§ MR. T. M. HEALY (Louth, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland why the Land Commission issue writs for recovery of half-years' annuity, or interest in lieu of rent, from £20 upwards, and do not avail of the powers of the County Courts, which have ample jurisdiction in all cases where the half-year does not exceed £50; whether he is aware that issuing writs against small farmers causes hardship owing to the heavy costs incurred, seeing that the costs of issuing a writ are £2 10s. whereas the costs of a civil bill are only 14s. 6d., that the costs of judgment on a writ are £5 16s., while the costs of a civil bill decree in cases up to £40 are only £1 19s., and above £40 and under 1624 £50 are only £2 19s.; whether the sheriffs' fees attendant on the execution of a fi. fa., are much higher than for executing a civil bill decree; whether the judgment on a writ appears in Stubbs' Gazette, which is ruinous to the credit of defendant, even though he pays without delay, wheras a decree is not so published; whether the powers of the sheriff are as effective under a decree as on a fi. fa., as a freehold interest in neither case can be seized by the sheriff; whether on a return of nulla bona on both a decree and fi. fa. the Land Commission advertise the holding for sale and sell under their statutory power; whether having regard to the number of cases in which proceedings are instituted, very few judgments or decrees are entered up, as nearly all defaulters pay on being 1625 served with either civil bill or writ; whether he is aware that there are four civil bill sessions in each county in the year, and all cases not exceeding £50 can be speedily dealt with in the County Courts; that no witness has to be procured to prove the amount due, as a certificate under the seal of the Land. Commission is made evidence, and that the Land Commission sue in County Courts at present at the Easter and Michaelmas sessions; whether the solicitor to the Land Commission, being paid a fixed salary, gets no costs of these writs; and how are the costs so recovered disposed of.
(Answered by Mr. Birrell.) The Land Commission proceed in the superior Courts for the recovery of annuities from £20 upwards because the proceedings are more expeditious and effectual than proceedings in the County Court for the purpose of recovering arrears, in order to meet the dividends and sinking fund payments due in respect of the stock issued for the advances made, and to prevent charges against the Guarantee Fund and the rates of the counties. It is to be remembered that £20 for a half-year's annuity represents an advance of over £1,200, and the holding therefore is of considerable value; and it is the experience of the Land Commission that in such cases the money is more promptly recovered when the defaulters are sued in the Superior Courts. The Land Commission, as trustees of public moneys, which they are bound to collect punctually, feel obliged to use the most effective methods available for compelling payers of annuities and of interest in lieu of rent to pay without unreasonable delay. Writs are never issued until two demands for payment have first been made, and notice given that legal proceedings would be taken if debt should not be paid within a stated period. The full costs of issuing and serving a writ are £2 10s.; of marking judgment £4 18s. 6d. The Land Commission do not register their judgments which therefore do not appear in Stubbs' Gazette. The sheriffs' fees are almost identical in writ cases and in civil bill decrees. The lodgment fee is 1s. less in civil bill decrees than in Superior Court judgments; otherwise the fees are the same. Upon a return of "No Goods," in the case of either a judgment or decree, 1626 the Land Commission advertise the defaulters' holding for sale under their statutory powers. During the last completed year, 360 writs were issued by the Commissioners' solicitor for debts over £20 and not exceeding £50, and in these cases sixty-nine judgments were marked. Judgment is marked or a decree is made in about one case in every five in which proceedings are taken. It is the case that there are four civil bill sessions in each county in the year, and that cases not exceeding £50 can be dealt with in the County Court; also, that no witness has to be produced to prove the Land Commission claim, as the certificate of debt under seal of the Irish Land Commission is accepted as evidence. The Land Commission only sue at the two sessions mentioned in the Question because the annuities and interest are payable half-yearly and not quarterly, and the interest and sinking fund on the stock issued for advances are also payable half-yearly. The costs recovered from defaulters by the Commissioners' solicitor are appropriated in aid of the Land Commission Vote.