HC Deb 04 June 1883 vol 279 cc1626-7

asked the Chief Secretary to the Lord Lieutenant of Ireland, Whether it was a fact that, where a landlord appeals from the decisions of the Sub-Commission Court fixing fair rents, and that on a hearing of such appeals the Land Commission dismiss the same, and direct the payment to the tenant of a certain amount for costs should the landlord prefer not to pay these costs, the tenant is obliged, owing to the system at present in force in the Court of the Land Commission, before he can compel obedience to the order, to incur the expense of a special application to the Court for a writ of execution against the landlord; whether, for the purpose of such application, no less than two notices must be previously served, a copy of the order taken out, affidavits made, and all the usual preliminaries incident to an ordinary motion on notice gone through; whether, for all the expenditure incurred, calculated to amount to almost if not as much as the entire sum originally awarded him, the tenant is allowed but the small sum of sixpence; and, whether, inasmuch as the system is capable of being wrought with such expensive and inconvenient effect to large bodies of tenant farmers in Ireland seeking the benefits of the Land Act, he will represent to the Land Commissioners the expediency of assimilating the practice of their Court, regulating the mode of recovering these costs, to that of the other Divisions of the High Court of Justice in Ireland where such form is and always has been unknown?


When either a landlord or a tenant against whom the costs of an appeal have been awarded under the Land Act does not pay the amount due, the mode of enforcing payment is by a writ of fi. fa. issued by the Land Commission. Before the writ issues, an application for payment must be made to the person indebted, and an affidavit that such application has been made must be filed. The application for payment may be by registered letter. The affidavit may be sworn before any Justice of the Peace, and is filed without any charge. The writ is issued without any charge. In cases where the costs originally awarded exceeded £1, a sum of 5s. is awarded to the litigant who is put to the trouble of enforcing payment in the manner I have stated. The system appears to be simple and just, and not to require any alteration.