The Gazette 1910-11

DECEMBER, 1910] The Gazette of the Incorporated Law Society of Ireland.

171

Treasury Chambers, Whitehall, S.W., Nov. 4, 1910.

" and that the Court is satisfied that such " complainant or defendant is from infirmity " or other unavoidable cause, unable to " appear." Stamp Duty on Premium Leaseholds, Finance (1909-10) Act, 1910. THE following correspondence has appeared in the Times : 41 Moorgate Street, London, E.G., Aug. 10, 1910. The Right Hon. D. Lloyd George, M.P., Chancellor of the Exchequer, Treasury, Whitehall, S.W. SIR.—We beg to direct your attention to what appears to be a somewhat anomalous position under the Finance (1909-10) Act, 1910. Under Section 73 of the Act, the Stamp Duty on a conveyance or transfer on sale of any property, where the consideration does not exceed £500, remains as under the Stamp Act, 1891, viz., 10s. per cent., but the new Act is silent as to the relative Stamp Duty in respect of the premium on the demise of leasehold property at a ground rent. There is a scale applicable to the ground rent, but, as before stated, no provision is made as to the duty on the premium, and the Inland Revenue authorities construe this to mean that the duty on the premium, even if the latter is less than £500, is to be at the rate of £1 per cent., and charge accordingly. This would appear to be either an over sight on the framing of the Act, or obviously an injustice, for, for the sake of argument, supposing in the purchase of a freehold house the consideration is £500, the Stamp Duty would be £2 10s., whereas in the case of the demise of a leasehold house at, say, a ground rent of £5, where the consideration is a premium of, say, £400, the Stamp Duty would be £4, plus the scale on the ground rent. We" have taken the liberty of writing to you on the matter, as, of course, the Inland Revenue authorities say their duty is simply to administer the Act. We are, Sir, Your obedient Servants, BENNETT & LEAVER.

GENTLEMEN.—With your letter of August 10th last, relative to the Stamp Duty on the purchase of leaseholds when the consideration is less than £500, I am desired by the Chancellor of the Exchequer to inform you that he has under consideration the question of amending Section 75 of the Finance (1909-10) Act, 1910, so as to remove the hardship to which you refer. Yours faithfully, M. H. SANDS. Messrs. Bennett & Leaver. Land Registry of Ireland. THE attention of members is drawn to the new rules under the Local Registration of Title (Ireland) Acts and the Small Dwellings Acquisition Act, which were issued on the first day of September last. A Blue Book containing the Local Registration of Title (Ireland) Act, 1891, the Small Dwellings Acquisition Act, 1899, the.Local Registration of Title (Ireland) Amendment Act, 1908, the Local Registration of Title (Ireland) Act, 1909, the Orders and Rules under these Acts issued in September last, and a general index, can be obtained by post for one shilling and twopence from Messrs. E. Ponsonby, Ltd., 116 Grafton Street, Dublin. Fees to Irish Counsel in House of Lords Appeals. THE attention of the Council has been directed to a case in which an Irish Solicitor, acting for respondents in an Irish Appeal to the House of Lords, had marked on the briefs and had paid to Senior Counsel one hundred guineas, and to Junior Counsel sixty-six guineas. The Appeal was dismissed with costs, and on the taxation of the costs of the respondent, the Solicitor for the appellant objected to the amounts of the fees paid to Counsel on their briefs. The Taxing Officer allowed to the respondent, as against the appellant, seventy guineas on brief to Senior and forty guineas on brief to Junior Counsel. The Council communicated with the General Council of the Bar of Ireland, and suggested a conference between representa tives of both Councils with a view of arriving reference to