Secretarial practice

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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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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXIX. Stamp duties

Collection:: Economics Books

STAMP DUTIES 365 settling for the present year’s tithes of the rectory of Llambister [Braybrooke (Lord) v. Meredith, 13 Sim. 271]. 2. Out of any balance which may be due to me after final arrangement of the account I will thank you to pay to George Parsons, Esq., £1077 (Parsons v. Middle- fon, 6 Hare 261). [hese documents differ from those relating to the payment of a debt to a third party in which questions have been raised as to whether they are chargeable as assignments or bills of exchange. The cases on this subject [see e.g, Brice v. Bannister 3 Q.B.D. 569 and Buck v. Robson, ibid. 686] establish that an order from a creditor to his debtor to pay to a third person and sent to the payee is an assignment and not an order for the payment of money. Questions have also arisen with regard to post-dated cheques, and there have been several decisions. No objection can now be raised to such a cheque, which is declared to be admissible as evidence in an action brought after the date of the cheque ‘Royal Bank of Scotland v. Tottenham (1894), 2 Q.B. 715] and similarly no objection can be taken to an ante-dated cheque. S. 34 provides that the fixed duty of 2d. ‘may be denoted by an adhesive stamp, which, where the bill is drawn in the United Kingdom, is to be cancelled by the person by whom the bill is signed before he delivers it out of his hands, custody, or power’; and s. 38 (2) provides that if a bill charged with the fixed duty of 2d. is presented for payment unstamped, ‘the person to whom it is presented may affix thereto an adhesive stamp and cancel the same 1 I he had been the drawer ol the bill.’ The duties on foreign bills, if not previously paid, are required by s. 35 of the Act to be paid by the holder thereof before he presents for payment or endorses, transfers, or in any manner negotiates or pays the bill or note.” These duties are denoted by adhesive stamps which are required to be cancelled by the person affixing them; but if they are not so -ancelled they may afterwards be cancelled by any bona fide holder. Foreign Bills. The duty on a bill of exchange or promissory note drawn for money in any foreign or colonial currency is to be calcu- lated according to the value on the day of the date of the instrument of the money in British currency. This is provided for by s. 6 of the Act of 1891, and the rate of ex- change is determined in accordance with the provisions of 5. I2 of the Finance %c*:. *8ao

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