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S.I. No. 89/1981 - Supreme Court and High Court (Fees) Order, 1981.
Table of Provisions (103)
Statutory Text (103 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 £300.
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.
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 10th day of March, 1981.
GERARD COLLINS,
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 10th day of March, 1981.
GENE FITZGERALD,
Minister for Finance.
EXPLANATORY NOTE.
This Order increases as from 16th March, 1981 some of the fees chargeable in the Offices of the Supreme Court and the High Court, principally in the Office of the Registrar of the Supreme Court, the Central Office and the Examiners' Office, the Official Assignee's Office and the Taxing Masters' Office. The present fees are prescribed in the Supreme and High Court (Fees) Order, 1980, which is revoked by this Order.
The Order also provides that the fees in respect of all the items in the First Schedule to the Order may be taken by either adhesive stamps or impressed stamps.
3. Any fractional part of fifty pence in the amount of a percentage shall be disregarded and shall not be levied or paid.
PART II: MINOR PERCENTAGES.
4. For every certificate of search
£0.50
The certificate.
5. For swearing an affidavit or attesting the execution of a bond
£0.25
The fee sheet.
6. For marking an exhibit
(The total fee under Nos. 5 and 6 in any one case shall not exceed £1.50)
£0.15
The fee sheet.
7. For completing the assignment of a bond
£0.75
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 or the identity of any person or the authority of any person to act in a specified capacity, or for any similar certificate
£0.40
The certificate.
9. For sealing such a certificate
£0.25
The certificate.
10. For every certificate of a Probate Officer, Assistant Probate Officer or district probate registrar for which no other fee is prescribed
£0.40
The certificate.
11. For setting an advertisement in pursuance of a Court order
£1.25
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
£2.50
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
£
500
£ 5.00
1,000.
£10.00
2,500.
£15.00
5,000.
£20.00
10,000
£25.00
20,000
£30.00
(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
£30.00
on every £10,000 or fraction thereof by which the value exceeds £20,000 but does not exceed £100,000, an additional fee of
£5.00
on every £50,000 or fraction thereof by which the value exceeds £100,000, a further additional fee of
£15.00
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
£2.50
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
£
500
Nil
1,000
£5.00
5,000
£10.00
10,000
£15.00
20,000
£25.00
30,000
£30.00
(b) where the net estate (both real and personal), as shown in the Affidavit or Affirmation for Revenue, exceeds the value of £30,000
A fee equal in amount to the fee under Item No. 13.
16. For every application for a grant
£0.65
The application.
17. For every receipt for documents lodged
£0.20
The minute of receipt.
18. For every bond
£0.65
The copy corrective affidavit.
19. For every justification of surety
£0.65
The copy corrective affidavit.
20. For every renunciation
£0.65
The fee sheet.
21. For every consent
£0.65
The consent.
22. For every affidavit (except the oaths of Executors or Administrators)
£0.65
The affidavit.
23. For filing any other document (except the testamentary papers in respect of which Probate or Administration with will annexed is granted)
£0.40
The fee sheet.
24. For making any other notation on a grant or on an engrossment
£0.40
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
£1.00
(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
£0.65
The motion paper.
28. For every affidavit lodged
£0.65
The affidavit.
29. For every application subducted
£0.40
The notice of application.
30. For every appearance to any warning, citation or subpoena
£0.65
The original notice of appearance.
31. For every notice of change of solicitor
£0.25
The original notice.
32. For every first copy of a Court order or side bar order, in addition to scrivenery fees
£0.75
The copy
This fee shall not be charged for a copy of an order made by a Judge in Chambers pursuant to
section 36
of the
Succession Act, 1965
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
£0.65
The caveat.
34. For the subduction of any caveat
£0.65
The caveat book.
35. For every notice of the entry or subduction of a caveat to any district probate registry
£0.25
The caveat book.
36. For every warning to a caveat
£0.65
The warning.
37. For every copy of a warning sent by post
£0.25
The warning.
38. For sealing any citation
£1.00
The filed copy.
39. For sealing any subpoena
£0.65
The filed subpoena.
40. For settling any advertisement in connection with a citation or otherwise
£1.25
The affidavit.
41. For engrossing the will, or the will and codicil or codicils, of any deceased person
£0.50
The fee sheet.
42. For comparing any document with the original thereof
£0.25
The fee sheet.
43. For every exemplification, in addition to the fees payable under items 41 and 42
£3.15
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
£0.15
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 ... (but not less in any case than £0.25)
£0.05
The search docket.
46. For all searches made on any one day by the representative of a newspaper or group of newspapers
£0.40
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
£1.05
The fee sheet.
48. 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
£0.50
The fee sheet.
49. For an official copy of a will
£0.25
The copy.
50. For an official copy of a grant of representation—
(a) if bespoken at the time of the application for the grant
£0.15
The copy.
(b) if bespoken at any other time
£0.25
The copy.
51. For making an attested copy of an Inland Revenue Affidavit
£0.30
The attested copy.
SECOND SCHEDULE.
PERCENTAGES PAYABLE IN THE OFFICE OF WARDS OF COURT.
PART I: LUNACY PERCENTAGES.
52. On a requisition for a search for judgements or revivals entered up before the 15th day of July, 1850, and for decrees, rules, orders or civil bill decrees for poor rates, made before the 15th day of July, 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgements, statutes, inquisitions and acceptances of office registered or re-registered against the same person
£4.45
The requisition.
