Probate and Legacy Duties Act 1808/Schedule 2

SCHEDULE;—PART THE SECOND:

Containing the Duties on LAW PROCEEDINGS.

Which Duties are to be paid and payable for and in respect of every Skin, Sheet, or Piece of Vellum, Parchment, or Paper upon which the several Instruments, Matters, and Things herein charged shall be respectively written or printed, except where the Duties are imposed according to the Number of Words therein contained, or are expressly charged in any other Manner.

And all the Instruments, Matters, and Things herein charged with a Duty in respect of every Skin, Sheet, or Piece of Vellum, Parchment, or Paper upon which the same shall be written or printed, shall respectively be written or printed upon Vellum, Parchment, or Paper, and in such and the same Manner and Form as the like Instruments, Matters, or Things have been heretofore accustomed to be, or are now usually written or printed.

And where a Court of Law or Equity is mentioned generally, the same shall be taken to mean, not only the Courts at Westminster, but also the several Courts of Law or Equity of the Great Sessions in Wales, and in the Counties Palatine of Chester, Lancaster, and Durham, or elsewhere in England.


Duty.
    £ s. d.

I.PROCEEDINGS in the High Courtof Admiralty; and in the Courts of the Cinque Ports, exercising Admiralty Jurisdiction; the High Court of Appeals in Prize Causes ; and the High Court of Delegates, in Admiralty Matters, in England.

 

AFFIDAVIT to be filed, read, or used in any of the said Courts

  0 5 0

ALLEGATION in any of the said Courts

  0 5 0

ANSWER in any of the said Courts

  0 5 0

APPEAL from any definitive Sentence or final Decree, or from any interlocutory Decree or Order, of any of the said Courts

  15 0 0

ATTACHMENT issuing out of any of the said Courts

  1 10 0

BAIL BOND, or Recognizance, taken in any of the said Courts, or by Commission from the same

  1 0 0

CITATION issuing out of any of the said Courts

  1 0 0

COMMISSION issuing out of any of the said Courts

  0 5 0

COPY (i.e. Office Copy) of any Affidavit filed, read, or used in any of the said Courts

  0 5 0

COPY (i. e. Office Copy) of any Citation, Monition, or Warrant issued out of any of the said Courts

  0 5 0

COPY (i. e. Office Copy) of any Libel, Allegation, Answer, Interrogatories, Depositions, or Inventory filed or exhibited in any of the said Courts

  0 5 0

COPY (i. e. Office Copy) of any interlocutory Decree or Order, or of any definitive Sentence or final Decree, made in any of the said Courts

  0 5 0

DECREE, or Order Interlocutory, made in any of the said Courts

  1 0 0

DEPOSITIONS taken in any of the said Courts, or by Commission from the same

  0 5 0

EXEMPLIFICATION, under the Seal of any of the said Courts, of any Record or Proceeding therein

  3 0 0

INHIBITION issuing out of any of the said Courts

  1 0 0

INTERROGATORIES filed or exhibited in any of the said Courts

  1 0 0

INVENTORY filed or exhibited in any of the said Courts

  0 5 0

LIBEL filed or exhibited in any of the said courts

  0 5 0

MONITION issuing out of any of the said Courts

  1 0 0

RECOGNIZANCE.—See Bail Bond.

 

RELAXATION of any Attachment or Inhibition issued out of any of the said Courts

  1 10 0

SENTENCE definitive,or final Decree, of any of the said Courts

  1 10 0

WARRANT issuing out of any of the said Courts

  0 15 0

WARRANT, Mandate, or Authority given to any Proctor to commence, carry on, or defend any Action, Suit, or Prosecution in any of the said Courts, for the Memorandum or Minute thereof to be entered or filed, of Record

  0 5 0

 

II. PROCEEDINGS in the Ecclesiastical Courts, and in the High Court of Delegates, in Ecclesiastical Matters, in England.

 

AFFIDAVIT to be filed, read, or used in any of the said Courts

  0 5 0

ALLEGATION in any of the said courts

  0 5 0

ANSWER in any of the said Courts

  0 5 0

APPEAL from any definitive Sentence or final Decree, or from any interlocutory Decree or Order, of the Court of Arches, or the Prerogative Court of Canterbury or York

