ad valorem stamp for the total amount is necessary. Wills v. Bridge, 4 Exch. 193. See also Freeman v. Inl. Rev. Coms., L. R., 6 Ex. 101.

When an agreement refers to another document, and the two papers form, in fact, but one agreement, it is sufficient if one of them only bear a stamp. Peate v. Dicken, 1 C. M. & R. 422. The document might, however, require a stamp as a schedule, vide Schedule, post, p. 268. But where a paper contains several contracts, and consequently requires several stamps, and only one is impressed upon it, that stamp applies to the contract only on which the stamp is impressed. Powell v. Edmunds, 12 East, 6. Where a paper contains a number of independent contracts with different tenants, though under the same general terms of holding, and there is but one stamp upon it, it is matter of evidence to which contract the stamp applies, and the juxtaposition of the stamp is to be regarded. Doe d. Copley v. Day, 13 East, 241; and now see sect. 7, ante, p. 223. And if it be uncertain to which the stamp applies, the paper is inadmissible. Shipton v. Thornton, 9 Ad. & E. 331. The several admissions of five corporators, as freemen, were written on the same paper with only one stamp; such stamp was held to apply to the first admission only, and the others could not be read. R. v. Reeks, 2 Ld. Raym. 1445; and see Perry v. Bouchier, 4 Camp. 80; Waddington v. Francis, 5 Esp. 182. To a stamped agreement to refer a question to A. the parties some days afterwards added a memorandum appointing B. instead of A.: held that one stamp was sufficient. Taylor v. Parry, 1 M. & Gr. 604. Where the defendant made in his own name a single agreement as to goods of his own and also goods of himself and partners, the whole of the goods forming part of the cargo of one ship, and signed in the name of the firm: held, in an action on it against him alone, that only one stamp was necessary. Shipton v. Thornton, 9 Ad. & E. 314.

Number of words.] As the Stamp Act, 1870, contains no provision charging progressive duty, the number of words in any instrument chargeable under that Act is now immaterial.

Foreign instruments.] Under sect. 17 (ante, p. 219), no instrument, wherever executed, relating to any property situate, or to any matter or thing done or to be done, in the United Kingdom, shall be given in evidence unless stamped. If a stamp be necessary to render an instrument valid in one of the British colonies, is has been held that it cannot be received in evidence without that stamp here. Clegg v. Levy, 3 Camp. 167; Alves v. Hodgson, 7 T. R. 241. So, where a foreign contract is void for want of a foreign stamp, it will also be void in this country. Bristow v. Sequeville, 5 Exch. 275. But as a general rule our courts do not take notice of foreign revenue laws; therefore an unstamped receipt, given in France, will be evidence here, though the French law requires that it should be stamped. James v. Catherwood, 3 D. & Ry. 190.

Under sect. 15 (2, a), amended by 51 & 52 Vict. c. 8, s. 18 (2) (see also Id. s. 18 (1), cited post, p. 226), an instrument first executed abroad may be stamped within thirty days after its first arrival in the United Kingdom, without the payment of any penalty. A contract made in a British ship at sea is in the same position with regard to a stamp as one made abroad; see Ximenes v. Jaques, 1 Esp. 311.

As to the stamps required by foreign bills, promissory notes, charterparties, and policies of insurance, see under those respective heads.

Value, how ascertained.-Statement of.] By sects. 11, 12, foreign or colonial currency is to be valued according to the rate of exchange, and stock, &c., is to be valued at the average price at the date of the instru

ment. By sect. 13, an instrument stating the value so estimated and stamped accordingly is, primâ facie, duly stamped.

Denoting stamp.] This is used, under sect. 14, to indicate that an instrument which would, primâ facie, be liable to higher duty is, in fact, correctly stamped, by reason of the higher duty having been paid on some other instrument. See Duplicate, post, p. 252.

