754. GLEBE LAND LET WITHOUT AGREEMENT-TENANT'S POSITION AT DEATH OF RECTOR. (For Replies to this Query, see p. 266.) A is the tenant of a glebe farm, under the rector of a parish, without au agreement. At the commencement of the tenancy two-fifths of the glebe was in field grasses and clover and three-fifths in spring corn. The first crop on the two-fifths was made into hay and sold by the rector, and the aftermath was fed off by sheep. The rector died in December, 1901, when three-fifths of the glebe was in stubble and two-fifths in root or green crop fed off by tenant's sheep. (1) Does the tenancy cease on the death of the rector? (2) Is the tenant entitled to crop the whole of the glebe land with corn, sell off the straw, and give up the glebe land at Michaelmas, 1902 ? 755. LONDON BUILDING ACT, 1894, SECTION 209-RECONSTRUCTING SANITARY WORK. (For a Reply to this Query, see p. 267.) In the course of reconstructing the sanitary arrangements of a London house, it has been necessary (in the ordinary way) to cut small openings through the brickwork of main wall, to allow of the insertion of the new lead junctions from the external soil pipe. The district surveyor contends that under Section 209 of the London Building Act, 1894, notice should have been given to him in respect to this work. Is he correct in his contention ? 756. RIGHT TO LIGHT-DEROGATION FROM GRANT. (For a reply to this Query see p. 267.) A owns two houses-Nos. 23 and 24-in a terrace, and took up the leases for them from the same lessor about seven years ago, No. 23 being a few months earlier than No. 24. He sells No. 24 to B, who proceeds to block the light from a window in No. 23 which overlooks his premises. A calls on B to remove the obstruction, but B refuses. Has A any remedy or is B within his rights? The ground landlord has given his consent for the obstruction to be built. (For Replies to this Query, see p. 268.) Upon a survey, after the decease of a vicar, the drains of a country vicarage are found to have been laid with part collarless pipes, and with spaces between the ends of the pipes forming the drain. The cesspool is not, and never has been, water-tight, and the well water is impure. The vicarage was built about 50 years ago, and these drains, &c., have never been disturbed. The drains permit the free passage of waste matters, but they are distinctly out of date and defective, and the well is shallow and probably entirely supplied by surface water. Would the diocesan surveyor be entitled to require the late incumbent'sexecutors to lay tested, glazed, socketed pipe drains with cement joints surrounded by 6-inch cement concrete, with modern traps, new w.c. apparatus, soil and vent pipes, &c. (equal to the London County Council's Regulations), to render the cesspool water-tight, and to continually pump the well until the supply of water is pure? Or should the incoming vicar raise a loan to pay for such improvements? 758. FORESHORE-MANOBIAL RIGHTS-BOUNDARIES. How far do manorial rights extend on a foreshore ? Is it to all land over which an ordinary spring tide flows? If so, could the lord of the manor stop the freeholder of the land immediately inside the foreshore cutting a passage through to barge his clay away, and does land recently encroached upon by the sea so that it is covered by spring tides become the property of the lord of the manor? 759. FORESHORE-BOUNDARY OF OWNERSHIP. [(For Replies to this Query, see pp. 268, 269.) The Query 714 in the Notes and the Replies thereto partly deal with a point on which I am in doubt, but still leave me in the dark as regards latitudinal boundary. How is the high-water mark, which is regarded as the boundary between the Crown and the owners of the property, arrived at? Am I right in taking it as the mean between the neap high tide and the spring high tide? 760. RATING-MACHINERY. (For Replies to this Query, see p. 269.) Certain factory premises described as land with buildings are let on lease (no premium). The lessee builds certain new buildings. There is machinery belonging to the lessee in all the buildings. The new buildings are supplied with second-hand machinery. The lease contains a covenant that a certain annual sum is to be paid for maintenance of a private road. This sum varies every year according to requirements of the road. Is it the usual custom (outside London) to obtain the rateable value of premises by adding 5 per cent. on the cost of new buildings to the annual rent paid for land and premises, together with 5 per cent. on the estimated value of machinery (fixed and otherwise)? Should the annual outlay for road maintenance be deducted or added? Is this method recognised at Special or Quarter Sessions? 761. INCOME TAX, SCHEDULE A-TENANT'S LIABILITY. (For Replies to this Query, see p. 270.) A is the landlord, B the tenant; B by reason of his income being considerably under £160 is exempt from tax. B pays rent to A of £28 per annum for holding, assessed for Income Tax at £53 (Poor Rate Assessment £63). Surveyor of taxes claims on £53, the Poor Rate Assessment being a fair one. B pays the duty on £53 and deducts the same from his rent. A refuses to allow the deduction on more than £28. B is therefore the loser on the difference, i.e. £25 at 1s 2d.=£1 9s. 2d. B applies to Somerset House to recover; is refused on the ground that as he is not owner he has no redress. What remedy has B, who is exempt from Income Tax, to recoup himself? 762. ADJOINING OWNERS-REMOVAL OF PARTY-FENCE WALL. (For Replies to this Query, see p. 271.) A owns a piece of land with wall (50 years old) along boundary belonging to him. He has let his land for building with back street abutting B's property. B wants to know if A can take the wall down and leave his land open to the back street? 763. AGRICULTURAL TENANCY-TAKING OVER CROPS FROM Outgoer. (For a Reply to this Query, see p. 271.) The tenancy of a farm commenced as to the arable land, September 29 1886; as to the pasture land, November 30, 1886; as to the house and buildings, May 1, 1887. In October, 1886 the tenant took the crops at a valuation and got possession of the house and buildings and eventually the pasture land on November 30, 1886. The tenancy expires by notice, viz.: The arable land, September 29, 1902. The pasture land, November 30, 1902. The tenant says he took the crops in October, 1886 at market value, and now requests the landlord to take the crops over in October at market value. Can this be enforced? Under the agreement the tenant covenants to consume all produce on the farm, and to give up the land and premises as above. As a matter of fact he only paid consuming price on entry. 764. GROUND GAME ACTS-CLAIM FOR DAMAGE BY RABBITS. (For Replies to this Query, see p. 272.) A tenant sends me a claim for rabbit damage to crops. He is under an agreement by which the right of shooting is reserved to the landlord, but subject as to ground game to the provisions of the Ground Game Act, 1880. He has always exercised to the full his right to kill the rabbits. Can he legally recover his claim? 765. BUILDING ADJOINING ROAD-POWER TO COMPEL WIDENING BY OWNER. (For Replies to this Query, see pp. 272, 273.) A owns land abutting upon an old highway which the Urban District Council admit had been taken over and repaired by them. A intends building a house with garden in front, and submitted plans to the Council, but they have been disapproved because A will not make the road wider opposite his property. Cau the Council prevent A from building on the building line? Can the Council make A give up the land for widening, and how ? A lets a farm to B on lease for 10 years at a certain rent. After the lease is signed B agrees with A, verbally, to pay £10 per annum, in addition to rent, for tithe, A as landlord paying the tithe-owner. B pays this £10 for six years and then dies. His executors refuse to pay the £10 due at Lady Day, and claim repayment of £60 already paid. There are no arrears of tithe owing to tithe-owner. (1) Can this repayment of £60 be enforced, and if not (2) Can A enforce payment of £10 now due ? 767. HIGH ROAD-LIABILITY TO KEEP UP RETAINING WALLS. (For a Reply to this Query, see p. 274.) Through a property in Staffordshire the main road passes for some distance; in many places the road, not being on the level with the fields, |