  15 0 0

CITATION issuing out of any of the said Courts

  0 5 0

COMMISSION issuing out of any of the said courts

  0 5 0

COPY (i.e. Office Copy) of any Affidavit filed, read, or used in any of the said Courts

  0 5 0

COPY (i.e. Office Copy) of any Citation or Monition issued out of any of the said Courts

  0 5 0

COPY (i.e. Office Copy) of any Libel, Allegation, Answer, Interrogatories, Depositions, or Inventory, filed or exhibited in any of the said courts

  0 5 0

COPY (i.e. Office Copy) of any interlocutory Decree or Order, or of any definitive Sentence or final Decree, of any of the said Courts

  0 5 0

DECREE, final, or definitive Sentence, in any of the said Courts

  0 5 0

DEPOSITIONS taken in any of the said Courts, or by Commission from the same

  0 5 0

EXEMPLIFICATION, under the Seal of any of the said Courts, of any Record or Proceeding therein

  3 0 0

INHIBITION issuing out of any of the said Courts

  0 5 0

INTERROGATORIES filed or exhibited in any of the said Courts

  0 5 0

INVENTORY filed or exhibited in any of the said Courts

  0 5 0

LIBEL filed or exhibited in any of the said Courts

  0 5 0

MONITION issuing out of any of the said Courts

  0 5 0

SENTENCE, definitive, or final Decree, of any of the said Courts

  0 5 0

WARRANT, Mandate, or Authority given to any Proctor to commence, carry on, or defend any Suit or Prosecution in any of the said Courts, for the Memorandum or Minute thereof to be entered or filed, of Record

  0 5 0

 

III. PROCEEDINGS in the Courts of Law and Equity at Westminster, including the Court of the Duchy of Lancaster, and in other Courts in England, and the Officers belonging thereto, and also before the Lord High Chancellor, or the Lord Keeper or Commissioners for the Custody of the Great Seal, in Matters of Bankruptcy and Lunacy.

 

</noinclude>England, holding Pleas, where the Debt or Damage amounts to Forty Shillings or above, and out of which no Writs, Process, or Mandates issue in the first instance;—for the Entry of every Action or Plaint, except where the Debt or Damage claimed or demanded shall not amount to Forty Shillings

  0 2 6

AFFIDAVIT, to be filed, read, or used in any of the Courts of Law or Equity at Westminster, or of the Great Sessions in Wales, or of the Counties Palatine of Chester, Lancaster, and Durham, or before any Judge or Master, or other Officer of any of the said Courts, or before the Lord High Chancellor, or the Lord Keeper or Commissioners of the Great Seal, sitting in Matters of Bankruptcy or Lunacy

  0 2 6

AFFIDAVIT, to be filed, read, or used in any other Court of Law or Equity in England, except in Actions or Suits, where the Debt or Damage, or Thing claimed or demanded, shall be under the Amount or Value of Forty Shillings

  0 1 6

ANSWER in any Court of Equity

  0 5 0

APPEARANCE filed or entered in any Action at Law, wherein no Bail shall be filed or put in

  0 2 6

ASSIGNMENT of a Bail Bond

  0 2 6

BAIL Common, to be filed in any Court of Law

  0 2 6

BAIL Special, to be filed in any Court of Law

  0 2 6

BAIL BOND in any Action, in any Court of Law

  0 2 6

BANKRUPT'S Certificate;—the Confirmation thereof, by the Lord Chancellor, or by the Lord Keeper or Commissioners for the Custody of the Great Seal

  0 2 6

BILL filed in any Court of Equity

  0 5 0

CERTIFICATE by any Master of the High Court of Chancery, or by His Majesty's Remembrancer of the Court of Exchequer, or his Deputy, of any Default of any Person in any Suit or Proceeding before them

  0 5 0

COMMISSION to take Affidavits, or Special Bail, out of any Court of Law or Equity

  0 10 0

COMMISSION of Bankrupt

  0 5 0

COMMISSION of Lunacy

  0 5 0

COMMISSION out of any Court of Law or Equity, for the Examination of Witnesses, or taking Depositions