Adjudication stamp.] Under sect. 18 (1), (2), (3), the Commissioners of Inland Revenue may be required, without the payment of any fee, to affix a stamp on any executed instrument, denoting that it is not liable to any duty, or to assess the duty thereon, and, on payment thereof, to affix thereto a stamp denoting that the full amount of duty has been paid. (4.) "Every instrument stamped with the particular stamp denoting either that it is not chargeable with any duty or is duly stamped, shall be admissible in evidence and available for all purposes, notwithstanding any objection relating to duty." The section does not, however (5, b. c.), apply to an instrument chargeable with duty, and made as security without limit, nor to an instrument which may not be stamped after execution. See Prudential Assurance, &c., Co. v. Curzon, 8 Exch. 97; 22 L. J., Ex. 85; Morgan v. Pike, 14 C. B. 473; 23 L. J., C. P. 64. It may be observed that by sect. 19 an appeal is given from the decision of the Commissioners to the Court of Exchequer, which court is now merged in the Queen's Bench Division of the High Court, vide ante, p. 193.

Proper denomination.] Sect. 9. "(1.) A stamp which by any word or words on the face of it is appropriated to any particular description of instrument is not to be used, or, if used, is not to be available for an instrument of any other description. (2.) An instrument falling under the particular description to which any stamp is so appropriated as aforesaid is not to be deemed duly stamped, unless it is stamped with the stamp so appropriated."

As to bills of exchange bearing a stamp of a wrong denomination, see post, pp. 237, 238.

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Impressed and adhesive stamps.] Sect. 23. Except where express provision is made to the contrary, all duties are to be denoted by impressed stamps only."

Adhesive stamps are allowed in the cases of the following instruments: agreements bearing 6d. stamp; agreements or leases bearing 1d., or for furnished houses, &c., bearing 28. 6d. stamp; cheques and other bills of exchange payable on demand; foreign bills of exchange; charter-parties; contract notes; copies of registers of baptism, &c.; cost-book mine transfers; delivery orders, and warrants for goods; letters of renunciation; policies of insurance (except sea and life policies); protests on bills, and notarial acts; receipts; foreign and colonial share certificates; marketable security, transferable by delivery of any company, or foreign government, &c.

By 45 & 46 Vict. c. 72, s. 13 (2), (extending the provisions of 44 & 45 Vict. c. 12, s. 47), adhesive postage stamps "to a proper amount may be used to denote any stamp duties of an amount not exceeding 28. 6d., which may legally be denoted by adhesive stamps, not appropriated by any word or words on the face of them to any particular description of instrument."

VOL. I.

Adhesive stamps, how cancelled.] Sect. 24. (1.) "An instrument, the duty upon which is required, or permitted by law, to be denoted by an adhesive stamp is not to be deemed duly stamped with an adhesive stamp unless the person required by law to cancel such adhesive stamp cancels the same by writing on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing, so that the stamp may be effectually cancelled, and rendered incapable of being used for any other instrument, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time." By 45 & 46 Vict. c. 72, s. 14 (1), where the stamp duty is denoted by two or more adhesive stamps, each stamp is to be cancelled in the manner above stated, and so that it shall be rendered incapable of being used for any postal purpose.

It will be seen that under these sections cancellation is not imperative; it merely obviates the necessity of adducing evidence that the stamp was affixed at the proper time. Marc v. Rouy, 31 L. T., N. S. 372; M. T. 1874, Q. B. See further provision in the case of foreign bills, sect. 51, and decisions thereon, post, p. 237.

The several sections allowing the use of adhesive stamps enact by whom the same are to be respectively cancelled. In general the person first signing the instrument is the proper person to cancel the stamp; in the case, however, of charter-parties the last person executing is to cancel the stamp. See sect. 66, post, p. 244.

