or satisfaction of a judgment, for the registration or vacate of a lis pendens,or for the vacate of a recognizance or bond
5
0
The memorandum.
58. On a memorial of assignment of a judgment
1
10
0
The memorial.
BILLS OF SALE
59. On filing a bill of sale—
where the consideration does not exceed £100
5
0
The filed copy.
where the consideration exceeds £100, but does not exceed £200
10
0
The filed copy.
where the consideration exceeds £200
1
0
0
The filed copy.
60. For a search in the bills of sale index (not to be charged if a copy of a bill of sale is bespoken)
5
0
The search docket.
Item
Fee
Document to be stamped
£
s.
d.
61.For any bill of sale (not to becharged if a copy is a bespoken)
5
0
The search docket.
DEEDS OF ARRANGEMENTS, ETC.
62. On filing a copy of a deed arrangement pursuant to the Deeds of arrangements Act, 1887
1
10
0
The filed copy.
63. on filing a copy a petition pursuant to the Deeds of Arrangement Amendment Act, 1890
15
0
The filed copy.
64. On filing a copy of an order under the Deeds of Arrangement Amendment Act, 1890
15
0
The filed copy.
65. For a search in the Register of Deeds of Arrangement
5
The search docket.
(not to be charged if a copy is bespoken)
66. For inspecting, examining and making the prescribed extracts of a registered deed of arrangement, or the documents and affidavits field in any one matter
5
0
The search docket.
(not to be charged if a copy is bespoken)
67. For an official search in the Register of Deed of Arrangement for each name searched against
1
0
0
The requisition.
WARRANTS OF ATTORNEY
68. On filing and entering a copy a warrant of attorney
10
0
The filed copy.
69. For a search for a warrant of attorney, whether against one or more persons (not to be charged if a copy is bespoken)
5
0
The search docket.
70. On filing a warrant of attorney and entering judgement thereon, in addition to the fee on the judgment
15
0
The recognizance or bond.
BONDS, ETC.
71. On filing any recognizance or bond in the Central Office and giving a certificate thereof
15
0
The recognizance or bond.
72. On vacating any recognize or bond, and giving a certificate thereof
1
10
0
The memorandum of vacate.
Item
Fee
Document to be stamped
£
s.
d.
POWERS OF ATTORNEY
73. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881
15
0
The power of attorney
74. For a serahc for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith (not to be charged if a copy is bespoken)
5
0
The search docket.
ENROLMENT
75. On enrolling any deed or document for each 10 foils or part of 10 folios
2
10
0
The deed or document.
ADMIRALITY
76. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules the Superior Courts—
The certificate
where the sum claimed does not exceed £50
1
0
0
where the sum claimed exceeds £50 but does not exceed £100
1
10
0
where the sum claimed exceeds £100
3
0
0
77. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts
4
0
0
The instrument.
78. On appointing and swearing appraisers
4
0
0
The certificate of appraisement.
79. On delivering up a ship or goods to a purchaser
5
0
0
The order.
80. On the sale of a ship or goods—
for every £100 or fraction of £100 of the price
4
0
0
The order.
81. For attending the discharge of a cargo, or the removal of a ship or goods, per day
5
0
0
The certificate of execution.
82. For retaining possession of a ship, with or without cargo, or of a ship's cargo without a ship, per day
5
0
The instrument of release.
Item
Fee
Document to be stamped
£
s.
d.
83. For executing a warrant or commision
4
0
0
The warrant or commission.
84. For releasing a ship and cargo or either, of them
2
0
0
The instrument of release.
(In addition to the above fees, the following 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 Admirality 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).
BANKRUPTCY
85. On every petitioin of bankruptcy
6
0
0
The petition.
86. On every petition of arrangement
6
0
0
The petition.
87. On every debtor's summons
3
0
0
The summons.
88. On every bond, with or without sureties
15
0
The bond
89. On every subpoena or summons (other than a debtor's summons
10
0
The subpoena or summons.
90. On every affidavit
15
0
The affidavit.
91. On every order for annulment of adjudication
3
0
0
The order.
92. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter
5
0
The search docket.
