Nationale Bodenreform

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Monograph

Identifikator:: 1689579730

URN:: urn:nbn:de:zbw-retromon-103299

Document type:: Monograph

Author:: Freese, Heinrich http://d-nb.info/gnd/118535153

Title:: Nationale Bodenreform

Edition:: Zweite Auflage

Place of publication:: Berlin

Publisher:: Druck und Verlag von U. Weichert

Year of publication:: [1926]

Scope:: XVI, 472 Seiten

Digitisation:: 2020

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: 8. Eine Reichstagwahl

Collection:: Economics Books

204 APPENDIX OF CASES. and the principle established by the following case is applic able :— In the matter of the Royal Liver Friendly Society L. R., 5 Exch. 78.—Stamps; exemption from duty; friendly society; investment of the funds of a friendly society in securities; 18 cfc 19 Viet. c. 63, s. 37. The Friendly Societies Act (18 <£■ 19 Viet. c. 63, s. 37) does not exempt from stamp duty securities on which the funds of a friendly society are invested. Case stated by the Commissioners of Inland Revenue under 13 & 14 Viet. c. 97, s. 14, on an appeal against their decision as to the liability to stamp duty of a deed, trans ferring to the trustees of “ The Royal Liver Friendly Society” a mortgage of £1,100, the transfer containing a declaration that the money was advanced out of the funds of the society. The commissioners, whose opinion was requested under 13 & 14 Viet-, c. 97, s. 14, and 16 & 17 Viet, c. 59, s. 13, charged a duty of os. 6d., ad valorem (under 28 & 29 Viet. c. 96, s. 17), and 5s. 6d. progressive duty, and from this decision the trustees appealed. The society was one established previously to, but then regulated by, 18 & 19 Viet. c. 63, which amended and consolidated the law relating to friendly societies, and the trustees claimed exemption from stamp duty under sect. 37. By their 9th rule, it is one of the duties of the committee of management to negotiate all money transactions, order and direct how, when, and upon what security the funds of the society shall be invested, and execute all the powers vested in them by 18 & 19 Viet. c. 63 (ss. 17-19). Kelly, C. B.—The Act exempts from duty all docu ments required or authorized by the rules of the society, and no doubt the society by its rules authorizes the trustees to invest their funds in mortgages of real estate. But the question is whether, looking at the whole of sect. 37, it only exempts documents required or authorized for the purpose of carrying on the internal affairs of the society, or required or authorized for the purpose of bringing the society into a position to carry on business with the outside world, or whether it also exempts all documents which may become necessary in the course of carrying out that business. We should have expected very express and specific language if it had been intended to exempt secu rities to so large an amount as on this view the statute would include. But on the contrary, when we read the - earlier part of the section we find that the instruments a

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