29
THE ESTATES GAZETTE.
January 7, 1899.
the same relief that was afforded to agricultural land by the Agricultural Rates Act, and would be perfectly satisfied if this were done pending the issue of the report of the Royal Commission. They asked for the advice and assistance of the Archbishop in this matter.
Other members of the deputation! spoke, and cases were quoted showing the hardship of the present condition of things.
Mr. Gepp stated that his outgoings for rates alone, exclusive of land tax and income tax, amounted to 21 per cent, of his income. One clergyman in his deanery was unable to pay wages for a servant, and another groomed his own pony.
Chancellor Lias said his own living was worth only £550, instead of £826. IHe had to pay £73 in rates on tithe, and after meeting other taxes and curate’s salary, he did not receive more than £275. Having a little private property, he did not suffer, but the existence of this condition of things would keep out from the ministry everyone without private means. They did not ask for doles, but for justice.
The Archbishop, in reply, said he could not, of course, pretend to go into the details of the question and express his personal views, but he might say at once he entirely agreed that the tithe owners had a grievance, and it seemed to him a very great grievance. He, with the late Archbishop of Canterbury, saw Mr. Chaplin before the Agricultural Rates Act was passed, while it was still under consideration, and did all he could to press the matter on his attention then. The general feeling on the part of the clergy, he thought, was that they ought to be exempt from payment of rates altogether. (A laugh). That was the feeling then. It was put on the footing that it was professional income, and that a man ought not to 'be rated on his professional income.
The Rev. E. F. Gepp: That was the idea of the Chancellor of the Exchequer, I believe.
The Archbishop said he thought it was, but lie did not think they could stand upon that. Looking on it as a tax, they must make the incidence of the tax depend on the nature of the property, and not on the way the property might be assessed. He did not think it possible to maintain that position. What they urged was that the tithe owners should be treated like the rest, but Mr. Chaplin said the discussion had gone too far to make such an alteration in the Bill, and that he did not think it possible to carry such an alteration then. Mr. Chaplin pointed to the report of the Commission, presently to be issued, which, he said, would undoubtedly look closely into the grievances of the clergy. He (the Primate) had hoped that the Commissioners would have issued an interim report on the matter before this time. He was much disappointed that they had had no such interim report, and now it did not seem that the Commissioners had the slightest intention of publishing such a report.
from letting his concurrent right to a third person. (“Woodfall,” p. 768, 16th ed., quoting “Morgan v. Jackson” [1895], 1 Q.B. 885, in which Mr. Justice Day said, “ The County Court Judge has construed section 3 of the Ground Game Act, 1880, as having a much wider operation than it really has. It was passed for the purpose of preventing occupiers and their landlords from combining to defeat the object of the Act, and that object is to keep the ground game at the disposition of the occupier.”)
In answer to “Agent,” we thought that it was matter of common knowledge in the profession that a distress cannot be made on the same day on which the rent becomes due, for it is not in arrear until the next day. Of course, however, the custom of some particular locality or a special agreement between the landlord and tenant may empower the former to distrain earlier ; for instance, where a tenant undertakes to pay rent in advance, it can be distrained for in advance. Where again, by the custom of the country, half-a-year’s rent became due on the day in which the tenant entered, it was held in the old case of “ Buckley v. Taylor ” that the landlord might distrain before the half-year had expired. On the other hand, the right to distrain may be postponed by agreement, for example, until the landlord has produced his receipt for the rent due from him to the superior landlord. So, a power of distress may be granted after demand of the rent from the tenant personally, or in some other specified manner ; but where the rent is to be paid, “being lawfully demanded,” the distress is a sufficient demand. “Agent” will find the subject treated of and “Dibble v. Bowater” and other authorities quoted in Daniels’s “ Handbook of the Law of Distress,” of which the third, edition has just been published at the office of this paper.
THE RATING OF TITHE RENT-CHARGE.
On Monday the Primate received, at his residence in the precincts of Canterbury Cathedral, a deputation from the Council of the Tithe Rent-charge Owners’ Union, consisting of the Rev. E. F. Gepp (Chelmsford), Rev. T. Lloyd (Epping), Chancellor Lias (Colchester), Mr. H. L. Grove, and Mr. E. W. J. Peterson, secretary.
The Rev. E. F. Gepp alluded to the fact that by its resolution of March 23, 1897, the House of Commons had admitted the burdens of local taxation borne by tithe owners to be inequitable and excessive, and a grievance which called for substantial relief. The Chancellor of the Exchequer referred them to the Royal Commission, but no interim report had yet been issued, although he knew that Lord Balfour was much in favour of that step. The tithe owners felt keen disappointment that they were not given
co-worker to disclose the name of his principal, and how many times the agent has to regret having yielded to the plausible request. In “ Clibbery v. Homer,” the plaintiff’s counsel stated that although the defendant had received commission amounting to just on £16,000—“a marvellous stroke of business,” the learned gentleman added, in a spirit, we will hope, rather of admiration than envy—out of the plaintiff’s introduction to a heavy London speculator in public-house property, he had refused to give the plaintiff his proper share of the commission, but contended that a paltry £75 which he had paid was in full settlement of all claims. It will be seen from the report in another column that the jury gave Mr. Clibbery the whole amount sued for, namely, £1,689 15s. The facts were peculiar and the case merely goes to show that the motto “ Scio cut credidi ”—I know in whom I have trusted—is a very good one for all men of business.