53. On a requisition for a search for judgements, 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
£9.00
The requisition.
54. On a requisition for a duplicate of a search pursuant to the Judgements Registry (Ireland) Act, 1871
£2.50
The requisition.
55. On a memorandum of vacate of a lis pendens
£2.50
The memorandum.
56. On a certificate of the registration or re-registration of any judgement or revival, decree, rule, order, bond, recognizanances or lis pendens or of any satisfaction, vacate or quietus registered at any time
£0.75
The certificate.
57. On a certificate at the foot of a memorandum for the registration or satisfaction of a judgement, for the registration or vacate of a lis pendens, or for the vacate of a recognizance or bond
£0.75
The memorandum.
58. On a memorial of assignment of a judgement
£4.45
The memorial.
Bill of Sale
59. On filing a bill of sale—
where the consideration does not exceed £100
where the consideration exceeds £100, but does not exceed £200
where the consideration exceeds £200
£0.75
£1.50
£3.20
The filed copy.
The filed copy.
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)
£0.75
The search docket.
61. For inspecting any bill of sale
(not to be charged if a copy is bespoken)
£0.75
The search docket.
Deeds of Arrangements, etc.
62. On filing a copy of a deed of arrangement pursuant to the Deeds of Arrangement Act, 1887
£4.45
The filed copy.
63. On filing a copy of a petition pursuant to the Deeds of Arrangement Amendment Act, 1890
£2.50
The filed copy.
64. On filing a copy of an order under the Deeds of Arrangement Amendment Act, 1890
£2.50
The filed copy.
65. For a search in the Register of Deeds of Arrangement
(not to be charged if a copy is bespoken)
£0.75
The search docket.
66. For inspecting, examining and making the prescribed extracts of a registered deed of arrangement, or the documents and affidavits filed in any one matter
(not to be charged if a copy is bespoken)
£0.75
The search docket.
67. For an official search in the Register of Deeds of Arrangement—
for each name searched against ...
£3.20
The requisition.
Warrants of Attorney
68. On filing and entering a copy of a warrant of attorney
£1.50
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)
£0.75
The search docket.
70. On filing a warrant of attorney and entering judgement thereon, in addition to the fee on the judgement
£2.50
The judgement.
Bonds, etc.
71. On filing any recognizance or bond in the Central Office and giving a certificate thereof
£2.50
The recognizance or bond.
72. On vacating any recognizance or bond, and giving a certificate thereof
£4.45
The memorandum of vacate.
Powers of Attorney
73. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881
£2.50
The power of attorney.
74. For a search 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).
£0.75
The search docket
Enrolment
75. On enrolling any deed or document—
for each 10 folios or part of 10 folios
£7.50
The deed or document.
Admiralty
76. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of Superior Courts—
where the sum claimed does not exceed £50
£3.20
The certificate.
where the sum claimed exceeds £50 but does not exceed £100
£4.45
where the sum claimed exceeds £100
£9.00
77. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts ...
£12.00
The instrument.
78. On appointing and swearing appraisers
£12.00
The certificate of appraisement.
79. On delivering up a ship or goods to a purchaser
£15.00
The order.
80. On the sale of a ship or goods—
for every £100 or fraction of £100 of the price
£12.00
The order.
81. For attending the discharge of a cargo or the removal of a ship or goods, per day
£15.00
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
£0.75
The instrument of release.
83. For executing a warrant or commission
£12.60
The warrant or commission.
84. For releasing a ship and cargo,or either of them
£6.20
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).
Bankruptcy
85. On every petition of bankruptcy
£18.00
The petition.
86. On every petition of arrangement
£18.00
The petition.
87. On every debtor's summons
£9.00
The summons.
88. On every bond, with or without sureties
£2.50
The bond.
89. On every subpoena or summons ( other than a debtor's summons)
£1.50
The subpoena or summons.
90. On every affidavit
£2.50
The affidavit.
91. On every order for annulment of adjudication
£9.00
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
£0.75
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
£18.00
The notice.
94. On lodging a notice of motion of appeal under subsection (5) of
section 49
of the
Solicitors Act, 1954
£9.00
The notice.
95. On lodging a notice of motion of appeal under subsection (2) of
section 51
of the
Solicitors Act, 1954
£9.00
The notice.
96. On lodging a notice of motion of appeal under subsection (3) of
section 60
of the
Solicitors Act, 1954
£9.00
The notice.
97. On lodging a notice of motion of appeal under sectin 45 of the
Solicitors Act, 1954
£9.00
The notice.
98. On lodging a notice of motion of application under
section 47
(6) of the
Solicitors Act, 1954
£9.00
The notice.
99. On presenting a petition under Part III of Order 53 of the Rules of the Superior Courts
£18.00
The petition.
100. On lodging a notice of motion of application under
section 10
of the
Solicitors (Amendment) Act, 1960
£18.00
The notice.
101. On sealing a special summons under Part V or Part VI of Order 53 of the Rules of the Superior Courts and filing a copy
£18.00
The filed copy.
102. On a motion ex parte or motion on notice under Part V of Order 53 of the Rules of the Superior Courts
£2.50
The notice.
PART IV
FEES PAYABLE IN THE ACCOUNTANT'S OFFICE
Item
Fee
Documents to be stamped
S.I. No. 89 of 1981.
SUPREME COURT AND HIGH COURT (FEES) ORDER, 1981.
I, GERARD COLLINS, 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