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gagor does not concur in the transfer, though thereby a fresh debt is contracted ; nor is it necessary, in order to avoid the repayment of the ad valorem duty, that the securities should be assigned to or vested in the transferee of the mortgage in the manner in which they were granted to the original mortgagee. Thus the conversion of a mortgage by demise into a mortgage in fee, on the occasion of an assignment of the security, was considered, with reference to the stamp, in the light of a transfer only."
If it is agreed that arrears of interest paid by the assignee to the original mortgagee, or other person making the assignment, should be converted into principal, and itself bear interest, an ad valorem duty for the amount so converted into principal will be payable, as if a further sum had been lent to the mortgagor.
If, however, the person taking the transfer should pay to the mortgagee any amount, however large, of interest or costs due to him on his security, no additional duty would be payable, unless the mortgagor concurred for the purpose of converting such amount into principal, for no agreement between the mortgagee and assignee could, without such concurrence, have the effect of converting interest into principal, or making costs carry interest. When upon an assignment of a mortgage an ad valorem duty is payable on account of a further advance, or a conversion of interest into principal, it is not necessary that there should be an additional deedstamp upon the transfer, and the progressive duty will be only L.l instead of L.1, 5s., which would have been the proper stamp, had no further sum been
w Doe v. Gray, 3 Ad. and El. 89; Paddon v. Bartlett, 4 Nev. and Man. 1; 2 Ad, and El. 9.
* Coventry on the Stamp Act, 445; Coote on Mortgages, 440.
lent, and the common deed-stamp on the transfer been alone paid.
Mortgages with a conveyance of the equity of redeinp:ion or reversion in the same deed, to or in trust for, or according to the direction of a purchaser, are chargeable with the ad valorem duty on mortgages and conveyances, but if limited in any other manner, with the mortgage duty only.
In any other cases, any deed or writing, in which a mortgage shall be contained with any other matter, except what shall be incident to such mortgage, shall be charged with the same duties (except the progressive duly) as such mortgage or other matter would have been separately charged with if contained in separate deeds or writings.
Notarial act not otherwise charged, L.O 5 0 Notarial act.
ment, or vellum, upon which the
0 5 0 Partition. See Exchange.
Partition. Protest of any bill of exchange or
Protest. proinissory-note for any sum not
amounting to | L.20, L.0 2 0 Amounting to L.20, and not to 100, 0 3 0 100,
500, 0 5 0 500, and upwards, 010 0 Protest of any other kind, see Notarial Act.
Release and renunciation of real or personal pro- Release. perty, or of any right or interest therein not otherwise charged or exempted,—the same as common deeds.
Revocation of any use or trust of real or personal property, whether by deed or not, the same as common deeds.
Surrender of any term, or of any freehold or un. Surrender. certain interest in lands or hereditaments not being
Warrants of attorney.
copyhold, not otherwise charged or exempted. See Deed.
Warrants of attorney to confess judgment as a security for money or stock, are liable to the same stamps as bonds for similar purposes, except where another security upon which the ad valorem duty so paid is also given, and except where it shall be given for securing any sum for which the person giving the same shall be in custody under an arrest, in which cases the duty is L.I.
The following are the terms of the general exemptions from all stamp-duties :
All bonds, contracts, mortgages, conveyances, deeds, and instruments whatever, exempted from stamp-duty by the act of the 17th George III., C. 53, or any other act or acts of Parliament now in force for promoting the residence of the parochial clergy, by making provisions for building, repairing, or purchasing houses and other buildings for the use of their benefices.
All affidavits, contracts, mortgages, conveyances, deeds, and instruments whatever, exempted from stamp-duty by the act of the 42d George III., C. 116, or any other act or acts of Parliament now in force relating to the redemption and sale of the land.tax.
All transfers of shares in the government or par. liamentary stocks or funds.
All grants, leases, and other conveyances and instruments exempted from stamp-duty by any act or acts of Parliament now in force relating to the land revenues of the crown.
All boudi, contracts, and assignments relating to the transportation of convicts.
"A cognovit requires no stamp except an agreement stamp, where it contains any agreement; Reardou v. Swatz, 4 East, 188.
By the 18th section of an act passed in the 5th and 6th years of the reign of his late Majesty, c. 62, for the suppression of voluntary ard extrajudicial oaths and affidavits, which repealed a previous act passed in the same session, for the same object, after reciting, that it might be necessary and proper, in many cases not therein specified, to require confirmation of written instruments, or allegations, or proof of debts, or of the execution of deeds, or other matters, it is enacted, “ That it shall and may be lawful for any justice of the peace, notary-public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him, in the form in the schedule to this act annexed ; and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanor.”
The 19th section of the act authorizes the persons taking such declarations to receive the same fees they would have been entitled to for administering an oath in a similar case prior to the statute.
Under this statute, which declares all voluntary oaths and affidavits to be illegal, the various facts
and statements which require proof in support of a title, or in other similar circumstances, may be verified by means of a declaration before a magistrate, master in chancery, notary, or any other person entitled to administer an oath, which, though not possessing the same religious sanction as an oath, has an advantage which does not belong to voluntary oaths ; namely, the fear of civil punishment, which, with those who did not fear to assert that which was false, may have as much, if not greater, influence than was supplied by the peculiar nature of an oath ; for though persons were not punishable for false swearing, if the oath was extrajudicial and voluntary, the act has declared all persons wilfully making declarations under its provisions, whether voluntary or not, which are false in any material particular, to be guilty of a misdemeanor.
The following forın is prescribed in the schedule to the act, and must always be followed :
I, A. B., do solemnly and sincerely declare, That and I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an act made and passed in the 5th and 6th years of the reign of his late Majesty, intituled, “ An act to repeal an act of the present session of Parliament, intituled, 'An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extrajudicial oaths and affidavits,' and to make other provisions for the abo. lition of unnecessary oaths.”
This declaration should be subscribed by the declarant, and verified by the magistrate or other person before whom it is made, for which the following form may be used :—Declared at this day of before me,
High Court of Chancery.