In the Birmingham case no point of law was involved, but the vexed question of the propriety or impropriety of taking a commission from both sides incidentally cropped up. The custom was somewhat severely handled both at the bar and by Mr. Justice Ridley. In his summing up, his Lordship observed” that “ In receiving commission from both sides the defendant was only one of a great number tf persons who did such things, however improper.” We have often had occasion to say that there is nothing illegal in taking a double commission if there has been a specific agreement to that effect. Under certain circumstances, moreover, there would be no great impropriety in taking it “when you can get it,” as was once said by a flippant plaintiff. But there are cases in which such a mode of dealing would be clearly reprehensible, and Mr. Justice Ridley ־would seem to have laid stress upon the fact that the defendant was a solicitor, who, by-the-bye, had admitted in cross-examination that he had been “reported twice for misconduct to the Law Society, but the charge had been dismissed. He had also been charged with detention of money and had paid up after the action.”
Section 3 of the Ground Game Act of 1880 provides that “Every agreement, condition or arrangement which purports to divert or alienate the right of the occupier as declared, given and reserved to him by this Act, or which gives to such occupier any advantage in consideration of his forbearing to exercise such right, or imposes upon him any disadvantage in consequence of his exercising such right, shall be void.” The section was used with effect against part of the counter-claim set up by the defendants in “Knowles v. Causey.” It prohibits, indeed, “contracting out” as between landlord and tenant, though it is material to remember that it does not prevent the tenant
legal tapirs.
By a Barrister.
[The writer will answer any question relating to real property law, or to the practice of Agents. Auctioneers, and Surveyors, under " Queries and Replies. 1׳
With the new year there came into force compulsory registration of the title to land whenever a sale takes place in Hampstead, St. Pan-eras, and certain other parishes in London. This will apply not only to sales of freehold property, but to the sales of leases and underleases wdiere the unexpired term is 40 or more years. The rest of the metropolis will be brought gradually and in due course under the operation of legislation. Probably we are within measurable distance of general compulsory registration of title. To discuss the merits and details of the system at length would be outside the scope of these “ Topics,” for its technicalities can only be of interest to the professional lawyer. It is well known that similar schemes of registration of title have been in force fen many years in the Australian colonies and in Canada, where they are reported to be operating very satisfactorily, and recently the “ American Law Review ” gave an account of the way in which the new Land Registration Act is worked in Massachusetts, from which it appears that it is looked upon as a most useful measure, though some doubts are entertained as to its constitutionality.
“Why should England wait?” is a question in connection with registration which has been asked for many years by legal reformers. It is popularly supposed that lawyers are opposed to registration because they consider it likely further to cut down their costs and emoluments. We are inclined to doubt whether it would have so great an effect in that direction as is imagined, but, were it so, the interests of the public are to be considered as well as those of the men of law. There are two sides to this, as to every other question. The more economical and easy negotiability of land—if the phrase is permissible—is an object to be aimed at in a community which becomes more and more commercial every year, and simplification of title and cheapness of conveyance tend to further that object as they themselves are furthered by schemes of registration. In the concise and well-conceived leading article in the Estates Gazette of last week on the real property market of 1898, it was pointed out that the value of such property has increased, is increasing, and is not likely to be diminished, and it seems to us that the upward tendency should be materially fostered by the legal changes to which we have briefly referred.
It would be interesting to know how many times in the course of a year an agent or middleman is induced by a supposed friend and
SUSPENSION BRIDGES.
As erected over rivers at Hereford, Trentham, Grim3by, Keswick, Band on and abroad.
Strong, Elegant and Inexpensive.
From 50 to 300 feat span. Write for Illustrated List. LOUIS HARPER, A.M.I.C.E., ABERDEEN, N.B
Contractor to Her Majesty’s Colonial Government.
The Leading Advertising Mediums in the Midlands.
Cheap, Popular, Effective Advertising!
THE “HERALD SERIES’’
The leading Journals in the Districts named.
These old-established Newspapers, four in number,
; command one of the most populous districts in the Counties of Worcestershire, Warwickshire, and Staffordshire, comprising a population of upwards of a million.
