The following scale of duties is payable under the late Act (a); viz., where the purchase-money does not exceed 25l., a duty of 2s. 6d.; where it exceeds 25l. and does not exceed 300l., a duty of 2s. 6d. for every entire sum of 25l. and for any fractional part of such sum; where it exceeds 300l. and does not exceed 600l., a duty of 5s. for every entire sum of 50l. and for any fractional part of such sum; and where it exceeds 600l., a duty of 10s. for every entire sum of 100l. and for any fractional part of such sum: and by the same Act the lease for a year stamp, and the corresponding additional duty payable on a feoffment or bargain and sale are abolished (b); and instead of the old progressive duty, every entire number of 1080 words after the first 1080 words is charged with the amount of the ad valorem duty (if not exceeding 10s.), or, if such ad valorem duty exceed 10s., or if the deed be not liable to ad valorem duty, then with a progressive duty of 10s.

Purchase-money may after contract be reduced to lessen duty.

Duty not payable on money paid as part of family arrangement.

Payable on money paid by Lessee to party holding agreement for Lease.

Duties payable under 13 & 14 Vict. C. 97.

(«) Supra, p. 256.

(w) Shepherd v. Hall, 3 Camp. 180; Sag. 698; Tilsley, 253.

(x) 4 B. & C. 246; and, as to general exemptions from stamp duty, see Tilsley, 759, et seq.

(y) Denn d. Manifold v. Diamond, 4 B. & C. 243; Massy v. Nanney, 3 Bing. N. C. 478; and, In re Kerrey Glazier, cited in Tilsley, 246. z Alt.-Gen. v. Brown, 3 Exch.

662; see indemnity clause, 13 & 14 Vict. c. 97, s. 10, in respect of penalties incurred under this doctrine, prior to 20th March, 1850.

(a) According to Mr. Tilsley, the old scale of duties is payable on deeds executed before, although not stamped until on or after, the 11th October, 1850 (Tilsley's New Stamp Act, 3), sed gu.; see 14 Jur. part 2, 382.

And the Act empowers the Commissioners, on payment of a fee of 10s., to state what in their opinion is the proper amount of duty; and if the same has already been or is then paid, to stamp the deed with a stamp denoting, and which is to be evidence, that the full amount of duty has been paid; and an appeal from their decision lies to the Court of Exchequer (c).

And (d) where any lands or other property shall have been actually and bond fide contracted to be sold prior to the 20th March, 1850, by any contract or agreement in writing duly stamped, or shall have been actually and bond fide sold under the decree of any Court made prior to the said 20th March, and shall be conveyed to the pur-chaser or any other person by his direction after the 10th October (e) and before or on the 31st March, 1851, the conveyance is to be exempt from any ad valorem duty of a greater amount than would have been payable under the old law; but the grounds of exemption are to be proved to the satisfaction of the Commissioners, and a certificate of the matter so proved is to be written on the deed, and signed by them, some or one of them.

"Where the conveyances to several joint-purchasers are comprised in the same deed, duty is payable upon the aggregate of the several purchase-moneys (f).

Commissioner may determine the proper amount of duty.

Certain conveyances exempted from increase of duty.

What duty payable on single conveyance to joint purchasers.

(b) Sects. 6 and 7.

(c) Sects. 14 and 15.

(d) Seet. 16.

(e) 1850 seems to be accidentally omitted.

(f) See 1st Schedule to 55 Geo. III. c. 184, tit. Conveyance.

Upon a sub-sale by a purchaser who has not obtained a conveyance, such purchaser and his sub-purchasers are considered the vendor and purchasers within the meaning of the Stamp Acts; and the duty payable upon the conveyances to the sub-purchasers (although the original vendor join therein) is determined solely by the amount paid by such sub-purchasers; and if the original vendor do not join in the conveyance to the sub-purchasers, and the same is duly stamped, no ad valorem duty is payable upon any subsequent conveyance by him of the legal estate (g).

And where a purchaser takes, by the same deed, conveyances, from several vendors, of properties separately contracted for, duty is payable upon the aggregate of the purchase-moneys (h).

A deed executed by way of confirmation of a previous deed purporting to be a conveyance and which has paid the ad valorem duty, is not itself liable to such duty, although the former deed was inoperative (i).

Where there are several assurances, the ad valorem duty is payable on the principal assurance; and what is to be deemed such in certain specified cases is defined by the Acts: and where in any other case it is doubtful which assurance shall be considered the principal, the parties may determine for themselves which is to be so considered; and the other instruments may (if required) be impressed with stamps denoting payment of the duty (k).

Upon the sale of copyholds, the Steward must, within four calendar months after the date of any surrender or admittance, deliver out the usual copy of Court Roll duly stamped; but he may insist on payment of his fees and the stamp duty before accepting the surrender or granting the admittance (l).

In case of sub-sales- sub-purchasers alone considered the purchasers.

On single conveyance of separate estates to sole purchaser.

None on deed of confirmation.

Is payable on the principal assurance.

Denoting Stamp.

Copies of Court Roll procured to be stamped by Steward of Manor.

(g) See note (f).

(h) Ibid.

(i) Doe d. Priest v. Weston, 2 Q. B. 249

(k) See note (f).

Where persons having separate estates or interests in the property join in the conveyance, only one set of stamps is necessary (m): however, in a recent case (n), where five tenants in common of copyholds contracted to sell at an entire price, the Court of Queen's Bench determined that, although only one stamp was payable upon the surrender, the purchaser must be admitted separately to each of the five estates in common, and that a separate stamp was payable for each admittance.