Feoffment, or bargain and sale. And where any freehold lands or hereditaments in England shall be conveyed by a deed of feoffment, with or without any letter or letters of attorney therein contained, to deliver or receive seisin, or by a deed of bargain and sale enrolled; such deed of feoffment or bargain and sale, unless accompanied with a lease and release, shall be charged with a further duty as follows: If it shall amount to 150l. or upwards. 1 15 0 But if there shall be both a feoffment and a bargain and sale Feoffment and inrolled, then the said further duty shall not attach on either. Note. The purchase or consideration money is to be truly ex- bargain and sale. Consideration to be expressed. Lands of different tenures sold at one sum. And where any lands or other property, contracted to be pur- Joint purchased by two or more persons jointly, or by any person for chasers. 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, to the persons for whom the same shall be purchased, for distinct parts or shares of the purchase money; the principal or only deed or instrument 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 PURCHASES. CONVEYANCE-continued. Stamp Act, 55 Geo. III. c. 184. Sale by subpurchaser. Sub-purchaser selling in parcels. Sub-purchasers 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 purchase or consideration monies therein mentioned to be paid or agreed to be paid, for the lands or property thereby conveyed. And 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 money therein mentioned to be paid, or agreed to be paid, by the sub-purchaser. And 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 the whole or any part or parts thereof, to any other person or persons, and the same shall in consequence be conveyed, by the original seller, to different persons, in parts or parcels; the principal or only deed or instrument of conveyance, of each part or parcel thereof, shall be charged with the said ad valorem duty, in respect only of the purchase or consideration money which shall be therein mentioned to be paid or agreed to be paid for the same, by the person or persons, to whom or to whose use or in trust for whom the conveyance shall be made, without regard to the amount of the original purchase money. And in all cases of such sub-sales as aforesaid, the sub-purchasers, and the persons immediately selling to them, shall be deemed and taken to be the purchasers and sellers, within the intent and meaning of the provisions and regulations of the aforesaid act of the forty-eighth year of his majesty's reign [chap. 149], relating to the ad valorem duties on conveyances on the sale of property thereby imposed, and which are to be observed and enforced with regard to the said ad valorem duties hereby granted. CONVEYANCE-continued. But where any sub-purchaser shall take an actual conveyance of the interest of the person immediately selling to him, which shall be chargeable with the said ad valorem duty, in respect of the purchase or consideration money paid or agreed to be paid by him, and shall be duly stamped accordingly; any deed or instrument of conveyance to be afterwards made to him, of the property in question, by the original seller, shall be exempted from the said ad valorem duty, and be charged only with the ordinary duty on deeds or instruments of the same kind not upon a sale. PURCHASES. Stamp Act, 55 Geo. III. c. 184. Sub-purchaser taking from first purchaser. And where any lands or other property separately contracted Joint vendors. to be purchased of different persons, at separate and distinct prices, shall be conveyed to the purchaser, or as he shall direct, in and by one and the same deed or instrument; such deed or instrument shall be charged with the said ad valorem duty, in respect of the aggregate amount of the purchase or consideration monies, therein mentioned to be paid or agreed to be paid for the same. money. And where any lands, or other property, shall be sold and con- Consideration, veyed, in consideration, wholly or in part, of any sum of mortgage money charged thereon by way of mortgage, wadset, or otherwise, and then due and owing to the purchaser, or shall be sold and conveyed, subject to any mortgage, wadset, bond or other debt, or to any gross or entire sum of money, to be afterwards paid by the purchaser, such sum of money or debt shall be deemed the purchase or consideration money, or part of the purchase or consideration money, as the case may be, in respect whereof the said ad valorem duty is to be paid. And to prevent doubts, respecting what shall be deemed the principal deed or instrument of conveyance, in certain cases, it is hereby declared: That where any lands or hereditaments in England shall be conveyed by bargain and sale inrolled, and also by lease and release, or feoffment, with or without any such letter or letters of attorney therein contained as aforesaid, the release or feoffment shall be deemed the principal deed; and the bargain and sale shall be charged only with Which to be the principal of several instruments. PURCHASES. CONVEYANCE-continued. Stamp Act, 55 Geo. III. c. 184. Feoffment and lease and re lease. Bargain and sale of copy holds. Surrender of copy hold. roll. the duty hereby imposed on deeds in general.-(See DEED.) → But the same shall not be inrolled or be available, unless also stamped for testifying the payment of the ad valorem duty on the release or feoffment. And where any lands or hereditaments shall be conveyed by lease and release, and also by feoffment, with or without any such letter or letters of attorney therein contained as aforesaid; the release shall be deemed the principal deed; and the feoffment shall be charged only with the duty hereby imposed on deeds in general.-(See DEED.)-But the same shall not be available, unless also stamped for testifying the payment of the ad valorem duty on the release. And where any copyhold or customary estate shall be conveyed, by a deed of bargain and sale, by the commissioners named in a commission of bankrupt, or by executors or others, by virtue of a power given by will, or by act of parliament, or otherwise, where a surrender shall not be necessary, the deed of bargain and sale shall be deemed the principal instru ment. And in other cases of copyhold or customary estates, the surrender or voluntary grant, or the memorandum thereof respectively, if made out of court, or the copy of court roll of the surrender or voluntary grant, if made in court, shall be deemed the principal instrument. Copies of court And copies of court roll, made after the thirty-first day of August, 1815, of surrenders and voluntary grants made in court before or upon that day, and subsequent to the 10th day of October, 1808, shall be charged with the said ad valorem duties. But copies of court roll, of surrenders and voluntary grants made before or upon the 10th day of October, 1808, shall not be liable thereto. Copy holds for life. Scotland. And grants, and copies of court roll of grants, of copyhold or customary estates for a life or lives, are to be charged, as well as those for any greater interest. And where in Scotland there shall be a disposition or assignation, executed by the seller, and any other instrument |