Uling forged Stamps by Officers of Court, &c. By Attornies, &C. XCVIII. And be it further enacted, That whenever any Officer of any Court of Law or Equity, or of any Ecclefiaftical or Admiralty Court, or of any Public Office in Ireland, shall certify, fubfcribe, engrofs or write any Copy or Extract, or any other matter in anywife relating to the Bufinefs of fuch Court or Office, in refpect of which any Stamp Duty fhall be payable, and which according to the ufual Courfe of Bufinefs may or ought to be prepared, written or engroffed by fuch Officer or his Clerks, and for the writing or engroffing of which, if fo prepared, fuch Officer may be entitled to charge any Fee; and whenever any Six Clerk in Chancery, or any Attorney, Solicitor, Proctor, Agent, Procurator, Notary Public or Scrivener, fhall caufe any Pleading, Order or Proceeding whatsoever, in refpect whereof any Stamp Duty shall be payable, to be filed in any fuch Court, or fhall, by himself, his Clerks, Agents or Servants prepare, or caufe to be prepared, written or engroffed, any Deed, Inftrument or Writing, in refpect whereof By Merchants, any Stamp Duty fhall be payable; or if any Merchant, Factor, Trader or other Perfon fhall caufe any Requifition or Request Note for any Permit, or any Certificate of a Permit, which Requifition or Request Note fhall be liable to any Stamp Duty, to be prepared, written or printed, or partly written and partly printed, or to be ufed or delivered for or towards the obtaining of fuch Permit or Certificate, and the Vellum, Parchment or Paper upon which fuch Copy or other matter, Pleading, Order or Proceeding, Deed, Inftrument or Writing, Requifition or Requests Note fhall be written or engroffed, shall be stamped or marked with a falfe, forged or counterfeited Stamp or Mark, then and in every fuch case every such Officer, Six Clerk, Attorney, Solicitor, Agent, Procurator, Proc. tor, Notary Public or Scrivener, Merchant, Factor, Trader or other Perfon refpectively, fhall, for every such false, forged or counterfeited Stamp or Mark, forfeit and pay the Sum of Ten Pounds British Currency, unless he fhall prove that the Vellum, Parchment or Paper, fo ftamped or marked, was bought with the Stamps or Marks thereon at the Stamp Office in Dublin, or of fome Diftributor or Sub Distributor of Stamps, or of fome Perfon licensed to fell Stamps. Factors, &c. Penalty. Before Enrol ment of Deeds, Stamps to be examined by Registrar or other Officer. Fee. XCIX. And be it further enacted, That whenever any Deed or other Inftrument which shall be fubject to any Stamp Duty whatfoever fhall be delivered for Registry to the Regiftrar or Deputy Registrar for registering Deeds in Ireland, or fhall be delivered for Enrolment to any Officer of any of His Majefty's fuperior Courts in Dublin, or to any Clerk of the Peace or other Person entrusted to enrol Deeds in Ireland, fuch Registrar, Deputy Registrar, Officer, Clerk of the Peace or other Perfon, fhall before the same shall be fo registered or enrolled refpectively, examine carefully fuch Deed and the Stamp thereon, for which Examination the Perfon actually making the fame, whether Principal or Deputy, fhall receive for his own proper Ufe from the Perfon fo delivering fuch Deed or Inftrument a Sum or Fee of One Shilling and no more over and above all other lawful Fees; and if fuch Deed fhall not be ftamped with a proper and legal Stamp to denote the Payment of the Duty which hall appear to be payable thereon, fuch Registrar, Deputy Registrar or Officer, Clerk of the Peace or other Perfon fhall not fuffer fuch Deed to be registered or enrolled refpectively until the fame shall be duly ftamped; and if fuch Registrar, Deputy Registrar, Officer, Clerk of the Peace or other Perfon, fhall offend herein, he fhall, for every fuch Offence, forfeit and pay the Sum of Fifty Pounds Sterling. C. And be it further enacted, That no Memorial fhall be received for Registry by any Registrar or Deputy Registrar in Ireland, unless he shall receive at the fame time the Deed or other InArument required to be registered thereby; and if any fuch Regiftrar or Deputy Regiftrar fhall receive fuch Memorial without fuch Deed or other Inftrument, he shall for every fuch Offence forfeit the Sum of Twenty Pounds. CI. And be it further enacted, That no attested Copy of any final Judgment, which fhall have been entered in Ireland before the Commencement of the faid recited A&t paffed in the laft Seffion of Parliament, intituled An Ad to regulate the Collection and Management of the Stamp Duties on Law Proceedings, Attornies, Solicitors, Prodors