Stamp Duties - Law Dictionary Search Results
Home Dictionary Name: stamp duties Page: 2 Page 2 of about 44 results (0.004 seconds)Donatio mortis causa
Donatio mortis causa, a gift of personal property in prospect of death; a death-bed disposition; an inchoate gift of personalty consummated by the giver's death.It is derived from the Civil Law; Justinian's Inst. Lib. 2, tit. 7, shows its nature. To render this kind of gift valid, it (1) must be made by the giver, when ill, in anticipation of his death; (2) must be intended to take effect only upon his death by his existing illness, for his recovery from that illness, or his subsequent personal revocation of the gift, as by resuming its possession, will defeat it; and (3) a traditio or delivery, either actual or symbolical, of the subject of the gift, or of the instrument which represents it, must be made to the donee, either for his own use, or upon trust for another person, or for a particular purpose. The gift of a cheque upon the donor's banker is not good as a donatio mortis causa, because it is a gift which can only be made effectual by obtaining payment of it in the donor's life...
Conveyancers
Conveyancers, persons who, being neither barristers nor solicitors, employ themselves solely in the preparation of deeds or assurances of property. They must, by the Stamp Act, 1891, s. 44,and Sch. I., take out yearly a certificate upon which a stamp duty of 4l. 10s. for the first three years, and 9l. afterwards, is payable if they carry on business in London, Edinburgh, or Dublin, and 3l. for the first three years, and 6l. afterwards, if they carry on business elsewhere....
Colonial Attorneys Relief Acts (English)
Colonial Attorneys Relief Acts (English), 1857, 1874, and 1884 (20 & 21 Vict. c. 39, 37 & 38 Vict. c. 41, and 47 & 48 Vict. c. 24). These Acts provided for the admission, to practise as solicitors in the Supreme Court in England, of all persons, being subjects of the British Crown, who have been duly admitted and enrolled as attorneys and solicitors in any colony. These Acts were repealed by the Colonial Solicitors Act, 1900 (63 & 64 Vict. c. 14), which was in turn repealed by the Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), and s. 35 enacts:-(1) A solicitor of a Superior Court in a British possession to which this section applies who has been in practice before such Court for not less than three years may-(a) on giving due notice and the prescribed proof of his qualification and good character; and(b) on passing the prescribed examination or, in the prescribed cases, without examination; and(c) after service under Articles during the prescribed period or, in the prescribed cases, wit...
Electric lighting
Electric lighting. The supply of electricity for light-ing is facilitated and regulated by the (English) Electric Lighting Act, 1882 (45 & 46 Vict. c. 56). Under this Act powers may be obtained either (1) by license from the Board of Trade; or (2) by Provisional Order of the Board of Trade, needing confirmation by special Act of Parliament; or (3) by special Act of Parliament. The (English) Electric Lighting Clauses Act, 1899 (62 & 63 Vict. c. 19), has incorporated in one Act the usual clauses of provisional orders and special Acts, and directed that such clauses are to apply to every undertaking under the Electric Lighting Acts except so far as expressly varied. These licenses and orders may either be granted to the local authorities themselves or, with their consent, to independent contractors. Licenses continue in force for any period not exceeding seven years, but are renewable. By s. 27 of the (English) 1882 Act an undertaking autho-rized by provisional order or special Act may be...
Loan societies
Loan societies, institutions established by the purpose of advancing money on loan to the industrial classes, and receiving back payment for the same by instalments, with interest. They are exempt from the provisions of the Money Lenders Act, 1900.By the (English) Loan Societies Act, 1840 (3 & 4 Vict. c. 110 (continued by 21 & 22 Vict. c. 19, and made perpetual by 26 & 27 Vict. c. 56), forms of proceeding of a similar nature to those prescribed in the Acts regulating savings banks and friendly societies are requisite to enable loan societies to avail themselves of this Act, and see 51 & 52 Vict. c. 41, and 59 & 60 Vict. c.25, s. 2, as to certification of Rules by the Registrar of Friendly Societies.These societies are entitled to issue debentures for money deposited with them (otherwise than by way of gift), and these as well as all other notes and instruments given in pursuance of the Act are exempted from stamp duty. They are also placed on the same footing with savings banks, in the...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Vaccination
Vaccination, inoculation with the virus of cowpox as a preventive of smallpox. First made compulsory in 1853 by 16 & 17 Vict. c. 100, gratuitous vaccination having been previously provided for in the various enactments, dating from 1840, on the subject prior to 1867, all of which were repealed by the Vaccination Act of that year (30 & 31 Vict. c. 84). By the Act it was provided, inter alia, that the parent of every child born in England should within three months after the birth of such child, or where by reason of the death, illness, absence, or inability of the parent or other cause, any other person should have the custody of such child, 1898 by the (English) Vaccination Act, 1898, and this last Act was itself amended by the (English) Vaccination Act, 1907, in order to give relief to persons having a conscientious objection to vaccination, and s. 1(1) is as follows:-1.-(1) No parent or other person shall be liable to any penalty under s. 29 or s. 31 of the Vaccination Act of 1867 if...
Duly stamped
Duly stamped, an instrument can be said to be duly stamped only if it bears stamps of the amount and description in accordance with the law of the State concerned, the law including not only the Act, but also the rules framed under the Act, New Control Jute Mills Co. v. State of West Bengal, AIR 1963 SC 1307 (1311): (1964) 1 SCR 535. [Uttar Pradesh Stamp Rules, 1942, R.3]As applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with law for time being in force in India. [Indian Stamp Act, 1899, s. 2 (11)]Levy of duty, the duty is levied under the statutory provision and not under the discretion of the authorities under the provision, Khoday India Ltd. Anekal v. State of Karnataka, 2007 (3) Kar LJ 162...
Death duties
Death duties. These are (1) the Estate Duty, which, by the (English) Finance Act, 1894 (57 & 58 Vict. c. 30), superseded the Probate or Administration Duty leviable under the Stamp Act, 1815, and the Account Duty leviable under the (English) Customs and (English) Inland Revenue Act, 1881; (2) the Succession Duty leviable under the (English) Succession Duty Act, 1853; (English) and (3) the Legacy Duty leviable under the Stamp Act, 1815:- duties leviable on the passing of property by the death of a person to his successors; (4) Settlement Estate Duty was abolished in respect of all deaths after 11th May, 1914, (English) Finance Act, 1914, s. 14. It consisted of 1 per cent., increased to 2 per cent. by the (English) Finance (1909-10) Act, 1910, in addition to other duties on settled property. It was not payable on property settled before August 1st, 1894, and certain allowances are accorded by the (English) Finance Act of 1914. It is still payable in respect of deaths on or before May 11t...
Patent medicine
Patent medicine, A patent medicine means medicine in respect of which a patent is in force, Aphali Pharmaceuticals v. State of Maharashtra, AIR 1989 SC 2227 (2235): (1989) 4 SCC 2227.Patent or proprietary medicines are--(1) those enumerated in the schedule to the (English) Medicine Stamp Act, 1812; (2) all other medicines intended for human use and claimed to be made by a secret process or protected by letters-patent, or which have been advertised as beneficial to the prevention, cure, or relief of any ailment or disorder affecting the human body. Under the (English) Medicine Stamp Acts, 1802 and 1804, duties were imposed on each bottle or package according to the price. These duties are payable by the manufacturers and collected by means of labels of appropriate amounts, so affixed to the packages as to be destroyed when they are opened. The duties were doubled by the Finance Act, 1915: this increased rate has been continued from year to year. The schedule to the Act of 1812 exempts f...
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