2. Is there any objection to a barrister leaving the court on hearing a prisoner ask for a dock brief? Answer: No.

3. Does the barrister commit a breach of etiquette or show any discourtesy by removing his wig under such circumstances? Answer: Yes.

VI.-Ex Irish Judges Practising in England.

The council resolved that there is no objection to men who have been judges in Ireland and have retired with pensions, and who are members of the English Bar, practising in England under the usual conditions.

VII.—Barrister Engaging in Business.

The council was invited by the Attorney-General of Gibraltar to express an opinion as to the propriety of a barrister engaged in business in Gibraltar practising. The council replied that:

66

According to the practice of the Profession in England, a practising barrister, if acting as a director of a company, ought not to act as counsel for the company, and the counsel is of opinion that the barrister in question would not be right in acting as counsel for his company in this country, e.g., before the Privy Council. But the conditions in Gibraltar are different from the conditions in this country, and the council is not prepared to differ from the opinion of the Attorney-General of Gibraltar as to the propriety of a barrister so acting in Gibraltar."

VIII. Ex-Judge Practising.

The Bar Committee of the Federated Malay States requested the council to express an opinion upon the propriety of a judge of the Supreme Court of the Federated Malay States on his retirement from the Bench practising as an advocate and solicitor of that court. The council found that rules have been made by the judges of the Supreme Court of the Federated Malay States with the approval of the Chief Secretary under sect. 77 of the "Courts Enactment 1918" for regulating the admission of advocates and solicitors to practise in that Supreme Court. Under those rules questions of this nature are matters which the Chief Justice has judicially to determine.

The council decided that under those circumstances it would not be justified in expressing any opinion upon the difference which the Chief Justice has judicially to determine at the request of one of the parties to the difference.

IX.-Acting without Intervention of a Solicitor before Income Tax Commissioners.

The opinion of the council was requested on the above subject by a barrister. The reply of the council was as follows:

(a) The barrister may advise gratuitously or for a fee on a question of income tax, provided no dispute has arisen, without infringing the etiquette of the Profession.

(b) A barrister should not appear before the General Commissioners of Income Tax, the Special Commissioners of Income Tax, or a court of law in a tax case, without the intervention of a solicitor.

X.-Retainer Rule 20.

A firm of solicitors asked whether in a civil case in which the writ had been issued and a consultation had taken place (as to advisability of entering appearance) at which consultation a leader and junior advised, the leader was entitled to a brief at the trial. The council decided that the leader was entitled to a brief at the trial under these circumstances (vide Retainer Rule 20, and White Book 1917, page 2430).

XI.-Apothecaries' Society.

A barrister asked whether, being a member of the Apothecaries' Society, he could act as counsel in proceedings instituted by that society against unqualified medical practitioners.

The council replied that membership alone would not prevent him from acting as suggested.

APPOINTMENTS.

Requests have been received during the year for the names of barristers to fill appointments. A register is kept at the offices of the council of those desirous of such appointments, and nine appointments have been filled therefrom at home and abroad during the year.

COMMUNICATION WITH OTHER BARS.

The council has during the past year received communications from members of the Jamaica, Shanghai, Bombay, Nigerian, Gibraltar, Paris, Belgian, American. and Hungarian Bars with reference to organisation, rules of professional conduct and practice, &c., and it has been able to afford information which it has reason to believe was found useful.

In addition to the matters above referred to, the secretary deals with very numerous inquiries and communications from members of the English Bar and others, and from the councils of Colonial Bars, and from individual barristers in the Colonies, where reference to the council is not found necessary.

CAUSE LISTS, &c.

The council has continued to obtain and post daily in the Temple, the House of Lords, Privy Council, High Court, Mayor's Court, and City of London (Admiralty) lists.

The General Cause lists for the House of Lords, Privy Council, High Court of Justice, and the weekly King's Bench lists may be seen on application at the offices of the council.

Calendars of Prisoners at Assizes and Sessions.-A suggestion having been made that it would be a matter of convenience to members of the Bar if the calendars of Prisoners could be consulted in the Bar Library instead of at the council's offices as heretofore, arrangements have been made with the governors of the gaols to transmit the calendars direct to the Bar Library, Royal Courts of Justice.

