No. 47/1931:

UNDER-SHERIFFS' FEES ORDER, 1931.

UNDER-SHERIFFS' FEES ORDER, 1931.

WHEREAS by Section 14, Sub-section (1) of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), it is enacted that the Minister for Justice, with the consent of the Minister for Finance, may by Order appoint and from time to time revise scales of fees and expenses to be charged by and paid to Under-Sheriffs for their services in or about the execution of Execution Orders.

AND Whereas in accordance with the aforesaid provisions an Order entitled "The Under-Sheriffs' Fees Order, 1926" was made by the Minister on the 29th day of September, 1926.

NOW, I, JAMES FITZGERALD-KENNEY, Minister for Justice, by virtue of the powers conferred upon me by Section 14, Sub-section (1) of the Enforcement of Court Orders Act, 1926 , and of all other powers enabling me in that behalf, with the consent duly obtained of the Minister for Finance, do hereby order as follows, viz:—

1. The fee prescribed at item No. 2 in the First Schedule to the aforesaid Under-Sheriffs' Fees Order, 1926, for executing any Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property shall not henceforward be chargeable or payable but, in lieu thereof, there shall be chargeable by and payable to Under-Sheriffs, in respect of such executing a fee of one shilling in the pound (or for any fractional part of a pound) on the first one hundred pounds and sixpence in the pound for every pound (or for any fractional part of a pound) over and above the first one hundred pounds on the amount stated in the Execution Order to be due for debt and costs if the entire amount shall be levied, or if the entire amount shall not be levied then on the amount actually levied, payable by and leviable from the party against whom the Execution Order is directed.

2. The fee prescribed at item No. 11 in the First Schedule to the aforesaid Under-Sheriffs' Fees Order, 1926, shall not henceforward be chargeable or payable but, in lieu thereof, in every case where expenses have been incurred by an Under-Sheriff for the purpose of executing an Execution Order, if the same shall be settled or shall be withdrawn by reason of the intervention of a Court having bankruptcy jurisdiction or by reason of a Winding-up Order being made by any Court or shall for some reason other than default on the part of the Under-Sheriff or his Court Messengers be withdrawn by the party at whose instance the Under-Sheriff shall have been required to execute such Execution Order, the Under-Sheriff shall be entitled to be paid by the Solicitor or the party demanding the execution of such Execution Order the expenses properly incurred by him (not exceeding what is provided for by such Schedule), and in addition, where the Under-Sheriff or his Court Messenger has gone into possession of goods and the case is settled by the party against whom the execution is directed with the party who shall have required execution or his Solicitor the Under-Sheriff shall be entitled to be paid the poundage as provided in such Schedule on the amount involved in the settlement whether by way of cash payment or other consideration, provided this amount does not exceed the amount stated in the Execution Order to be due for debt and costs and provided further that the poundage in such cases shall be on the amount stated in the Execution Order to be due for debt and costs unless proof is given to the Under-Sheriff by the Solicitor or party at whose instance the Under-Sheriff shall have been required to execute the Execution Order, that the amount involved in the settlement is less than the amount stated to be due on the Execution Order, and where the Under-Sheriff or his Court Messenger has gone into possession of goods and the Execution Order has been withdrawn by reason of the intervention of a Court having bankruptcy Jurisdiction or by reason of a Winding-up Order having been made by any Court the Under-Sheriff shall be entitled to the poundage as provided in such Schedule on the amount stated to be due for debt and costs in such Execution Order.

3. The fee prescribed at Item No. 2 in the Second Schedule to the aforesaid Under-Sheriffs' Fees Order, 1926, for executing any Execution Order directing or authorising the execution of an Order of the Court by the seizure and sale of a person's property shall not henceforward be chargeable or payable, but, in lieu thereof, there shall be chargeable by and payable to Under-Sheriffs in respect of such executing a fee of one shilling in the pound (or for any fractional part of a pound) on the first one hundred pounds and sixpence in the pound (or for any fractional part of a pound) over and above the first one hundred pounds on the amount stated in the Execution Order to be due for debt and costs if the entire amount shall be levied, or if the entire amount shall not be levied then on the amount actually levied, payable by and leviable from the party against whom the Execution Order is directed.

