sum, a duty of 2s. 6d. And where the same shall exceed 127., and shall not exceed 247., then for every 40s., and fractional part of 40s. of such annual sum, a duty of 5s.; and where the same shall exceed 247., then for every 47. and fractional part of 41. of such annual sum, a duty of 10s. And by a still more recent enactment (17 & 18 Vict. c. 83), any conveyance, &c., described in the schedule annexed thereto shall be made partly in consideration of such annual sum, and partly in consideration of a sum of money or stock, such conveyance, &c. shall be chargeable with the ad valorem duties in respect of each of the considerations; and where any deed or instrument shall be chargeable with any ad valorem duty in respect of any sum of money yearly or in gross, or any stock or security herein mentioned shall be made, also for any further valuable consideration, such deed or instrument shall be chargeable (except where express provision to the contrary shall be made by any act of Parliament) with such stamp duty as any separate deed or instrument made for such last consideration only would be chargeable with, except progressive duty: (sect. 16.) And by the schedule annexed to the above-mentioned act, conveyances are charged with the same duties as on a lease for a term not exceeding one hundred years, at a yearly rent equal to such annual sum.

No ad valorem duties chargeable upon a covenant to lay out a specified sum in building or improvements.]-No ad valorem duty will attach upon a covenant by which a lessee or a purchaser undertakes to lay out a specified sum in buildings or other improvements upon the demised or purchased premises: (Nicholls v. Cross, 14 Mees. & Wels. 42.)

As to assignments by sheriff, and conveyances by the assignees of bankrupts.]-An assignment of property sold under an execution by the sheriff to the purchaser is liable to the same ad valorem duty as in ordinary sales (Lessee of Nemgle v. Ahern, 3 Ir. Law Rep. 31), as are also conveyances by the assignees of bankrupts or of insolvent debtors.

Where lands are contracted to be purchased by several persons.]-Where lands or other property contracted to be purchased by two or more persons jointly, or by any other person for himself and others, or wholly for others at one entire price for the whole, shall be conveyed in parts or parcels by separate deeds or instruments for the persons for

whom the same shall be purchased, for distinct parts or shares of the purchase money, the principal or only deed of conveyance of each separate part or parcel shall be charged with the said ad valorem duty in respect of the sum of money therein specified as the consideration for the same; but if separate parts or parcels of such lands or other property shall be conveyed to, or to the use of, or in trust for different persons, in and by one and the same deed or instrument, then such deed or instrument shall be charged with the said ad valorem duty in respect of the aggregate amount of the consideration-moneys therein mentioned to be paid, or agreed to be paid, for the lands or property thereby conveyed to the purchaser: (55 Geo. 3, c. 184, tit. "Conveyance.")

When several parties sell at distinct prices, a stamp on the aggregate amount will be sufficient.]-But where several parties sell at distinct prices, if they all convey to the purchaser by the same instrument, one stamp will cover the whole, without respect to the different estates and interests the conveying parties take in the property: (ib.)

As to sub-sales.]-With respect to sub-sales, where any person having contracted for the purchase of any lands or other property, but not having obtained a conveyance thereof, shall contract to sell to any other person, and the same shall in consequence be conveyed immediately to the sub-purchaser, the principal or only deed or instrument of conveyance shall be charged with the said ad valorem duty in respect of the purchase or consideration therein expressed or agreed to be paid by the sub-purchaser: (55 Geọ, 3, c. 184; tit. "Conveyance.")

As to sub-purchasers.]—" And where any person, having contracted for the purchase of any lands or other property as aforesaid, shall convey the same in parts or parcels, the principal or only deed of conveyance of each part or parcel thereof shall be charged with the said ad valorem duty in respect only of the consideration-money paid for the same by the sub-purchaser, without any regard to the amount of the original purchase-money:" (id. ib.)

What persons are to be deemed purchasers and sellers.] -In all cases of such sub-sales as aforesaid, the sub-purchasers and persons selling immediately to them, shall be deemed the purchasers and sellers within the meaning of

common deed stamp will become necessary: (Rex v. Went, 1 Bing. 131.)

Attornment.]-A simple act of attornment to the persons legally entitled to the reversion requires no kind of stamp whatever, an act of this kind not being deemed of sufficient importance to occupy a place in the Stamp Acts: (Cornish v. Learall, 8 B. & C. 471.) But if the amount of rent, or the time or manner in which it is to be rendered, is set forth in the attornment, it will then be viewed in the light of an agreement, and must be stamped accordingly: (Frankis v. Frankis, 3 Per. & Dav. 565.) And if an attornment is made to persons having no right to the property, such instrument will not be deemed evidence, unless it be stamped as an agreement: (Frankis v. Frankis, 3 Per. & Dav. 365.)

