The agreement, if under seal, is a deed, and chargeable with duty as such (d); if not under seal, and if the subject-matter be of less value than 20l., no duty is payable; and if, on a sale by auction, the same person buy several lots, a distinct contract arises for each lot; and, whatever may be the aggregate amount, no stamp is required for any lot which separately sells for less than 20l. (e): if the purchase-money exceed 20l., and the agreement contain less than 1081 words, a 2s. 6d. stamp only is payable (f); this may, without payment of a penalty, be affixed within fourteen days after execution; after that time a 10l. penalty becomes payable (g): where a series of letters or other documents constitutes an agreement, and contains altogether less than 1081 words, the 2s. 6d. stamp would seem to attach upon only one of them (h); an agreement containing more than 1080 words, is, as respects the time for stamping, subject to the same provisions and regulations as a deed (i); and, prior to the 10th October, 1850, was liable to a 35s. stamp, and (if it exceeded 2159 words) to 25s. followers; but under the late Act, a 2s. 6d. stamp only is payable for the first 1080 words, with 2s. 6d. followers: if, however, an agreement consist of a series of letters, no progressive duty attaches (j), although the letters were written, not by the contracting party himself, but by his agent (k): a contract by the assignees of a bankrupt for the sale of his real estate, is exempt from stamp duty (l); as, also, are agreements under the Acts for promoting the residence of the Parochial Clergy, the Churchbuilding, Poor Law, Tithe Commutation, and Commons Inclosure Acts, and agreements entered into by the Commissioners of Woods and Forests (m).

As to stamps on agreements.

(d) See Robinson v. Drybrough, 6 Durn. & E. 317.

(e) Emmerson v. Heelis, 2 Taunt. 38; Roots v. Lord Dormer, 4 B. & Ad. 77.

(f) 7 Vict. c. 21; 13 & 14 Vict. c. 97.

(g) See 7 Vict. c. 21, s. 5; and this does not seem to be affected by the new Act; see proviso to sect. 12.

(h) See 55 Geo. III. c. 184, sched. "Agreement;" and Parkins v. Moravia, 1 Car. & P. 376; Peate v. Dicken, 1 Cr. M. & R. 422; and see Tilsley on the Stamp Laws, 43, 1st edit.

(i) See 55 Geo. III. c. 184, s. 9.

(j) See schedule to 55 Geo. III. c. 184, title " Agreement." The

There must, in general, be distinct stamps for each distinct agreement or contract; upon this principle, where a person purchases several lots at an auction, the agreement must bear a stamp in respect of each lot for which the purchase-money exceeds 20l. (n): upon a purchase from persons having separate interests in an estate, (e. g., tenants in common, or tenant for life and remainderman,) the agreement, if so worded as to be a contract for the entire estate, would seem to be subject only to single duty; but if, on the contrary, it were so worded as to amount to separate contracts with the several vendors for their separate interests in the property, so as to give to each vendor a right to enforce the agreement in respect of his own particular interest, it is conceived that separate stamps would be requisite.

If the agreement be not stamped, and be subsequently lost, or even destroyed by the fraudulent act of the party chargeable thereon, a Court of Equity can give no relief unless the Plaintiff can procure a copy and get it stamped at the Stamp Office; the Defendant, if he have a copy, will be ordered to produce it for that purpose (o); and it appears, that a copy may be made from recollection, if the witnesses can swear to the precise terms, and not merely the general tenor, of the instrument (p): and the Court will, in the absence of circumstances inducing a supposition to the contrary, presume that a lost instrument was duly stamped (q); or that obliterated stamps were of the right amount (r).

Several stamps, when requisite new Act declares, retrospectively and prospectively, that progressive duty is not payable in respect of stamped instruments being incorporated with or referred to in the principal instrument; see sect. 11: and see Sneezum v. Marshall, 7 Mee. & W. 417.

Loss of unstamped agreement, effect of.

(k) Grant v. Maddox, 15 Mee. & W. 737.

(l) Flather v. Stubbs, 6 Jur. 102; see 6 Geo. IV. c. 16, s. 98; and 12 & 13 Vict. c. 106, s. 138.

(m) See Tilsley on Stamps, 759 to 762, 1st edit.

(n) See James v. Shore, 1 Stark. 426; Watling v. Horwood, 12 Jur. 48.

It has been held by the Court of Exchequer, that any instrument operating as a record of the transfer of property, (not being goods, wares, or merchandise,) e. g., a memorandum that A. has sold all the goods and fixtures in a certain shop, is a conveyance within the meaning of the Stamp Laws, and must bear the ad valorem duty (s).

We may here remark, that an agreement in evasion of the Stamp Laws, e. g., that the document shall, for the present, remain unstamped, but that, if it shall become necessary to stamp it, one of the parties thereto will pay the penalty, cannot be enforced (t).