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STAMP ACT 1891 - SECT 58

Directions as to duty in certain cases.

58.(1) Where property contracted to be sold for one consideration for the
whole is conveyed to the purchaser in separate parts or parcels by different
instruments, the consideration is to be apportioned in such manner as the
parties think fit, so that a distinct consideration for each separate part or
parcel is set forth in the conveyance relating thereto, and such conveyance is
to be charged with ad valorem duty in respect of such distinct consideration.

(2) Where property contracted to be purchased for one consideration for the
whole by two or more persons jointly, or by any person for himself and others,
or wholly for others, is conveyed in parts or parcels by separate instruments
to the persons by or for whom the same was purchased for distinct parts of the
consideration, the conveyance of each separate part or parcel is to be charged
with ad valorem duty in respect of the distinct part of the consideration
therein specified.

(3) Where there are several instruments of conveyance for completing the
purchaser's title to property sold, the principal instrument of conveyance
only is to be charged with ad valorem duty, and the other instruments are to
be respectively charged with such other duty as they may be liable to, but the
last-mentioned duty shall not exceed the ad valorem duty payable in respect of
the principal instrument.

(4) Where a person having contracted for the purchase of any property, but not
having obtained a conveyance thereof, contracts to sell the same to any other
person, and the property is in consequence conveyed immediately to the
sub-purchaser, the conveyance is to be charged with ad valorem duty in respect
of the consideration moving from the sub-purchaser.

(5) Where a person having contracted for the purchase of any property but not
having obtained a conveyance contracts to sell the whole, or any part thereof,
to any other person or persons, and the property is in consequence conveyed by
the original seller to different persons in parts or parcels, the conveyance
of each part or parcel is to be charged with ad valorem duty in respect only
of the consideration moving from the sub-purchaser thereof, without regard to
the amount or value of the original consideration.

(6) Where a sub-purchaser takes an actual conveyance of the interest of the
person immediately selling to him, which is chargeable with ad valorem duty in
respect of the consideration moving from him, and is duly stamped accordingly,
any conveyance to be afterwards made to him of the same property by the
original seller shall be chargeable only with such other duty as it may be
liable to, but the last-mentioned duty shall not exceed the ad valorem duty.

© 1891 Crown Copyright

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