Through the courtesy of the Clerks of Assize and other circuit officials, the council has been able from time to time to post notices of alteration of circuit dates and of special arrangements made by the judges of Assize with regard to the order of business. It is believed that such information is useful to members of a circuit who do not happen at the moment to be on circuit, and the secretary will be glad to receive such information for the purpose of posting the same.

The council gratefully acknowledge books and reports from Government Departments, the Law Society, University College of Wales, New South Wales Bar, New York Bar Association, Union des Juristes de Prague, Liverpool Underwriters' Association, Institute of London Underwriters, the Chartered Insurance Institute, Professional Classes Aid Council.

ARBITRATION ROOM.

The council desires to call attention to the council room at 5, Stone-buildings, Lincoln's Inn, which is available for arbitrations, the examination of witnesses, &c. Application should be made to the secretary. Telephone: Holborn 0970.

The council desires to remind the Profession that the chairman of the council is prepared in conjunction with the president of the Law Society to undertake the settlement of differences which may arise between the members of the two branches of the Profession. Before the matter is entertained the parties in dispute are required to sign the following memorandum :

We the undersigned hereby testify our consent to leave the matter in dispute between us to be settled by the chairman of the general council of the Bar, or some member of that council to be named by him, and the president of the Law Society, or some member of the council of that society to be named by him, as they think fit, and to abide by their decision."

This method of settlement was originally adopted at the suggestion of the Law Society and has on many occasions been of service to the parties.

It is hoped that members of the Bar will continue to communicate with the secretary on any matter which may come to their knowledge touching the interests and the well-being of the

NOTES AND QUERIES

This column is intended for the use of the members of the Legal Profession, and therefore queries from lay correspondents cannot be inserted. Under no circumstances are editorial replies undertaken. None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee of bona fides.

QUERIES

1. LIFE ESTATE-GRANT OF REPRESENTATION.-A. by his will appointed C. and D. to be his executors. He devised his real estate unto his wife for life, and after her decease, unto his two sons, T. and E., in equal shares as tenants in common. The widow, who is now dead, had no separate estate. It is desired to know: (a) Whether, having regard to the decision in Re Bridgett and Hayes' Contract (164 L. T. Jour. 409), a grant of representation to the land should be obtained and, if so, by whom. (b) Whether, if no grant is necessary, the trustees can complete the title of T. and E. to the real estate by executing a vesting assent. CYMRO.

2. SALE OF BUSINESS-GOODWILL-FIXTURES.-A. has sold his business of a baker to B., to take over the leasehold premises, stock-in-trade and goodwill, exclusive of the value of the tenant's fixtures. The tenant's fixtures and book debts to be taken at a valuation. B. also to take over the benefit of contracts and engagements entered into with A. in respect of the business which are subsisting at the time of the business being taken over, and in consideration thereof B. to take upon himself all debts and liabilities of the said business. What is the stamp duty payable ? Will it make any difference if the transaction is carried out by agreement or deed? It is assumed that ad valorem duty will have to be paid on the amount payable as on a conveyance on sale, but that no duty is payable on the stock-in-trade. Is this so? Will the authorities at Somerset House require a statement showing an apportionment of the amounts payable respectively for the leasehold premises, goodwill, tenant's fixtures, and will a valuation have to be placed on the contracts and engagements to be taken over after a deduction of debts and liabilities, and if the debts and liabilities exceed the value of the benefits arising from the contracts will such excess be taken into consideration in assessing the duty to be paid? GOODWILL.

