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S.I. No. 375/1986 - Supreme Court and High Court (Fees) Order, 1986.
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 £600.
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 and 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 24th day of November, 1986.
ALAN M. DUKES,
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
24th day of November, 1986.
JOHN BRUTON,
Minister for Finance.
EXPLANATORY NOTE.
This Order amends the Schedules of the Supreme Court and High Court (Fees) Order, 1985 (
S.I. No. 36 of 1985
) and thereby increases, as from 1st December, 1986, certain of the fees to be charged in the Offices of the Supreme Court and High Court.
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
1.50
The certificate.
5. For swearing an affidavit or attesting the execution of a bond
0.50
The fee sheet.
6. For marking an exhibit
0.50
The fee sheet.
(The total fee under Nos. 5 and 6 in any one case shall not exceed £1.50)
7. For completing the assignment of a bond ... ... ...
1.50
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 ... ... ... ...
1.50
The certificate.
9. For sealing such a certificate
0.50
The certificate.
10. For every certificate of a Probate Officer, Assistant Probate Officer or district probate registrar for which no other fee is prescribed
1.50
The certificate.
11. For settling an advertisement in pursuance of a Court order
2.50
The copy order.
12. On a primary grant of representation—
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 ... ... ...
6.00
1,000... ... ...
12.00
2,500 ... ... ...
18.00
5,000 ... ... ...
24.00
10,000 ... ... ...
30.00
20,000 ... ... ...
36.00
(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
36.00
on every £10,000 or fraction thereof by which the value exceeds £20,000 but does not exceed £100,000, an additional fee of ... ...
6.00
on every £50,000 or fraction thereof by which the value exceeds £100,000, a further additional fee of ... ...
18.00
where the fee under item 12 is paid, no additional fee shall be payable at the time of extraction of the grant under any of the items numbered 15 to 23.
13. For every double, cessate, unadministered or duplicate grant of representation ... ...
6.00
The fee sheet.
14. 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 ...
6.00
5,000 ...
12.00
10,000 ...
18.00
20,000 ...
30.00
30,000 ...
36.00
(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. 12
15. For every application for a grant ... ... ... ...
1.50
The application.
16. For every receipt for documents lodged ... ... ...
0.50
The minute of receipt.
17. For every bond ... ...
1.50
The copy corrective affidavit.
18. For every justification of surety
1.50
The copy corrective affidavit.
19. For every renunciation
1.50
The fee sheet.
20. For every consent ... ...
1.50
The consent.
21. On setting down an action for trial ... ... ... ...
40.00
The setting down docket.
22. For filing any other document (except the testamentary papers in respect of which Probate or Administration with will annexed is granted) ... ... ...
1.50
The fee sheet.
23. For making any notation on a grant or on an engrossment
1.50
The fee sheet.
24. On the lodgment of a corrective affidavit ... ... ...
The correct fee under Item No. 12 less the amount of the fee previously charged
The copy corrective affidavit.
25. For lodging or re-entering any motion paper, whether ex parte or on notice ... ... ...
1.50
The motion paper.
26. For every affidavit lodged
1.50
The affidavit.
27. For every application subducted ... ... ... ...
0.50
The notice of application.
28. For every appearance to any warning, citation or subpoena
1.50
The original notice of appearance.
29. For every notice of change of solicitor ... ... ... ...
0.50
The original notice.
30. For every first copy of a Court order or side bar order, in addition to scrivenery fees ... ...
1.50
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.
31. For the entry of any caveat
1.50
The caveat.
32. For the subduction of any caveat ... ...
1.50
The caveat book.
33. For every notice of the entry or subduction of a caveat to any district probate registry ... ...
0.50
The caveat book.
34. For every warning to a caveat
1.50
The warning.
35. For every copy of a warning sent by post ... ... ...
0.50
The warning.
36. For sealing any citation
1.50
The filed copy.
