Lease-continued. at rate not exceeding £10; also, lease of (2.) For any definite or for any indefinite term— Where the consideration is rent If the term is definite, not exceeding 35 years, 6d. for every £5 up to £25; then 2s. 6d. If the term is above 35 years, but not exceed- 3s. for every £5 up to £25; then 15s. £1, 10s. for every £50 above that Subsequent lease following thereon, . 46. Marriage-Contract. See Nos. 15, 27, and 65. 47. Mortgage. See No. 15. 48. Mutual Disposition or Conveyance in Scotland. See Nos. 24, 25, 27, 38, 65, and 68. 49. Notarial Act From 31st August 1815 to 6th August 1861, 58.; and for every sheet of paper, &c., after the first, 5s. £0 10 0 . 0 0 6 duty. In every other case except where expressly pro- Under 2160, leading stamp. Under 3240, leading stamp and 1 progressive. This duty was abolished by the 1870 Act. 53. Promissory Note, see No. 14. 56. Real Burden. See Nos. 8 and 15. 57. Release, Reconveyance, Renunciation. See Nos. 32 and 59. Relinquishment of Superiority— If onerous. See No. 24. If gratuitous. See No. 32. 60. Resignation, Charter or Instrument of, whether subjects held burgage or of a subject superior— From 31st August 1815 to 10th October 1850, 9s.; From 10th October 1850 to 1st January 1871, 58. ; progressive duty, 5s. £0 5 0 010 050 010 0 10 0 *61. Resignation, Writ of, where lands held of subject From 1st October 1858 to 1st January 1871, 5s. ; Resignation was abolished by the 1874 Act. 62. Restriction, deed of, regarded as liable to 6d. per cent. on amount of bond up to 10s. 63. Revocation of any use or trust, by any deed not a will, £0 10 0 64. Sasine. See Nos. 42 and 49. 65. Settlement For every £100 or part thereof, When a policy or non- marketable security is (1.) Where no provision is made for (2.) In such case if the deed contains a 66. Share Certificates. See No. 4, 24. 67. Submission. See No. 2. This includes nominations of arbiters under the Lands Clauses Act 1845. 68. Testamentary deeds-exempt from duty after 3rd April 1860. 69. Transfer in favour of new Trustees From 31st August 1815 to 1st January 1871. See If there is more than one deed, and one is stamped After 1st January 1871. See No. 10. 70. Valuation. See No. 6. 71. Voting Paper. See No. 11. 72. Writ of Acknowledgment— Under Registration of Leases Act, In favour of heir or disponee, of a creditor, 0 5 0 050 050 Specific duty was only imposed on those marked on 1st October 1860, but previously they were held liable to the duties under Nos. 17(a), 20, 60. Division II. CHAPTER I. BILLS OF EXCHANGE; PROMISSORY NOTES; AND CHEQUES. THE law regarding (1) bills of exchange, (2) promissory notes, and (3) cheques, has been codified, to a great extent, by the Bills of Exchange Act, 1882 (45 and 46 Vict. c. 61), which came into operation on 18th August, 1882. I. BILLS OF EXCHANGE. The subject of bills of exchange may be dealt with under the following heads : I. DEFINITION, FORM, AND DRAWING OF BILLS OF EXCHANGE. II. ACCEPTANCE OF BILLS. III. NEGOTIATION OF BILLS 1. Indorsation. 2. Negotiation of Overdue, or Dishonoured Bill, or of Bill to Party already liable thereon. 3. General Duties of Holder-Presentment for Acceptance, or for Payment, and Notice of Dishonour by Non-acceptance or Nonpayment. 4. Rights of Holders. 5. Acceptance or Payment for Honour. 6. Noting and Protesting of Bills. IV. DISCHARGE OF BILLS. V. SUMMARY DILIGENCE ON BILLS. VI. INTERNATIONAL QUESTIONS relating to Bills. I. DEFINITION, FORM, AND DRAWING OF BILLS OF EXCHANGE. bill. A Bill of Exchange is an unconditional order either in Definition of writing or in print, "addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer." An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange. See Bills of Exchange Act, 1882, §§ 2, 3 (1) (2). bill The (2) Drawee; The maker of a bill is called the drawer. The person Parties to to whom it is addressed is called the drawee before he (1) Maker; accepts it, and the acceptor after he accepts it. person to whom it is payable is called the payee, may be either the maker of the bill or another party. the payee transfers a bill by indorsation and delivery, he (5) Indorser ; is then called the indorser, and the person in whose favour who (4) Payee; If by delivery; he indorses it, is called the indorsee. The holder of a bill (6) Indorsee; is the payee or indorsee who is in possession of it, or the (7) Holder; bearer thereof, § 2. When the holder of a bill payable to (8) Transferor bearer transfers it by delivery without indorsing it, he is called a transferor by delivery, § 58. The drawer or any (9) Referee in indorser of a bill may insert in it the name of a person case of need; to whom the holder may, in his option, resort in case the bill is dishonoured by non-acceptance or non-payment, and such person is termed a referee in case of need, § 15. An accommodation party is a person who, without receiv- (10) Accommoing value therefor, has signed a bill as drawer, acceptor, or indorser, for the purpose of lending his name to dation party. |