4. The fee prescribed at item No. 11 in the Second Schedule to the aforesaid Under-Sheriffs' Fees Order, 1926, shall not henceforward be chargeable or payable but, in lieu thereof, in every case where expenses have been incurred by an Under-Sheriff for the purpose of executing an Execution Order, if the same shall be settled or shall be withdrawn by reason of the intervention of a Court having bankruptcy Jurisdiction or by reason of a Winding-Up Order being made by any Court or shall for some reason other than default on the part of the Under-Sheriff or his Court Messengers be withdrawn by the party at whose instance the Under-Sheriff shall have been required to execute such Execution Order, the Under-Sheriff shall be entitled to be paid by the Solicitor or the party demanding the execution of such Execution Order the expenses properly incurred by him (not exceeding what is provided for by such Schedule), and in addition, where the Under-Sheriff or his Court Messenger has gone into possession of goods and the case is settled by the party against whom the execution is directed with the party who shall have required execution or his Solicitor the Under-Sheriff shall be entitled to be paid the poundage as provided in such Schedule on the amount involved in the settlement whether by way of cash payment or other consideration, provided this amount does not exceed the amount stated in the Execution Order to be due for debt and costs and provided further that the poundage in such cases shall be on the amount stated in the Execution Order to be due for debt and costs unless proof is given to the Under-Sheriff by the Solicitor or party at whose instance the Under-Sheriff shall have been required to execute the Execution Order, that the amount involved in the settlement is less than the amount stated to be due on the Execution Order, and where the Under-Sheriff or his Court Messenger has gone into possession of goods and the Execution Order has been withdrawn by reason of the intervention of a Court having bankruptcy Jurisdiction or by reason of a Winding-up Order having been made by any Court the Under-sheriff shall be entitled to the poundage as provided in such Schedule on the amount stated to be due for debt and costs in such Execution Order.

5. The fee prescribed at item No. 9 in the Third Schedule to the aforesaid Under-Sheriffs' Fees Order, 1926, shall not henceforward be chargeable or payable but in lieu thereof, in every case where expenses have been incurred by an Under-Sheriff for the purpose of executing an Execution Order, if the same shall be settled or shall be withdrawn by reason of the intervention of a Court having bankruptcy Jurisdiction or by reason of a Winding-up Order being made by any Court or shall for some reason other than default on the part of the Under-Sheriff or his Court Messengers be withdrawn by the party at whose instance the Under-Sheriff shall have been required to execute such Execution Order, the Under-Sheriff shall be entitled to be paid by the Solicitor or the party demanding the execution of such Execution Order the expenses properly incurred by him (not exceeding what is provided for by such Schedule), and in addition, where the Under-Sheriff or his Court Messenger has gone into possession of goods and the case is settled by the party against whom the execution is directed with the party who shall have required execution or his Solicitor the Under-Sheriff shall be entitled to be paid the poundage as provided in such Schedule on the amount involved in the settlement whether by way of cash payment or other consideration, provided this amount does not exceed the amount stated in the Execution Order to be due for debt and costs and provided further that the poundage in such cases shall be on the amount stated in the Execution Order to be due for debt and costs unless proof is given to the Under-Sheriff by the Solicitor or party at whose instance the Under-Sheriff shall have been required to execute the Execution Order, that the amount involved in the settlement is less than the amount stated to be due on the Execution Order, and where the Under-Sheriff or his Court Messenger has gone into possession of goods and the Execution Order has been withdrawn by reason of the intervention of a Court having bankruptcy Jurisdiction or by reason of a Winding-Up Order having been made by any Court the Under-Sheriff shall be entitled to the poundage as provided in such Schedule on the amount stated to be due for debt and costs in such Execution Order.

6. This Order may be cited as "The Under-Sheriffs' Fees Order, 1931" and shall come into operation on the 1st day of September, 1931.

7. The Interpretation Act, 1923 (No. 46 of 1923) shall apply to the Interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

Given under my seal of office this 1st day of August, 1931.

(Signed) JAMES FITZGERALD-KENNEY,

Aire Dlí agus Cirt.