Stamps Act 1697

XI. Commissioners required upon Demand to stamp Vellum, &c. paying the Duties.

The Stamp to be a Discharge for Payment; Ingrossing Vellum, &c. before stamped; or marked with a lower Duty; Penalty £ 10. Officer in any Public Office guilty of Fraud in the above Matters; Forfeiture of Office and Penalty; Attorney offending disabled; Other Persons offending; Penalty £10; No such Record Deed, &c. good in Law, until Duty and Penalty paid; and Deed stamped, &c; Counterfeiting Stamp, &c; Death.

And it is hereby further enacted That the Chiefe Co[m]missioners for the said Dutyes upon Velum Parchment and Paper by themselves or by their Officers imployed under them shall and they are hereby impowred and required forthwith upon Demand to them made by any Person or Persons from time to to time to stamp or mark as this Act directs any Quantities or Parcells of Velum Parchment or Paper he or they paying to such Officer or Officers as shall be appointed in that Behalf the respective Duties payable to His Majesty His Heires or Successors for the same without any other Fee or Reward and without Delay which Stamp or Mark shall be a sufficient Discharge for the several and respective Duties by this Act payable for the said Velum Parchment or Paper which shall be so stamped or marked. And if any Person or Persons shall ingrosse or write or cause to be ingrossed or written upon any Velum Parchment or Paper any of the Matters or Things for which the said Velum Parchment or Paper ought to have a double or single Stamp or Mark as aforesaid before such Time as the said Velum Parchment or Paper shall be marked or stamped with such double or single Mark or Stamp (as the Case requires) or upon which there shall not be some double or single Marks or Stamps (as the Case shall require) resembling the same or shall ingross or write or cause to be ingrossed or written any Matter or Thing upon any Velum Parchment or Paper that shall be marked or stamped for any lower Duty or Duties than the Duty or Duties by this and the said former Acts or either of them payable for what shall be so ingrossed or written such Person so offending shall for every such Offence forfeit the Sum of Ten Pounds (besides Costs of Suit) One Moiety of which Penalty of Ten Pounds shall be to the King and the other Moiety thereof to him or them that will inform or sue for the same in any Court of Record by Action of Debt or of the Case Bill Plaint or Information wherein no Essoign Protection Wager of Law or more than One Imparlance shall be allowed And in case any Clerk Officer or Person who in respect of any publick Office or Imployment is or shall be intituled or intrusted to make ingross or write any Records Deeds Instruments or Writeings charged to pay a Duty or Duties as aforesaid shall be guilty of any Fraud or Practice to deceive His Majesty His Heires or Successors of any Duty by this or any of the said former Acts payable by makeing ingrossing or writeing any such Record Deed Instrument or Writeing or causeing the same to be made ingrossed or written upon Velum Parchment or Paper not marked or stamped according to this Act or upon which there shall not be some Stamp or Stamps resembling the same or upon Velum Parchment or Paper marked or stamped with any Mark or Stamp which he shall know to be counterfeited or by ingrossing or writeing any such Deed Instrument or other Writeing upon Velum Parchment or Paper that shall be marked or stamped for a lower Duty as aforesaid that then every such Clerk Officer or Person so guilty of any such Fraud or Practice and being thereof lawfully convicted shall (over and above the Penalty aforesaid) forfeit his Office Place or Imployment respectively and be disabled to hold or injoy the same for the future and if any Attorney belonging to any Court whatsoever shall be guilty [X1 of any such ] Fraud or Practice as aforesaid and be convicted thereof he shall be disabled for the future to practice as an Attorney And if any Deed Instrument or Writing whatsoever by this Act intended to be stamped as aforesaid shall contrary to the true Intent and Meaning thereof be written or ingrossed by any Person or Persons whatsoever not being a known Clerk or Officer who in respect of any publick Office or Imployment is or shall be intituled to the makeing writeing or ingrossing the same upon Velum Parchment or Paper not marked or stamped or not doubly stamped (as the Case may require) according to this Act or upon Velum Parchment or Paper marked or stamped for a lower Duty as aforesaid that then and in every such Case there shall be due answered & paid to His Majesty His Heires or Successors (over and above the Duty aforesaid) for every such Deed Instrument or Writing the Sum of Ten Pounds and that no such Record Deed Instrument or Writing shall be pleaded or given in Evidence in any Court or admitted in any Court to be good useful or available in Law or Equity until aswell the said Duty as the said Sum of Ten Pounds shall be first paid to the Use of His Majesty His Heires or Successors and a Receipt produced for the same under the Hand or Hands of some of the Officers which shall be appointed to receive the Duties above mentioned and until the Velum Parchment or Paper on which such Deed Instrument or Writing shall be written or made shall be marked or stamped with a lawfull Mark or Stamp or with double Marks or Stamps according to this Act and the proper Officer and Officers are hereby injoyned and required upon Payment or Tender of the said Duty and the Sum of Ten Pounds unto him or them to give a Receipt for the same and to mark or stamp or double mark or stamp the said Velum Parchment or Paper with the Mark or Stamp that shall be proper for such Deed Instrument or Writing respectively And if any Person or Persons whatsoever shall at any Time or Times hereafter counterfeit or forge any Stamp or Mark to resemble any Stamp or Mark which shall be provided made or used in pursuance of this Act or shall counterfeit or resemble the Impression of the same upon any Velum Parchment or Paper thereby to defraud His Majesty His Heires or Successors of any the said Duties upon Velum [X1 Parchment] or Paper or shall utter vend or sell any Velum Parchment or Paper with such counterfeit Mark or Marks thereupon knowing such Mark or Marks to be counterfeit then every such Person so offending being thereof convicted in due Form of Law shall be adjudged a Felon and shall suffer Death as in Cases of Felony without the Benefit of Clergy.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: stamp O. [O. refers to a collection in the library of Trinity College, Cambridge]