37. For sealing any subpoena
1.50
The filed subpoena.
38. For settling any advertisement in connection with a citation or otherwise ... ...
2.50
The affidavit.
39. For engrossing the will, or the will and codicil or codicils, of any deceased person, per page
1.50
The fee sheet.
40. For comparing any document with the original thereof ...
0.50
The fee sheet.
41. For every exemplification, in addition to the fees payable under items 41 and 42 ...
5.00
The fee sheet.
42. 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 ...
0.50
The search docket.
43. 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
0.50
The search docket.
(but not less in any case than £1.00)
44. For all searches made on any one day by the representative of a newspaper or group of newspapers
1.00
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).
45. For an official copy of a will
1.00
The copy
46. For an official copy of a grant of representation—
(a) if bespoken at the time of the application for the grant ... ... ...
0.50
The copy.
(b) if bespoken at any other time ... ..
1.00
The copy.
47. For making an attested copy of an Inland Revenue Affidavit, per folio ... ... ... ...
0.50
The attested copy.
SECOND SCHEDULE.
PERCENTAGES PAYABLE IN THE OFFICE OF WARDS OF COURT
PART I
LUNACY PERCENTAGES.
48. On a requisition for liberty to search pursuant to the said Act—
for each person searched against ... ...
(not to be charged if a requisition for an official search is lodged)
3.50
The search docket.
49. On filing a satisfaction piece
3.50
The satisfaction piece.
50. On a memorandum for registration of the satisfaction or vacate of any judgement, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848 ... ...
3.50
The memorandum.
51. 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 ... ...
10.00
The requisition.
52. 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, judgements, statutes, inquisitions and acceptances of office registered or re-registered against the same person ... ...
20.00
The requisition.
53. On a requisition for a duplicate of a search pursuant to the Judgements Registry (Ireland) Act, 1871 ... ... ...
6.00
The requisition.
54. On a memorandum of vacate of a lis pendens ... ...
6.00
The memorandum.
55. On a certificate of the registration or re-registration of any judgement or revival, decree, rule, order, bond, recognizances or lis pendens or of any satisfaction, vacate or quietus registered at any time... ... ... ...
2.50
The certificate.
56. On a certificate at the foot of a memorandum for the registration or satisfaction of a judgment or decree, for the registration or vacate of a lis pendens, or for the vacate of a recognizances or bond
2.50
The memorandum.
57. On a memorial or assignment of a judgement or decree ...
10.00
The memorial.
Bill of Sale
58. On filing a bill of sale
where the consideration does not exceed £100
2.50
The filed copy.
where the consideration exceeds £100,
The filed copy.
but does not exceed £200 ... ...
3.50
The filed copy.
where the consideration exceeds £200 ... ...
7.00
59. For a search in the bills of sale index ...
(not to be charged if a copy of a bill of sale is bespoken)
2.50
The search docket.
60. For inspecting any bill of sale(not to be charged if a copy is bespoken)
2.50
The search docket.
Deeds of Arrangements, etc.
61. On filing a copy of a deed of arrangement pursuant to the Deeds of Arrangement Act, 1887
10.00
The filed copy.
62. On filing a copy of a petition pursuant to the Deeds of Arrangement Amendment Act, 1890
6.00
The filed copy.
63. On filing a copy of an order under the Deeds of Arrangement Amendment Act, 1890 ... ...
6.00
The filed copy.
64. For a search in the Register of Deeds of Arrangement ...
(not to be charged if the copy is bespoken)
2.50
The search document.
65. 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).
2.50
The search docket.
66. For an official search in the Register of Deeds of Arrangement — for each name searched against
7.00
The requisition.
Warrants of Attorney
67. On filing and entering a copy of a warrant of attorney ... ...
3.50
The filed copy.
68. For a search for a warrant of attorney whether against one or more persons ... ... ...
(not to be charged if a copy is bespoken)
2.50
The search docket.