PETITIONS, APPLICATIONS AND APPEALS UNDER THE SOLICITORS ACTS, 1954 AND 1960
93. On lodging a notice of motion of application under subsection (3) of
section 48
of the
Solicitors Act, 1954
6
0
0
The notice.
Item
Fee
Document to be stamped
£
s.
d.
94. On lodging a notice of motion of appeal under section (5) of appeal subsection (5) of
section 49
of the
Solicitors Act, 1954
3
0
0
The notice.
95. On lodging a notice of motion of appeal under subsection (2) of
section 51
of the
Solicitors Act, 1954
3
0
0
The notice.
96. On lodging a notice of motion of appeal under subsection (3) of
section 60
of the
Solicitors Act, 1954
3
0
0
The notice.
97. On lodging a notice of motion appeal under
section 45
of the
Solicitors Act, 1954
3
0
0
The notice.
98. On lodging a notice of motion of application under
section 47
(6) of the
Solicitors Act, 1954
3
0
0
The notice.
99. On presenting a petition under Part III of Order 53 of the Rules the Superior Courts
6
0
0
The petition.
100. On lodging a notice of motion of application under
section 10
of the
Solicitors (Amendment) Act, 1960
)
6
0
0
The notice.
101. On a special summons under Part V or Part VI of order 53 of the rules of the Superior Courts
4
0
0
The special summons.
102. On a motion ex parte or motion on notice under Part V of Order 53 of the rules of the Superior Courts
15
0
The notice.
PART IV
FEES PAYABLE IN THE ACCOUNT'S OFFICE
Item
Fee
Document to be stamped
£
s.
d.
S.I. No. 62 of 1966.
SUPREME COURT AND HIGH 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), 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, 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.—There shall be charged in the offices of the Supreme Court and the High Court and in the district probate registries to which the several Parts of the First Schedule to this Order relate, in respect of each item set out in the first column of that Schedule, the fee set out in the second column of that Schedule opposite the mention of the item in the said first column.
5.—(1) Where, opposite the mention of any item in the first column of the First Schedule to this Order, a document is mentioned in the third column of that Schedule, the fee chargeable in respect of the item shall be taken by means of a stamp affixed to or impressed on the document.
(2) Where the document to be stamped is in the custody of an officer of the Supreme Court or the High Court or a district probate registrar at the time when it is required to be stamped, or where the document is one that is required to be lodged in any office of the Circuit Court outside the county borough of Dublin, the stamp may be an impressed or adhesive stamp.
(3) In all other cases, the stamp shall be an impressed stamp.
6.—Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the proper officer.
7.—(1) In every financial year there shall be payable, by way of court fees, the percentages provided for in the Second Schedule to this Order on the annual income arising in that year from the property of every person of unsound mind and every minor under the jurisdiction transferred to the Chief Justice by
section 19
(1) of the
Courts of Justice Act, 1924
(No. 10 of 1924).
(2) The percentages so prescribed are, in relation to persons of unsound mind, in substitution for those prescribed by section 109 of the Lunacy Regulation (Ireland) Act, 1871.
8.—The Supreme Court and High Court (Fees) Order, 1956 (
S.I. No. 251 of 1956
), and the Supreme Court and High Court (Fees) Order, 1963 (
S.I. No. 35 of 1963
), are hereby revoked.
FIRST SCHEDULE
FEES PAYABLE IN THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT AND IN THE DISTRICT PROBATE REGISTRIES
PART I—Fees payable in all the Offices attached to the Supreme Court and the High Court for copies of documents
PART II—Fees payable in the Office of the Registrar of the Supreme Court
PART III—Fees payable in the Central Office and in the Examiner's Office
PART IV—Fees payable in the Accountant's Office
PART V—Fees payable in the Taxing Master's Office
PART VI—Fees payable in the Office of Wards of Court
PART VII—Fees payable in the Office of the Official Assignee in Bankruptcy
PART VIII—Fees payable in the Probate Office and District Probate Registries
(In this schedule a folio means 72 words)
PART I
FEES PAYABLE IN ALL THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT AND IN THE DISTRICT PROBATE REGISTRIES FOR COPIES OF DOCUMENTS
Item
Fee
Document to be stamped
£
s.
d.