The Common Law Procedure Acts of 1852, 1854, and 1860: With Notes and the Forms and Rules, to Which Are Prefixed, or Appended, All the Acts (or Portions of Acts) Relating to Common Law Procedure, or the Trial of Issues of Fact, in the Courts of
The Common Law Procedure Acts of 1852, 1854, and 1860: With Notes and the Forms and Rules, to Which Are Prefixed, or Appended, All the Acts (or Portions of Acts) Relating to Common Law Procedure, or the Trial of Issues of Fact, in the Courts of
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 Excerpt: ... conspiracy (Reg. v. Gompertz, 9 Q. B. 824; 16 L. J., Q. B., 121). So a bill of exchange. to disprove payment (Smaii v. Nohes, 6 M. & G. 411; 13 L. J., C. P., 79). The distinction is whether the document is put in as valid; if so, it must be stamped, as a bill of sale put in to prove a subsequent one to be bond fide ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 Excerpt: ... conspiracy (Reg. v. Gompertz, 9 Q. B. 824; 16 L. J., Q. B., 121). So a bill of exchange. to disprove payment (Smaii v. Nohes, 6 M. & G. 411; 13 L. J., C. P., 79). The distinction is whether the document is put in as valid; if so, it must be stamped, as a bill of sale put in to prove a subsequent one to be bond fide (Williams v. Gerry, 10 M. & W. 296; 11 L. J., Ex., 389). Thus an unstamped agreement can be put in to prove fraud, in an action to recover the money paid under it; and per Pollock, C. B., "an agreement does not require a stamp, unless it is used as and for an agreement " (Holmes v. Sixsmith, 21 L. J., Ex., 312). So a bill of parcels with a receipt held admissible unstamped, to prove that the goods were sold to a third party, not the defendant; i.e., it was not put in as, nor used as, a receipt (Miller v. Dent, 10 Q. B. 846). And the same principle was recoguised by the House of Lords, where a statement of accounts, with an unstamped receipt was held admissible (Mathemn v. Ross, 2 House of Lords' Cases, 28). The test there stated was, that if it would be no benefit to the party putting it in, for the purpose for which he puts it in, though stamped, it is admissible unstamped; or, in other words, that it cannot be put in to establish any point which the document in respect of that which requires a stamp, would Vie nscessary to establish (see Mott v. Twnage, 1 F. & F. 6; Golden v. Taylor, 2 F. & F. 110). If the party has closed his case without the document, the other side must produce it, and so must stamp it (Magnay v. Knight, 1 M. & U. 944). If, again, on non-production of the original stamped, a copy is produced, it may be used without a stamp as such, unless made and authenticated as a copy to be evidence per se a...
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All Editions of The Common Law Procedure Acts of 1852, 1854, and 1860: With Notes and the Forms and Rules, to Which Are Prefixed, or Appended, All the Acts (or Portions of Acts) Relating to Common Law Procedure, or the Trial of Issues of Fact, in the Courts of
