asked the Minister for Lands and Agriculture whether he is aware that a large percentage of prosecutions brought by the Land Commission for recovery of annuities have been dismissed with costs against the State, on the grounds that the defendants were able to produce their Receivable Orders stamped regularly up to date; whether, owing to alleged arrears, Agricultural Grants are withheld from the Limerick County Council, and if, in view of this, he would consider the advisability of having the accounts of the Land Commission investigated.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - LAND COMMISSION ANNUITIES.
The number of cases in which dismisses have been given in proceedings for recovery of arrears of land purchase annuities in the County Limerick is so small that they may be regarded as negligible. As regards the western part of the county, in the proceedings taken during the year 1924 there were about a half dozen dismissals, and appeals are pending therein, while in the eastern portion there was only one case defended out of some 1,000 processes issued, and it was "nilled." Land purchase annuities which are not paid in time by the parties are by law charged on and made good out of the Guarantee Fund, which includes the Agricultural Grant, and, when received, the arrears are repaid to that fund. As regards the concluding portion of the question, the accounts of the Land Commission are audited by the Comptroller and Auditor-General.
If the accounts are audited how are all these dismisses given?
It is the custom of some annuitants to refrain from paying their land purchase annuity until they receive a solicitor's letter demanding payment. They then send the annuity to the Land Commission, with the Receivable Order, as it is too late to send it to the bank. The Land Commission receipt the Receivable Order, and return it to the payer, who is informed that he must pay the costs. He does not pay the costs, and the solicitor goes ahead and takes out a decree.
Why are the dismisses given with costs? The cases I referred to are cases where they had the annuities paid before the instalment became actually due.
There were six cases of dismisses out of 2,000 processes in County Limerick, and these six cases are subject to appeal.