3. PURCHASE-ESTATE DUTY CERTIFICATE. The purchaser's solicitor on the purchase of property by his client, A. in his requisitions on title asked for the production or a copy of the certificate under sect. 11 (1) of the Finance Act 1894 in respect of estate duty payable on the death of E. P. who died in 1925. The reply of the vendor's solicitor was that on the vendor's purchase a copy of the certificate was produced by her vendor at the office of her solicitor. On the purchaser's solicitor writing that his client was entitled to proof that the estate duty had been paid, free of expense to the purchaser (see Emmet, 10th edit., p. 493; Re Conlon and Faulkner's Contract, (1916) 1 Ir. 241; Wolstenholme's Conveyancing Acts, p. 27; Seaborne's Vendors and Purchasers, p. 255), the vendor's solicitor replied that the certificate referred to other property and if an inspection was desired the purchaser's solicitor could attend at the office of the solicitor having the custody of it, for that purpose. of course at his own expense. Is the vendor's solicitor bound to produce a copy or the original certificate to the purchaser on or before completion? If he does not do so what are the purchaser's rights? Can he refuse to complete until such certificate is produced to him or a copy supplied by the vendor's solicitor, at his client's expense. Is it usual in a contract to state that land tax or tithe rent charge is payable? In this case land tax is payable but no mention of this fact appeared in the contract, neither did anything appear on the abstract of title, and it was only on making a requisition as to whether such tax was payable that the purchaser's solicitor ascertained the property was subject to land tax. CERTIFICATE.

4. PURCHASE BY PERSONAL REPRESENTATIVE CONVEYANCE.

A testator died in 1917 possessed of real estate. The personal representative instructed auctioneers to sell such real estate, and at the auction sale she purchased two of the properties for £800, the contract being signed on her behalf by her nominee. Can the personal representative convey the property to herself under sect. 72 of the Law of Property Act 1925, and, if so, where can a precedent for such a conveyance be found? B. AND E.

5. FORMER COPYHOLDS-MORTGAGEE IN POSSESSION.-In 1897 A. covenanted to surrender copyhold property to B. to secure £500 and interest, but no surrender, conditional or otherwise, took place. In 1901 A. disappeared and B. entered into possession of the rents of the mortgaged property and has remained in possession to this day. A. is still the tenant on the court rolls, and it is not known whether he is alive or, if dead, who are his representatives. B. wishes to sell the property. Can he give a good title as mortgagee in possession, and what is his position as regards the lord of the manor? Need the latter recognise B. in any way, or must he deal with A. or his representatives? MORTGAGEE.

6. LIFE TENANCY-INTESTACIES-ASSENTS.-A. by will in 1914 appointed his wife, B., and son, C., executors and trustees, and bequeathed to said C. houses and ground rents, to daughter D. houses, and to son E. houses, all leaseholds and subject to ground rents and covenants. The bequests were subject to wife B. receiving the rents and profits to arise from the properties during her life,

she paying all outgoings and allowed to reside in any of the houses. Rest of estate on trust for sale and for payment debts, &c. Testator died in 1914, but will not then proved, and wife B. died in 1926, having in meantime resided in one of the houses and received income from the others. C., the son, and D., the daughter, are still alive, but the son E. died in 1916 intestate, leaving widow and infant children, who are still infants. No assent was made to testator's widow B. as the life tenant. Estate of E. became divisible between his widow as to one-third and the children two-thirds. The will of A. was proved by son C., the surviving executor, in 1927. The widow B. died intestate and left small separate estate, and letters administration granted to her estate save settled land to son and daughter C. and D. on account of the minority of children of son E. Another grant letters administration in 1927 to estate B. to son C. as the surviving trustee as to settled land vested in intestate B. under will of A. In this grant is recited the grant to B.'s separate estate. Full grant could not be given to estate of B. including the settled land on account of the minority and two administrators. Letters of administration granted in 1927 to estate son E. to his widow and sister D. on account of the minority. The estate of testator A. apart from the houses not sufficient to pay duties and debts, &c., but deficiency will be paid by beneficiaries. All the grants were obtained about the same time and all the facts before the officials. It is now intended to vest the several properties in the parties entitled, and as there is no capital money to be received I consider this can be done alone by the surviving trustee and administrator as above. (a) What effect has Re Bridgett and Hayes' Contract (164 L. T. Jour. 409) and Probate Registrar's direction (164 L. T. Jour. 478) on the grant to surviving trustee as above, the settlement being at end on death life tenant: (see sect. 204, Law of Property Act 1925)? (b) How is the assent given and in what form (1) to himself C., (2) to the daughter D., (3) to administrator's estate E.? It is intended C. shall purchase from the latter after assent made. There seems to be nothing against this, as he will not be a trustee of that share after assent made and be on footing of outsider? (c) On which grant-or both-and in what form will notice of assent be endorsed? In another estate the will is all to wife and to be sole executrix. The death and probate were in 1927. What assent is necessary to vest properties in wife? There being several properties, one in mortgage, it seems advisable that a separate assent should be given to each property (Form 8, Property Act) saying "Assent to the vesting in Myself." Readers views on the foregoing will be appreciated. S. O.