  0 5 0

COMMISSION of any other Kind, out of any Court of Law or Equity

  0 5 0

COPY (i. e. Office Copy) of any Affidavit filed, read, or used in any of the Courts of Law or Equity at Westminster, or of the Great Sessions in Wales, or of the said Counties Palatine, or before any Judge or Master or other Officer of any of the said Courts, or before the Lord High Chancellor, or the Lord Keeper or Commissioners of the Great Seal, sitting in Matters of Bankruptcy or Lunacy

  0 2 6

COPY (i. e. Office Copy) of any Affidavit filed, read, or used in any other Court of Law or Equity, except in Actions or Suits where the Debt or Damage or Thing claimed and demanded shall be under the Amount or Value of Forty Shillings

  ) 0 1

COPY (i. e. Office Copy) of any Bill, Answer, Demurrer, Exceptions, Plea, Replication, Rejoinder, or other Pleading, or of any Interrogatories or Depositions, taken by Commission or otherwise, in any Court of Equity;

 

Where any such Copy shall be written wide, according to the Usage and Practice of the Court, and not contain more than 90 Words in a Sheet, one with another, then for every Sheet or Piece of Paper on which the same shall be written

  0 0 4

And where any such Copy shall be written close Copy-wise, according to the Usage and Practice of the Court, or in any other Manner than above mentioned, then for every Sheet or Piece of Paper on which the same shall be written

  0 2 6

COPY of any Declaration, Plea, Replication, Rejoinder, Demurrer, or other Pleading whatsoever, in any Court of Law

  0 0 4

COPY (i. e. Office Copy) of Interrogatories, and the Depositions or Answers thereto, in any Court of Law, containing not more than 72 Words in a Sheet, one Sheet with another

  0 0 4

COPY (i. e. Office Copy) of any Rule or Order, made or given in or by any Court of Law at Westminster, or by any Judge of any such Court

  0 2 6

COPY (i. e. Office Copy) of any Decree, Dismission, or Order, made in or by the High Court of Chancery at Westminster, or by the Lord High Chancellor, or the Lord Keeper or Commissioners of the Great Seal, sitting in Matters of Bankruptcy or Lunacy

  0 3 0

And for every Sheet or Piece of Paper, on which any such Copy shall be written, after the first, a further progressive Duty of

  0 1 6

COPY (i. e. Office Copy) of any Decree, Dismission, or Order, made in or by the Court of Exchequer, or the Court of the Duchy of Lancaster, at Westminster or in or by any of the Courts of the Great Sessions in Wales, or of the said Counties Palatine

  0 2 6

COPY (i. e. Office Copy) or Extract of any Record, Report, or Proceeding whatsoever, in any Court of Law or Equity at Westminster, not otherwise charged in this Schedule

  0 2 0

DECLARATION in any Court of Law

  0 0 4

DECREE or Dismission made in or by the High Court of Chancery at Westminster

  0 3 0

And for every Sheet or Piece of Paper, on which the same shall be written, after the first, a further progressive Duty of

  0 1 6

DECREE or Dismission, made in or by the Court of Exchequer or the Court of the Duchy of Lancaster at Westminster, or in or by any of the Courts of the Great Sessions in Wales, or of the said Counties Palatine, or in or by any other Court of Equity whatsoever

  0 2 6

DEMURRER in any Court of Law

  0 0 1

DEMURRER in any Court of Equity

  0 5 0

DEPOSITIONS taken by virtue of a Commission out of any Court of Equity (except the Paper Drafts thereof before the same are engrossed)

  0 5 0

DEPOSITIONS in any Court of Equity, taken by the Examiner, or other proper Officer, and not by Commission

  0 0 4

DEPOSITIONS or Answers to any Interrogatories in any Court of Law

  0 0 4

EXCEPTIONS filed in any Court of Equity, or in any Matter of Bankruptcy or Lunacy

  0 5 0

EXEMPLIFICATION under the Seal of any Court of Law or Equity whatever, of any Record or Proceeding therein (except Exemplifications under the Great Seal charged in the First Part of this Schedule)

  3 0 0

GRANT of the Custody of the Person or Estate of any Lunatic

  2 0 0

INDENTURES or Chirograph of a Fine levied in any Court, for each Part or Indenture