Time of stamping.] By sect. 15, an instrument may in general be stamped by the Commissioners of Stamps with an impressed stamp, after execution, on payment of the duty and a penalty, as to which vide infra; and instruments first executed abroad may be stamped within thirty days (51 & 52 Vict. c. 8, s. 18 (2)) after their first arrival in the United Kingdom without the payment of any penalty. If an instrument bear a proper impressed stamp when produced at the trial it is sufficient, though it was not stamped when executed, provided the commissioners are not expressly prohibited from subsequently affixing a stamp. R. v. Chester, Bp. of, Stra. 624; and see Rogers v. James, 7 Taunt. 147. The court will not inquire whether the penalty has been paid, or whether the stamp has been affixed in proper time, but will receive the instrument in evidence, when the stamp is not required by statute to be affixed within a certain time. R. v. Preston, 5 B. & Ad. 1028; Rose v. Tomlinson, 3 Dowl. 49; Lacy v. Rhys, 4 B. & S. 873, Ex. Ch., post, p. 265. But with regard to an instrument to which a stamp cannot by law be subsequently affixed, an inquiry as to the time of affixing is admissible. Green v. Davies, 4 B. & C. 235. And as an adhesive stamp cannot in general be applied to an instrument after its execution, it would seem that in this case an inquiry as to when the stamp was affixed is admissible. Express evidence as to the time of the affixing of the stamp is required by sect. 24 (ante, p. 226), unless it has been cancelled as required by that section. But where, as in the case of foreign bills of exchange, an adhesive stamp is to be affixed before negotiation in this country, if the stamp appear on the bill at the trial, this is, primâ facie, sufficient evidence. Bradlaugh v. De Rin, L. R., 3 C. P. 286.

By 51 & 52 Vict. c. 8, s. 18 (1), in the case of the following instruments liable to ad valorem duty, viz.:-bonds, covenants, conveyances or transfers on sale, leases, mortgages, equitable mortgages, debentures, warrants of attorney, and settlements execu ed after May 16th, 1888, (a) the instrument must be stamped before the expiration of thirty days after it is first executed or first received in the United Kingdom if executed abroad, unless the

opinion of the Commissioners of Inland Revenue as to the amount of stamp duty chargeable has been required under Stamp Act, 1870, s. 18, ante, p. 225, in which case (b) the instrument must be stamped within fourteen days of the notice of the assessment.

Penalty for stamping.] By sect. 15 (1), in general, the penalty for stamping after execution is 107., and where the duty to be paid exceeds 107., interest is chargeable on the duty at the rate of 51. per cent. per annum from the day on which the instrument was first executed to the time when the interest is equal to the amount of unpaid duty. But (2, b, and 51 & 52 Vict. c. 8, s. 18 (2)), the Commissioners of Inland Revenue are empowered to remit the whole or any part of the penalty, if the instrument be brought to them to be stamped within three months of its first execution. As to instruments first executed abroad, vide ante, p. 224.

Some instruments may be stamped within a certain time of their execution without penalty; and in the case of others the amount of the penalty differs from that above stated. The special enactments relating to these instruments will be found under their respective heads, post, pp. 229 et seq.

By 51 & 52 Vict. c. 8, s. 18 (1) (c), in the case of instruments falling within this sub-section, vide ante, p. 226, and not duly stamped under the provisions (a), (b), supra, the obligee, covenantee, vendee, transferee, lessee, mortgagee, or settlor, as the case may be, shall forfeit 107., "and in addition to the penalty payable by law on stamping the instrument, there shall be paid an additional penalty equivalent to the stamp duty thereon, unless a reasonable excuse for the delay in stamping, or for the omission to stamp, or the insufficiency of stamp, be afforded to the satisfaction of the " court, judge, arbitrator, or referee before whom it is produced."

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Stamping at the trial.] By the Stamp Act, 1870, sect. 16 (1.) "Upon the production of an instrument chargeable with any duty as evidence in any court of civil judicature in any part of the United Kingdom, the officer whose duty it is to read the instrument shall call the attention of the judge to any omission or insufficiency of the stamp thereon, and if the instrument is one which may legally be stamped after the execution thereof, it may, on payment to the officer of the amount of the unpaid duty, and the penalty payable by law on stamping the same as aforesaid, and of a further sum of 1., be received in evidence, saving all just exceptions on other grounds. (2.) The officer receiving the said duty and penalty shall give a receipt for the same." (3.)Upon production to the Commissioners of any instrument in respect of which any duty or penalty has been paid as aforesaid, together with the receipt of the said officer, the payment of such duty and penalty shall be denoted on such instrument accordingly." This section is a re-enactment of the provisions of the C. L. P. Act, 1854, ss. 28, 29. By 44 & 45 Vict. c. 12, s. 44, this section shall apply to the production of instruments in evidence "in all proceedings before an arbitrator or referee, and for the purposes of such application the arbitrator or referee shall be the officer' as well as 'the judge' in the said section mentioned."

