S.I. No. 44/1978 -- District Court (Fees) Order, 1978.

S.I. No. 44/1978 -- District Court (Fees) Order, 1978. 1978 44

S.I. No. 44/1978:

DISTRICT COURT (FEES) ORDER, 1978.

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), with the consent of the Minister for Finance, hereby order as follows:

1. This Order may be cited as the District Court (Fees) Order, 1978.

2. This Order shall come into operation on the 8th day of March, 1978.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. (1) The fees set out in the second column of the Schedule shall be charged in the District Court Offices in respect of the items set out in the first column.

(2) The District Court (Fees) Order, 1970 ( S.I. No. 236 of 1970 ), is hereby revoked.

5. (1) In this article--

"maintenance order" means an order made under section 1 of the Married Women (Maintenance in case of Desertion) Act, 1886 (whether or not such order has been varied), and " maintenance proceedings " means any proceedings authorised by that Act to be taken by any person, any proceedings for the enforcement of a maintenance order and any appeal to the Circuit Court arising out of any such proceedings;

"affiliation order" means an order made under section 3 of the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930) (whether or not such order has been varied), and " affiliation proceedings " means any proceedings authorised by that Act to be taken by any person, any proceedings for the enforcement of an affiliation order and any appeal to the Circuit Court arising out of any such proceedings.

(2) No fee shall be payable under this Order in any maintenance proceedings or affiliation proceedings--

( a ) by the applicant for a maintenance order or affiliation order, or

( b ) by a person to whom a sum or a weekly sum is payable by virtue of a maintenance order or affiliation order or a person claiming to be the proper person to receive such a weekly sum.

6. (1) This article applies to the following persons--

( a ) a state solicitor,

( b ) a person employed in the Civil Service of the State as a solicitor,

( c ) a member of the Garda Síochána,

( d ) a person authorised by a Minister of State to engage in the relevant prosecution or proceedings,

( e ) a witness in the relevant prosecution or proceedings, other than a witness on behalf of the defendant.

(2) No fee shall be payable by or in respect of a person to whom this article applies when he is engaged--

( a ) in a prosecution at the suit of the Attorney General or in any other proceedings at the suit of the Attorney General,

( b ) in a prosecution by a member of the Garda Síochána,

( c ) in proceedings by a Minister of State, other than the Minister for Posts and Telegraphs, or

( d ) in proceedings instituted by, or on the direction of, the Revenue Commissioners.

7. The fee in relation to each item shall be taken by means of a stamp affixed to or impressed on the document indicated in the third column of the Schedule.

8. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the Clerk of the District Court Office who issues or receives the document.

SCHEDULE

FEES IN DISTRICT COURT OFFICES.

PART I-- General

PART II-- Civil Proceedings

PART III--Enforcement of Court Orders Proceedings

PART IV--Licensing Matters

PART V-- Appeals to the Circuit Court other than Appeals in Criminal Cases

PART VI--Cases Stated

PART VII--Proceedings under the Rent Restrictions Act, 1960

PART VIII--Fees payable in Appeals under the Betting Act, 1931

PART I.

GENERAL.

Item	Fee	Document to be stamped
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, other than a witness or witnesses in a criminal proceeding	£0·90	The original summons.
2. On obtaining a copy of an information	£0·90	Each copy supplied.
3. On obtaining a certified copy of an order, signed entry or other document	£0·90	The copy.
and, where the document exceeds five folios of 72 words each, for each additional folio after the fifth	£0·20
4. On an application for the removal of a disqualification order	£2·20	The application.
5. On an application for an order or on a notice of appeal to the District Court for which no other fee is chargeable under this Order, other than an application for extension of time for payment of a fine or for an appeal to the Circuit Court in a criminal proceeding, and other than an application for the disposal of any boat or fishing engine under the Fisheries Acts, 1959 to 1964, the Foyle Fisheries Acts, 1952 and 1961, or any Act other relating to fisheries	£2·20	The application or the notice.

PART II.

CIVIL PROCEEDINGS.

Item	Fee	Document to be stamped
1. On the issue of a civil process	£0·90	The original civil process.
2. On lodging any affidavit	£0·90	The affidavit.
3. On the issue of a decree or dismiss	£0·90	The original decree or dismiss.
4. On inspecting and examining the Civil Process Book or Ejectment Book	£0·90	The requisition for inspection.
5. On the issue by the Clerk of the District Court of a receipt for payment of rent and costs	£0·25	The receipt.
6. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum	£0·90	The original summons.
7. On the issue of a notice of motion	£0·90	The original notice of motion.

PART III.

ENFORCEMENT OF COURT ORDERS PROCEEDINGS.

Item	Fee	Document to be stamped
1. On obtaining a copy of a statement of means	£0·70	The copy.
2. On lodging an affidavit grounding an application for an examination order	£0·70	The affidavit.
3. On the issue of an examination order	£0·70	The original order.
4. On the issue of an order for the payment of debt and costs	£0·70	The original order.
5. On the issue of a summons for commital in default of payment	£0·70	The original summons.
6. On the issue of an order for commital	£0·70	The original order.
7. On the issue of a summons for a varition order	£0·70	The original summons.
8. On the issue of a variation order	£0·70	The original order.