  0 10 0

INQUISITION taken by or before any Sheriff or his Deputy, or by or before any Coroner, in any Action at Law

  0 10 0

INTERROGATORIES in any Court of Law

  0 5 0

INTERROGATORIES in any Court of Equity, or in any Matter of Bankruptcy or Lunacy

  0 5 0

JUDGMENT (not Interlocutory) signed by the Master of any Office, or his Deputy or Secondary, or by any Prothonotary, or his Secondary, Deputy, or Clerk, or by any ether Officer belonging to any of the Courts at Westminster, who is or shall be authorized to sign Judgments

  0 10 0

ORDER made in or by the High Court of Chancery at Westminster, or by the Lord High Chancellor, or the Lord Keeper or Commissioners of the Great Seal, sitting in Matters of Bankruptcy or Lunacy

  0 3 0

And for every Sheet or Piece of Paper on which the same shall be written, after the first, a further progressive Duty of

  0 1 6

ORDER made or given in or by the Court of Exchequer, or the Court of the Duchy of Lancaster, at Westminster, or in or by any of the Courts of the Great Sessions in Wales, or of the said Counties Palatine

  0 2 6

ORDER made or given by any Judge of any of the Courts of Law at Westminster

  0 2 6

Except such as shall be made on the Application of any Prisoner or Insolvent Debtor; and except all Orders for the Delivery of the Particulars of a Plaintiff's Demand, or for staying Proceedings on Payment of Debt and Costs; and all Orders for Time to plead, reply, or rejoin, after the first Order for that Purpose.

 

PETITION in any Suit or Matter in any of the Courts of Equity at Westminster; and Petition to the Lord High Chancellor, or the Lord Keeper or Commissioners of the Great Seal, in any Matter of Bankruptcy or Lunacy

  0 2 6

PLEA in any Court of Law

  0 0 4

PLEA in any Court of Equity

  0 5 0

PLEADING of any Kind, in any Court of Law, not otherwise charged in this Schedule

  0 0 4

PLEADING of any Kind, in any Court of Equity, not otherwise charged in this schedule

  0 5 0

POSTEA

  0 10 0

RECORD of Nisi Prius

  0 10 0

REJOINDER in any Court of Law

  0 0 4

REJOINDER in any Court of Equity

  0 5 0

REPLICATION in any Court of Law

  0 0 4

REPLICATION in any Court of Equity

  0 5 0

REPORT made by any Master of the High Court of Chancery, or by His Majesty's Remembrancer in the Court of Exchequer, or his Deputy

  0 2 6

RULE or Order, made or given in or by any of the Courts of Law at Westminster, which shall be issued or delivered out, by the Clerk of the Rules or other Officer, to the Party obtaining it

  0 2 6

And for the Entry of every such Rule or Order in the Book kept by the Clerk of the Rules or other Officer for that Purpose, whether written on One or more Sheets or Leaves

  0 2 6

RULES to plead and reply, and all other Rules, of any of the said Courts of Law at Westminster, not issued as above mentioned, but which shall be entered in the Books kept by the Clerk of the Rules or other Officer for that Purpose, for the Entry of every such Rule

  0 2 6

SUMMONS issued by any Judge of any of the Courts of Law at Westminster

  0 1 0

Except such as shall be issued on the Application of any Prisoner or Insolvent Debtor, and except all Summonses for the Delivery of the Particulars of a Plaintiff's Demand, or for staying Proceedings on Payment of Debt and Costs; and all Summonses for Time to plead, reply, or rejoin, after the first Summons for that Purpose.

 

WARRANT, Mandate, or Authority given to any Attorney or Solicitor to commence, carry on, or defend any Action, Suit, or Prosecution, in any of the Courts at Westminster, or of the Great Sessions in Wales, or of the said Counties Palatine, or in any other Court whatsoever holding Pleas, where the Debt or Damage amounts to Forty Shillings, for the Memorandum or Minute thereof to be entered or filed of Record

  0 5 0

WARRANT or Summons issued by any Master of the High Court of Chancery, or by His Majesty's Remembrancer of the Court of Exchequer or his Deputy

