& Ad. 395.

1 Duck v. Braddyl, M'Clel.

217.

ventories referred to by a lease be not duly stamped, that cir- binson, 3 Barn. cumstance will not affect the validity of the lease; notwithstanding that the inventories themselves could not be used as evidence 1. In Barry v. Goodman 2, an instrument in these terms “I hereby certify that I remain in the house No. 3, Swinton Street, belonging to W. G., on sufferance only, and agree to give him immediate possession at any time he may require,”—was held not to amount to an agreement for a tenancy so as to require a stamp.

23. Stamp Duty on an Agreement operating as a Demise.]—If an agreement for a lease be made by deed, an agreement stamp will not do, but it must have a 17. 158. stamp as a deed not otherwise charged 3. So, on the other hand, if that which purports to be only an agreement for a lease, be, in legal construction, an actual demise, an agreement stamp will not do-it must have a deed stamp.

24. Leases exempted from ad valorem Duty.]—From all these duties, however, and from every other stamp duty, are excepted leases of waste or uncultivated lands to poor persons for any term not exceeding three lives, or ninety-nine years, where the fine shall not exceed five shillings, nor reserved rent one guinea per annum, and the counterparts or duplicates of all such leases.

25. Stamp Duty on Settlements.]-Any deed or instrument, whether voluntary or gratuitous, or upon any good or valuable consideration, other than a bonâ fide pecuniary consideration, whereby any definite and certain principal sum or sums of money (whether charged or chargeable on lands or other hereditaments, or not, or to be laid out in the purchase of lands or other hereditaments or not, and if charged or chargeable on lands or other hereditaments, whether to be raised at all events or not), or any definite and certain share or shares in any of the government or parliamentary stocks or funds, or in the stock and funds of the Governor and Company of the Bank of England, or of the East India Company, or of the South Sea Company shall be settled or agreed to be settled, upon or for the benefit of any person or persons, either in possession or reversion, either absolutely, or conditionally, or contingently, or for life, or other partial interest, or in any other manner whatsoever: If such sum or sums of money, or the value of such share or shares in all or any of the said stocks or funds, or both, shall not amount to 1,000.

2 Mee. & W.

768.

Clayton v. Burtenshaw,

5 B. & C. 41.

17. 158., with a progressive duty till the sum to be settled amounts to 20,000l. and upwards, for which the duty is 251*.

And where any such settlement, "together with any schedule, receipt, or other matter put or indorsed thereon, or annexed thereto," shall contain thirty folios or upwards, then for every entire quantity of fifteen folios contained therein, over and above the first fifteen folios, a further progressive duty of 1l. 58. And for any duplicate of any such deed or instrument as last mentioned, the same duty or duties.

From the ad valorem duties on settlements are exempted bonds, mortgages and other securities operating as settlements, if chargeable with the ad valorem duties on bonds and mortgages, prescribed by the act,-deeds of appointment in execution of powers to or in favour of persons especially named or described as the objects of such powers-declarations of trust, pursuant to any previous settlement, or for securing any gifts or dispositions made by any previous settlement, deed, or will,-wills, testaments, and testamentary instruments, and dispositions mortis causâ of every description.

26. Stamp Duties on the Surrender and Admittance of Copyholders.]-Surrender or admittance out of court, or the memorandum thereof, or the copy of court roll of any surrender or admittance in court, where the yearly value of the estate exceeds twenty shillings, 17. And where it does not exceed twenty shillings, 58. Where both a surrender and admittance, or more than one surrender or admittance, or memorandum thereof, shall be contained in the same piece of parchment, whether upon a sale, mortgage, or other occasion, the proper duty shall be paid in respect to each surrender and each admittance.

And where the surrender, or admittance, or memorandum shall

contain thirty folios or upwards, for every fifteen folios above the first fifteen a further progressive duty of 17.

The copy of court roll, and the several surrenders, admittances, and other acts necessary for perfecting a common recovery of any entailed copyhold or customary estates, where the yearly value exceeds twenty shillings-five times 17. And where it does not exceed twenty shillings-five times 58.

And if the copy of court roll of any other admittance or surrender be contained in the same piece of parchment, then it shall be charged with the additional duty which would have been payable, if such other surrender or admittance had been on a separate piece of parchment.

Any voluntary grant or the memorandum thereof when made out of court, with or without admittance, or the copy of court roll of such grant when made in court, where the yearly value of the estate exceeds twenty shillings-twice 17. If it does not,twice 58. And for every fifteen folios over the first fifteen, 17.

