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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Chapter

Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXIX. Stamp duties

Collection:: Economics Books

STAMP DUTIES 369 cases [Reid v. Allan, 19 Law Journ. Exch. 39 and Dowdall v. Allan, 19 Law Journ., Q.B. 41] that where policies are effected by a corporation or company it is a sufficient compliance with this provision if the name of the company or corporation is specified. In the case of a policy issued by a mutual insurance association it was held in 1880 [Marine Mutual Insurance Association Lid. v. Young, 43 L.T.R. 441] that the affixing of the seal of the association authenticated by the signature of the manager is sufficient. The policy may be either for a voyage or for time; but if for time the duration may not (except as provided by s. 11 of the Finance Act, 1901) exceed twelve months. It has been established by a number of judicial decisions that a slip which is the first memorandum in an ordinary insurance is a contract of insurance, and not being a policy is not an instrument upon which an action can be maintained, but it can be looked at for collateral purposes wherever it is material. The omission to issue a policy cannot be waived by agreement between parties in order to obtain a decision upon questions arising upon a contract of insurance [Nixon v. Albion Marine Insurance Co., 2 Exch. 338]. A decision of much importance was given in 1900 in a proceeding in the Commercial Court [Charlesworth v. Faber, 5 Com. Cas. 408] relating to a time policy for twelve months, which included a clause as follows: — Should the vessel be at sea or abroad on the expiration of this policy it is agreed to hold her covered until arrival at her port of final destination in the United Kingdom or on the continent of Europe at a pro rata daily premium to the within. Bigham J. (Lord Mersey) held that this policy was void at law as being a contract of sea insurance made for a longer period than twelve months, and his decision was followed and affirmed by the Court of Appeal in another case [Royal Exchange Assurance v. Sjoforsakrings Aktiebolaget Vega (1901), 2 K.B. 567], and led to an amendment of the law by s. 11 of the Finance Act, 1901, which allowed the insertion of a continuation clause as defined in the section and charged on any policy containing such a clause an additional duty of bd. The section provided also for the payment, either upon that policy or upon a new policy, of the duty applicable to the new risk covered by the clause if it attaches. This ad- ditional duty is payable within thirty days after the risk has attached and is the duty applicable to a policy for a voyage. Continuation Clause.

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