HC Deb 06 February 1913 vol 48 cc13-5
15. Mr. GINNELL

asked whether, having regard to the failure of the Land Judge's Court in Ireland to lay before Parliament the annual Returns required by Statute, to the refusal of the Court to supply specific information when asked in Parliament, and to the facts that the sale of land is the Statutory business of the Court, that estates subject to an order of the Court for sale since 1849 are still unsold, and that hardships result, the Government will treat failure to sell in sixty-four years as sufficient proof of incompetence, and transfer the sale of all those estates to the Estates Commissioners?

Mr. RUSSELL

The Registrar of the Land Judge's Court informs me that par- ticulars of the working of the Court required by Statute are now to be found in the Judicial Statistics published annually by the Registrar-General and presented to Parliament. The Land Judge has never refused any information within his power, but he has pointed out on many occasions that to ascertain accurately the particulars of all the property now in Court would entail an exhaustive and laborious inquiry. Since the appointment of the present judge most drastic means have been adopted for disposing of the estates before the Court, and no property is permitted to remain in Court unless the parties are prepared to proceed to an early sale. There is no power to transfer the sale of these estates to the Estates Commissioners.

Mr. GINNELL

Has the Land Judge explained the fact that there are estates in his court which have been for sale since the year 1849?

Mr. RUSSELL

I am personally aware, because this is a subject, which has been before Parliament very frequently in days gone by, that in late years enormous progress has been made in clearing off these estates.

16. Mr. GINNELL

asked the Chief Secretary for Ireland whether, in view of the fact that there is no Statutory authority for the appointment of receivers and management of estates in the Land Judge's Court in Ireland for indefinite periods or in perpetuity, he will say under what authority such appointments are made; the number of receivers now employed, with their total annual salary; whether the continuance of their employment depends on the estates remaining unsold; by whom and under what power the receivers' qualifications are ascertained, their salaries fixed, and their functions regulated; and whether he will consent to give a Return of the rules now in force, the receivers employed, their previous occupations, dates of appointment, and present salaries?

Mr. RUSSELL

The Registrar of the Land Judge's Court informs me that the appointment of a receiver must necessarily be for an indefinite period, but no receiver is retained in perpetuity or for a longer period than is necessary. The Land Judge is bound to appoint receivers, not merely in cases where absolute orders have been made in his own Court, but in all cases where the appointment is required by other judges. The number of receivers now employed is 186. They are not paid by salary but by fees on the amounts collected. All the rules in force have been made by the rule making authority under Section 75 of the Judicature Act and presented to Parliament. The receivers are nearly all experienced land agents, and many of them are members of the Surveyors' Institute. My right hon. Friend cannot consent to the granting of the Return referred to in the last paragraph.

Mr. GINNELL

Is it correct, as stated in the question, that it is in the interest of these receivers to keep the properties unsold?