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See also:STAMP (from " to stamp," to strike or tread heavily, hence to impress, O. Eng. stempen, Du. stampen, Ger. stampfen, whence, O. Fr. estamper, mod. etamper)
, an See also:instrument for crushing or pounding or for making impressions or marks on other bodies; thus, in See also:mining, the See also:stamp is that See also:part of the machinery of a See also: Stamps can only be impressed at the inland revenue offices in certain of the larger towns . For duties not exceeding 2S . 6d. the adhesive inland revenue or postage stamps may (in most cases) be used indiscriminately . This arrangement was first introduced in 1881, when it was applied to the See also:penny stamp, and it has since been extended to other denominations . The commissioners of inland revenue are authorized to make See also:allowance under certain conditions for stamps which have been inadvertently spoiled or rendered useless for their intended purposes . In order to obtain such allowance the parties must See also:present the stamps within two years from the See also:time when they became useless . The commissioners may be required by any See also:person to See also:express their See also:opinion as to the amount of duty, if any, which is chargeable on any instrument; and such person, if dissatisfied with the See also:assessment made, may See also:appeal to the courts . The stamp duty on the See also:transfer of certain kinds of securities can be commuted by the See also:payment of a lump sum or (in some cases) an See also:annual See also:composition, and the transfers then become exempt from duty . Stamp duties are either fixed, such as the duty of one penny on every See also:cheque irrespective of its amount, or ad valorem, as the duty on a See also:conveyance, which varies according to the amount of the See also:purchase money . The duty is denoted generally by an impressed, less frequently by an adhesive, stamp, sometimes by either at the See also:option of the person stamping . Thus an inland See also:bill of exchange (unless payable on demand) must have an impressed stamp, a See also:foreign bill of exchange an adhesive stamp, while an agreement or See also:receipt stamp may be of either See also:kind . It should be noticed that certain documents falling within a class which as a See also:rule is subject to stamp duty are for reasons of public policy or encouragement of See also:trade exempted from the duty by See also:special legislation . Examples of such documents are Bank of England notes, agreements within § 17 (but not those within § 4) of the See also:Statute of Frauds (see See also:FRAUD), agreements between a See also:master of a See also:ship and his See also:crew, transfers of See also:ships or shares in ships, indentures of See also:apprenticeship for the See also:sea service, petitions forwarded by post to the See also:Crown or a See also:House of See also:Parliament and most instruments See also:relating to the business of See also:building and friendly See also:societies . As a general rule a document must be stamped at the time of See also:execution, or a See also:penalty (remissible by the commissioners of inland revenue) is incurred . The penalty is in most cases £1o, sometimes much more; in the See also:case of policies of marine insurance it is See also:Ioo . Some instruments cannot be stamped at all after execution, even with payment of the penalty . Such are bills of exchange and promissory notes (where an impressed stamp is necessary), bills of lading, proxies for voting at meetings of proprietors of See also:joint-stock companies and receipts after a See also:month from date . An unstamped instrument cannot be pleaded or given in See also:evidence except in criminal proceedings or for a See also:collateral purpose . If an instrument chargeable with duty be produced as evidence in a See also:court, the officer whose duty it is to read the instrument is to See also:call the See also:attention of the See also:judge to any omission or insufficiency of the stamp, and if the instrument is one which may legally be stamped after execution, it may, on payment of the amount of the unpaid duty and the penalty payable by law, and a further sum of I, be received in evidence, saving all just exceptions on other grounds . The rules of the supreme court, 1883 (Ord. xxxix. r . 8, re-enacting a See also:provision of the See also:Common Law See also:Procedure Act), provide that a new trial is not to be granted by See also:reason of the ruling of a judge that the stamp upon any document is sufficient or that the document does not require a stamp . The stamp upon a document subject to the stamp See also:laws of a foreign See also:state is usually admissible in evidence in a court of the United Kingdom if it conform in other respects to the rules governing the admissibility of such documents, even though it be improperly stamped according to the law of the foreign country . The admissibility of documents belongs to the ordinatoria litis rather than the decisoria litis, and is governed by the lex fori rather than the lex loci contractus, unless indeed that law makes a stamp necessary to the validity of the instrument . Certain offences, such as See also:forging a die or stamp, selling or using a forged stamp,'&c., are made felonies punishable with penal See also:servitude for See also:life as a maximum . United States.—The subject of stamp duties is of unusual See also:historical See also:interest, as the passing of See also:Grenville's Stamp Act of 1765 (see UNITED STATES: See also:History) directly led to the See also:American War of See also:Independence . The act was, indeed, repealed the next See also:year as a See also:matter of expediency, but an act of the same year dealing with the dependency of American colonies declared the right of the See also:British legislature to bind the colonies by its acts . The actual yield of the stamp duties under the act of 1765 was, owing to the opposition in the American colonies, only £4000—less than the expenses of putting the act into force . The stamp duties of the United States are now under the superintendence of the commissioner of See also:internal revenue . |
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