30. " Borrowed of J. W., L.200, to account for on behalf of the Alliance Club at months' notice, if required;" White, 18 L. J. R. Exch. 316. 31. "IO U eight guineas;" Fisher, 1 Esp. 426; 18th Feb. 1854, M'Pherson (Scotch Case). 32. "I owe my father L.470;" Israel, 1 Camp. 499. 33. "I owe Mr J. G. L.200, for value received;" Gould, 1 M. G. and S. 543. Agreements. Under the head of agreements it has been decided in the English courts that an agreement-stamp is not necessary in the following circumstances:-1st, Where a prior unstamped writing is referred to in a subsequent verbal agreement, unless such writing forms the basis of the agreement. 2d, A prospectus or proposal not accepted. 3d, A request for shares in a joint-stock company. 4th, A memorandum assented to, but not subscribed. 5th, The signed approval of a draft. 6th, Acknowledgment of bills received for discount. 7th, Admission in a letter to a third party. 8th, Minutes of a meeting of a public company. It has been held in England that an agreement-stamp is necessary in the circumstances following:-1st, A written proposal accepted by parole. 2d, The original notice of dissolution of partnership. 3d, Note of shares bought. 4th, Memorandum of mode of payment of price of goods. 5th, Auctioneer's signed note of sales, but not where unsigned. C. 21. Value.-If the value be less than L.20, a stamp is not necessary. If there be no criteria of value, or if it cannot be measured, the writing is exempted from duty. By the Act 55 Geo. III. c. 184, the stamp was 20s., reduced to 2s. 6d. by 7 Vict. A missive to pay interest on a bill for L.100, at the rate of 1s. in the pound each month, was held not to be of the value of L.20, so as to require a stamp, though the action was for L.50 for ten months' interest; Semple v. Stevenson, 22 Law J. (N. L.) Exch. 224. Writings relating to the sale of goods are exempted, whatever be the value. Letters of guarantee for goods sold to a third person fall within the exemption. Held in Scotland, that an agreement for a cock-fight for L.100 of wager, required to be stamped; 7th Feb. 1845, Harvey. An agreement for sale of sweepings of streets held to be within the exemption; 21st Feb. 1850, Fiskin. Assignment. The words "Pay the within to A. B., whose receipt will be binding on C. D.," written on an open account, form a good title to sue, and, as a mandate, does not require a stamp; 6th Feb, 1810, Lawrie; 5th Feb. 1852, M'Nee (1 Steuart, 373). But where value is given for the indorsation, and which is intended to operate as a transfer, a stamp is necessary; 13th Nov. 1847, Sutherland; 24th June 1836, Isles v. Gill; 16th July 1847, Taylor v. Scott; 13th Feb. 1848, Taylor v. Hutchison. Receipts. Any writing signifying the payment of money operating as a discharge, requires a receipt-stamp. The words "settled" or "paid" amount to a receipt, and so also does any memorandum discharging a claim, although no money pass at the time. Receipts of money in loan and not in payment of debt are acknowledgments, and not receipts requiring stamps. A statement of accounts made up at one time does not require stamps to prove the receipt of the sums credited. But a stamp is necessary where the entries are made at the different times when the payments were severally made. Acknowledgments of the correctness of accounts are not receipts. Held that a writing to the effect" Received from A. B., L.186," was an acknowledgment of debt, and did not require a stamp; 13th June 1837, Allan. An acknowledgment of a sum, being balance of bills between certain dates, held not to require a stamp; House of Lords, 27th March 1849, Ross. A receipt for a cargo of coals, to be paid at a certain date and at a certain rate, is a missive of sale, not requiring a stamp; 20th July 1848, M'Gregor. See Tilsley On Stamp Laws (1850.) STATUTE LABOUR ACT. See Highways, supra, p. 504. STATUTE LAW. That of Scotland commences with the reign of the first James, and continues to the Union in 1707, and afterwards is contained in acts of the Imperial Parliament relating to Scotland. Many British Statutes also extend to Scotland. The following rules of interpretation may be found useful : 1. Statutes do not alter the common law farther than the words expressly declare ; Arthur v. Boxenham, 11 Mod. 150. 