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unless the contrary is expressly stated therein." "(2.) But no delivery order is, by reason of the same being unstamped, to be deemed invalid in the hands of the person having the custody of or delivering out, the goods, wares, or merchandise therein mentioned, unless such person is proved to have been party or privy to some fraud on the revenue in relation thereto."

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Duplicate.

Duplicate or Counterpart of any instrument chargeable with any duty.

"Where such duty does not amount to 5s. :-the same duty as the original instrument. In any other case :-5s."

Sect. 93. "The duplicate or counterpart of an instrument chargeable with duty (except the counterpart of an instrument chargeable as a lease, such counterpart not being executed by or on behalf of any lessor or grantor), is not to be deemed duly stamped unless it is stamped as an original instrument, or unless it appears by some stamp impressed thereon that the full and proper duty has been paid upon the original instrument of which it is the duplicate or counterpart."

Where two parts of a written agreement are executed at the same time, the one stamped and the other unstamped, the unstamped part, if properly verified, is admissible as secondary evidence of the contents of the stamped part; for, in point of law, it is only used as a memorandum to refresh the mind of the witness. Waller v. Horsfall, 1 Camp. 501; Munn v. Godbold, 3 Bing. 292; and see Braythwayte v. Hitchcock, 10 M. & W. 494, cited ante, p. 237. Where, however, both the parts are executed by both parties, the unstamped part is a duplicate original (vide ante, p. 3), and being primary evidence, excludes secondary evidence, but could not itself be put in evidence without being stamped as a duplicate.

Vide ante, p. 214.

Foreign Instrument.

Lease.

Lease:

"(1) For any definite term less than a year :

(a.) Of any dwelling-house or tenement, or part of a dwelling-house or tenement, at a rent not exceeding the rate of 107. per annum :—ld.

(b.) Of any furnished dwelling-house or apartments where the rent for such term exceeds 251.:-2s. 6d.

(c.) Of any lands, tenements, or heritable subjects except, or otherwise than as aforesaid :- -the same duty as a lease for a year at the rent reserved for the definite term.

(2.) For any other definite term or for any indefinite term; of any lands, tenements, or heritable subjects:

Where the consideration, or any part of the consideration, moving either to the lessor or to any other person, consists of any money stock or security:, in respect of such consideration :-the same duty as a conveyance on a sale for the same consideration.

Where the consideration or any part of the consideration is any rent: in respect of such consideration: if the rent, whether reserved as a yearly rent or otherwise is at a rate or average rate :

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(3.) Of any other kind whatsoever not hereinbefore described:-10s." It was held under the earlier acts that where the lease was for 45 years at a substantial rent for the first 22 years, at a peppercorn during the remaining 22, the lowest scale applied; Pearson v. Inl. Rev. Coms., L. R., 3 Ex. 242; but under the present act it seems that, for the calculation of the duty, the average of the rent has to be taken for the whole term.

By 39 & 40 Vict. c. 16, s. 11, an instrument whereby the rent reserved by a duly stamped lease is increased, is chargeable as a lease made in consideration only of the additional rent thereby made payable.

Agreement for Lease.] Sect. 96. " (1.) An agreement for a lease or tack or with respect to the letting of any lands, tenements, or heritable subjects for any term not exceeding 35 years, is to be charged with the same duty as if it were an actual lease or tack made for the term and consideration mentioned in the agreement. (2.) A lease or tack made subsequently to, and in conformity with, such an agreement duly stamped, is to be charged with the duty of 6d. only."

Sect. 97 relates to the calculation of the duty where the consideration consists of produce or goods.

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Sect. 98. (1.) A lease or tack, or agreement for a lease or tack, or with respect to any letting, is not to be charged with any duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable, or by reason of being made in consideration of the surrender or abandonment of any existing lease, tack, or agreement of or relating to the same subject-matter.

"(2.) No lease made for any consideration or considerations in respect whereof it is chargeable with ad valorem duty, and in further consideration either of a covenant by the lessee to make, or of his having previously made, any substantial improvement of or addition to the property demised to him, or of any covenant relating to the matter of the lease, is to be charged with any duty in respect of such further consideration.

"(3.) No lease for a life or lives not exceeding three, or for a term of

VOL. I.

