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Sect. 70 "The term 'conveyance on sale' includes every instrument, and every decree or order of any court or of any commissioners, whereby any property upon the sale thereof is legally or equitably transferred to or vested in the purchaser, or any other person on his behalf or by his direction."

The sects. 71, et seq., direct how the duty is to be estimated where the consideration consists of stock or a marketable security, or an annuity or rent charge.

Where several instruments.] Sect. 76. "Where there are several instruments of conveyance for completing the purchaser's title to the property sold, the principal instrument of conveyance only is to be charged with ad valorem duty, and the other instruments are to be respectively charged with such other duty as they may be liable to, but such last-mentioned duty shall not exceed the ad valorem duty payable in respect of the principal

instrument."

Sect. 77. (1.) "In the cases below specified the principal instrument is to be ascertained in the following manner :

(a.) Where any copyhold or customary estate is conveyed by a deed, no surrender being necessary, the deed is to be deemed the principal instrument:

(b.) In other cases of copyhold or customary estates, the surrender or grant, if made out of court, or the memorandum thereof, and the copy of court roll of the surrender or grant, if made in court, shall be deemed the principal instrument."

(2.) "In any other case the parties may determine for themselves which of several instruments is to be deemed the principal instrument, and may pay the ad valorem duty thereon accordingly."

"Conveyance or transfer by way of security of any property (except such stock or debenture stock or funded debt as aforesaid), or of any security. See Mortgage," post, p. 244.

"Conveyance or transfer of any kind not herein before described, 10s."

Sect. 78. "Every instrument, and every decree or order of any court or of any commissioners, whereby any property on any occasion, except a sale or mortgage, is transferred to or vested in any person, is chargeable with duty as a conveyance or transfer of property. Provided that a conveyance or transfer made for effectuating the appointment of a new trustee is not to be charged with any higher duty than 10s." This proviso overrides the specific duties on transfers imposed by the schedule. See Foley, Ld., v. Inl. Rev. Coms., L. R., 3 Ex. 263. Where, however, an order appoints new trustees and also vests the trust property in them, it is liable to duty both as an appointment and also as a conveyance; 10s. in each case. Hadgett v. Id., 3 Ex. D. 46.

By the general exemptions (1), (2), at the end of the schedule, transfers of shares in the Government stocks or funds, and instruments for the sale, transfer, or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any share therein, are free from all stamp duty.

Certain conveyances relating to the estate of a bankrupt are exempt from a conveyance stamp, vide ante, p. 232.

An assignment of copyright by entry in the book of registry, kept at Stationers' Hall, is not liable to stamp duty; 5 & 6 Vict. c. 45,

s. 13.

As to the liability to duty of a conveyance relating to crown property, vide ante, p. 208.

Decisions on Conveyances.] The following decisions (partly under the former Acts), seem still applicable. A mere agreement for sale, inoperative at law as a conveyance, is not chargeable under this head. Wilmot v. Wilkinson, 6 B. & C. 506. So, an agreement for the sale of a bed of coals, without any legal transfer of the freehold, requires no conveyance stamp. Phillips v. Morrison, 12 M. & W. 740. There must be a sale for money [or for stock or securities, public or private]. Coates v. Perry, 3 B. & B. 48. If for stock, &c., the mode of valuation is pointed out by sect. 71. It was formerly held that the sale of a chose in action was not a conveyance within the Act; but it is now settled that the Act extends to any subject of "property which belongs to a person exclusive of others, and which can be the subject of a bargain and sale to another," per cur. Potter v. Inl. Rev. Coms., 10 Ex. 147, 156; 23 L. J., Ex. 345, 347. The ad valorem duty has, consequently, been held to be required in the following cases :-The assignment of the goodwill of a business. S. C.; a written sale of fixtures, Horsfall v. Hey, 2 Exch. 778; a deed whereby a partner in a firm of two conveyed and released all his interest in the partnership property to his copartner in consideration of the payment of the ascertained amount of the partnership property due to the former, Christie v. Inl. Rev. Coms., L. R., 2 Ex. 45; Phillips v. Id.; Id. 399. But a deed purporting to be a grant by an asphalte company of an exclusive licence to sell the asphalte of the company in certain counties, conveys no property and does not therefore require the ad valorem stamp. Limmer Asphalte Paving Co. v. Inl. Rev. Coms., Î R., 7 Ex. 211.

A partition is not a sale within the Stamp Acts. Henniker v. Henniker, 1 E. & B. 54; 22 L. J., Q. B. 94.