2. The title of an Act, its punctuation, and divisions into sections, form no part of the law; but the first may be looked at in support of particular constructions, and the latter sometimes affects the construction. Barrington On Statutes, 337. 3. The preamble cannot control the enacting clauses, if clear, but "may be a key to open the understanding thereof."—(Sir E. Coke.) "The preamble may restrain the enactment."-Per Lord Denman. "The enactments may go beyond the preamble, but must be confined to the plain object and intention, as shown by the preamble."-Per Lord Tenterden. Lofft, 783. 4. The whole Act must be read in construing a particular clause-a rule that Justices ought ever to observe, and by neglect of which much confusion and trouble has been occasioned. Several Acts on the same subject must be read as one; Rex v. Palmer, 1 Leach, 352. 5. When provisions are merely matters of direction, an omission thereof is not a nullity, unless it be made imperative by the words added “in default thereof, such Act or proceeding shall be null and void;" or that the words are negative, “shall not do" or where the word directing is "shall" (not shall and may.) In all these cases the clause is made imperative; and if the thing ordered is omitted, the Act itself is invalid; Rex v. Leicester (Justices), 7 B. and C. 12. 6. An Act obtained on petition is a private Act, and the clause declaring it a public Act, is only to save the expense of proving it by an attested copy. 7. Acts of Parliament for private companies are parliamentary contracts, interpreted strictly against the promoters, and liberally for the public, as the company had the making of their own terms; Lofft, 438, 491, Scales, 4 Bing. 448. 8. Generally, provisions ought to be construed in the ordinary sense of the words, unless these be contrary to the declared intention of the law. 9. Remedial Acts to correct certain evils may be extended to other similar cases, unless existing under a positive law; Stamford v. Sinclair, 9 M. 379. 10. Penal Statutes are strictly interpreted. Where an offence was previously punishable, the particular remedy does not take away the former remedy, unless so expressed. But offences created by Statute can only be punished in the manner directed by the Statute; Churchill, 5 Bing. 177; R. v. Hares, 4 T. R. 205. 11. Where a Statute commands or prohibits anything of public concern, a person guilty of disobedience is liable to be indicted for the disobedience; Hawkins' Pleas of the Crown, B. 1, c. 22, s. 5, and Bac. Ab. ; R. v. Buchanan, 8 Q. B. 887. 12. "The true rule for the construction of a Statute in my opinion is that laid down by Justice Burton, in Warburton v. Loveland, and stated by Mr Baron Park, in Meison v. Welsby, 193-that Courts ought to adhere to the ordinary meaning of the words used, and to the grammatical construction, unless that is at variance with the intention of the Legislature, to be collected from the Statute itself, or lead to any manifest absurdity or repugnance; in which case the language may be varied or modified, so as to avoid such incongruity, and no farther."-Per Baron Martin, 12th Feb. 1851, Reg. v. Birds.-Crim. Law Cases, by E. Cox, N. L. 13. "The rule for the construction of Acts of Parliament is, that they should be construed according to the intent of the Parliament which passed the Act. If the words of the Statute are of themselves precise and unambiguous, then no more can be necessary than is expressed by these words in their natural and ordinary sense. The words themselves do in such case best declare the intention of the Legislature." -By the Judges in the Sussex Peerage, 11 C. and F. 85. 