Reports of Cases Argued and Determined in the Court of King's Bench Volume 3

Reports of Cases Argued and Determined in the Court of King's Bench Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1814 edition. Excerpt: ... to in the bill of 1803. Lake ay ainst AsilWJill and Others of sale, was part of the same deed, and ought to have had a deed stamp, amounting altogether to 20s. and not merely a 5s. stamp on the first sheet. The learned Judge however suffered the cause to go on, but reserved the point; and the defendants afterwards established their right to the property in question, (supposing it to remain in Wallis) under a commission of bankrupt issued against him, dated in January 1802, under which Ashwell and two others of the defendants were chosen assignees. A rule having been accordingly obtained in the last term for setting aside the verdict and entering a nonsuit. Espinasse now shewed cause, and contended that 5s. was the proper stamp for theschedule, viz.2s. 6d. by the stat.37Geo.3. c. 90. s. 1. and as much more by a former act. The words of the respective acts are, for "any inventory or catalogue of "any furniture, goods or effects, made with reference to "any agreement, or for the security-of any person, not "hereby otherwise charged, the sum of two shillings and "sixpence." That the schedule was one entire thing; though transcribed on several sheets of paper, it still formed 328 b one schedule, for which the stamp was imposed. It was no objection that being referred to in and annexed to the deed, it must be taken to be part of it, and should have had the deed stamp on each sheet; for it was referred to as a distinct instrument, under the appropriate name of aschedule, . and the clause in question seems worded so as to meet the objection. But if it were taken to be part of the deed, then it seems by the exception in the clause, "not hereby other"wise charged," as if no additional stamp were necessary; more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236490673
  • 9781236490674