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Conclusion.

CHAP. III. witness should see a party sign and seal; if he sees him deliver a deed already signed and sealed, or sealed only where signing is unnecessary, it will be sufficient; and so it is where a party to a deed after execution requests another to sign the attestation, or acknowledges an impression already made to be his seal (r). The execution of a lease in the presence of witnesses is necessary rather for the purpose of preserving the evidence, than as constituting the essence of the deed.

Short forms of leases.

Stamps.

It is to be observed that additional facilities have recently been given for leasing land, and short comprehensive forms of leases, made in pursuance of the recent statute (s), may now be used; as to which it is only necessary to refer to the statute given in the Appendix.

A deed of lease must have the regular stamps imposed on it by the several statutes for the increase of the public revenue, otherwise it cannot be given in evidence. The stamp ought to be regularly affixed before execution; but may be affixed afterwards on payment, in addition to the duty, of a penalty of 101. for every skin of parchment or sheet of paper (t). This penalty may be remitted, if the application be made within twelve months after the execution, and the commissioners be satisfied that no fraud upon the revenue was intended (u). The principal statute by which the existing duties for Great Britain have been imposed, is the 55 Geo. 3, c. 184. The following extract from the schedule to that statute may be serviceable:-

"Lease of any lands or hereditaments, granted in consideration of a sum of money by way of fine or premium, paid for the

(r) Grillier v. Neale, Peake, N. P. C. 146.

(s) 8 & 9 Vict. c. 124.

(1) 37 Geo. 3, c. 136, s. 2.

(u) 44 Geo. 3, c. 98, s. 24;

and see Buckworth v. Simpson, 1

Cr. M. & R. 834; and see 48 Geo. 3, c. 14.

same, without any yearly rent, or with any yearly rent under CHAP. III. 201.; the same duty as for the conveyance on the sale of lands for a sum of money of the same amount.

[Save and except leases for a life or lives not exceeding three, or for a term of years determinable with a life or lives not exceeding three, by whomsoever granted; and leases for a term absolute, not exceeding twenty-one years, granted by ecclesiastical corporations aggregate or sole.] "Lease of any lands or hereditaments, at a yearly rent, without any sum of money by way of fine or premium paid for the same;

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Stamps.

1000 or upwards

"Lease of any lands or hereditaments, granted in consideration of a sum of money by way of fine or premium, and also of a yearly rent amounting to 201. or upwards; both the ad valorem duties payable for a lease in consideration of a fine only, and for a lease in consideration of a rent only of the same

amount.

[Save and except the leases hereinbefore excepted].

"Lease of any kind, not otherwise charged in this £ s. d. schedule....

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1 15 0

1 10 0

CHAP. III.

Stamps.

or annexed thereto, shall contain 2160 words £ s. d.
or upwards; then for every entire quantity of
1080 words contained therein, over and above
the first 1080 words, a further progressive duty
of

100

Exemptions from the preceding and all other Stamp Duties.

"Leases of waste or uncultivated lands to any poor or la bouring persons for any term not exceeding three lives, or ninety-nine years, where the fine shall not exceed 5s., nor the reserved rent one guinea per annum; and the counterparts or duplicates of such leases."

The ad valorem duties charged upon the conveyance upon the sale of any lands, tenements, rents, annuities or other property, real or personal, or of any right or interest therein, are as follows:

-

"For the principal or only deed, instrument or writing, by which the transfer is effected ;

"If the purchase or consideration money therein

or thereupon expressed do not amount to 201... "If the same shall amount to

£ s. d.

0 10 0

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And in addition to the above ad valorem duty, the principal instrument is subjected to a duty of 11. for every entire quantity of 1080 words contained in it, except the first.

Deeds in general, which are not charged with the ad valorem or any other specific duty, pay one of 17. 15s.; with an addition of 11. 5s. for every entire quantity of 1080 words, except the first.

But where the conveyance on a sale or mortgage is by lease and release, the lease, if the consideration money be under 201., is charged with 10s. only; if under 50l., with 15s.; and if under 150l., with 17.

Mortgages are also subject, under the same act, to an ad valorem duty upon the amount of the loan or principal sum secured.

An agreement not under seal requires merely the ordinary agreement stamp of 2s. 6d. ; for in the schedule annexed to statute 7 & 8 Vict. c. 21, a duty of 2s. 6d. is charged upon every agreement, or memorandum of an agreement, chargeable with the duty of 17. under the head or title of 66 agreement" in the schedule to the act 55 Geo. 3, c. 184, annexed. This duty of 2s. 6d. may be paid, and the agreement stamped accordingly, within fourteen days after the making of the written agreement; but after that time a penalty of 101. over

CHAP. III. and above the duty must be paid, in order to have the instrument properly stamped.

Stamps.

Where an unstamped lease is afterwards stamped by order of the commissioners, it is the stamp which is required by law at that time that must be affixed to it; and this will be deemed sufficient, although a greater stamp would have been required at the date of the instrument (v). An old deed bearing the marks of having had some stamp was received in evidence; and it was held, that it was to be presumed that the deed had been properly stamped (w). If the lease be of several parcels at different rents, it may be deemed as one letting, and does not require a separate stamp for each rent (r). A lease which reserved a rent of 50l., and contained a stipulation that the landlord should insure, and that the premium should be added to and become payable like the rent, was held to be properly stamped with an ad valorem lease stamp of 17. 10s., the premium and rent not being shown to exceed 1002. (y). In a lease reserving two rents, one of 370l. for a house and land, and the other of 50l. for furniture and fixtures, a stamp of 31. was held sufficient for the former but not for both (z). Where by an instrument stamped with a lease stamp, premises were let upon the terms contained in an annexed lease, which was not stamped, the annexed lease was held not to require a stamp (a); but where a lessor agreed by parol to demise premises upon the terms of a lease granted by him to a third party, it was held in an action by the lessor

(v) Buckworth v. Simpson, 1 C. M. & R. 834.

(w) Doe d. Fryer v. Coombe, 3 G. & Dav. 193.

(x) Bone v. Jackson, 3 Brod. & B. 185; Parry v. Deere, 5 A. & E. 551; Blount v. Pearman, 1 Bing. N. C. 408; Doe d. Copley v. Day, 13 East, 241.

(y) Wilson v. Smith, 12 M. & W. 401.

(z) Castor v. Cowling, 7 Bing. 456.
(a) Pearse v. Cheslyn, 4 A. & E. 225.

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