Page:Probate and Legacy Duties Act 1808 (ukpga 18080149 en).pdf/16

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1472
48° GEORGII III. Cap.149.

Copies of Court Roll within Four Months.

the Steward of the Manor or Honour whereof such Lands or Hereditaments shall be Parcel or be holden shall make out a Copy of Court Roll of every such Surrender, Admittance, voluntary Grant, and Licence to demise, on Vellum, Parchment, or Paper, duly stamped according to the Directions of this Act, within Four Calendar Months next after the Surrender, Admittance, voluntary Grant, or Licence shall be made or granted, and shall deliver the same to the Party or Parties entitled thereto, or any other Person authorized to receive the same, whenever the same shall be called for, after the Expiration of such Four Calendar Months; and if the same shall not be called for then the Steward shall deliver the same to the Bailiff of the Manor or Honour, or to the Crier of the Court, or to some Copyhold or Customary Tenant of the Manor or Honour, for the Use of the Party or Parties entitled thereto, at the next General Court to be holden for the said Manor or Honour; and if any such Steward shall neglect to make out and deliver such Copy or Copies of Court Roll, in the Manner and within the Time aforesaid, he shall forfeit the Sum of Fifty Pounds for every such Surrender, Admittance, voluntary Grant, and Licence to demise, of which he shall neglect to make out and deliver a Copy of Court Roll in the Manner and within the Time aforesaid ; and the Stamp Duty payable in respect of every such Copy of Court Roll shall be a Debt to His Majesty, His Heirs and Successors, of the Steward so neglecting to make out and deliver the same, whether he shall have received the Duty or not, and if he shall not have received the Duty the same shall also be a Debt to His Majesty, His Heirs and Successors, of the Party or Parties entitled to such Copy of Court Roll ; and the said Steward shallalso be bound to make out and deliver such Copy of Court Roll to the Party or Parties entitled thereto, whenever afterwards the same shall be demanded, without being paid any Fees for the same, and if any Fees shall have been previously paid to him for the same such Fees shall be deemed to have been paid without Consideration, and the Party or Parties who paid such Fees, his, her, or their Executors or Administrators, shall be entitled to recover back the same in an Action for Money had and received to his, her, or their Use, with full Costs of Suit.

Stewards of Manors may insist on payment of their Fees and the Stamp Duty before they accept Surrenders or grant Admittances, &c.XXXIV. And be it further enacted, That it shall be lawful for the Steward of any Manor or Honour, previously to the Acceptance of any Surrender, or the granting or making of any Admittance, voluntary Grant, or Licence to demise, in Court, from and after the Tenth Day of October One thousand eight hundred and eight, to demand and insist before they on the Payment of his lawful Fees for the same, and for the Copy of Court Roll to be made out thereof, together with the Stamp Duty payable on such Copy of Court Roll ; and in case of Nonpayment of such Fees and Stamp Duty it shall be lawful for the Lord or Lady or Steward of the Manor to refuse to accept the Surrender, or to grant the Admittance or Licence, or to make the voluntary Grant, which shall be proposed or have been contracted for, until such Fees and Stamp Duties shall be paid.

Probates of Wills and Letters of Administration valid as to Trust Property, through the Value thereof be not covered by the Stamp Duty.XXXV. And be it further enacted, That from and after the passing of this Act the Probate of the Will of any Person deceased, or the Letters of Administration of the Effects of any Person deceased, heretofore granted or to be hereafter granted, either before or upon or after the Tenth Day of October
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