And for every piece of vellum, parchment or paper upon which any such memorial shall be written, after the first, a further progressive duty of . 0 10 0

MEMORIAL to be registered or inrolled, pursuant to act of parliament, of any deed or instrument, deeds or instruments, whereby any annuity shall be granted or secured in England, 100 And for every piece of vellum, parchment or paper, upon which any such memorial shall be written, after the first, a further progressive duty of .

. 1 0 0 MORTGAGE, conditional surrender by way of mortgage, further charge,

wadset and heritable bond, disposition, assignation or tack, in security, and eik to a reversion, of or affecting any lands, estate or property, real or personal, heritable or moveable whatsoever;

Also any deed containing an obligation to infeft any person in an annual rent, or in lands or other heritable subjects, in Scotland, under a clause of reversion, but without any personal bond or obligation therein contained for payment of the money or stock intended to be secured;

Also any conveyance of any lands, estate or property whatsoever, in trust to be sold or otherwise converted into money, which shall be intended only as a security, and shall be redeemable before the sale or other disposal thereof either by express stipulation or otherwise, except where such conveyance shall be made for the benefit of creditors generally, or for the benefit of creditors specified, who shall accept the provision made for payment of their debts in full satisfaction thereof, or who shall exceed five in number;

Also any defeazance, letter of reversion, back bond, declaration or other deed or writing for defeating or making redeemable or explaining or qualifying any conveyance, disposition, assiguation or tack, of any lands, estate or property whatsoever, which shall be apparently absolute, but intended only as a security;

Also any agreement, contract or bond, accompanied with a deposit of title deeds, for making a mortgage, wadset, or any such other security or conveyance as aforesaid, of any lands, estate or property, comprised in such title deeds, or for pledging or charging the same as a security;

And also any deed, whereby a real burthen shall be declared or created on lands or heritable subjects in Scotland;

Where the same respectively shall be made as a security for the payment of any definite and certain sum of money, advanced or lent at the time, or previously due and owing or forborne to be paid, being payable;

And where the same respectively shall be made as a security for the repayment of money to be thereafter lent, advanced or paid, or which may become due upon an account current, together with any sum already advanced or due, or without, as the case may be, other than and except any sum or sums of money to be advanced for the insurance of any property comprised in such mortgage or security against damage by fire, or to be advanced for the insurance of any life or lives, pursuant to any agreement in any deed, whereby any annuity shall be granted or secured for such life or lives;

If the total amount of the money secured or to be ultimately recoverable thereupon shall be uncertain and without any limit, 25 0 0 But if the total amount of the money secured or to be ultimately recoverable thereon shall be limited not to exceed a given sum, [the same duty as on a mortgage or wadset for such limited sum.]

And where the same respectively shall be made as a security for the transfer or retransfer of any share in any of the government or parliamentary stocks or funds, or in the stock and funds of the governor and company of the Bank of England, or of the East India Company, or the South Sea Company, in consideration of stock or money advanced or lent at the time, or previously due and owing, or forborne to be paid, being payable, [the same duty as on a mortgage or wadset for a sum of money, equal to the value of the stock or fund secured, according to the average price thereof on the day of the date of the mortgage or other instrument aforesaid, or on either of the ten days preceding.]

And where the same respectively shall be made as a security for the payment of a sum of money, and also for the transfer or retransfer of a share in any of the said stocks or funds, the said ad valorem duty shall be charged in respect of each.

And in case the same respectively shall be made as a security for the payment or transfer, to different persons, of separate and distinct sums of money or shares in any of the said stocks or funds, the said ad valorem duty shall be charged for and in respect of each separate and distinct sum of money, or share in any of the said stocks or funds therein specified and secured, and not upon the aggregate amount thereof.

And where any such mortgage or wadset, or other instrument hereby charged with the same duty as a mortgage or wadset, together with any schedule, receipt or other matter put or indorsed thereon or annexed thereto, shall contain 2,160 words or upwards, then for every entire quan

tity of 1,080 words contained therein, over and above the first 1,080 words, a further progressive duty of . 1 0 0

MORTGAGE, &c.-Any transfer or assignment, disposition or assignation, of any mortgage or wadset, or of any such other security as aforesaid, or of the benefit thereof, and of the money or stock thereby secured, in all cases where the person entitled to the right of redemption or reversion shall not be made a party to such transfer or assignment, disposition or assignation, and also where the person who originally made the mortgage, wadset or other security, shall continue entitled to the right of redemption or reversion, and shall be made a party to such transfer or assignment, disposition or assignation, provided no further sum of money or stock be added to the principal money or stock already secured,

. 1 15 0 And in all other cases, such transfer or assignment, disposition or assignation, shall be charged with the same duty or duties as an original mortgage, wadset or other security.

And where any such transfer or assignment, disposition or assignation, hereby charged with a duty of 17. 15s., together with any schedule, receipt or other matter put or indorsed thereon or annexed thereto, shall contain 2,160 words or upwards, then for every entire quantity of 1,080 words contained therein, over and above the first 1,080 words, a further and progreesive duty of (f)

. 1 5 0 Provided always, that where several distinct deeds or instruments, falling within the description of any of the instruments hereby charged with the said ad valorem duty on mortgages and wadsets, shall be made at the same time for securing the payment or transfer of one and the same sum of money, or one and the same share of any of the stocks or funds before mentioned, the said ad valorem duty, if exceeding 21., shall be charged only on one of such deeds or instruments, and all the rest shall be charged with the duty to which the same may be liable under any more general description of such deeds or instruments contained in this schedule; and if required for the sake of evidence, all the rest of such deeds or instruments shall be also stamped with some particular stamp, for denoting or testifying the payment of the said ad valorem duty, on all the said deeds or instruments being produced duly stamped with the duties hereby charged thereon.