PART IV.

LICENSING MATTERS

Item	Fee	Document to be stamped
1. On an application for a declaration under section 15 (1) of the Intoxicating Liquor Act, 1960	£8.85	The application.
2. On an application for a certificate for the grant of a spirit grocer's and/or a retail beer dealer's licence:
(a) consequent on a declaration	£8·85	The notice of intention to apply for a certificate
(b) in any other case	£17·70
3. On obtaining an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act, 1960	£5·30	The licence or other document upon which the endorsement of transfer is made.
4. On an application for a certificate of transfer of a licence	£8·85	The notice of intention to apply for a certificate.
5. On the issue of a certificate of renewal of a licence	£3·55	The certificate.
6. On an application for a certificate for the grant of a new wholesale beer dealer's licence	£8·85	The notice of intention to apply for a certificate.
7. On the issue of a certificate of refusal	£0·90	The certificate.
8. On an application for a Special Exemption Order	£5·30	The application.
9. On an application for a General Exemption Order	£10·60	The application.
10. On an application for an occasional licence	£4·45	The application.
11. On an application for an order under section 19 of the Intoxicating Liquor Act, 1960	£17·70	The application.
12. On an application for a certificate under section 27 of the Intoxicating Liquor Act, 1960	£17·70	The application.
13. On an application for an order under section 10 of the Intoxicating Liquor Act, 1962	£21·25	The application.
14. On an application for an authorisation under section 14 of the Intoxicating Liquor Act, 1962	£17·70	The application.
15. On an application for an order under section 16 of the Intoxicating Liquor Act, 1962	£14·15	The application.
16. On an application for an order under section 17 of the Intoxicating Liquor Act, 1962	£4·45	The application.
17. On an application for a declaration under section 16 of the Intoxicating Liquor Act, 1960	£3·55	The application.
18. On an application for a restaurant certificate or a limited restaurant certificate	£7·10	The application.
19. On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act, 1960	£8·85	The application.
20. On an application for a certificate of registration of a club	£26·55	The application.
21. On an application for an authorisation for an extension of club hours	£6·20	The application.
22. On inspecting the Licensing Register or Clubs Register	£1·75	The requisition for inspection.
23. On an application for a licence to keep petroleum or other substances of a like nature (Petroleum Act, 1871, and Acts amending same)	£2·65	The application.
24. On an application for a moneylender's certificate	£26·55	The application.
25. On an application for a public dancing licence for a period not exceeding one month	£5·30	The application.
26. On an application for any other public dancing licence	£26·55	The application.
27. On an application for the variation of the conditions of a public dancing licence	£2·65	The application.
28. On an application for a music and singing licence	£5·30	The application.
29. On an application for a certificate for a gaming licence	£26·55	The application.
30. On an application for a certificate of qualification to carry on the business of auctioneer or house agent	£10·60	The application.
31. On an application for any other declaration, certificate or licence	£4·00	The application.

PART V.

APPEALS TO THE CIRCUIT COURT OTHER THAN APPEALS IN CRIMINAL CASES

Item	Fee	Document to be stamped
1. On lodgment with the Clerk of the District Court of the notice of appeal	£1·35	The notice.
2. On entering into any recognizance	£0·90	The recognizance.
3. In licensing cases, on having forwarded by the Clerk of the District Court to the County Registrar the certificate or order of the Justice	£0·90	The certificate or order

PART VI.

CASES STATED

Item	Fee	Document to be stamped
1. On delivery of a case stated	£2·65	The original case stated.
and, where the case exceeds five folios of 72 words each. for each additional folio after the fifth	£0·20
2. On entering into a recognizance	£0·90	The recognizance.
3. On the issue of a certificate of refusal	£1·35	The certificate.

PART VII.

PROCEEDINGS UNDER THE RENT RESTRICTIONS ACT, 1960

Item	Fee	Document to be stamped
1. On every application	£1·75	The application.
2. On every order of the Court determining the application	£1·75	The order.

PART VIII.

APPEALS UNDER THE BETTING ACT, 1931 .

Item	Fee	Document to be stamped
1. On every notice of appeal under section 13 of the Betting Act, 1931 ..	£17·70	The notice.

GIVEN under my Official Seal, this 27th day of February, 1978.

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 27th day of February, 1978.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

This Order increases the fees at present chargeable in District Court Offices. The present fees are prescribed in the District Court (Fees) Order, 1970, which is revoked by this Order.

The Order also provides that the fees in all cases may be taken by either adhesive stamps or impressed stamps.

It should be noted that under section 25 of the Rent Restrictions Act, 1960 , no court fees are payable by the tenant in any proceedings (including any appeal or case stated) under Part III of that Act.

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Irish Statutory Instruments

S.I. No. 44/1978 -- District Court (Fees) Order, 1978.