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years determinable with a life or lives not exceeding three, and no lease for a term absolute not exceeding 21 years, granted by an ecclesiastical corporation aggregate or sole, is to be charged with any higher duty than 35s."

Adhesive stamp.] Sect. 99. "The duty upon an instrument chargeable with duty as a lease or tack for any definite term less than a year of :—(1.) Any dwelling-house or tenement or part of a dwelling-house or tenement, at a rent not exceeding the rate of 10l. per annum. (2.) Any furnished dwelling-house or apartments; or upon the duplicate or counterpart of any such instrument, may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is first executed."

Decisions on lease stamps.] The Stamp Act makes no distinction between leases under seal, or in writing, not sealed. Goodtitle d. Eastwick v. Way, 1 T. R. 735.

Where a lease contained a demise of two farms with two different habendums and separate reservations of rents and covenants, some applying to one farm and some to another, one ad valorem stamp for the amount of both rents was held sufficient. Blount v. Pearman, 1 N. C. 408; Parry v. Deare, 5 Ad. & E. 551.

An instrument purporting to grant a freehold lease; Stone v. Rogers, 2 M. & W. 443, or a term of years exceeding three; Parker v. Taswell, 2 De G. & J. 559; 27 L. J., Ch. 812; Bond v. Rosling, 1 B. & S. 371; 30 L. J., Q. B. 127; Rollason v. Leon, 7 H. & N. 73; 31 L. J., Ex. 96; Tidey v. Mollett, 16 C. B., N. S. 298; 33 L. J., C. P. 235; Stranks v. St. John, L. R., 2 C. P. 376; but which was ineffectual for want of a seal, could only operate as an agreement, and therefore did not require a lease stamp, but it required an agreement stamp, and when the term does not exceed 35 years the stamp is now the same as on a lease (see sect. 96, ante, p. 241). A mere attornment does not require a stamp. Doe d. Linsey v. Edwards, 5 Ad. & E. 95; Accord. Barry v. Goodman, 2 M. & W. 768. The stamp formerly required was regulated by the consideration (whether fine or rent) expressed to be paid, and not by that which was actually paid; Doe d. Kettle v. Lewis, 10 B. & C. 673; but under the present act this seems to be otherwise. A lease containing an agreement to take the fixtures cannot be given in evidence without a lease stamp, though only used in an action for the value of the fixtures, and though it has an agreement stamp. Corder v. Drakeford, 3 Taunt. 382. A lease containing a distinct agreement, not ancillary to the lease, requires stamps of both kinds. Lovelock v Franklyn, 8 Q. B. 371; Coster v. Cowling, 7 Bing. 456. But where there is a lease with an agreement contained in it, giving the lessee the option of purchasing the premises within a certain time, only a lease stamp is necessary. Worthington v. Warrington, 5 C. B. 536. Where there was a written lease to A., and an agreement at the end of it by a third person, B., to guarantee to the lessor the payment of moneys to become due from A. to him under the provisions of the lease, a lease stamp and also an agreement stamp were held necessary, B. not being a party to the rest of the instrument. Wharton v. Walton, 7 Q. B. 474.

A lease made by the landlord to a vendee of the party, to whom he had agreed to grant it, must recite and be charged upon the consideration paid on the sale to the vendee. Att.-Gen. v. Brown, 3 Exch. 662. Under the Stamp Act, 1870, it is liable to double duty; i.e., the duty as on a lease to the vendor, and the duty as on a sale by him to the vendee.

As to effect of reference by lease to a prior one, see Schedule, post, p. 253.

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Letter of Allotment, Scrip Certificate, dc.

"Letter of allotment or letter of renunciation, or any other document having the effect of a letter of allotment:-(1.) Of any share of any company or proposed company; (2.) In respect of any loan raised, or proposed to be raised by any company or proposed company, or by any municipal body or corporation; (3.) Issued or delivered in the United Kingdom, of any share of any foreign or colonial company or proposed company, or in respect of any loan raised or proposed to be raised by or on behalf of any foreign or colonial state, government, municipal body, corporation, or company: -1d.