...

By stat. 39 & 40 Vict. c. 6, s. 2, sect. 16 is applied to a policy of sea insurance; the penalty for stamping being 1007.

Time and mode of objecting to the stamp.] After proof of the due execution of an instrument, the rule is that it lies on the opponent to point out any objection to the stamp. If indications of an effaced stamp appear, it

is for the judge to decide whether he is satisfied of its admissibility. Doe d. Fryer v. Coombs, 3 Q. B. 687; Wilson v. Smith, 12 M. & W. 401. And the objection must be made before the paper is read in evidence. Foss v. Wagner, 7 Ad. & E. 116, n. But where the objection does not appear except on extrinsic evidence, the objection may be made after it has been read. Field v. Woods, Id. 114. In that case the objection was that a cheque was post-dated. Interlocutory proof in support of the objection must be received instanter, and the question be decided by the judge. Bartlett v. Smith, 11 M. & W. 483. The court will grant a new trial where the evidence is left to the jury as part of the defendant's case. Id. If, however, the objection is not a mere stamp objection, as where the existence of the original stamped policy of insurance, a copy of which is tendered in evidence, is disputed, the whole question must be left to the jury. Stowe V. Querner, L. R., 5 Ex. 155, cited ante, p. 10. A stamp objection must be taken at the earliest possible moment. Robinson v. Vernon, Ld., 7 C. B., N. S. 235; 29 L. J., C. P. 310. Where a probate has been read without objection, its evidence could not be excluded by afterwards showing that the amount of personalty passing under the will exceeded the amount covered by the stamp. S. Č. Where an instrument bearing an agreement stamp only was put in as such, and the defendant's counsel afterwards relied on it as a lease, it was held that the objection ought then to be taken to the stamp, and was too late on a motion for a new trial. Doe d. Philip v. Benjamin, 9 Ad. & E. 644. The fact that the defendant was a party to the fraud on the revenue will not estop him from objecting. Steadman v. Duhamel, 1 C. B. 888.

It was formerly competent for the parties to overlook the want of a stamp or of a proper stamp; but by sect. 16 (1), and 44 & 45 Vict. c. 12, s. 44, ante, p. 227, the objection is now to be taken by the officer whose duty it is to read the document at the trial.

By Rules, 1883, O. xxxix. r. 8, "A new trial shall not be granted by reason of the ruling of any judge that the stamp upon any document is sufficient, or that the document does not require a stamp." The C. L. P. Act, 1854, s. 31, which was in like terms, is repealed by 46 & 47 Vict. c. 49; it would seem, however, that its effect is retained by Id. s. 5 (b), if rule 8 is ultra vires, as contravening J. Act, 1875, s. 20, ante, p. 152. Where the document is formally tendered in evidence, and rejected by the judge on account of the insufficiency of the stamp, the ruling is, of course, still open to review. Sharples v. Rickard, 2 H. & N. 57; 26 L. J., Ex. 302. After the expression of the judge's opinion adverse to the reception of the document, counsel must formally tender it in evidence and require a note to be taken of the tender, otherwise the point will be of no avail on a motion for a new trial. Campbell v. Loader, 34 L. J., Ex. 50.

Stamp objections by the officer of the court are sometimes avoided by the consent of the parties to the use of copies of unstamped originals, for the officer of the court can only take such objections as the parties might have taken if this section had not been enacted. If an admitted copy of a document be put in evidence, and it afterwards appears that the original was not duly stamped, the unstamped copy is still admissible. Traviss v. Hargreave, 4 F. & F. 1078; cor. Keating, J. Where, however, the objection appeared on the face of a special case, the court refused to allow the case to be argued. Nixon v. Albion Marine Insur. Co., L. R., 2 Ex. 338.

The stamp duties chargeable on those instruments which are most frequently used in evidence at Nisi Prius will be found below, the instruments being arranged in alphabetical order.