HC Deb 20 October 1909 vol 12 cc430-1W
Mr. O'SHEE

asked the Chief Secretary whether, when a writ of summons is issued by the Land Commission against a tenant purchaser to recover a half-yearly instalment of an annuity and the defendant pays the amount, with £2 10s. costs after service of the writ, credit is given to the tenant purchaser for portion of these costs when the Land Commission are calculating the amount of the next decadal reduction; whether he is aware that the solicitor for the Land Commission, if requested so to do, usually accepts either £1 or £1 5s. for the costs of writ of summons; whether, when no such request is made, through ignorance of this fact on the part of the defendant, credit will be given to such defendant for the overpayment; and whether, as the solicitor for the Land Commission is paid by salary, all legal costs except actual outlay paid by a tenant purchaser who is a defendant have been, or will in future be, credited to such tenant purchaser?

Mr. BIRRELL

I am informed by the Land Commission that writs are only issued from the Superior Courts when the instalment to be recovered exceeds £30, and are not issued until it has become necessary to draw on the Guarantee Fund to make good the deficit caused by non-payment. Having regard to the provisions of Section 25 (2) (a) of the Irish Land Act, 1896, it would not, in the opinion of the Commissioners, be legal to give credit for costs recovered from defaulters when calculating the next decadal reduction. Occasionally, when special reasons have been shown for the default, no costs, or only part of the costs, have been charged; but this is the exception, not the rule. The course suggested in the concluding paragraph of the question is not practicable. If the hon. Member will refer to the Estimates which have been presented to Parliament he will see that the costs recovered from defaulters are treated as an appropriation in aid of the Vote for the Irish Land Commission, and are credited accordingly.