668 Fertilisers and Feeding Stuffs Act, 1906. [nov., 



vendor's costs of conveyance, deducing, evidencing and verifying title 

 and furnishing abstracts and copies. This being so, the Board think 

 that a vendor's solicitors' costs may be treated as part of the expenses 

 incidental to the acquisition of the land and they will be prepared to 

 repay them accordingly. The Board think that Councils would do 

 well to negotiate purchases on the basis that the vendor's scale costs 

 under Schedule i of the General Order under the Solicitors' Remunera- 

 tion Act, 188 1, will be repaid by the Council, as such arrangements 

 may weigh with a landowner in considering an offer made by the 

 Council. In the case of sales at auction it is not uncommon to provide 

 that the purchaser shall, in addition to his purchase money, pay part 

 of the auction fees and solicitor's charges. These conditions apply to 

 all purchasers and such expenses should therefore for the purposes of 

 this question be treated as part of the consideration or purchase money 

 and will not be repayable by the Board. In the absence of any decision 

 to that effect the Board are not prepared to treat Section 82 of the 

 Lands Clauses Consolidation Act, 1845, as being applicable to sales at 

 auction, and if in any sale at auction the vendor should claim that his 

 costs are payable under that section the Council should communicate 

 with the Board with a view to the claim being contested. 



In the case of land which is acquired on lease the lessor seems to 

 be entitled to claim that his conveyancing costs shall be paid by the 

 lessee and such costs will be repaid by the Board together with the 

 stamp duty and the scale charges for perusing and settling the lease 

 and completing. 



The Board find that vendors and lessors sometimes stipulate in their 

 negotiations with a Council for payment of expenses they have incurred 

 but which in the absence of agreement they would be unable to recover 

 from the Council. The Board will not in ordinary cases repay these 

 payments as they regard them as part of the consideration for the 

 acquisition of the land. In cases where the vendor has to obtain the 

 consent of the Ecclesiastical Commissioners or the Charity Commis- 

 sioners and asks the Council to agree to pay in any event the cost of 

 the report required by the Commissioners to enable them to consider 

 the matter, the Board are willing to repay the cost of the report if the 

 Council agree to the vendor's proposal. 



The cost of ascertaining the compensation for tenant right payable 

 to an outgoing tenant should, as a rule, be treated as part of the 

 compensation and will not be repaid by the Board. 



I am, &c, 



T. H. Elliott, 

 Secretary. 



The Board have addressed the following circular, dated October 

 12th, 1909, to Local Authorities in Great Britain on the subject of the 

 wording of certificates under the Fertilisers 

 Circular as to and Feeding Stuffs Act, 1906 :— 

 Fertilisers and Feeding" Sir — 



Stuffs Act, 1906. I am directed by the Board of Agricul- 



ture and Fisheries to inform you that they 

 have observed that in some cases the certificate or copy certificate of 



