Page:Probate and Legacy Duties Act 1808 (ukpga 18080149 en).pdf/45

SCHEDULE, PART I.	Duty
CONVEYANCE—continued.		£	s.	d.
Note.—The Purchase or Consideration Money is to be truly expressed and set forth, in Words at length, in or upon every such principal or only Deed or Instrument of Conveyance.
And where any Lands or other Property, contracted to be sold at one entire Price for the Whole, shall be conveyed, in separate Parts or Parcels, by different Instruments, the Purchase or Consideration Money shall be divided and apportioned, in such Manner as the Parties shall think fit, so that a distinct Consideration for each separate Part or Parcel may be set forth in or upon the principal or only Instrument of Conveyance relating thereto.
And where any Lands or other Property shall be sold and conveyed, subject to any Mortgage, Bond, or other Debt, or to any gross or entire Sum of Money, to be afterwards paid by the Purchaser, such Debt or Sum of Money shall be deemed Part of the Consideration in respect whereof the said ad valorem Duty is to be paid.
And to prevent Doubts, respecting what shall be deemed the principal Deed or Instrument of Conveyance, in certain Cases, it is hereby declared ;
That where any Lands or Hereditaments, in England, shall be conveyed by Bargain and Sale inrolled, and also by Lease and Release or Feoffment, with or without any such Letter or Letters of Attorney therein contained as aforesaid, the Release or Feoffment shall be deemed the principal Deed; and the Bargain and Sale shall be charged only with the Duty hereby imposed on Deeds in general—(See Deed)—but the same shall not be inrolled or be available unless also stamped for testifying the Payment of the ad valorer, Duty on the Release or Feoffment, as directed by this Act.
And where any Lands or Hereditaments shall be conveyed by Lease and Release, and also by Feoffment, with or without any such Letter or Letters of Attorney therein contained as aforesaid, the Release shall be deemed the principal Deed ;and the Feoffment shall be charged only with the Duty hereby imposed on Deeds in general—(See Deed)—but the same shall not be available unless also stamped for testifying the Payment of the ad valorem Duty on the Release, as directed by this Act.
And where any Copyhold or Customary Estate shall be conveyed, by a Deed of Bargain and Sale, by the Commissioners named in a Commission of Bankrupt, or by Executors, or others, by virtue of a Power given by Will, or by Act of Parliament, the Deed of Bargain and Sale shall be deemed the principal Instrument.
And in other Cases of Copyhold or Customary Estates, the Surrender or voluntary Grant, or the Memorandum thereof respectively, if made out of Court, or the Copy of Court Roll of the Surrender or voluntary Grant, if made in Court, shall be deemed the principal Instrument.
And where, in Scotland, there shall be a Disposition or Assignation, executed by the Seller, and any other Instrument or Instruments to complete the Title, the Disposition or Assignation shall be deemed the principal Instrument.