Page images
PDF
EPUB

policy of insurance, or a debt, be settled, notice of the settlement should be given to the trustees, or other party by whom payment is eventually to be made; and where the whole legal estate is vested in the trustees of the settlement, they are entitled to, and should obtain, the possession of the title-deeds.

*CHAPTER XXXVI.

STAMPS.

Though no part of the original work was devoted to the consideration of the Stamp-laws, the editor of the present edition has thought that a chapter on such portions of the Stamp-acts as are applicable to the ordinary proceedings in conveyancing, is quite consistent with the general design of the work, and will prove not altogether unacceptable to the practical reader.

The general stamp-act now in force was passed in the 55th year of George the Third, and came into operation on the 1st September 1815. It has been amended, so far as it applied to the transfer of mortgages, and some other

ts not within the scope of this chapter, by the 3d George the Fourth, c. 117, which came into operation on the 15th August 1822. The act of 1st and 2d Geo. IV., ch. 55, was passed to remove doubts which had arisen as to the stamps chargeable on instruments affecting property, of which part might be situate in Ireland, and other part in Great Britain, or elsewhere; and as to bonds executed by several persons, some residing in Ireland, and others in Great Britain, or elsewhere, by declaring that, in such cases, the proper stamps were those chargeable in Great Britain.h

• The other acts relating to stamps are the 5th Geo. IV., c. 41, for repealing certain duties on legal proceedings; the

The selections from the provisions of the stampacts, which will be found in this chapter, have been made principally with a view to the different conveyances and other instruments, of which the forms are given in this work. Of those particulars, which find their way into every pocket-book and almanack, no notice has been taken.

Agreement, or any minute or memorandum of an Agreements. agreement under hand only, (not otherwise charged,) where the matter thereof shall be of the value of L.20, or upwards, whether the same shall be only evidence of a contract, or obligatory on the parties, from its being a written instrument, together with every schedule, receipt, or other matter put or indorsed thereon, or annexed thereto. Where the same shall not contain more than

15 folios,j L.1 0 0 If it contains more than 15 folios, 1 15 0 3d and 4th William IV., c. 23, for reducing the stamp-duties on advertisements, and on certain sea-insurances ; to repeal the stamp-duties on pamphlets, and on receipts for sums under L.5; and to exempt insurances on farming stock from stamp-duties ; an act passed in the same session, being ch. 97, for regulating the sale of stamps; the 35th chapter of the 1st and 2d Victoria, for exempting from stamp-duty the admission of freemen by birth on servitude, in places in England returning members to Parliament; and the 85th chapter of the same session, declaring that a stamp of the proper amount shall be sufficient, though not of the same sort as generally used for the instrument of the particular character in question.

i These matters are to be reckoned, in all cases where the stamps depend on the length of an instrument_signatures, receipts, (Linley v. Clarkson, 3 Tyr. 353, 1 C. and M. 436) -words on a map or plan, (Wrekens v. Evans, 4 C. and P. 359)—and figures, which are to be counted as words, (Lord Dudley v. Robins, 3 C. and P. 62) are reckoned; but the ordinary indorsement of the date, parties, &c., need not be brought into the calculation; Windler v. Fearon, 7 D. and R. 185, + B. and C. 663.

j Common law folios of 72 words each, being 1080 words.

With a progressive dutyk of L.1 5 0

Agreements, for granting a lease at a rack-rent of less than L.5, for the hire of any labourer, artificer, manufacturer, or menial servant,' and agreements for or relating to the sale of any goods, wares, or merchandise, are exempted from the before-mentioned duties by the act itself; and written agree. ments to take a debt out of the statute of limitations are exempted by the 8th sect. of Lord Tenterden's

act, 9th Geo. IV., c. 14. Annuity. Annuity, see Bond and Conveyance. Appointment. Appointment of real or personal property in exe

cution of a power, and whether by deed or simple writing,

L.1 15 0 Progressive duty,

1 5 0 If the appointment is made by way of mortgage or sale, it would be liable to the same stamps as other conveyances for such purposes.

Appointment of a gamekeeper, L.1 15 0 Apprentice- Apprenticeship indenture, or other writing conship.

taining the covenants or agreements for or relating to the service of any apprentice, clerk, or servant, who shall be put or placed to or with any master or mistress, to learn any profession, trade, or employment, except articles of clerkship to attorneys, &c.; if the sum of money, or the value of any other matter or thing which shall be, or be secured to be paid, given, assigned, or conveyed to or for the use or benefit of the master or mistress, with or in respect of such apprentice, or both the money and the value of such other matter or thing shall not amount to

L.30, L.l 0 0

* The progressive duty is payable for every completed 15 folios after the first 15. Thus, a deed of 30 folios is subject to it, though one of 29 is exempt; a deed of 45 folios is liable to a double progressive duty; one of 60 to treble; and so on. It will be noticed, that, where an ad valorem duty is payable, the progressive duty is only L.), and in other cases L.1, 5s.

Apprentices are not included in these words; Rex v. St Paul's, Bedford, 6 T. R. 452.

[ocr errors]

1

If the same shall amount
to L.30, and not amount to L.50, L.2 0 0
50,

100, 3 0 0
100,

200, 6 O 0 200,

300, 12 0 0 300,

400, 20 0 0 400,

500,

25 0 0 500,

600, 30 0 0 600,

800, 40 0 0 800,

1000, 50 0 0 1000, and upwards,

60 0 0

Duplicate in any of the above cases, L.1 15 0
And where there is no consideration, and

the indenture does not contain more
than 15 folios,

1 0 0 And duplicate, (if any)

1 0 0 But if it contains more than 15 folios, 1 15 0 And duplicate, (if any)

1 15 0 Transfers or assignments, and their duplicates, are subject to the same stamps as indentures without consideration ; but if any valuable consideration, as before mentioned, “ exclusive of any part of the consideration to the former master or mistress, which may be returned, or given, or transferred to the new master or mistress,” the same stamps upon its value are chargeable as on original indentures.

Duplicate of the indenture or assignment, L.l, 15s., or the same as on the original, if less than that

Indentures for placing out poor children at the sole charge of any parish or public charity, and assignments thereof, are exempted from all stampduty.

Award, L.1, 15s., with a progressive duty of Award. L.), 5s.

Bargain and sale (or lease) for a year, for vesting Bargain and possession on a sale or mortgage. Where the considerations expressed in the release shall not amount to L.20,

sum.

L.U 10 0

sale.

« PreviousContinue »