and Corporate Officers in Ireland, and which fhall have required a Stamp, fhall be given or received in Evidence, unless the Officer attefting the fame fhall certify, not only that the fame is a true Copy of fuch Judgment, but that fuch Judgment has been duly ftamped; and if any Officer fhall certify the fame falfely, he fhall, for every fuch Offence, forfeit the Sum of Forty Pounds. Penalty. cafes of Arreft without any Stamp, &c. CII. And be it further enacted, That if any Perfon or Perfons fhall be arrested by virtue of any Writ or Procefs of any of His Majefty's Superior Courts of Record in Dublin, at the Suit of any common Perfon, and the Sheriff or otherOfficer fhall take Bail for fuch Perfon, against whom fuch Writ or Process fhall iffue, the Sheriff or other Officer, at the Request and Coft of the Plaintiff in fuch Action or Suit, or of his lawful Attorney, fhall duly affign to the Plaintiff in fuch Action or Suit the Bail Bond or other Security taken from fuch Bail, by Indorsement according to Law, without any Stamp in refpect of fuch Affignment; and also when and fo often as it fhall become neceffary for any Sheriff or other Officer in Ireland having Authority to grant Replevins, to affign any Bail Bond of any Plaintiff in Replevin, to the Avowant or Defendant in fuch Action, then and in fuch cafe fuch Affignment may be made without any Stamp in respect thereof: Provided ne- Provifo as to vertheless, that no Action fhall be brought under any Affignment Action on Affignment. in any of the faid cafes until the fame fhall be firft duly ftamped with fuch Stamp as fhall be then by Law required for fuch Affignment; and the faid feveral Affignments fhall, on Application at the Stamp Office in Dublin, at any time before any Action be brought thereupon, be duly ftamped in fuch manner as fhall be then required by Law, without Payment of any Penalty or other Sum, fave only the Duty which fhall be then payable thereon. CIII. And be it further enacted, That from and after the Commencement of this Act, in all cafes of the Sale of any Lands, Tenements, Rents, Annuities or other Property, Real or Personal, or of any Right, Title, Intereft or Claim in, to, out of or upon any Lands, Tenements, Rents, Annuities or other Property where a Duty is or shall be from time to time impofed on the Conveyance thereof in proportion to the Amount of the Purchase or Confideration Money therein or thereupon expreffed, the full Purchase or Confideration Money which fhall be directly or indirectly paid or fecured, Conveyances to exprefs Confideration Money paid, Penalty. Summarily recovered. Parties giving Information indemnified and rewarded. Purchasers may recover back from the Sellers fo much of the Confideration as fhall not be expreffed. fecured, or agreed to be paid for the fame, fhall be truly expreffed and fet forth in Words at length in or upon the principal or only Deed or Inftrument whereby the Land or other thing fold fhall be granted, affigned, transferred, released, renounced or otherwife conveyed to or vested in the Purchaser or Purchasers, or to or in any other Perfon or Perfons, by his, her or their Direction, and alfo where, upon the Sale of any Annuity, Easement, Servitude or other Right, not before in existence, the fame fhall not be created by actual Grant or Conveyance, but shall only be fecured by Bond, Warrant of Attorney, Covenant, Contract or other Security, the full Purchase or Confideration Money which fhall be directly or indirectly paid or fecured, or agreed to be paid for the fame, shall be truly expreffed and fet forth in Words at length in or upon the Bond or other Inftrument or Inftruments by which the fame fhall be fecured; and if in any of the faid cafes the full Purchafe or Confideration Money fhall not be truly expreffed and fet forth in manner hereby directed, the Purchaser and Purchafers, Seller and Sellers, and each and every of them, shall forfeit the Sum of Fifty Pounds, and fhall also be charged and chargeable with and be holden liable to the Payment of Five times the Amount of the Duty which fhould have been payable for fuch Deed, Bond or other Inftrument as aforefaid, in respect of the full Purchafe or Confideration Money, in cafe the fame had been truly expreffed and fet forth in or upon fuch Deed, Bond or Inftrument, beyond the Amount of the Duty actually paid for the fame, which Quintuple Duty fhall be deemed and taken to be a Debt to His Majefty, his Heirs and Succeffors, of and from the Party or Parties respectively hereby made liable to pay the fame, and may be recovered by a fummary Application to the