If the deed of conveyance contains other matter not incident to the sale or conveyance, it requires an additional stamp adapted to the added matter; but where the transfer of railway shares contained a covenant to abide by the rules of the company, which covenant was required in all transfers, it was held that no additional stamp was necessary beyond the ad valorem stamp. Wolseley v. Cox, 2 Q. B. 321.

A certificate of the transfer and acceptance of shares in a mine, signed by both parties, may be received as an admission of the existence of a transfer without a transfer stamp. Toll v. Lee, 4 Exch. 230; Walker v. Bartlett, 18 C. B. 845.

Under sect. 17, ante, p. 209, conveyances of lands abroad (e.g., Australia), executed in England, must be stamped. See In re Wright, 11 Exch. 458. S. C. sub. nom. Wright v. Inl. Rev. Coms., 25 L. J., Ex. 49, decided on 55 Geo. 3, c. 184. See also Stonelake v. Babb, 5 Burr. 2673.

Copy.

"Copy or extract (attested in any manner authenticated) of or from-(1.) An instrument chargeable with any duty. (2.) An original will, testament, or codicil. (3.) The probate or probate copy of a will or codicil. (4.) Any letters of administration or any confirmation of a testament. (5.) Any public register (except any register of births, baptisms, marriages, deaths, or burials). (6.) The books, rolls, or records of any court.

In the case of an instrument chargeable with any duty not amounting to 1s. -the same duty as such instrument.

In any

Copyhold and Customary Estates.

other case-18."

Exemption.-Copy or extract of or from any law proceedings.

237

By sect. 79, the copies of the instruments falling within (1), (2), (3), (4), ante, p. 236, may be stamped at any time within 14 days after the date of the attestation, on payment of the duty without penalty.

"Copy or Extract (certified) of or from any register of births, baptisms, marriages, deaths, or burials:-1d."

Exemptions." (1.) Copy or extract furnished by any clergyman, registrar, or other official person pursuant to and for the purposes of any Act of Parliament, or furnished to any general or superintending registrar under any general regulation. (2.) Copy or extract for which the person giving the same is not entitled to any fee or reward."

By sect. 80, this duty of 1d. "is to be paid by the person requiring the copy or extract, and may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the copy or extract is signed before he delivers the same out of his hands, custody, or power."

An examined copy of a deed, produced by a witness at a trial to prove the original, which the opposite party refuses to produce requires no stamp, for " copy" means an authenticated copy receivable in evidence in the first instance, and the unstamped copy is used merely to refresh the witness's memory. Braythwayte v. Hitchcock, 10 M. & W. 494. So, a copy signed by the party against whom it is offered as secondary evidence is admissible without a stamp. Smith v. Maguire, 1 F. & F. 199. See also Stowe v. Querner, L. R., 5 Ex. 155, cited ante, p. 10.

As to stamps on copy of court roll, vide infra.

66

Copyhold and Customary Estates-Instruments relating thereto.

"Upon a sale thereof. See Conveyance on Sale," ante, p. 234. Upon a mortgage thereof. See Mortgage, &c.," post, p. 424. "Upon a demise thereof. See Lease," post, p. 240. "Upon any other occasion. the memorandum thereof, and made in court:-10s."

Surrender or grant made out of court, or copy of court roll of any surrender or grant

Sect. 81. "(1.) The copy of court roll of a surrender or grant made out of court shall not be admissible or available as evidence of the surrender or grant, unless the surrender or grant, or the memorandum thereof, is duly stamped, of which fact the certificate of the steward of the manor on the face of such copy shall be sufficient evidence.

"(2.) The entry upon the court rolls of a surrender or grant shall not be admissible or available as evidence of the surrender or grant unless the surrender or grant, if made out of court, or the memorandum thereof, or the copy of court roll of the surrender or grant, if made in court, is duly stamped, of which fact the certificate of the steward of the manor in the margin of such entry shall be sufficient evidence."

Sect. 82. "No instrument is to be charged more than once with duty by reason of relating to several distinct tenements, in respect whereof several fines or fees are due to the lord or steward of the manor."

Sect. 85 requires the steward within four months of surrender or grant made in court, to deliver stamped copy of court roll, and by sect. 86, he may refuse to accept surrender, or make grant in court before payment of his fees and of the stamp duty.

In cases falling under the present act, sect. 81 (supra) renders the deci

sions cited below on the former acts inapplicable, but it still seems that a mere examined copy, proved in evidence, requires no stamp; for the "copy" mentioned in the schedule means the copy delivered by the steward Doe d. Burrowes v. Freeman, 12 M. & W. 844. Although if it were shown that the entry on the rolls was unstamped, the evidence would become inadmissible by reason of the above section.