"And Scrip certificate, scrip, or other document:-(1.) Entitling any person to become the proprietor of any share of any company or proposed company; (2.) Issued or delivered in the United Kingdom, and entitling any person to become the proprietor of any share of any foreign or colonial company or proposed company; (3.) Denoting or intended to denote, the right of any person as a subscriber in respect of any loan raised or proposed to be raised by any company or proposed company, or by any municipal body or corporation; (4.) Issued or delivered in the United Kingdom, and denoting, or intended to denote, the right of any person as a subscriber in respect of any loan raised or proposed to be raised by or on behalf of, any foreign or colonial state, government, municipal body, corporation or company:-1d."

Letter of Attorney.

"Letter, or power of attorney, or commission, factory, mandate, or other instrument in the nature thereof:

"(1.) For the sole purpose of appointing or authorising" a proxy at any one meeting at which votes may be given by proxy, whether the number of persons named in such instrument be one or more (34 & 35 Vict. c. 4, s. 4):-ld.

"(3.) For the receipt of the dividends or interest of any stock: "Where made for the recept of one payment only:-18.

"In any other case :-58.

"(4.) For the receipt of any sum of money, or any bill of exchange or promissory note for any sum of money not exceeding 201., or any periodical payments not exceeding the annual sum of 10l. (not being herein before charged): -58.

"(5.) For the sale, transfer, or acceptance of any of the Government or Parliamentary stocks or funds:

"Where the value of such stocks or funds does not exceed 201.:-5s.

"In any other case:-10s.

"(6.) Of any kind whatsoever not hereinbefore described:-10s."

Exemptions.] (1.) Letter or power of attorney for the receipt of dividends of any definite and certain share of the Government or Parliamentary stocks or funds producing a yearly dividend of less than 31. (2.) Letter or power of attorney or proxy filed in the Court of Probate in England or Ireland, or in any ecclesiastical court."

Sect. 104. "A writing under hand only containing an order, request or direction from the owner or proprietor of any stock to any company or to any officer of any company, or to any banker, to pay the dividends or interest arising from such stock to any person therein named, is not chargeable with duty as a letter or power of attorney."

Sect. 103. "A letter or power of attorney for the sale, transfer, or acceptance of any of the Government or Parliamentary stocks or funds, duly stamped for that purpose, is not to be charged with any further duty by reason of containing an authority for the receipt of the dividends on the same stocks or funds."

Voting paper, adhesive stamp, &c.] Sect. 102. "(1.) Every letter or power of attorney for the purpose of appointing a proxy to vote at a meeting, and every voting paper, hereby respectively charged with the duty of Id., is to specify the day upon which the meeting at which it is intended to be used is to be held, and is to be available only at the meeting so specified, or any adjournment thereof. (2.) The said duty of 1d. may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is executed."

"(4.) Every vote given or tendered under the authority or by means of any such letter or power of attorney or voting paper, not being duly stamped, shall be absolutely null and void. (5.) And no such letter or power of attorney or voting paper shall on any pretence whatever be stamped after the execution thereof by any person."

Voting papers used under 7 Wm. 4 and 1 Vict. c. 78, ss. 13, 14, at the meeting of the town council of a municipal borough for the election of an alderman do not require a stamp under this act. R. v. Strachan, L. R. 7 Q. B. 463.

Memorial.

"Memorial to be registered pursuant to any act of parliament made or to be made for the public registering of deeds and conveyances.

"Where the instrument registered is chargeable with any duty not amounting to 2s. 6d. :—The same duty as the registered instrument. "In any other case:-2s. 6d."

Mortgage.

"Mortgage, bond, debenture, covenant, warrant of attorney to confess and enter up judgment, and foreign security of any kind.

"(1.) Being the only or principal or primáry security for the payment or repayment of money not exceeding* 251.-8d. ; exceeding 251. and not exceeding 501-1s. 3d.; 50l. and not 100l.-2s. 6d. ; 100l. and not 150l.— 3s. 9d.; 150l. and not 200l.-5s.; 200l. and not 250l.-6s. 3d.; 250l. and not 3001.-78. 6d. ; exceeding 3001.-for every 100l., and also for any fractional part of 100l. of such amount, 2s. 6d.

By 46 & 47 Vict. c. 55, s. 15, where the amount secured does not exceed 107., the duty is 3d., except in the case of a warrant of attorney.

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