Court of Exchequer, against any fuch Party, in like manner as any unpaid Stamp Duty may be recovered under the Provifions of any Act of Parliament made or to be made in that behalf. CIV. Provided always, and be it further enacted, That if any or either of the Parties hereby made liable to the Payment of fuch Penalty and Quintuple Duty as aforefaid, fhall give Information to the Commiffioners of Stamps, whereby fuch Penalty or Quintuple Duty, or any Part thereof, fhall be recovered from any other Party or Parties liable respectively thereto, the Party or Parties giving the Information fhall not only be indemnified and discharged of and from fuch his, her or their Liability, but also be rewarded by the Commiffioners of Stamps out of the Penalty or Quintuple Duty fo recovered, to fuch Extent as the faid Commiffioners fhall think proper, but not exceeding One Half of what fhall be fo recovered; and where any other Perfon fhall give Information whereby fuch Penalty or Quintuple Duty fhall be recovered, he or fhe fhall be rewarded in the like manner. CV. And be it further enacted, That where the full Purchase or Confideration Money fhall not be truly expreffed or set forth in the manner hereby directed, it fhall be lawful for the Purchaser or Purchasers, or any of them, or his, her or their Executors or Adminiftrators, to recover back from the Seller or Sellers, his, her or their Executors or Administrators, fo much and fuch Part of fuch Purchase or Confideration Money as shall not be expreffed and fet forth as aforefaid, or the whole thereof, if no Part of the fame fhall be fo expreffed and fet forth, either in an Action for Money had had and received for the Ufe of the Party or Parties fuing for the fame, or by Action of Debt, Bill, Plaint or Information in any of His Majefty's Superior Courts of Record in Dublin, wherein no Effoiga, Protection, Wager of Law, nor more than One Imparlance fhall be allowed, together with Double the Cofts of Suit; but fuch Purchase or Conveyance shall not therefore be affected or impeached for any Want or Inadequacy of Confideration, but the fame fhall be of the fame Force, Validity and Effect as if the Sum fo recovered had been expreffed in the Deed or other Conveyance as the Confideration or Part of the Confideration thereof, and had been duly paid and retained accordingly. than the full CVI. And be it further enacted, That if any Attorney, Solicitor Attornies, &c. or other Person who fhall be employed in or about the preparing of knowingly inany fuch Deed, Bond or other Inftrument, in or upon which the full ferting any other Purchase or Confideration Money is hereby required to be truly Confideration: expressed and set forth as aforefaid, or who shall be employed for any of the Parties thereto in any wife about or relating to the Tranfaction therein mentioned, fhall knowingly and wilfully infert or fet forth, or cause to be inferted or fet forth, in or upon any fuch Deed, Bond or other Inftrument, any other than the full and true Purchase or Confideration Money directly or indirectly paid or fecured, or agreed to be paid for the fame, or fhall in anywife aid or affift in the doing thereof refpectively, every fuch Attorney, Solicitor or other Perfon fo offending fhall for every such Offence forfeit the Sum of Five Hundred Pounds. Penalty. Provifo where Duty paid is not wife would have been payable. lefs than other Triplicates of Inftruments how charged. CVII. Provided always, and be it further enacted, That no Party, Attorney, Solicitor or other Person whofoever fhall be liable to any Penalty or Forfeiture whatsoever by reason of the full Purchafe or Confideration Money not being truly expreffed and fet forth in or upon any fuch Deed, Bond or other Inftrument as aforefaid, unless the Duty or Duties actually paid for the same shall be lefs than would have been payable for the fame, in cafe the full Purchafe or Confideration Money had been truly expreffed and set forth according to the Directions of this A&t. CVIII. And be it further enacted, That where there fhall be Du- Duplicates and plicates or Triplicates, or more than One Part made of any Inftrument which fhall be then by Law charged with any ad valorem Duty, and of which One Part only fhall be by Law chargeable with any ad valorem Duty, One of fuch Duplicates, Triplicates or Parts shall be charged with the faid ad valorem Duty, and the other or others of them fhall be exempted therefrom, but shall nevertheless be charged with the ordinary Duty on Deeds and Conveyances in general, and the faid Commiffioners of Stamps, upon all the Parts of fuch