asked the Minister for Lands if he is aware that in some cases sheriffs' and county registrars' costs in land annuity collection cases have been increased as compared with last year's costs by 600 per cent.; if he will state under what authority such increases have been made, and to what fund these costs are eventually transferred.
Ceisteanna—Questions. Oral Answers. - Costs in Land Annuity Collection.
Mr. Boland
The fees payable to under-sheriffs and county registrars are fixed by the Under-Sheriffs' Fees Orders, 1926-1934. There has been no variation in the costs payable by defaulting tenant purchasers where proceedings for recovery have been taken by way of civil bill. On the 30th of July, 1935, the High Court decided that certain of the fees mentioned in the Under-Sheriffs' Fees Orders were not payable where proceedings were taken by the Land Commission under Section 28 of the Land Act, 1933. Since the passing of the Land Act of 1936 sheriffs and county registrars are entitled to recover the same fees on warrants issued under Section 28 as they would be if proceedings had been taken by way of civil bill.
Fees paid to under-sheriffs are retained by them and fees paid to county registrars are accounted for to the Department of Justice.
Exactly. So that the fees, in some cases, have really been raised by 600 per cent. and have been pocketed by the under-sheriffs. Is the Minister aware that, when the Act was passed, the plea of the Government, in connection with proceedings under Section 28, was that it was in order to avoid expense? Now, however, the fees have been raised 600 per cent. and they are going into the pockets of the under-sheriffs.
Mr. Boland
That is not correct. The fees have not been raised 600 per cent. but, as the Deputy knows, the High Court decided that in connection with certain of the fees mentioned in the Under-Sheriffs' Fees Orders they were not entitled to recover under Section 28, and he also knows that the costs in these cases are much less now than when the Land Commission had to proceed by way of civil bill.
On what basis does the Minister calculate percentages? If fees that were once 1/7 are now 7/-, is not that 600 per cent.?
Mr. Boland
I say that the position of the sheriffs was that they could collect practically no fees, whereas the intention of the Oireachtas was that they should be able to collect the fees, and that difficulty was set right by the last Act.
But the fact remains.
Mr. Boland
The fact remains that the fees are less than they were when the thing could only be done by way of civil bill.
I did not ask that question.
Mr. Boland
No, but I wanted it brought out.