Under the Stamp Act, 55 Geo. 3, c. 184, it was not necessary to stamp court rolls; but surrenders and admittances out of court, and copies of surrenders and admittances made in court, must have been duly stamped, except in the case of a surrender to the use of a will; the schedule of 13 & 14 Vict. c. 97, regulated the duty on admittances since 10 Oct. 1850. A surrender out of court may be proved by an unstamped copy; Doe d. Cawthorn v. Mee, 4 B. & Ad. 617. As between surrenderor and surrenderee, the court rolls, containing a presentment of a surrender out of court, appear to be primary evidence of the surrender, without producing the original stamped surrender. Doe d. Garrod v. Olley, 12 Ad. & E. 481. But surrenders and grants made on and after the 1st January, 1871, must be proved as provided by the Stamp Act, 1870, s. 81, ante, p. 237.

Cost-Book Mines, Transfer of Shares in.

See Transfer, post, p. 255.

See Duplicate, post, p. 240.

Counterpart.

Covenant.

"Covenant for securing the payment or repayment of money, or the transfer or re-transfer of stock. See Mortgage, &c.," post, p. 244. "Covenant in relation to any annuity upon the original creation and sale thereof. See Conveyance on sale," ante, p. 234.

"Covenant in relation to any annuity (except upon the original creation and sale thereof) or to other periodical payments. See Bond, Covenant, &c.,” ante, pp. 232, 233.

"Covenant. Any separate deed of covenant (not being an instrument chargeable with ad valorem duty as a conveyance on sale or mortgage) made on the sale or mortgage of any property, and relating solely to the conveyance or enjoyment of, or the title to, the property sold or mortgaged, or to the production of the muniments of title relating thereto, or to all or any of the matters aforesaid.

Where the ad valorem duty in respect of the consideration or mortgage money does not exceed 10s. :-a duty equal to the amount of such ad valorem duty. In any other case :-) -10s."

Declaration of Use or Trust.

"Declaration of any use or trust of or concerning any property by any writing, not being a deed or will or an instrument chargeable with ad valorem duty as a settlement:-10s."

Deed.-Warrant for Goods.-Delivery Order.

Declaration, Statutory.

239

See Affidavit, ante, p. 218.

Deed.

Deed of any kind whatsoever, not described in the schedule to the Stamp Act, 1870-10s.

By sect. 4, any instrument specifically charged with a duty of 35s. by any Act not relating to stamp duties is now to bear a 10s. stamp.

An agreement under seal for a lease for a term exceeding 35 years requires a 10s. stamp. Clayton v. Burtenshaw, 5 B. & C. 41. If not exceeding 35 years it bears a lease stamp under sect. 96 (1), post, p. 241. Semb. a licence to use a patent, though under seal, does not require a stamp. Chanter v. Johnson, 14 M. & W. 408.

Delivery Order and Warrant for Goods.

"Delivery order :—1d.”

"Warrant for goods :-3d."

Exemptions.] (1.) Any document or writing given by any inland carrier acknowledging the receipt of goods conveyed by such carrier. (2.) A weight note issued together with a duly stamped warrant, and relating solely to the same goods, wares, or merchandise."

Delivery order.] Sect. 87. "The term 'delivery order' means any document or writing entitling, or intended to entitle, any person therein named, or his assigns, or the holder thereof, to the delivery of any goods, wares, or merchandise of the value of 40s. or upwards lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such document or writing being signed by or on behalf of the owner of such goods, wares, or merchandise, upon the sale or transfer of the property therein."

Warrant for goods.] Sect 88. "The term 'warrant for goods' means any document or writing, being evidence of the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods, wares, or merchandise, lying in any warehouse or dock, or upon any wharf, and signed or certified by or on behalf of the person having the custody of such goods, wares, or merchandise."

Sect. 89. "The duty upon a delivery order or warrant for goods may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is made, executed, or issued.”

Sect. 90. "The duty upon a delivery order is, in the absence of any special stipulation, to be paid by the person to whom the order is given, and any person from whom a delivery order chargeable with duty is required may refuse to give it, unless or until the amount of the duty is paid to him."

Sect. 91. "(1.) Every document or writing in the nature of a delivery order is to be deemed to have been given upon a sale of, or transfer of the property in, goods, wares, or merchandise of the value of 40s. or upwards,

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