License to demise, or memorandum thereof if granted out of court, or copy of court roll of such license if granted in court, where the yearly value exceeds twenty shillings, 17. Where it does not, 58.

From the preceding, and all other stamp duties, are exempted original surrenders out of court, and copies of court roll of surrenders in court to the uses of a will, or to a trustee for the uses of a will; and the court rolls or books of any manor wherein the proceedings relating thereto shall be entered or minuted.

27. Stamp Duty on Instruments not otherwise charged or exempted from all Stamp Duty.]-Deeds, 17. 158., and for every additional fifteen folios a progressive duty of 17. 58.:-a deed of feoffment, 17. 158.; and where it contains a letter of attorney to receive or to deliver seisin, a further duty of 17. 158., and a progressive duty of 17. 58. for every fifteen folios, after the first fifteen. A memorial of any deed or conveyance, to be registered pursuant to act of parliament, 108.; and for every piece of parchment, after the first, a further duty of 10s. Release of lands or other property real or personal, or of any right or interest thereon, 17. 158.; and for every fifteen folios above the first fifteen, 17. 58.; surrender, 17. 158., and for every fifteen folios, after the first fifteen, 17. 58. Declaration of any use or trust, 17. 15s., and for every fifteen folios, above the first fifteen, 17. 58. A letter of attorney for the

receipt of prize-money 18.,-of wages, 17.-for the sale of any government or parliamentary stocks or funds 17. A letter of attorney for the sale of any other kind of stocks or funds, or commission or factory in the nature thereof, 17. 10s., and 17. 58. for every additional fifteen folios after the first fifteen. Letters of attorney for the receipt of dividends of stock, yielding less than 37. per annum, are exempted from all duty.

Enrolment of a deed is in no case necessary unless made so by an act of parliament. The legislature has made it necessary in the case of a conveyance of the freehold by bargain and sale, mortmain deeds, dis-entailing deeds, and grants of annuities.

1. Enrolment of a Bargain and Sale.]-It is generally considered that the main inducement to passing the Statute of Uses was to put an end to the secret modes of transferring property, which they had given rise to. This object was entirely defeated by the new conveyance of "bargain and sale," under the statute; for land was thereby transferred, not without any formality of giving and taking possession, but even without the evidence of any lasting document,-writing not being then necessary to the

66

validity of a bargain and sale. To remedy this oversight, the 27 Hen. 8, c. 16, was passed a few weeks after the Statute of Uses had become the law of the land, whereby it was enacted, "that no manors, lands, tenements, or other hereditaments shall "pass, alter, or change from one to another, whereby any estate "of inheritance or freehold shall be made, or take effect in any "person or persons, or any use thereof to be made, by reason "only of any bargain and sale thereof, except the same bargain " and sale be made by writing, indented, sealed, and enrolled in "one of the king's courts at Westminster, or within the same county or counties where the same manors, lands, and tene"ments so bargained and sold, lie or be, before the custos ro"tulorum, and two justices of the peace, and the clerk of the peace of the same county or counties, or two of them at the "least, whereof the clerk of the peace to be one; and the same "enrolment to be had and made within six months next after the "date of the same writings indented." The act contains an exception of lands, &c. lying within cities, boroughs, or towns corporate, where any officers had authority, or had lawfully used "to enrol any evidences, deeds, or other writings within their "precinct or limits." The "six months," mean six lunar months1.

11 Russ. 181.

2. Enrolment of Conveyances in Mortmain.]-The Statute of Mortmain2, after reciting that "gifts or alienations of lands, tene- 9 Geo. 2, c. 36. ments, and hereditaments in mortmain were restrained by Magna Charta, and other wholesome laws, as prejudicial to and against the common utility; that this public mischief had of late greatly increased by many large and improvident alienations or dispositions made by languishing or dying persons, or by other persons, to uses, called charitable uses, to take place after their deaths, to the disherison of their lawful heirs," enacts, "that no manors, "lands, tenements, rents, advowsons, or other hereditaments "whatsoever, nor any sum or sums of money, stocks in the pub"lic funds, or any other personal estate whatsoever, to be laid out " or disposed of in the purchase of any lands, tenements, or here"ditaments, shall be given or any ways conveyed or settled to or upon any person or persons, bodies politic or corporate or other"wise, for any estate or interest whatsoever, or any ways charged "or encumbered by any person or persons whatsoever, in trust, "or for the benefit of any charitable uses whatsoever; unless "such gift, conveyance, appointment, or settlement of any such

66