7. LEASE-FIRE INSURANCE CUSTODY OF POLICY.-A town council leases to a lessee a house "recently erected" and plot of land at a yearly rent and "by way of further rent a yearly sum equal to the fire insurance premium which the lessors "shall from time to time pay." The lessee covenants for payment of rent and "the said additional yearly rent." The lessors covenant to insure. The lease contains no mention of the amount or value for which insurance is to be effected, nor of any insurance office, nor in whose name or names the insurance is to be effected, nor who is to have custody of the policy, nor that the policy or premium receipt shall be produced to the lessee. The lessors have insured, presumably in the joint names of the lessors and the lessee. Who is entitled to W. D. the custody of the policy? Please cite any authorities.

ANSWERS

145. RESTRICTIVE COVENANT-REGISTRATION-NOTICE.-A covenantor enters into a covenant restrictive of the use of his land with a covenantee, the covenant being duly registered as a land charge. Would a purchaser for value from the covenantor, and a purchaser for value from such purchaser, neither of whom has had any notice of the restriction other than the registration of the land charge, be liable under the covenant? L. T. G.

The covenant is enforceable, not only against the covenantor, but also against all persons connected with the land, from the date of registration and so long as the registration continues in force. Registration constitutes actual notice of the covenant: (see the Law of Property Act 1925, s. 198). DE P.

A purchaser of a legal estate from the covenantor for money or money's worth, and a purchaser of such an estate from that purchaser for money or money's worth, will not be bound, unless, in each case, the restrictive covenant is registered before the completion of the purchase in the name of the estate owner whose estate is intended to be affected: (Land Charges Act 1925, s. 10 (2) and s. 13 (2). Registration constitutes actual notice, but these purchasers will not be prejudicially affected in the absence of each such registration (Law of Property Act 1925, ss. 198, 199; Law of Property (Amendment) Act 1926, s. 4). G. O. S.

The fact that the covenant restrictive of the user of the land has been registered as a land charge, binds the purchaser and all subsequent purchasers. If the covenant had not been registered it would have been otherwise. A covenant restrictive of the user of land (not being a covenant between a lessor and lessee) entered into after 1925 comes within the definition of a land charge, class D, of the Land Charges Act 1925, s. 10; hence it must be registered, and if not so a purchaser of a legal estate for money or money's worth takes free therefrom whether or not he has notice: (ibid., s. 13 (2) and Law of Property Act 1925, s. 2 (3) (5); also Land Registration Act 1925, ss. 20 and 23). LEX.

COURT PAPERS

LAND REGISTRATION, ENGLAND THE LAND REGISTRY (MIDDLESEX DEEDS) FEE ORDER, 1927. DATED DECEMBER 23, 1927.

I, George Viscount Cave, Lord High Chancellor of Great Britain, with the concurrence of the Lords Commissioners of His Majesty's Treasury, by virtue and in pursuance of the Middlesex Registry Act, 1708, and of the Land Registry (Middlesex Deeds) Act, 1891, as amended by the Law of Property Act, 1925, and of all other powers and authorities enabling me in that behalf, hereby make the following Rules with respect to fees :

1. The Land Registry (Middlesex Deeds) Fee Order, 1925, shall be annulled and the fees contained in the Schedule to this Order shall be paid under the above Acts.

2. Fees may be paid by adhesive Land Registry stamps which may be purchased at Head Post Offices in England and Wales and at suboffices which transact Money Order business or by banker's draft or Postal or Post Office Order or cheque drawn to the order of H.M. Commissioners of Inland Revenue.

3. If a fee in excess of the prescribed fee is paid on or forwarded with an application to the Registry, no refund of the amount of the excess may be claimed from the Registry.

