Cancellation - Definition - Law Dictionary Home Dictionary Definition cancellation

Definition :

Cancellation, any manner of obliteration and defacement, as of an adhesive stamp in the manner prescribed by s. 8 of the (English) Stamp Act, 1891 (54 & 55 Vict. c. 91), which enacts that-

(1) Mode of Cancellation. An instrument, the duty upon which is required or permitted by law [see ss. 22, 34, 49(2), 52(3), 64, 69(3), 78(1), 79(2), 80(2), 85(1), 90, 99, 101(2), 110(1), and 111(2)], 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 the 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, or otherwise effectively cancels the stamp and renders the same incapable of being used for any other instrument, or for any postal purpose, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.

(2) Plurality of Stamps. Where two or more adhesive stamps are used to denote the stamp duty upon an instrument, each or every stamp is to be cancelled in the manner aforesaid.

(3) Penalty from non-cancellation. Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in the manner aforesaid, shall incur a fine of ten pounds.

The enactment [see Re McMullen, (1902) 71 LJ Ch 766] is less strict than s. 24 of the repealed Stamp Act,1870, from which it was taken. Among the instruments to which it applies are agreements not specifically charged, and charged with a 6d. duty (s. 22), which are to be cancelled by the person by whom they are first executed; proxies (s. 80) which are to be similarly cancelled; and a receipt for 2l. or more (s. 101), which is to be cancelled by the person by whom the receipt is given before he delivers it out of his hands.

Actions for the cancellation of deeds or other written instruments are assigned to the Chancery Division of the High Court (English) [Judicature Act,1873, s. 34(3)]. Now replaced by s. 14 of the (English) Judicature Act, 1925.

An annulment or termination of a promise or obligation, Black's Law Dictionary, 7th Edn.