14. The County Court Act gives power to award costs on an award above and below L.5, under certain conditions, but leaves an award of L.5 unprovided for. An award of L.5 was given, and it was objected that costs could not be awarded, because the award must be something more than L.5 to carry costs, and something less to enable the Judge to certify for costs; and though it was admitted that the intention was clear, yet Courts do not amend the errors of the Legislature. By Baron Park,-"The ordinary rule is, that where such construction would lead to an obvious repugnancy or absurdity, the literal meaning must be modified." B. Platt, "Acts of Parliament must be construed with a candid mind, and with an intention to understand them. If the Legislature had seen fit to employ four words instead of nine, the present difficulty would not have occurred." B. Martin,-"I think you should read an Act of Parliament for the purpose of understanding it;" Crake v. Powel, 21 L. J. Q. B. 138; Garby v. Harris, Ex. 160. 15. Lord Campbell, in Newman v. Busham, 21 Law J. Q. B. 139, thus referred to a decision of the Irish Law Court,-" In considering questions arising on Statutes, or on the great principles of jurisprudence which we have to interpret in common, I will take it upon myself to say that we shall always be pleased to have assistance from the decisions of our learned brethren in Ireland; and that we shall treat with the same deference a judgment pronounced in any of the four Courts in Dublin as if it had been pronounced in Westminster Hall." Per Lord Justice-General (Boyle), in case (17th Jan. 1852), Fraser,-“The decisions of the English Judges on the Pawnbrokers' Act are just as binding on the Judges of this Court as their own decisions." Some instances are commonly reported of absurdity in Acts of Parliament. It is mentioned that an Act was passed for erecting a new county prison with provisions that the materials of the old prison were to be applied in the erection of the new one, and that the prisoners were to be detained in the former until the erection of the new prison. In another instance the punishment of ten years' transportation was provided for an offence-one-half to the informer and the other half to the King. The punishment had been changed from a pecuniary penalty to transportation without the necessary change of the words applicable only to the former mode of punishment. An Act was passed to regulate the trade in madder, but which was found a nullity from the circumstance that the word madder did not once occur in the Statute. The Act introducing custom on coals in the port of London, was passed under the title of an "Act to relieve orphans in London.” INDEX OF STATUTES. The following Index of Statutes contains those of most frequent reference. Where the Statute is to be found in this work, the page is generally stated. Act of Grace-1696, c. 32, amended by 6 Geo. IV. c. 62 (1825); 7 and 8 Vict. c. 34, s. 13 (1844.) Acts of Parliament (shortening of)-13 and 14 Vict. c. 21 (1850.) Adjudications-1672, c. 19; 10 and 11 Vict. c. 48 (1847); 10 and 11 Vict. c. 49 (1847). Admiralty Court (abolition of)—1 Will. IV. c. 69 (1830); 1 and 2 Vict. c. 119 (1838); 13 and 14 Vict. c. 36, s. 24 (1850.) Advertisement-Duty (repealed)-16 and 17 Vict. c. 63 (1853.) Advocation and Suspension-1 and 2 Vict. c. 86 (1838). Alien Acts-6 Will. IV. c. 11 (1836); 7 and 8 Vict. c. 66 (1844); 10 and 11 Vict. c. 83; 11 and 12 Vict. c. 20. Anatomy Acts-2 and 3 Will. IV. c. 75; 4 and 5 Will. IV. c. 26. Apparent Heir-1661, c. 24; 1695, c. 24. Appeal to Circuit Court-20 Geo. II. c. 43 (1747); 31 Geo. II. c. 42; 54 Geo. III. c. 67. Appeal to House of Lords-6 Geo. IV. c. 120, s. 68 (1825.) Apportionment of Rents-4 and 5 Will. IV. c. 22 (1834). Apprentices-4 Geo. IV. c. 29 (1823) supra, p. 24. 