The Sheriffs' Fees (Amendment) Order 1956

Statutory Instruments

1956 No. 502 (L. 5)

FEES

The Sheriffs' Fees (Amendment) Order, 1956

Made

28th March 1956

Coming into Operation

1st May 1956

I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, with the advice and consent of the undersigned Judges of the Court of Appeal and the High Court, and with the concurrence of the Treasury, do thereby make the following Order in exercise of the powers conferred on me by section 20 (2) of the Sheriffs Act, 1887:—

1.  In this Order a fee referred to by number means the fee so number in the Schedule to the Order made under section 20 (2) of the Sheriffs Act 1887, and dated the 8th day of July, 1920(1).

2.  The fee for mileage shall be one shilling and sixpence instead of one shilling per mile and accordingly in Fee No. 1 for the figure “£0.1.0” there shall be substituted the figure “£0.1.6” .

3.  In Fee No. 3 (which relates to work done in making inquiries as to claims) after the words “the goods” there shall be inserted the words “where a claim in writing is received by the sheriff's officer” .

4.  The following fee shall be substituted for Fee No. 4:—

“4.  For keeping possession of goods or animals—

(a) where a man is left in physical possession (the man in possession to provide his own board) per man per day	£0.17.6
(b)where walking possession is taken under an agreement in the form set out in the Schedule to the Sheriffs' Fees (Amendment) Order, 1956, per day	£0. 5.0.

NOTE.—This fee is payable in respect of the day on which the execution is levied but a fee for physical possession must not be charged where a walking possession agreement is signed at the time of levy.”

5.  This Order may be cited as the Sheriffs' Fees (Amendment) Order, 1956, and shall come into operation on the 1st day of May, 1956.

Kilmuir, C

Goddard, C.J

Evershed, M.R

G. Justin Lynskey, J

Martin Redmayne

Gerald Wills

Lords Commissioners of Her Majesty's Treasury

Dated the 28th day of March, 1956

SCHEDULE

Walking Possession Agreement

EXPLANATORY NOTE

This Order amends the fees payable to sheriffs for the execution of writs of fi.fa. The mileage fee is increased; the fee for inquiries as to claims is limited to claims received in writing, and the new fee for keeping possession of good recognises the practice of talking walking possession.

(1)

(Rev. XX, p. 734: 1920 II, p. 673).