SCRIP CERTIFICATE or SCRIP. See Letter of Allotment. Exemption. Instrument of appointment relating to any property in favour of SHARE WARRANT issued under the provisions of "The Companies Act, 1867"- Of copyhold. See Copyhold. Of any other kind whatsoever not chargeable with duty as a conveyance on sale or mortgage.. TRANSFER. See Conveyance or Transfer. TRANSFER. Any request or authority to the purser or other officer of any mining company, conducted on the cost book system, to enter or register any transfer of any share, or part of a share, in any mine, or any notice to such purser or officer of any such transfer VALUATION. See Appraisement. VOTING PAPER. Any instrument for the purpose of voting by any person entitled to vote at any meeting. See also Proxy, under the head of Letter or Power of Attorney WADSET. See Mortgage, &c. WARRANT OF ATTORNEY to confess and enter up a judgment given as a security for the payment or repayment of money, or for the transfer or retransfer of stock. See Mortgage, &c. WARRANT OF ATTORNEY of any other kind WARRANT FOR GOODS.. Exemptions.-(1.) Any document or writing given by any inland carrier acknowledging the receipt of goods conveyed by such carrier. (2.) A weight note issued together with a duly stamped warrant, and relating solely to the same goods, wares, or merchandise. WARRANT under the sign manual of Her Majesty, her heirs or successors........ GENERAL EXEMPTIONS FROM ALL STAMP DUTIES. Transfers of shares in the Government or Parliamentary stocks or funds. Instruments for the sale, transfer, or other disposition, either absolutely or by way of mortgage, or otherwise, of any ship or vessel, or any part, interest, share, or property of or in any ship or vessel. Instruments of apprenticeship, bonds, contracts, and agreements entered into in the United Kingdom for or relating to the service in any of Her Majesty's colonies or possessions abroad of any person as an artificer, clerk, domestic servant, handicraftsman, mechanic, gardener, servant in husbandry, or labourer. Bonds given to sheriffs or other persons upon the replevy of any goods or chattels, and assignments of such bonds. Commissions granted to officers of militia, yeomanry, or volunteers. Instruments made by to or with the Commissioners, or the First Commissioner, of Her Majesty's Works and Public Buildings, for any of the purposes of the Act 15 and 16 Vict. c. 28. DEBTORS AND CREDITORS. INTRODUCTION. REVERSED ORDER. 12996. The Bankruptcy Act, like the Companies' Act of 1862, and many other statutes, reverses the order in which the matters referred to therein naturally occur in practice; thus, 12997. Bankruptcy is dealt with in the Act first; and 12998. Provision is thus first made for the complete and unqualified winding up of almost (13592) every debtor submitted to that process; afterwards, though the wind up is already fully accomplished, 12999. The Act then proceeds to show how it may be done in a modified sort of way, under liquidation by arrangement; and though 13000. Liquidation by arrangement is supposed, when properly done, to be as complete a wind up as a bankruptcy; yet, 13001. The Act, having wound up the debtor in perspective, afterwards potters about to show how a statutory composition may be effected, though, after a bankruptcy or liquidation, such a mode of proceeding must be a vain and unprofitable study; hence, 13002. The philosophy suggested by the Act is that it is better to take an irrevocable step and afterwards to consider how it might have been avoided; and 13003. The Rules made under authority of the Act are so constructed (13138) as to suggest extreme courses when they might possibly be avoided. PROBABLE EFFECT. 13004. Bankruptcy Precipitated.-The Act, as it stands, is cal culated to precipitate bankruptcy when it is needless, by keeping the alternatives in the background; and 13005. Professional Interests.—The precipitation of needless bankruptcy may perhaps suit the views of a certain section of the legal profession who may be presumed to be well satisfied with the Act and the Rules; but, 13006. Commercial Interests.-The mutual interests of debtors and creditors consist in the avoidance of bankruptcy; so that, CONTRARY COURSE. 13007. In the following pages, with the exception of those dealing especially with fraudulent debtors, a course contrary to that of the Bankruptcy Act is adopted. 13008. Simpler Modes.-The simpler and less ruinous modes of arrangement between debtors in difficulties and their creditors are placed first, proceeding from the simpler to the severer remedies. 13009. Last Resort.-Every alternative is first of all presented for consideration, to be adopted if possible, in preference to bankruptcy, suggested as a last and unavoidable resort. FRAUDULENT DEBTORS. IMPRISONMENT. 