  0 1 0

WARRANT of Attorney

  1 0 0

WRIT of Appeal

  1 0 0

WRIT of Certiorari

  1 0 0

WRIT of Covenant for levying a Fine

  2 0 0

WRIT of Entry for suffering a Common Recovery

  2 0 0

WRIT of Error

  1 0 0

WRIT of Supersedeas of a Commission of Bankrupt

  0 2 6

WRIT, Mandate, or other Process whatsoever, not otherwise charged in this Schedule, which shall issue out of or pass the Seal of any of the Courts at Westminster, or of the Great Sessions in Wales, or of the said Counties Palatine, or of any other Court in England holding Pleas, where the Debt or Damage amounts to Forty Shillings, except in Actions or Suits where the Debt, Damage, or Thing claimed or demanded shall be under the Amount or Value of Forty Shillings

  0 5 0

 

IV. PROCEEDINGS in the Courts in Scotland.

 

AFFIDAVIT to be filed, read, or used in the Court of Exchequer

  0 2 0

DEPOSITION taken in the said Court, or by Commission from the same

  0 2 0
DEPOSITION or Depositions, taken by Commission or otherwise, in any Cause or Suit before the Court of Session, or the Commission of Teinds, or the Commissary Court at Edinburgh, or in any Civil Cause before any Inferior Court   0 2 0

Exemptions from the preceding and all other Stamp Duties.

 

Depositions taken in any Cause or Suit before any of the said Courts, which shall be insisted in, at the Instance of the public Prosecutor, for the public Interest, or where the public Revenue is concerned.

 

Depositions taken in any Cause or Suit before any Inferior Court, where the Sum or Subject concluded for shall be under the Value of 5l. Sterling, exclusive of Costs.

 
SUMMONS, Warrant, Precept, Summary Petition, Complaint, or other original Application, in whatever Form, issuing from or out of or presented to the Court of Session, or Commission of Teinds, or the Court of Exchequer, or High Court of Admiralty, except where the Suit shall be instituted by or at the Instance of the public Prosecutor, for the public Interest, or where the public Revenue is concerned   0 4 0

SUMMONS, Warrant, Precept, Edict, Summary Petition, Complaint, or other original Application, in whatever Form, issuing from or out of or presented to any Court in Scotland (other than the said Courts of Session, Commission of Teinds, Exchequer, and High Court of Admiralty, and the Court of Justiciary), where the Matter in dispute shall exceed the Amount or Value of Five Pounds (except as in the last Article)

  0 2 0

WARRANT, Mandate, or Authority given to any Solicitor, Attorney, Agent, or Procurator, to commence, carry on, or defend any Action, Suit, or Prosecution in any Court in Scotland, for the Memorandum or Minute thereof to be entered or filed of Record

  0 5 0

 

V. GENERAL EXEMPTIONS from all Stamp Duties, applicable to England as well as Scotland.

 

Warrants, Mandates, or Authorities to commence, carry on, or defend any Actions, Suits, or Prosecutions in any Court whatever, where the Debt, Damage, or Thing claimed or demanded shall not amount to or be of the Value of Forty Shillings.

 

Warrants, Mandates, or Authorities to commence, carry on, or defend any Prosecutions or Proceedings upon Indictments, or upon any Information, Suit, Writ, or Process, in the Name of His Majesty, His Heirs or Successors, or at the Instance of the Attorney General, Lord Advocate of Scotland, or other or sue in the Name or Officer legally authorized to prosecute for the Interest of His Majesty, His Heirs or Successors.

 

But these Exemptions are not to extend to Informations in the Nature of Quo Warranto filed by His Majesty's Coroner and Attorney in the Court of King's Bench, nor to informations in Courts of Equity at the Relation of private Persons,nor to Informations where any other Person than His Majesty, His Heirs or Successors, shall be entitled to any Penalty or Forfeiture, or any Share thereof.

 

All Proceedings for or on the Behalf of any Person legally admitted to sue or defend in formá pauperis; and all Proceedings of Courts-martial; and all Orders, Decrees, and Proceedings of or before any Commissioners of Sewers,and of or in the Stannary Courts in England.

 

All Summonses, Attachments, Executions, and other Proceedings in or issuing out of any of the Courts established for the Recovery of Debts not exceeding Five Pounds, commonly called Courts of Request.