HC Deb 24 May 1901 vol 94 cc1126-7
MR. DILLON

I beg to ask Mr. Attorney General for Ireland whether he is aware that at Dromore, county Tyrone, the resident magistrate in proceedings for recovery of debt under the Charitable Loans (Ireland) Act, 1900, habitually orders the clerk to calculate amount due at 7½ per cent. interest on amount of bill at last renewal; that, in making out account, the overcharges for the six years period mentioned in the Act are not deducted from amount of the note; and that the Bench refuses in all cases to allow the amount for which decree is given to be paid in instalments as provided in the Act; and whether any instructions are given by the magistrate to the petty sessions clerk to guide him in making the calculation ordered in the Act; if so, whether he can give a copy of such instructions.

THE ATTORNEY GENERAL FOR IRELAND (Mr. ATKINSON,) Londonderry, N.

No general instructions such as are mentioned in the last paragraph have been given by the resident or other magistrates of the Dromore bench, each case being dealt with on its merits. Overcharges are invariably deducted in ascertaining the amount due. These magistrates have almost invariably refused to order payment by instalments. This is a matter entirely in their discretion. They have also decided judicially that in most, if not all, of these cases the loan societies are entitled to interest at the rate of 7½ per cent. If they are in error the aggrieved party can appeal.