(y) 2 Black. Com. 307, 378.

(x) Ibid. 297.

(a) Stat. 17 & 18 Vict. c. 125, s. 29, now repealed by stat. 33 & 34 Vict. c. 99.

(b) Stat. 33 & 34 Vict. c. 97, s. 16. This act came into operation on the 1st of January, 1871. The penalties are 10l., and also by way of further penalty, where the unpaid duty exceeds 101., interest on such duty at the rate of 51. per cent, per annum from the day upon which the instrument was first executed up to the time when such interest is equal in amount to the unpaid duty, also a further sum of 1l.

(c) Where the amount or value of the consideration for the sale Two witnesses desirable.

Stamps

dose not exceed 5........................................................

0

0

6

Exceeds

5

and does not exceed

10

0

1

0

"

10

"

15

0

1

6

"

15

"

20

0

2

0

"

20

"

25

0

2

6

"

25

"

50

0

5

0

""

50

"

75

0

7

6

"

75

"

100

0

10

0

"

100

"

125

0

12

6

"

125

"

150

0

15

0

(c) - continued.

Exceeds

150

and does not exceed

175

0

17

6

"

175

"

200

1

0

0

"

200

"

225

1

2

6

"

225

"

250

1

5

0

"

250

"

275

1

7

6

"

275

"

300

1

10

0

"

300

For every 50, and also for any fractional part of 50, of such amount or value 0 5 0

(d) Stat. 13 & 14 Vict. c. 97, schedule, title "Progressive Duties," now repealed by stat. 33 & 34 Vict. c. 99. (e) Stat. 28 & 29 Vict. c. 9G.

(/) Stat. 13 & 14 Vict. c. 97, schedule, title "Conveyance." (g) Where the purchase or consideration money therein expressed

shall not amount to 20........................................

0

10

Amount to

20 and not to

50

1

0

"

50

"

150

1

10

"

150

"

300

2

0

"

300

"

500

3

0

"

500

"

750

6

0

"

750

"

1000

9

0

"

1000

"

2000

12

0

"

2000

"

3000

25

0

"

3000

"

4000

35

0

If the premises should be situate in either of the counties of Middlesex or York, or in the town and county of Kingston-upon-Hull, a memorandum will or ought to be found indorsed, to the effect that a memorial of the deed was duly registered on such a day, in such a book and page of the register, established by act of parliament, for the county of Middlesex(h), or the ridings of York, or the town of Kingston-upon-Hull (i). Under these acts, all deeds are to be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration, unless a memorial of such deeds be duly registered before the registering of the memorial of the deed under which such subsequent purchaser or mortgagee

Registry In Middlesex, Yorkshire And Hull

(g) - continued.

Amount to

4000 and not to

5000

45

0

"

5000

"

600O

55

0

"

6000

"

7000

65

0

"

7000

"

8000

75

0

"

8000

"

9000

85

0

"

9000

"

10,000

95

0

"

10,000

"

12,500

110

0

"

12,500

"

15,000

130

0

"

15,000

"

20,000

170

0

"

20,000

"

30,000

240

0

"

30,000

"

40,000

350

0

"

40,000

"

50,000

450

0

"

50,000

"

60,000

550

0

"

60,000

"

80,000

650

0

"

80,000

"

100,000

800

0

"

100,000

"

or upwards

1000

0

And for every entire quantity of 1080 words contained therein over and above the first 1080 words, a further progressive duty of .. .. .. .. ..10 shall claim. Wills of lands in the above counties ought also to be registered, in order to prevail against subsequent purchasers or mortgagees. Conveyances of lands forming part of the great level of the fens, called Bedford Level, are also required to be registered in the Bedford Level Office (k); but the construction which has been put on the statute, by which such registry is required, prevents any priority of interest from being gained by priority of registration (l).

See stats. 55 Geo. III. c. 184, 4 & 5 Vict. c. 21, 7 & 8 Vict. c. 76, and 8 & 9 Vict. c. 106. The earlier stamp acts are stats. 44 Geo. III. c. 98, and 48 Geo. III. c. 149, the latter of which statutes first imposed an ad valorem duty on purchase deeds.

(h) Stat. 7 Anne, c. 20.

(i) Stat. 2 & 3 Anne, c. 4, 5 Anne, c. 18, for the west riding; stat. 6 Anne, c. 35, for the east riding and Kingston-upon-Hull; and stat. 8 Geo. H. c. 6, for the north riding. The deeds must be first duly stamped. Stat. 33 & 34 Vict. c. 97, s. 22.

From the specimen before him, the reader will be struck with the stiff and formal style which characterizes legal instruments; but the formality to be found in every properly drawn deed has the advantage, that the reader who is acquainted with the usual order knows at once where to find any particular portion of the contents; and, in matters of intricacy, which must frequently occur, this facility of reference is of incalculable advantage. The framework of every deed consists but of one, two, or three simple sentences, according to the number of times that the testatum, or witnessing part, "Now this Indenture witnesseth," is repeated. This testatum is always written in large letters; and, though there is no limit to its repetition (if circumstances should require it), yet, in the majority of cases, it occurs but once or twice at most. In the example above given, it will be seen that the sentence on which the deed is framed, is as follows: - "This "Indenture, made on such a day between such parties, "witnesseth, that for so much money A. B. doth grant "certain premises unto and to the use of C. D. and "his heirs." After the names of the parties have been given, an interruption occurs for the purpose of introducing the recitals; and when the whole of the introductory circumstances have been mentioned, the thread is resumed, and the deed proceeds, "Now this Indenture witnesseth." The receipt for the purchase-money is again a parenthesis; and soon after comes the description of the property, which further impedes the progress of the sentence, till it is taken up in the habendum, "To have and to hold," from which it uninterruptedly proceeds to the end. The contents of deeds, embracing as they do all manner of transactions between man and man, must necessarily be infinitely varied; and a simple conveyance, such as that we have given, is rare, compared with the number of those in which special circumstances occur. But in all deeds, as nearly as possible, the same order is preserved. The names of all the parties are invariably placed at the beginning; then follow recitals of facts relevant to the matter in hand; then, a preliminary recital, stating shortly what is to be done; then, the testatum, containing the operative words of the deed, or the words which effect the transaction, of which the deed is the witness or evidence; after this, if the deed relate to property, come the parcels or description of the property, either at large, or by reference to some deed already recited; then, the habendum showing the estate to be holden: then, the uses and trusts, if any; and, lastly, such qualifying provisoes and covenants, as may be required by the special circumstances of the case. Throughout all this, not a single stop is to be found, and the sentences are so framed as to be independent of their aid; for, no one would wish the title to his estates to depend on the insertion of a comma or semicolon. The commencement of sentences, and now and then some few important words, which serve as landmarks, are rendered conspicuous by capitals: by the aid of these, the practised eye at once collects the sense; whilst, at the same time, the absence of stops renders it next to impossible materially to alter the meaning of a deed, without the forgery being dis-covered.