71 / 114
DECEMBER, 1910]
The Gazette of the Incorporated Law Society of Ireland.
171
" 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.
Treasury Chambers,
Whitehall, S.W., Nov. 4, 1910.
GENTLEMEN.—With
reference
to
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