Conveyance by Release Without Lease Act 1841

JurisdictionUK Non-devolved
Anno Regni VICTORI, Britanniarum Regin,Quarto & Quinto. An Act for rendering a Release as effectual for the Conveyance of Freehold Estates as a Lease and Release by the same Parties.

(4 & 5 Vict.) C A P. XXI.

[18th May 1841]

'WHEREAS it is expedient to lessen the Expence of conveying Freehold Estates: Be it enacted by the Queen'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 Authority of the same, That every Deed or Instrument of Release of a Freehold Estate, or Deed or Instrumentpurporting or intended to be a Deed or Instrument of Release of a Freehold Estate, which shall be executed on or after the Fifteenth Day ofMay One thousand eight hundred and forty-one, and shall be expressed to be made in pursuance of this Act, shall be as effectual for the Purposes therein expressed, and shall take effect as a Conveyance to Uses or otherwise, and shall operate in all respects both at Law and Equity as if the releasing Party or Parties who shall have executed the same had also executed in due Form a Deed or Instrument of Bargain and Sale or Lease for a Year for giving Effect to such Release, although no such Deed or Instrument of Bargain and Sale or Lease for a Yearshall be executed; provided that every such Deed or Instrument so taking effect under this Act shall be chargeable with the same Amount of Stamp Duty as any Bargain and Sale or Lease for a Year would have been chargeable with (except progressive Duty) if executed to give effect to such Deed or Instrument, in addition to the Stamp Duties which such Deed or Instrument shall be chargeable with as a Release or otherwise under any Act or Acts relating to Stamp Duties.

S-II The Recital or Mention of a Lease for a Year in a Release executed before the passing of this Act to be Evidence of the Execution of such Lease for a Year.

II The Recital or Mention of a Lease for a Year in a Release executed before the passing of this Act to be Evidence of the Execution of such Lease for a Year.

II. 'And whereas many Deeds or Instruments of Bargain and Sale or Leases for a Year, to give effect to Deeds or Instruments of Release of Freehold Estates heretofore executed, have been lost or mislaid;' be it enacted, That where, in or by any Deed or Instrument of Release of Freehold Estates executed before the Fifteenth Day ofMay One thousand eight hundred and forty-one, any Deed or Instrument of Bargain and...

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