69. On filing a warrant of attorney and entering judgment thereon, in addition to the fee on the judgment ... ... ...
6.00
The judgment.
Bonds, etc.
70. On filing any recognizance or bond in the Central Office and giving a certificate thereof ...
6.00
The recognizance or bond.
71. On vacating any recognizance or bond, and giving a certificate thereof ... ... ...
10.00
The memorandum of vacate.
Powers of Attorney
72. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881 ... ... ... ...
6.00
The power of attorney.
73. 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)
2.50
The search docket.
Enrolment
74. On enrolling any deed or document — for each 10 folios or part of 10 folios
17.00
The deed or document.
Admiralty
75. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts—
where the sum claimed does not exceed £50 ... ...
7.00
The certificate.
where the sum claimed exceeds £50 but does not exceed £100 ... ...
10.00
where the sum claimed exceeds £100 ... ...
20.00
76. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts
26.00
The instrument.
77. On appointing and swearing appraisers ... ... ...
26.00
The certificate of appraisement.
78. On delivering up a ship or goods to a purchaser ... ...
33.00
The order.
79. On the sale of a ship or goods—
for every £100 or fraction of £100 of the price ... ...
10.00
The order.
80. For attending the discharge of a cargo or the removal of a ship or goods, per day ... ...
33.00
The certificate of execution.
81. For retaining possession of a ship with or without cargo, or of a ship's cargo without a ship, per day
2.50
The instrument of release.
82. For executing a warrant or commission ... ... ...
26.00
The warrant or commission.
83. For releasing a ship and cargo, or either of them ... ...
13.00
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)
84. On every petition of bankruptcy ... ... ... .
40.00
The petition.
85. On every petition of arrangement ... ... ...
40.00
The petition.
86. On every debtor's summons
20.00
The summons.
87. On every bond, with or without sureties ... ...
7.00
The bond.
88. On every subpoena or summons (other than a debtor's summons) ... ... ... ...
3.50
The subpoena or summons.
89. On every affidavit ... ...
6.00
The affidavit.
90. On every order for annulment of adjudication ... ...
20.00
The order.
91. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter ... ... ... ...
2.50
The search docket.
Petitions, Applications and Appeals under the Solicitors Acts, 1954 and 1960
92. On lodging a notice of motion of application under subsection (3) of
section 48
of the
Solicitors Act, 1954
... ... ... ...
40.00
The notice.
93. On lodging a notice of motion of appeal under subsection (5) of
section 49
of the
Solicitors Act, 1954
... ... ... ...
20.00
The notice.
94. On lodging a notice of motion of appeal under subsection (2) of
section 51
of the
Solicitors Act, 1954
... ... ... ...
20.00
The notice.
95. On lodging a notice of motion of appeal under subsection (3) of
section 60
of the
Solicitors Act, 1954
... ... ... ...
20.00
The notice.
96. On lodging a notice of motion of appeal under
section 45
of the
Solicitors Act, 1954
... ...
20.00
The notice.
97. On lodging a notice of motion of application under section 47 (6) opf the
Solicitors Act, 1954
20.00
The notice.
98. On presenting a petition under Part III of Order 53 of the Rules of the Superior Courts
40.00
The petition.
99. On lodging a notice of motion of application under
section 10
of the
Solicitors (Amendment) Act, 1960
... ... ... ...
40.00
The notice.
100. On sealing a special summons under Part V or VI of Order 53 of the Rules of the Superior Courts and filing a copy ... ...
40.00
The filed copy.
101. On a motion ex parte or motion on notice under Part V of Order 53 of the Rules of the Superior Courts ... ... ...
6.00
The notice.
PART IV
Fees payable in the Accountant's Office
Item
Fee
Document to be stamped
£
S.I. No. 375 of 1986.
SUPREME COURT AND HIGH COURT (FEES) ORDER, 1986.
I, ALAN M. DUKES, 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