Page images
PDF
EPUB

Award.

Bail-pieces.

abode of the person with whom such contract was entered into,
the time of the execution, and of the enrolling; and in case he
shall have been previously admitted in same other court, he
shall also specify in such affidavit the court in which he has
been admitted, and the time of his admission, and shall cause
the same to be filed in the court in which he proposes to be
admitted; which affidavit shall be produced and openly read in
court before he shall be enrolled.
s. 3.

And in case any person, other than such who shall have been admitted an attorney or solicitor in one of the courts of great sessions, or of the counties palatine, or other court of record where attornies have been accustomedly admitted, by vir tue of a contract made before the said 5th and 10th days of Feb. 1794, shall in his own name, or in the name of any other, sue out any process, or prosecute, or defend any suit, in any of the courts at Westminster, without being admitted and enrol ed an attorney or solicitor in one of the said courts, he shall forfeit 100%. one moiety thereof to the king, and the other with costs, to the informer; which person shall also be incapable to maintain any action for any fees on account of any such proceedings. s. 4.

1 10 0

44 Geo. 3. c. 93. Assignments of such articles or contract, or new arti-" cles or contract for the residue of a term, occasioned by the death of any former master Assignment of bail-bond. See Bail-bond. Attachment out of any of the courts of admiralty or Cinqueports Attested Copy of a probate of any will or letters of administration

[ocr errors]
[ocr errors]

and for every copy sheet of ninety words,
above the first a further duty of

Attorney. See Admission; Articles of Clerkship ; Li-
cences; and Warrant of Attorney.

Attorney, letter of. See Letter of Attorney.
Award, under hand and seal, or under hand only whe
ther inrolled of record in, or made a rule of any court
or not, and not amounting to thirty common law
sheets of seventy-two words each

and for every

[ocr errors]

entire fifteen common
law sheets above the first, a further duty of
Bail special, to be filed in any court of law, whatso-

1 10 0

010

9 10

110 0

10 0

ever

026

[blocks in formation]

Benefice. See Presentation.

Beneficial Warrant. See Sign Manual.

44 Geo. 3. c. 98.

- 0 5 0

Bill, answer, plea, replication, or any other plead-
ing whatsoever, in the courts of Chancery, Exche-
quer, Duchy Court, and County Palatine courts,
or other courts of equity
Bill of Middlesex. See Writs.
Bills of Exchange, and Promissory Notes-There
shall be paid for every promissory note, or other
note for the payment of money to the bearer, on
demand, which may, within three years after the
date thereof, but not at a later period be re-is-
sued, at the place where the same was first issued,
where the same shall not exceed 1/. 1s.

- 0 0.3

where the sum shall exceed one guinea, and not two pounds

where the sum shall exceed two pounds and not five pounds five shillings

where the sum shall exceed five pound five shillings, and not twenty pounds *

0 0 6

0 0 9

- 01 0

Also there shall be paid for every bill of exchange, draft, order, or promissory, or other note for pay. ment of money to the bearer on demand, where the sum shall amount to 40s. and not exceed 51. 5s.t 0 0 8 payable otherwise than to the bearer on demand, and that is to order, or after date, or sight.'

[ocr errors]
[ocr errors]

0 1 0

And there shall also be paid for every bill of exchange, draft, order, or promissory, or other note.

Where the sum shall exceed five pound five shillings, and not thirty pounds

Where the sum shall exceed thirty pounds, and not fifty pounds

Where the sum shall exceed fifty pounds, and not one hundred pounds

Where the sum shall exceed one hundred pounds, and not two hundred pounds

Where the sum shall exceed two hundred pounds, and not five hundred pounds.

Where the sum shall exceed five hundred pounds, and not one thousand pounds

01 6

0 2 0

0 3 Ꮻ

04 0

Bills of ex change or notes.

050

0 7 6

0 10 0

Where the sum shall exceed one thousand pounds
All which duties shall be paid by the person making or
signing such bills, drafts, or notes. 31 Geo. 3, c. 25, s. 2.
But foreign bills drawn in setts, are chargeable as follows:

44 Geo. 3. c. 98.

Where the sum shall not exceed one hundred pounds for each bill in each sett.

