Page:Probate and Legacy Duties Act 1808 (ukpga 18080149 en).pdf/13

Rh offending shall for every such Offence forfeit the Sum of Five hundred Pounds; and every Attorney, Solicitor, and Writer to the Signet so offending, and being thereof lawfully convicted, shall also be from thenceforth disabled to practise as an Attorney, Solicitor, or Writer to the Signet ; and any other Person, being entitled or entrusted to prepare any such Deed or other Instrument, in virtue of any public Office or Employment, and being guilty of such Offence in the Execution of his Office or Employment, and being thereof lawfully convicted, shall also forfeit and lose his Office or Employment, and be from thenceforth incapable of holding the same.

Provided always, and be it further enacted, That no Party, Attorney, Solicitor, Writer to the Signet, or other Person whosoever, shall be liable to any Penalty, Disability, or Forfeiture whatsoever, by reason of the full Purchase or Consideration Money not being truly expressed and set forth in or upon any such Deed, Bond, or other Instrument as aforesaid, unless the Duty or Duties actually paid for the same shall be less than would have been payable for the same in case the full Purchase or Consideration Money had been truly expressed and set forth according to the Directions of this Act.

XXVII. And be it further enacted, That from and after the Tenth Where Lands Day of October One thousand eight hundred and eight, where, upon are conveyed the Sale of any Estate of Inheritance or Freehold in any Lands or Heritaments in England, the same shall be conveyed by Bargain and Sale enrolled, and also by Lease and Release or Feoffment, it shall be lawful for the said Commissioners of Stamps, and they are hereby required, on the Production of both Conveyances, and on Proof to their Satisfaction that the full Purchase or Consideration Money is truly expressed and set forth therein, in the Manner hereby directed, and on its appearing that the Release or Feoffment is stamped with the ad valorem Duty hereby charged thereon, and that the Bargain and Sale is stamped with the ordinary Duty hereby charged thereon, to cause the Deed of Bargain and Sale to be also stamped with some particular Stamp for testifying the Payment of the said ad valorem Duty on the Release or Feoffinent; and also where, upon the Sale of any such Estate of Inheritance or Freehold, the same shall be conveyed by Lease and Release, and also by Feoffment, it shall be lawful for the said Commissioners, and they are hereby required, on the Production of both Conveyances, and on Proof to their Satisfaction that the full Purchase or Consideration Money is truly expressed and set forth therein, in the Manner hereby directed, and on its appearing that the Release is stamped with the ad valorem Duty hereby charged thereon, and that the Feoffment is stamped with the ordinary Duty hereby charged thereon, to cause the Feoffment to be also stamped with some particular Stamp for testifying the Payment of the said ad valorem Duty on the Release ; and thereupon the Bargain and Sale in the former Case, and the Feoffment in the latter Case, shall be as available in Law, and of the like Force and Effect, in all respects, as if the same had been stamped with the ad valorem Duty itself, but until the same shall be so stamped as aforesaid the same shall not be given in Evidence, or be available in any Manner whatsoever. XXVIII. And