Administration of Estates (Probate) Act 1800

JurisdictionUK Non-devolved
Citation1800 c. 72
Anno Regni GEORGII III. tricesimo nono & quadragesimo. An Act to amend several Laws relating to the Duties on stamped Vellum, Parchment, and Paper.

(39 & 40 Geo. 3) C A P. LXXII.

[9th July 1800]

'WHEREAS by an Act, passed in the nineteenth Year of the Reign of his present Majesty, intituled, Lancaster it is enacted, That where the Money to be paid as the Consideration Money for any Grant, Conveyance, or Assurance of the said Rents, shall not exceed the Sum of ten Pounds, such Grants, Conveyances, and Assurances, under the Seal of the said Duchy, shall be Subject to no Stamp Duty for the same: And whereas since the passing of the said Act, certain additional and new Stamp Duties have been granted: And whereas Doubts have arisen whether the said Provisions of the said recited Act of the nineteenth Year of the Reign of his present Majesty continue in force; and also whether the said Grants and Assurances, which are thereby exempted from Stamp Duty, are also exempted from the Stamp Duties granted since the passing of the said Act;' be it therefore enacted, and it is hereby declared and enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That all such Grants, Assurances, and Conveyances as aforesaid shall be, remain, and continue exempted from the several Stamp Duties granted, as well since the passing of the said recited Act of the nineteenth Year of the Reign of his present Majesty as before the passing thereof, any Act or Acts to the contrary thereof notwithstanding.

S-II Geo. 3. c. 90. recited;

II Geo. 3. c. 90. recited;

II. 'And whereas, by an Act made in the thirty-seventh Year of the Reign of his present Majesty, intituled,An Act for granting to his Majesty certain Stamp Duties on the several Matters therein mentioned, and for better securing the Duties on Certificates to be taken out by Solicitors, Attornies, and others, practising in certain Courts of Justice in Great Britain, a Stamp Duty of six Shillings and eight Pence is chargeable upon every Skin or Piece of Vellum or Parchment, or Sheet or Piece of Paper, on which any Copy, purporting to be a true Copy, or attested to be a true Copy, of any Indenture, Lease, or other Deed, or any Part thereof, for the Security or Use of any Person other than the Person having or being entitled to the Custody of such Indenture, Lease, or other Deed, should, from and after the fifth Day of July one thousand seven hundred and ninety-seven, be ingrossed, printed, or written: And whereas it is expedient that the said Duty should be repealed, except as herein-after is provided, and other Duties granted in lieu thereof:' Be it therefore enacted, Thatfrom and after the first Day ofAugust one thousand eight hundred, the said Stamp Duty of six Shillings and eight Pence, charged and payable by the said recited Act as aforesaid, shall cease and determine, and be no longer paid or payable, save and except as herein-after is mentioned and provided; and save also and except as to any Arrears of the said Duties which may, on the said first Day of August , remain unpaid, or to any Fine, Penalty, or Forfeiture, Fines, Penalties, or Forfeitures, relating thereto, which shall have been incurred at any Time before or on the said first Day of August , and the several Powers, Provisions, and Remedies for recovering the same respectively.

S-III but this not to repeal the Duties on Copies for the Security of any Party to an Indenture not having the Custody of the Original, &c.

III but this not to repeal the Duties on Copies for the Security of any Party to an Indenture not having the Custody of the Original, &c.

III. Provided always, and be it further enacted, That nothing herein contained shall be construed to repeal, or in any Manner affect the Duties granted by the said Act, so far as the same relate to any Copy of any Indenture, Lease, or other Deed, or any Part thereof, made or to be made for the Security or Use of any Person or Persons being a Party or Parties to the same Indenture, Lease, or other Deed, and not having the Custody of the original Indenture, Lease, or other Deed, or of any Counterpart or Duplicate thereof, or where such Copy shall not be made in lieu of such original Indenture, Lease, or other Deed.

S-IV From Aug. 1, 1800, in lieu of the Duties repealed, there shall be paid a Stamp Duty of 6 d. on every Sheet of such Copy intended for any other than the Parties to the Indenture, not having the Custody thereof, &c.

IV From Aug. 1, 1800, in lieu of the Duties repealed, there shall be paid a Stamp Duty of 6 d. on every Sheet of such Copy intended for any other than the Parties to the Indenture, not having the Custody thereof, &c.

IV. And be it further enacted, That, from and after the said first Day ofAugust , there shall, in lieu of the Duties hereby repealed, be raised, levied, collected, and paid, throughout the Kingdom of Great Britain , unto his Majesty, his Heirs and Successors, a Stamp Duty of Sixpence upon every Piece of Vellum or Parchment, or Sheet or Piece of Paper, upon which any Copy, purporting to be a true Copy, or attested to be a true Copy, of any Indenture, Lease, or other Deed, or any Part thereof, shall be ingrossed, written, or printed, for, or for the Security or Use of, any Person or Persons, other than any or either of the Parties to the same Indenture, Lease, or other Deed or Deeds, and not having the Custody of such original Indenture, Lease, or other Deed, or any Duplicate or Counterpart thereof, or where such Copy shall not be made in lieu of any such original Indenture, Lease, or other Deed.

S-V Duties to be under the Management of the Commissioners for Stamps.

V Duties to be under the Management of the Commissioners for Stamps.

V. And be it further enacted, That for the more effectually levying, collecting, and paying the said Duties herein-before granted, the same shall be under the Government, Care, and Management of the Commissioners for the Time being appointed to manage the Duties charged on stamped Vellum, Parchment, and Paper, who, or the major Part of them, are required and empowered to employ the necessary Officers under them for that Purpose, and to cause such new Stamp to be provided to denote the said new and additional Duty as shall be requisite in that Behalf, and to alter or renew the same respectively from Time to Time, and to do all other Things necessary to be done for putting this Act in Execution, with relation to the Duties herein-before granted, in the like and in as full and ample a Manner, as they or the major Part of them are authorized to put in Execution any former Law concerning stamped Vellum, Parchment, or Paper.

S-VI Number of Stamps to be put upon every Copy to be calculated according to last recited Act, [∥8.] which shall extend to the Duty hereby granted. [See as to stamping Copies after they are made: Past c. 84. ∥ 2.]

VI Number of Stamps to be put upon every Copy to be calculated according to last recited Act, [∥8.] which shall extend to the Duty hereby granted. [See as to stamping Copies after they are made: Past c. 84. ∥ 2.]

VI. And be it further enacted, That the Number of Stamps to be put on every such Copy shall be calculated and ascertained in like Manner, and according to such and the like Rules, in every Respect, as are contained, in the said herein last-before recited Act, with respect to the said Duty of six Shillings and eight Pence; and all the Clauses, Provisions, Rules, Penalties, Forfeitures, Matters and Things, relating to the said Duty of six Shillings and eight Pence, or prescribed in the said last recited Act, with respect to any Copies, purporting to be true Copies, or attested to be true Copies, of any Indentures, Leases, or other Deeds, shall be extended, applied, and put in Practice, and shall continue and be in force, for the stamping every such Copy as aforesaid, charged with any Duty by this Act, or for the raising, levying, and collecting the Duty hereby granted respectively, in the like Manner and as fully...

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