0 1 0

No promissory note payable to the bearer on demand shall be reissued if it exceed 20%. upon pain of 201. 44 Geo, 3. c. 98, s. 20, + These are not re-issuable.

Exemptions.

properly

45 Geo. 2. c. 98.

Where the sum shall exceed one hundred pounds and not two hundred pounds,

hundre

Where the sum shall exceed two hundred pounds and not five hundred pounds,

Where the sum shall exceed five hundred pounds and not one thousand pounds,

[ocr errors]

020

[ocr errors]

0 30

040

[ocr errors]

Where the sum shall exceed one thousand pounds, 0 5 0

Draft, or order, for payment of money to bearer, on demand, drawn upon any banker, or person acting as such, and trans. acting the business of a banker within ten miles of the place where such draft shall be drawn and issued are exempted by 31 Geo. 3. c. 25. s. 4. & 44 Geo. 3. c. 98.

Also all notes and bills whatever, issued by the governor and bank of England shall be exempted from all the said stamp du ties on their paying into the exchequer the annual sum of 32.000l. by quarterly payments. 44 Gec. 3. c. 98.

Also no order, bill, remittance bill, or certificate, for the payment of pay, pension, or bounty in the navy, nor any bills of what nature or description soever, drawn pursuant to any former act by the commissioners of the navy, or by the commis sioners for victualling the navy, or by the commissioners for taking care of sick and wounded seaman, or by the commission. ers for managing the transport service, upon the treasurer of the navy, shall be subject to any stamp duty. 85 Geo. 3. c. 94, s. 31. & 44 Geo. 3. c. 98.

And if any bill, note, draft, or order shall be engrossed, Penalty on using paper not written, or printed, on vellum, parchment, or paper, not duly stamped, or im- stamped, or stamped with a stamp of a lower denomination than directed, then there shall be due and paid, the full duty chargeable thereon, which shall be payable by, and charged upon every person who shall draw or make, and utter and nego ciate the same, his executors, administrators, and assigns. 31 Geo. 3. c. 25. s. 6.

stamped.

And every person who shall write or sign, or cause to be written or signed, or who shall accept or pay, or cause to be accepted or paid, any bill of exchange or promisory note, or other note, draft, or order, liable to any of the duties imposed, without the same being first duly stamped, or upon which there shall not be some stamp resembling the same, shall for every offence forfeit 201. s. 10.

And all vellum, parchment, or paper, by this act liable to any stamp duty, shall be stamped before the same be written or printed upon, and shall not be stamped afterwards under any pretence whatsoever. s. 19.

And no bill of exchange, promissory or other note, draft, or order, liable to the duties, shall be given in evidence, or available in law or equity, unless stamped.* s. 19.

* A promissory note written upon a stamp of greatvalue, than the proper stamp, required, cannot be received in evidence, though the

what circum

stances, the

But by 37 Geo. 3, c. 136, the holder of any bill, note, draft, In what cases or order, and liable to any stamp duty, which shall be stamp and under ed with a stamp of a different denomination than is required, if the same shall be of equal or superior value to the stamp re- commissioners quired, may produce the same within the times hereinafter men- may stamp bills tioned at the head office of stamps, or to such officer as the com- and notes havmissioners shall appoint for such purpose; and the commission. ng an improper ers may direct the proper officer,on payment of the duty, and such penalty as is hereinafter mentioned, to stamp such bill, note, draft, or order, with the stamp, and give a receipt for the duty and penalty so paid on the back thereof; and every such bill, note, drait, or order so stamped, shall be of the like force as if the same had been duly stamped. s. 5.

If any such bill, note, draft, or order, shall be produced to the commissioners before it shall be payable, it shall be stamped on payment of the duty, and the penalty of 40s. but in case such bill, note, draft,or order, shall be payable before such production, it shall not be stamped, unless on payment of the duty and 101. penalty. 37 Geo. 3. c. 136, s. 6.

stamp.

