Page:Probate and Legacy Duties Act 1808 (ukpga 18080149 en).pdf/14

1470 XXVIII. And be it further enacted, That if any Officer of any of His Majesty's Courts at Westminster, or any Clerk of the Peace, or other Person entrusted to enrol Deeds of Bargain and Sale of Estates of Freehold in England, shall enrol any Deed of Bargain and Sale made after the Tenth Day of October One thousand eight hundred and eight, whereby any Freehold Lands or Hereditaments shall be conveyed to any Purchaser or Purchasers, or other Person or Persons, by his, her, or their Direction, unless such Deed of Bargain and Sale shall appear to be stamped with the proper ad valorem Duty hereby charged on Conveyances upon the Sale of Lands or other Property, according to the Amount of the Purchase or Consideration Money therein expressed, or with such particular Stamp as aforesaid for testifying the Payment of the said ad valorem Duty on a Deed of Release or Feoffment of the same Lands or Hereditaments, every such Officer or Clerk of the Peace or other Person so offending shall for every such Offence forfeit and pay the Sum of Fifty Pounds.

XXIX. Provided always, and be it further enacted, That where any Lands, Tenements, Rents, Annuities, or other Property shall have been actually and bonâ fide contracted to be sold prior to the Twelfth Day of April One thousand eight hundred and eight, by any Contract or Agreement in Writing, duly stamped according to the Laws in force at the Time of the Date and Execution thereof, or shall have been actually and bonâ fide sold under the Decree of any Court prior to the said Twelfth Day of April, and the same shall be conveyed to the Purchaser or Purchasers, or any other Person or Persons by his, her, or their Direction, after the Tenth Day of October One thousand eight hundred and eight, the principal or only Deed or Instrument whereby the same shall be conveyed shall be exempt from the ad valorem Duty charged thereon in the said Schedule hereunto annexed, if the same shall exceed One Pound and Ten Shillings, and shall be charged and chargeable with a Duty of One Pound and Ten Shillings in lieu thereof ; but, in order to prevent Frauds, such Deed or Instrument shall be produced to the said Commissioners of Stamps within Two Calendar Months after the Execution thereof, and upon its being proved to their Satisfaction that the Lands, Tenements, Rents, Annuities, or other Property therein comprized, were actually and bonâ fide contracted to be sold as aforesaid, or were actually and bonâ fide sold, under the Decree of any Court, prior to the said Twelfth Day of April One thousand eight hundred and eight, they the said Commissioners, or any Two of them, shall sign a Certificate of what shall be so proved to their Satisfaction, upon such Deed or Instrument ; and thereupon such Deed or Instrument, being stamped with the said Duty of One Pound and Ten Shillings, shall be as valid and available in the Law as if the same had been stamped with the said ad valorem Duty, but the same shall not without such Certificate be given in Evidence, or be in any Manner available, unless stamped with the proper ad valorem Duty.

XXX. And be it further enacted, That from and after the Tenth Day October One thousand eight hundred and eight, where any Copyhold or Customary Lands or Hereditaments shall be proposed to be surrendered in Court, the Person or Persons proposing to surrender the same shall deliver to the Steward of the Manor or Honour whereof such Lands or Here