13010. During Actions.-The Debtors' Act, which to a certain extent abolishes imprisonment for debt (13033), provides for the temporary security of creditors during actions; thus, 13011. The 6th section of the Act provides that :— Where the plaintiff in any action in any of her Majesty's superior courts of law at Westminster, in which, if brought before the commencement of this Act, the defendant would have been liable to arrest, proves at any time before final judgment, by evidence on oath, to the satisfaction of a judge of one of those courts, that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is probable cause bot believing that the defendant is about to quit England unless he be apprehended. and that the absence of the defendant from England will materially prejudice the plaintiff in the prosecution of his action, such judge may in the prescribed manner order such defendant to be arrested and imprisoned for a period not exceeding six months, unless and until he has sooner given the prescribeu security, not exceeding the amount claimed in the action, that he will not out of England without the leave of the court; and 13012. Penalties.-If the action is in respect of any penalty, it is provided that : Where the action is for a penalty or sum in the nature of a penalty other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from England will materially prejudice the plaintiff in the prosecution of his action, and the security given (instead of being that the defendant shall not go out of England) shall be to the effect that any sum recovered against the defendant in the action shall be paid, or that the defendant shall be rendered to prison. UNDER BANKRUPTCY. 13013. Under bankruptcy (13539) there are very numerous circumstances under which a person may be convicted and punished as a fraudulent debtor; but, FRAUDULENT TRANSACTIONS. 13014. Independently of bankruptcy proceedings, there are several ways in which a charge of being a fraudulent debtor may arise; thus, 13015. If a person obtains credit under any false pretence; or, 13016. By means of any specific fraud; or, 13017. If he has, with intent to defraud his creditors or any of them, made or caused to be made any gift, delivery or transfer of or any charge on his property; or, 13018. If he has, with intent as aforesaid, concealed or removed any part of his property since any unsatisfied judgment or order for payment of money obtained against him; or, 13019. Within two months before any such judgment or order; then, in either case, ONE YEAR. 13020. The person so acting is expressly liable to proceedings a fraudulent debtor; and, upon conviction, may be punished with imprisonment for a term not exceeding one year, 13021. Hard Labour.-With or without hard labour, at the liscretion of the judge. DEFAULTS. 13022. Imprisonment may be inflicted upon persons who make lefault of certain payments; thus, imprisonment may be incurred n case of 1 3023. Default in payment of a penalty or sum in the nature of penalty other than a penalty in respect of any contract; 1 3024. Default in payment of any sum recoverable summarily refore a justice or justices of the peace; 13025. Default by a trustee, or person acting in a fiduciary capacity, and ordered to pay by a Court of Equity any sum in his possession or under his control; 13026. Default by an attorney or solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order; 13027. Default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any Court having jurisdiction in bankruptcy is authorized to make an order. 13028. Limitation.-The imprisonment of any defaulting debtor, as previously enumerated, is limited to twelve months. INSOLVENT DEBTORS. ACTIONS. 13029. Every person who owes money and who is unable to pay it, is liable to an action by any creditor for the satisfaction of the debt; and 13030. Execution.-Every creditor who obtains judgment for a debt owing to him is entitled to an execution against the property of the debtor; and IMPRISONMENT FOR DEBT. 13031. If a debtor to an amount not exceeding £50 (13034) bas no property, or if his property being duly taken in execution, realiss less than the amount of the judgment debt, the debtor is liable to imprisonment; and 13032. Indefinite Period.-The liability to imprisonment for: judgment debt may be kept alive by successive proceedings for # indefinite number of years; for, 13033. Confused Legislation.—It is a mistake to suppose the the so-called Act for the "Abolition of Imprisonment for Det really means what its title would lead an unprofessional person" imagine. 13034. Upwards of £50.--No person, not being a fraudulen debtor (13010) can be imprisoned in respect of a debt exceeding £50; but, 13035. Under £50.-There is a proviso that for every debt not |