One moiety of the penalties inflicted by 37 Geo. 3, c. 25, Recovery of shall, if sued for within three calendar months, be to his penalues. majesty, and the other moiety with full costs, to the person who shall inform, or sue in any court at Westminster, or the Exchequer at Edinburgh; but in default of prosecution within such tim e, no such penalty shall be afterwards recoverable, except in the name of the attorney-general or lord advo. cate, in which case the whole shall belong to the king; save that the commissioners of stamps may cause such reward as they think fit, not exceeding one moiety, to be paid to the informer. 31 Geo. 3. c. 25. s. 24, 28.

But it shall be lawful for any justice residing near where the offence shall be committed, to hear and determine any offence, which subjects the offender to any pecuniary penalty; which justice is upon any information, within three calendar months, to summon the party accused, and witnesses on either side, and to examine into the matter of fact; and upon proof thereof, either by confession, or the oath of one witness, to give judg-' ment for the penalty to be divided, one moiety to his ma'jesty, the other moiety to the informer, and to issue his

stamp be applicable to the same kind of instrument. Farr v. Price, Mic. 41 Geo, 3.1 East's Rep. 55.

But if there were a money consideration moving between the parties for the note, parol evidence may be given of it, so as to enable the plaintiff to recover on the common money counts. Tyle v. James, cited in 1 East's Rep. 55.

A draft on a banker, post dated and delivered before the day of the date, though not intended to be used till that day requires to be stamped. Allen v. Keeves, Ea. 41 Geo. 3. 1 East's Rep. 435.

* For the general form of conviction by the stat. 26 Geo. 3. c. 82, see head Recovery of Penalties.

Bills of lading.

Bonds.

warrant for levying the said penalty on the goods of the offend. er, and to cause sale to be made thereof in case they shall not be redeemed within six days, rendering to the party the overplus (if any); and where goods cannot be found sufficient to answer the penalty, to commit the offender to prison, there to remain for three calendar months, unless such penalty shall be sooner paid. s. 25.

But it shall be lawful for the said justice to mitigate any such penalties, so as such mitigation do not reduce the penalties to less than a moiety, over and above costs. s. 26.

And any person aggrieved by the judgment of such justice, may upon giving security to the amount of the penalty, together with such costs as shall be awarded, in case such judg ment shall be affirmed, appeal to the justices at the next general or quarter sessions which shall happen after fourteen days next after such conviction shall have been made, and of which appeal reasonable notice shall be given, which justices are to summon and examine witnesses upon oath, and finally to hear and determine the same; and in case the judgment shall be affirm. ed, such justices may award the person appealing to pay such costs as to them shall seem meet. 31 Geo. 3. c. 25, s. 25.

And if any person summoned as a witness shall neglect or refuse to appear, without reasonable cause, to be allowed by the justices, or appearing shall refuse to be examined on oath, and give evidence, he shall forfeit 40s. to be levied as the other pe ualties. c. 97.

Bills, or note of lading, for any goods or merchan dize exported.

- 0 3 0

Bonds, bond commonly called a mortgage bond, or bond given as a collateral security for or in respect of any mortgage,

Bond of any kind whatsoever (not otherwise charged or wholly exempted from duty) upon any number of words not amounting to 30 common law sheets, (except assurance corporation, bonds,— bonds from friendly societies to clerks of the peace -administration bond of the widow, children, father,, mother, brother, or sister, of any common seaman, soldier, or mariner, who shall be slain, or die in the service, and administration bond of any person, where the estate shall not exceed twenty pounds,

[ocr errors]

0 15 0

100

and for every entire quantity of 15 com. mon law sheets, above the first a further duty of 0 15 0 Bond given, taken, or entered into, under the authority of any act, in respect to the duties of customs or excise (except bonds given by fish takers or curers, or by the master or owner of any boat, ship, or vessel, employed in the British fisheries, or in the exportation or conveyance of fish, or for salt to be used in preserving fish;) or to prevent the exportation of wool, or for the exportation of tobacco, or coast

« PreviousContinue »