Inftruments being produced to them duly ftamped as hereby required, fhall cause the Duplicates, Triplicates or all other Parts thereof refpectively, except that on which the ad valorem Duty fhall be ftamped, to be alfo ftamped with fome particular Stamp for denoting or teftifying the Payment of the faid ad valorem Duty, and thereupon, but not before or otherwife, fuch Duplicate or Triplicate or other Part fhall or may be received as Evidence in any Court of Justice. fentments of CIX. And be it further enacted, That no Affidavit made for the No Affidavits for Purpofe of grounding thereon any Prefentment of any Grand Jury grounding Prefor raifing Money for Repair of Roads, or for any other Public Pur- Grand Jury, &c. pofe, to be delivered unless duly stamped. Collations, Pre fentations, &c. to be filed in Registry of Dio cefe and Certificate obtained that Inftruments have been duly ftamped, if pofe, fhall be lodged with or received by the Secretary of any Grand Jury, nor fhall be entered in any Schedule delivered to any Grand Jury, nor fhall any fuch Affidavit be delivered by him to or laid by him before any Grand Jury, unless such Affidavit fhall be written on Paper stamped with the Stamp which shall be then by Law required for the fame, nor shall any Affidavit for accounting for any Money prefented by any Grand Jury, be laid before any Grand Jury by the Secretary, or be read in Court, or authorize the Court to discharge any Quere, unless it fhall be written on Paper duly stamped. CX. And be it further enacted, That no Collation, Presentation or Donation, to, of or for any Benefice or Spiritual or Ecclefiaftical Promotion in Ireland, fhall be good, valid or effectual, unless the fame fhall be in Writing under Hand and Seal, and fhall be duly ftamped, if a Stamp fhall be neceffary thereon; and that every such Writing, as alfo all and every Presentation or Donation under the Great Seal of Ireland, fhall be depofited with the Regiftrar of the Diocefe, who fhall forthwith cause the same to be filed in the Regiftry of the Diocese, and fhall give to the Perfon fo depofiting the fame a Certificate that the fame has been fo depofited, and fuch Certificate fhall further ftate either that fuch Inftrument is duly itamped, or that the fame is not by Law fubject to any Stamp, and fhall alfo ftate the Date of fuch Inftrument, and the Day of the Month and Year when fuch Inftrument was fo depofited or filed, and no Person shall be inducted into any Benefice or Promotion in Ireland, who fhall not, previous to and at the time and Place of such Induction made Induction, produce fuch Certificate to the Perfon or Perfons autho Stamps are required, &c. to the contrary void. Penalty. Registrars entitled to Fee for rized to make such Induction, and if any Induction shall be made contrary to this Provifion the fame fhall be wholly void and of no Effect, and every Perfon making the fame fhall forfeit and pay the Sum of Fifty Pounds Sterling. CXI. And be it further enacted, That every such Registrar shall, for fo receiving and filing fuch Inftrument, and granting such Certifuch Certificates, ficate thereof, be entitled to receive a Fee of Two Shillings and Sixpence and no more, and a Fee of One Shilling and Sixpence for any new Certificate of the fame matter that may be afterwards Registrar offend required; and if any fuch Registrar fhall refuse, neglect or omit to ing. receive and file fuch Inftrument, or to grant any fuch new Certificate, on reasonable Demand thereof, or fhall certify therein any thing which fhall not be true, (of the Truth whereof the Proof fhall lie on him,) he shall for every fuch Offence forfeit the Sum of One hundred Pounds Sterling. Penalty. Beneficed Per fons to produce and prove fuch Certificates. CXII. And be it further enacted, That every Person who, from and after the Commencement of this Act, or of any Act requiring the filing of fuch Inftrument in Ireland, fhall have received or fhall receive any Benefice or Spiritual or Ecclefiaftical Promotion in Ireland, fhall be bound to produce and prove, and fhall produce and prove fuch Certificate as aforefaid, as Part of his Title to fuch Benefice or Promotion, upon any Trial or Hearing of any Action, Suit or Proceeding for the Recovery of any Tithe or Glebe or other Purpose whatever, before any Court of Law or Equity, or any Ecclefiaftical Court, or any fummary Jurifdiction whatever, wherein it shall be neceffary for him to produce or prove fuch his Title, and that without the Production and Proof of fuch Certificate, fuch Court or Jurifdiction fhall deem fuch Title to be imperfec |