4. If the amount of the fees chargeable according to the said Schedule appears to the Registrar in any particular case to be either insufficient or excessive, owing to the time and labour involved he may increase or reduce the fees by such an amount as he thinks fit having regard to the special circumstances of the case.

5. This Order may be cited as the Land Registry (Middlesex Deeds) Fee Order, 1927, and shall come into operation on the 1st day of January, 1928.

Dated the 23rd day of December, 1927.

CAVE, C.

HOUSE OF LORDS

List, as far as possible, of EFFECTIVE Causes only.

CAUSES STANDING FOR HEARING. Levene v. Commissioners of Inland Revenue (England). Commissioners of Inland Revenue v. Lysaght (England) Egyptian Delta Land and Investment Company, Limited v. Todd (Inspector of Taxes) (England). Naval Colliery Company (1897), Limited v. Commissioners of Inland Revenue (England). Glamorgan Coal Company, Limited v. Commissioners of Inland Revenue (England). Ormond Investment Company, (Inspector of Taxes) (England).

Limited V. Betts

s. d.

104

121

2 6

3 0

Such charges according to time and labour involved, as the Registrar shall prescribe.

LAND CHARGES, ENGLAND

THE LAND CHARGES FEES ORDER, 1927, DATED
DECEMBER, 23, 1927.

I, George Viscount Cave, Lord High Chancellor of Great Britain by virtue and in pursuance of the Land Charges Act, 1925, as amended by section four of the Law of Property (Amendment)' Act, 1926, and with the concurrence of the Lords Commissioners of His Majesty's Treasury do hereby make the following general rules as to fees :--

1. The Land Charges Fees Order, 1926, shall be annulled, and the fees set forth in the First Schedule hereto shall be taken under the said Act subject to the Regulations contained in the Second Schedule hereto :

2. These Rules may be cited as the Land Charges Fees Order, 1927, and shall come into force on the 1st day of January, 1928. Dated the 23rd day of December, 1927.

1. All fees except those payable in respect of registration under subsection (6) of section 10 of the Land Charges Act, 1925 (as amended), shall be prepaid by Land Registry stamps.

2. The fees payable in respect of applications delivered at the Registry by post shall be prepaid by adhesive Land Registry stamps which may be obtained at head Post Offices in England and Wales and at sub-offices which transact money order business.

3. The fees payable in respect of applications lodged in person at the Registry may be prepaid by adhesive Land Registry stamps or by Land Registry stamps impressed by the Commissioners of Inland Revenue at the Registry. Impressed stamps may be paid for by cash or by cheque, postal or money order made payable to H.M. Commissioners of Inland

Revenue.

4. All fees in respect of registration under subsection (6) of section 10 of the Act shall be prepaid in cash at the local deeds Registry or by cheque, postal or money order, made payable to the Registrar of the appropriate deeds Registry.

5. If a fee in excess of the prescribed fee is paid on, or is forwarded with, an application to the Registry, no refund of the amount of the excess may be claimed from the Registry.

6. Where the amount of the fee is not defined, or immediately ascertainable, such deposit shall be made as the Registrar shall direct.

7. The fees prescribed for expediting an official search and for telegraphing or telephoning the result of the search shall not apply to the local deeds registries and no right to make an application to a local deeds Registrar for these purposes shall be implied.

8. Where the Registrar, in the exercise of his discretion, authorises an application, search or official certificate of search to be made or granted in a manner which involves a reduction of fees, he may require such fees to be paid, having regard to the time and labour involved or likely to be involved, not exceeding the fees which would have been payable had his discretion not been so exercised, as he may think reasonable.

CAUSES WAITING FOR JUDGMENT. Arbuckle Smith and Company, Limited v. Bedford Petroleum Company, Société Anonyme Française and others.

R. and H. Hall, Limited v. Wm. H. Pim Junr. and Co.
Limited.

Ottoman Bank v. Jebara.
Commissioners of Inland Revenue v. De Robeck.
Foster v. Guy-Pell.

CLAIMS OF PEERAGE DEPENDING. Airth (Earldom) Ferrers. Bourchier and Compton Gordon. Beauchamp and Mordaunt. Pole of Montagu. Montagu.