The Herald Series comprise the following: —The DUDLEY HERALD (established 1866), with which is incorporated The Guardian, for Oldbury, West Bromwich, Smethwick, Spon-lane, etc.; WEDNES-BURY BOROUGH NEWS and Darlaston Chronicle (established 1868), extensively circulated in Wednes-bury, Darlaston, Bilston, Great Bridge, Oldbury, West Bromwich and Smethwick; TIPTON HERALD (the only local paper), and Herald, for Dudley Port, West Bromwich, Coseley, Deepfields, Great Bridge, Tivid'ale, Burnt Tree, etc.; Worcestershire and Staffordshire COUNTY HERALD, and The Herald, for Brierley-hill, Stourbridge, Wordsley, Rowley, Halesowen, Old-hill, Blackheath, Langley, Pensnett, Kingswinford, etc.
District Offices, Wednesbury. Tipton, Brierley-hill. Stourbridge. London Office, 82, Fleet-street. Head Office, Herald Works, Dudley.
WILLIAM BARROK & SON,
LANDSCAPE GARDENERS AND NURSERYMEN,
Invite intending planters to inspect their unrivalled Stock of ORNAMENTAL and FOREST TREES. Sand for Catalogues and List of Public and Private Works carried out by them.
ELYASTON NURSERIES, Borrowash, Derby.
ESTABLISHED 1851.
BIRKBECK BANK,
Southampton Buildings, CHANCERY LANE, LONDON, TWO-AND-A-HALF per CENT. INTEREST allowed on DEPOSITS, repayable on demand.
TWO per CENT, on CURRENT ACCOUNTS, on the minimum monthly balances, when not drawn below £10.
STOCKS, SHARES and ANNUITIES purchased and gold.
SAVINGS DEPARTMENT
For the encouragement of Thrift the Bank receives small sums on deposit, and allows Interest monthly on each completed £1.
BIRKBECK BUILDING SOCIETY.
HOW TO PURCHASE A HOUSE FOR TWO GUINEAS PER MONTH.
BIRKBECK FREEHOLD LAND SOCIETY
HOW TO PURCHASE A PLOT OF LAND FOR FIVE SHILLINGS PER MONTH.
The BIRKBECK ALMANACK, with full particulars, post free.
FRANCIS RAVENSCROFT, Manager.
rnHE “HALIFAX GUAJELDIAN.” — ES-
-1- TABLISHED in 1832, nearly a quarter of a century before its oldest existing contemporary, maintains its position as the leading weekly Newspaper in the extensive parish of Halifax, which has a population of upwards of 200,000 and extends over the large area of 75,000 acres.
For a period of sixty-six years it has been closely identified with the numerous and varied industries of the Borough and surrounding township, and is generally recognised as the best local medium for advertisements of Sales of Estates and every description of property. Prospectuses of Public Companies, and all announcements demanding the attention of Capitalists, Investors, and others.
Specimen copy free on receipt of stamped addressed wrapper.
Printing and Publishing Offices,
George-street, Halifax.
THE “FINANCIER”
(Established 1870. Enlarged 1897).
A BUSINESS PAPER FOR BUSINESS MEN.
ONE PENNY.
Telegraphic Address: ‘־SHRUNK, LONDON.” Published every morning. Piice, unstamped, Id., or £1 6s. per annum ; free by post l£d., or £L 19s. annually.
Advertisers should address the Manager, at the Offices,
2, ROYAL EXCHANGE BUILDINGS, LONDON, E.C.
CARSON’S
PAINTS.
Specially manufactured for all kinds of Outdoor Work on
Estates & Residential Property
Sent out in Dry Powder, with Oil Mixture Separate. Easily Mixed and Applied.
nguin PAINTS
For all Purposes in 40 Colours.
Patterns and Prices Free on Application.
HILL & SMITH
CONTINUOUS IRON FENCING.
Iron Hurdles and\ Field and Entrance Gates, Wire Fencing, Tree Guards, Stable and Cowhouse Fittings, Piggeries, Netting, Black Varnish.
WALTER CARSON & SONS,
Grove Works,
LOMBARD ROAD, BATTERSEA, LONDON.
AND
BACHELOR’S WALK, DUBLIN.
AUCTIONEERS, SURVEYORS,
LAND COMPANIES AND OTHERS
REQUIRING BOARDS
— Should apply to —
GEO. BROWN,
THE OLD ESTABLISHED
Notice, Sign & Bill Board Contractor,
WRITER, &.C.,
Bury Street, St. Mary Hxe, City,
Corner of Heneage Lane.
N.B.—Country firms will find this an unequalled opportunity for obtaining good Boards at the shortest notice, and at low prices.
THE PARAGON CATTLE CRIB.
Strong bat Light. Cheap but Durable. Price, Painted from 45 /־, Galvanized from 52/־ each.
The ECONOMIC SHEEP RACK, 9ft. long. Price 68 B each. CATTLE, SHEEP and PIti TROUGHS, and other Agricultural Feeding Appliances,
Catalogues free on application to
HILL & SMITH,
Brierley Hill Ironworks, nr, Dudley.
OR
118, QUEEN YICTORIA STREET, LONDON, E.C.
Replies mention this advertisement.