Peace commissioner v Commissioner of Oaths

camper

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My apology if this incorrect thread
.Can someone inform me if a peace commissioner can be witness to oath similar to commissioner of Oaths. I am speaking in terms of swearing affidavit for court proceedings. Thanks
 
Often wondered about the difference between the two. I know a commissioner of Oaths charges a small fee but peace commissioners I always believed were an honorary appointment and there are no fees charged. Apart from the small charge one imposes, is there a difference between them?
 
A Commissioner for Oaths is appointed by the Chief Justice and a Peace Commissioner is appointed by the Minister for Justice. All solicitors with an Irish practicing certificate also automatically fulfill the same role as a Commissioner for Oaths. The prices charged for a Commissioner are set by law and are (normally) €10 per signature and €2 per exhibit. A Peace Commissioner cannot charge for the service.

From my understanding a both types of Commissioner perform the same function under law - taking swearing and affidavits. There may be differences and, is so, I'm not aware of what they are.
 
Thanks for that but I have been charged by a Peace Commissioner on numerous occasions for signing a document or similar. On getting the service done I would say, do I owe you anything? and the answer was "Ah sure a tenner will cover it". Anyone else have similar experiences?
 
From my understanding a both types of Commissioner perform the same function under law - taking swearing and affidavits. There may be differences and, is so, I'm not aware of what they are.

I don't believe a Peace Commissioner can swear an affidavid - you would need a Commissioner of Oaths for this. However, they can witness documents. Also, they have the authority to issue summons and search warrants to Gardai (infrequently used) - I don't think Commissioners for Oaths can do this.

Peace Commissioners are not supposed to charge. Commissioners for Oaths can charge (although if they happen also to be a Peace Commissioner they are not supposed to charge for simply witnessing documents).

 
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I don't believe a Peace Commissioner can swear an affidavid - you would need a Commissioner of Oaths for this. However, they can witness documents. Also, they have the authority to issue summons and search warrants to Gardai (infrequently used) - I don't think Commissioners for Oaths can do this.

Peace Commissioners are not supposed to charge. Commissioners for Oaths can charge (although if they happen also to be a Peace Commissioner they are not supposed to charge for simply witnessing documents).

Yes, it looks like you are correct. Order 40 of the Rules of the Superior Courts states:

"5. Affidavits sworn in Ireland shall be sworn before a judge, commissioner to administer oaths, or officer empowered to administer oaths,".

I don't know if a Peace Commissioner is empowered to administer oaths so I'll leave that to someone else.
 
Thanks for that but I have been charged by a Peace Commissioner on numerous occasions for signing a document or similar. On getting the service done I would say, do I owe you anything? and the answer was "Ah sure a tenner will cover it". Anyone else have similar experiences?

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I'm attaching a quote from the Citzens Advice Bureau https://www.citizensinformation.ie/en/justice/civil_law/peace_commissioners.html and it clearly states:

"Peace Commissioners are honorary appointments and there is no remuneration or financial compensation by way of fees or expenses for their services." I think you should not have been charged.
 
Thanks dublin67 , I was fairly sure there was no charge but then again €10 was more than worth it and couldn't really find it in myself to tell the PC go and jump. Not too many doing something for nothing anymore in our society, apart from our genial host Brendan and the work he carried out for mortgage victims.
 
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