Secretarial practice

Bibliographic data

Monograph

Identifikator:: 1828236004

URN:: urn:nbn:de:zbw-retromon-249926

Document type:: Monograph

Title:: Secretarial practice

Edition:: fourth edition

Place of publication:: Cambridge

Publisher:: W. Heffer & Sons Ltd

Year of publication:: 1930

Scope:: viii, 987 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXIX. Stamp duties

Collection:: Economics Books

CHAPTER XXII: STAMP DUTIES IN considering the imposition of duties it is necessary to bear in mind that Acts of this character must be strictly construed according to the natural interpretation of the words used—in other words, effect must be given to the intention of the legislature, as that intention is to be gathered from the language employed, having regard to the context in connection with which it is employed. The subject, there- fore, cannot be taxed without clear words for the purpose. [t rests upon the parties to an instrument and the persons concerned in the preparation of it, to take care that the law is not evaded, and s. 5 of the Stamp Act, 1891, imposes a penalty upon them if there is any neglect to set forth fully and truly in the instrument all the facts and circumstances affecting the liability thereof to duty, or the amount of duty with which it is chargeable. If an instrument is of such description as to fall under two or more heads of charge, and consequently may be liable to duty at different rates, it should be stamped with duty at the highest rate. The most recent decision on this subject was given in 1908 by the House of Lords in the case of Speyer Brothers v. The Commissioners of Inland Revenue (1908), A.C. 92. Impressed The Stamp Act, 1891, provides that, except where express and Adhesive provision is made to the contrary, stamp duties for the time Stamps. being chargeable by law upon any instrument are to be de- noted by impressed stamps only, and accordingly adhesive stamps ate only applicable to a few descriptions of instru- ments. Where the use of adhesive stamps is allowed, the ordinary stamps for denoting postage and revenue may be used for an instrument charged with a duty not exceeding 2s. 6d., unless an appropriated stamp is provided, as in the case of foreign bills or notes. In all cases the adhesive stamp must be cancelled by writing upon it the name or initials of the person or firm and the date, or the stamp must be otherwise effectively cancelled, so as to render it incapable of further use. The Act also provides that an instrument containing or relating to several distinct matters z=

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