And where any copyhold or customary lands or hereditaments shall be mortgaged by means of a conditional surrender or grant, the said ad

(f) Note.-The duties imposed by this act on the transfer of mortgages, (as well as the duties on transfer of mortgages in Ireland under 56 Geo. 3, c. 56,) were repealed by 3 Geo. 4, c. 117, and a stamp duty of 17. 15s. in England, and 17. British

currency in Ireland, on the first skin, substituted; but the act re-imposed the ad valorem duty in respect of any sum added to the principal already secured. See extract from 3 Geo. 4, c. 117, post.

valorem duty shall be charged on the surrender or grant, or the memorandum thereof, if made out of court; or on the copy of court roll of the surrender or grant, if made in court. And copies of court roll, made after the 31st day of August, 1815, of surrenders and grants made in court before or upon that day, and subsequent to the 10th day of October, 1808, shall be charged with the said ad valorem duties. But copies of court roll of surrenders and grants made before or upon the 10th day of October, 1808, shall not be liable thereto.

And where any copyhold or customary lands or hereditaments shall be mortgaged or charged, together with other property, for securing one and the same sum of money, or one and the same share of any of the stocks or funds before mentioned, the said ad valorem duty shall be charged on the deed or instrument relating to the other property (g).

And where there shall be duplicates of any deed or instrument chargeable with the said ad valorem duty on mortgages and wadsets, exceeding 21., one of them only shall be charged therewith, and the other or others shall be charged with the duty to which the same may be liable under any more general description in this schedule; and on the whole being produced duly stamped as hereby required, the latter shall also be stamped with a particular stamp for denoting or testifying the payment of the said ad valorem duty.

Exemptions from the said ad valorem duty on mortgages, &c., but not from any other duty to which the same may be liable.

Any deed or other instrument made in pursuance of and conformable to any agreement, contract or bond charged with, and which shall actually have paid the said ad valorem duty, or the ad valorem duty on mortgages granted by the act of the 48th year of his Majesty's reign before mentioned, [c. 149].

Any deed or other instrument made for the further assurance only of any estate or property already mortgaged, pledged or charged as a security by any deed or instrument, which shall have paid the said ad valorem duty hereby charged, or the ad valorem duty on mortgages or heritable bonds, imposed by the act of the 44th or the act of the 48th year of his Majesty's reign before mentioned.

Any deed or other instrument made as an additional or further security for any sum or sums of money, or any share or shares of any of the stocks or funds before mentioned, already secured by any deed or instrument, which shall have paid the said ad valorem duty hereby charged, or the ad valorem duty on mortgages or heritable bonds, charged by the said act of the 44th [c. 98] or the said act of the 48th year of his Majesty's reign, to be exempt from the said ad valorem duty hereby charged, so far as regards

(g) So that where a sum was secured by an assignment of personalty and a surrender of copyholds, it was held that the ad valorem stamp was to be affixed to the assignment, and that such deed being im

pressed with a 11. stamp only (the ad valorem stamp being on the surrender) ought not to have been received in evidence. Reed v. Wilmot, 7 Bing. 581.

such sum or sums of money, or such share or shares of any of the said stocks or funds before secured, in case such additional or further security shall be made by the same person or persons who made the original security; but if any further sum of money or stock shall be added to the principal money or stock already secured, or shall be thereby secured to any other person, the said ad valorem duty shall be charged in respect of such further sum of money or stock (h).

And if necessary for the sake of evidence, the deeds and instruments hereby exempted from the said ad valorem duty shall be stamped with a particular stamp, for denoting or testifying the payment of the ad valorem duty, upon all the deeds and instruments relating to the particular transaction being produced, and appearing to be duly stamped with the duties to which they were liable.

For general exemptions from the preceding and all other stamp duties, see the end of this part of the schedule.

MORTGAGE, wadset, &c., with a conveyance of the equity or right of redemption or reversion, or other matter in the same deed; viz.,

Where any deed or writing shall operate as a mortgage or other instrument hereby charged with the ad valorem duty on mortgages, and also as a conveyance of the equity or right of redemption or reversion of any lands, estate or property therein comprised, to or in trust for or according to the direction of a purchaser, such deed or writing shall be charged not only with the said ad valorem duty on mortgages, but also with the ad valorem duty hereinbefore charged on a conveyance upon the sale of any property; but where the equity or right of redemption or reversion shall be thereby conveyed or limited in any other manner, such deed or writing shall be charged only as a mortgage.

And in all other cases, where a mortgage or other instrument hereby charged with the ad valorem duty on mortgages shall be contained in one and the same deed or writing with any other matter or thing (except what shall be incident to such mortgage or other instrument), such deed or writing shall be charged with the same duties (except the progressive duty) as such mortgage or other instrument and such other matter or thing would have been separately charged with, if contained in separate deeds or writings.

And where any such deed or writing as is mentioned in the two preceding clauses, together with any schedule, receipt or other matter put or indorsed thereon, or annexed thereto, shall contain 2,160 words or upwards, then for every entire quantity of 1,080 words contained therein, over and above the first 1,080 words, a further progressive duty of. 100 PARTITION.-Any deed whereby any lands or other hereditaments or heritable subjects in England or Scotland shall be conveyed, or any copyhold or customary lands or hereditaments in England shall be covenanted to be surrendered, in order to effect a partition or division

(h) See sect. 3 of 3 Geo. 4, c. 117, post.