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Ad valorem duty does not attach unless the instrument operates by way of conveyance.]-No ad valorem duty will attach if the instrument does not operate by way of conveyance; hence it has been determined that an award, although under hand and seal, and conferring an interest in real estate, was properly stamped with the common 17. 15s. deed stamp. And where an inclosure act gave the commissioners power to award lands to those persons who bought them of persons entitled to allotments, it was held that they might award lands partly by exchange and partly for money, and that the award did not require an ad valorem stamp on the consideration money, which greatly exceeded 300l.: (Doe ex dem. Suffield v. Preston, 7 B. & C. 392.) And upon the same principle, an agreement in consideration of 7,000l. to present to a rectory, was held not to be a conveyance chargeable with ad valorem duty, notwithstanding it was argued that a court of equity would have decreed the purchaser the next presentation, in the event of a vacancy: (Wilmot v. Wilkinson, 6 B. & C. 506.) So, where the plaintiff agreed to sell to the defendants all the two upper beds or veins of coal under certain lands containing sixteen acres, more or less, at 777. per acre, to be paid as follows, viz., 1007. on the day of the date, and the other by equal quarterly payments of 257. each; and it was also stipulated that if the defendants should work more of the coal in any year than 1007. the defendant shall pay for such excess quarterly, after the rate aforesaid; the court held, notwithstanding no further conveyance appeared to have been contemplated, and that the transaction amounted to a sale, still that the instrument did not fall within the description

of those charged with ad valorem duty: (Phillips v. Morrison, 13 L. J. Rep. (N. S.) 212.) Neither will an agreement for the vesture of land require an ad valorem stamp.

No ad valorem duty attaches unless there is an actual sale.] -Unless there is an actual sale, no ad valorem duty will attach. And where a contract has been entered into, and deed of conveyance prepared, duly stamped, but such contract is afterwards abandoned previously to the execution of the deed, in such cases the duties will be remitted, as they also will where the whole of the stamps have been spoiled, and in the latter case, without any reference as to whether the instrument to which they were attached shall have been exempted or not.

Deeds by way of family settlement not viewed in the light of sales.]-Settlements by way of family arrangement are not viewed in the light of sales; but instruments of this kind are chargeable with a particular amount of stamp duties, under the head of "Settlement," which will form subject-matter for our future consideration, when we come to treat of instruments of the latter kind: (Dean v. Diamond, 4 B. & C. 423.)

Duties now chargeable upon separate deeds of covenant.]—But now, separate deeds of covenant upon a sale ormortgage, whether to surrender copyholds, or for title, or to produce title deeds, or for any other purpose, require a duty equal to the ad valorem duty on the consideration money, where such duty does not exceed 10s., and 10s. where it exceeds that sum: (13 & 14 Vict. c. 97, schedule, "Covenant.")

II. PROGRESSIVE DUTIES.

Progressive duties, when and how chargeable.]—The progressive duties imposed by the General Stamp Act (55 Geo. 3, c. 184) upon conveyances charged with an ad palorem duty was 17.; and where no such ad valorem duty was chargeable, but the instrument was liable to a duty of 17. 15s., under the head of "Conveyance of any kind not otherwise charged, nor expressly exempted from all other stamp duty," the progressive duty was 17. 58. But now, under the recent act (13 & 14 Vict. c. 97, schedule, "Progressive Duty"), where any deed or instrument of any description, whether chargeable with any stamp duty, either

by admittance only and not by deed: INSTRUMENTS relating thereto not otherwise charged by the said act, when such surrender is made out of court, or the memorandum thereof, are still chargeable under the General Stamp Act (55 Geo. 3, c. 184) with a duty of 17. where the same shall exceed 5s., and a duty of 5s. where the same shall not exceed 20s.

Old duties of admittances out of court.]-By the General Stamp Act (55 Geo. 3, c. 184), also, any admittance out of court, or the memorandum thereof, where the clear yearly value shall not exceed 20s., is charged with a stamp duty of 17., and where the same shall not exceed 20s. with a duty of 5s. And where both a surrender and admittance, or more than one surrender or admittance, or other memorandum thereof, was contained in the same piece of vellum, parchment, or paper, the proper duty was payable in respect both of each surrender and of each admittance.

Alterations effected by the act 13 & 14 Vict. c. 97.]—The only alterations which have been effected with respect to the stamp duties on copyholds is in those relating to "admittances out of court," on the copy of court roll on an admittance in court upon sale or mortgage, which is reduced from 17. or 5s. to a duty of 2s. 6d. in all cases.

Where surrenders are made of several tenements.]—With respect to surrenders made of several copyhold tenements, it seems that if they are all described as forming the subject of one surrender only, or only one admittance, one stamp will cover the whole, provided one admittance only is necessary to perfect the title. But when several admittances are necessary, a separate stamp will be required on each admittance: Roach v. Steward of Eton College, 6 L. T. Rep. 395.)

Surrenders to the uses of a will exempt from stamp duty.] -Original surrenders of copyholds out of court, and copies of court roll of surrenders in court to the uses of a will, or to trustees for the purposes of a will, as also the court rolls, or the books of any manor wherein the proceedings relating thereto shall be entered or minuted, are exempted from all stamp duty (55 Geo. 3, c. 184, sched., Copyhold); but under the Wills Act (1 Vict. c. 26, s. 4), where copyholds have not been surrendered to the use of a will, no person claiming under the will shall be entitled to be admitted tenant thereto without paying the same duties as if the testator himself had been admitted; and a proviso in the [P. c.]

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