4 Geo. IV. c. 34 (1823), supra, p. 610. Chimney Sweeps, 3 and 4 Vict. c. 85 (1840.) in Collieries, 5 and 6 Vict. c. 99 (1842.) Arrestment of Wages-1 Vict. c. 41, s. 7 (1837); 8 and 9 Vict. c. 39 (1845.) Art Unions-9 and 10 Vict. c. 48 (1846.) Assault, aggravated-10 Geo. IV. c. 38 (1829.) Auctioneers 8 and 9 Vict. c. 76 (1845.) Bail (Post-office Offences)-6 Will. IV. c. 21 (1836.) Bankrupt-1621, c. 18; 1696, c. 5; 54 Geo. III. c. 137 (1814); 2 and 3 Vict. Banks (Joint Stock)-17 and 18 Vict. c. 73 (1854). Bank Notes. See Forgery. Banks-5 Geo. III. c. 49; 7 Geo. IV. c. 38 and 67; 4 Will. IV. c. 83; 4 and 5 Battery, pendente lite-7 Geo. IV. c. 19. Bastard's Testaments-6 Will. IV. c. 22 (1836.) Bigamy-1551, c. 19. Bills (negotiation)-12 Geo. III. c. 72; 23 Geo. III. c. 18, s. 55. Bread Act-6 and 7 Will. IV. c. 37 (1836), supra, p. 92. Bribery-49 Geo. III. c. 118; 4 and 5 Vict. c. 57 (1841); 17 and 18 Vict. c. 102(1854). Calendar (regulating New Style)-24 Geo. II. c. 25; 25 Geo. II. c. 30; 24 Geo. Capital Sentences-1 Will. IV. c. 37; 4 and 5 Will. IV. c. 26. Carriers-11 Geo. IV. and 1 Will. IV. c. 68 (1830.) Census-13 and 14 Vict. c. 53 (1850.) Cessio 6 and 7 Will. IV. c. 56 (1836.) Charges to enter Heir-10 and 11 Vict. c. 48, s. 16, and 10 and 11 Vict. c. 49, Chimneys-3 and 4 Vict. c. 85 (1840), supra, p. 130. Churches (Sites)-13 Vict. c. 13 (1850.) Citation of Witnesses and Jurors-1 Will. IV. c. 37, s. 7 (1830.) Coal Mines and Colliers-15 Geo. III. c. 28; 39 Geo. III. c. 56; 5 and 6 Vict. c. 99 (1842), supra, p. 124; 13 and 14 Vict. c. 100 (1850.) Coin-defacing-16 and 17 Vict. c. 102 (1853.) Coining-2 Will. IV. c. 34 (1832.) Combination-6 Geo. IV. c. 129 (1825), supra, p. 148. Commissaries-4 Geo. IV. c. 97 (1823); 1 Will. IV. c. 69; 6 and 7. Will. IV. Commonty-1695, c. 38. Companies' Clauses Consolidation Act—8 Vict. c. 17 (1845.) Confirmation of Executors-4 Geo. IV. c. 98. Confirmation by Superior-10 and 11 Vict. c. 48, s. 6 (1847.) (Police)-2 and 3 Vict. c. 65 (1839), supra, p. 173. Copyright-8 Anne, c. 19; 54 Geo. III. c. 156; 6 and 7 Will. IV. c. 110; 5 and Copyright (Colonies)—15 Vict. c. 12 (1852.) County and Stewartry-1 Vict. c. 39 (1837.) Court of Session-11 Geo. IV. and 1 Will. IV. c. 69; 2 Will. IV. c. 5; 1 and 2 Court of Justiciary-6 Geo. IV. c. 22; 9 Geo. IV. c. 29 (1828); 10 Geo. IV. Crown Charters-10 and 11 Vict. c. 51 (1847.) Cruelty to Animals-13 Vict. c. 92 (1850), supra, p. 242; 17 and 18 Vict. c. 60 Cursing and Beating Parents-1661, c. 20. Customs-Consolidation-Acts-8 and 9 Vict. c. 84 to c. 94 inclusive; 16 and 17 Debating Societies-39 Geo. III. c. 79; 52 Geo. III. c. 104. Designs-5 and 6 Vict. c. 100 (1842); 6 and 7 Vict. c. 65 (1845); 13 and 14 Dovecots-1617, c. 19; 1661, c. 38. Draining-9 and 10 Vict. c. 101 (1846); 11 and 12 Vict. c. 119; 12 and 13 Drilling (Illegal)-60 Geo. III. c. 1 (1819); 1 Geo. IV. c. 1; 7 Will. IV. and Election Laws (Peers)-10 and 11 Vict. c. 52 (1847); 14 and 15 Vict. c. 87 (Commons) 2 and 3 Will. IV. c. 65 (1832); 4 and 5 Will. IV. Embezzlement-17 Geo. III. c. 56 (1777), supra, p. 298. Engravings and Prints-8 Geo. II. c. 13; 7 Geo. III. c. 38; 17 Geo. III. c. 57. Episcopalians 10 Anne, c. 7; 19 Geo. II. c. 38; 21 Geo. II. c. 34; 32 Geo. III. Erasures in Seisins-6 and 7 Will. IV. c. 33. Evidence Acts-3 and 4 Vict. c. 59 (1840); 15 Vict. c. 27 (1852); 16 Vict. c. Excambion of Entailed Lands-10 Geo. III. c. 51; 6 and 7 Will. IV. c. 42; 11 Exchequer Court-2 Will. IV. c. 54; 3 Will. IV. c. 13; 3 and 4 Will. IV. c. 46; Excise (General Regulation Acts)-7 and 8 Geo. IV. c. 53 (1827); 4 and 5 Exclusive Privileges in Burghs-abolished by 9 Vict, c. 17 (1846.) Executions, Officers (Civil)-1 and 2 Vict. c. 119, s. 23 (1838); 1 and 2 Vict. Executors-4 Geo. IV. c. 98. Factories Act-3 and 4 Will. IV. c. 103 (1833), supra, p. 352; 7 Vict c. 15 Factors, Judicial-12 and 13 Vict. c. 51 (1849.) Ferries 8 and 9 Vict. c. 41 (1845), supra, p. 504. Fire-raising (Ships)-29 Geo. III. c. 46. Fisheries (Deep Sea)-13 and 14 Vict. c. 80 (1850); 14 and 15 Vict. c. 26. Fishing (Salmon)-9 Geo. IV. c. 39 (1828), supra, p. 900; 7 and 8 Vict. c. 95 (Trout)-8 and 9 Vict. c. 26 (1845), supra, p. 399. (Lobster)-9 Geo. II. c. 33. (Oysters)-3 and 4 Vict. c. 74 (1840.) (Mussels)-10 and 11 Vict. c. 92 (1847.) (Whales)-26 Geo. III. c. 41; 42 Geo. III. c. 2. Forgery (Bank-notes)-41 Geo. III. c. 57; 43 Geo. III. c. 129; 16 Vict. c. 2 (1852.) (Stamps)-12 Geo. III. c. 48. (Bills)-45 Geo. III. c. 89. |