35 G.3. c.63.

$8.

39 & 40 G. 3.

⚫ relating thereto :' May it therefore please Your Majefty that it may be enacted; and be it enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That, from and after the paffing of this Act, all the Provifions contained in an A&t of the Thirty fifth Year of His Majefty's Reign, intituled An A&t for granting to His Majefty certain Stamp Duties on Sea Infurances, and in any fubfequent Act or Acts for the Allowance and Exchange of Stamps on Policies of Infurance in Great Britain, as being fpoiled or mifufed, fhall be and the fame are hereby repealed; and that it fhall be lawful Allowance made for the Commiffioners of Stamps to allow as fpoiled or mifufed in following and to cancel Stamps on Policies of Infurance in Great Britain in the following cafes, and upon the following Terms and Conditions only; that is to say:

First, Where a Policy fhall be inadvertently filled up in an incorrect or improper manner, or be obliterated or otherwise spoiled and rendered unfit for Ufe, or fhall be filled up for fome Infurance which fhall not be proceeded in, and the fame fhall not be figned by any Underwriter, provided Application fhall be made for the Allowance within Six Calendar Months after the paffing of this Act, or after fuch Policy shall be spoiled or become ufelefs:

Secondly, Where a Policy fhall be underwritten, but not to the full Amount of the Sum which the Stamp Duty thereon will cover, and another Policy fhall be produced underwritten in lieu thereof, by the fame Perfons, to the fame Amount, on the fame Property or Intereft, and for the fame Rifk in all refpects, provided Application fhall be made for the Allowance within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the Date of the laft Subfcription on the First Policy:

c. 72. § II. repealed.

cafes :

1. Where

Policy is fpoiled, without being underwritten.

2. Where

Policy is underwritten, but not Stamp Duty.

to full extent of

Policy.

Thirdly, Where a Policy fhall be underwritten, and there fhall 3. Where Error afterwards be found any Error or Mistake therein, fo that the In- or Mistake in furance intended fhall not be thereby effected, and another Policy fhall be produced underwritten in lieu thereof by the fame Perfons, in which the Error or Mistake fhall be rectified, provided the Underwriters fhall fign a Declaration that the Infurance made by the First Policy is cancelled, and the Premium returned on that Ground only, and provided fatisfactory Proof shall be given of the Error or Mistake, and that the new Policy fhall be underwritten before Notice of the Termination of the Rifk firft infured, and provided Application fhall be made for the Allowance within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the Date of the laft Subfcription on the First Policy:

Fourthly, Where a Policy fhall be underwritten, and the Terms and Conditions of the Infurance fhall afterwards be agreed to be altered and another Policy fhall be produced underwritten in lieu thereof, by the fame Perfons, to the fame Amount, on the fame Property or Intereft, and with fuch Alteration in the Terms and Condi tions of the Infurance as may have been agreed upon; provided the Underwriters fhall fign a Declaration that the Infurance made by the First Policy is cancelled, and the Premium returned on that Ground only, and provided the new Policy fhall be underwritten before Notice of the Termination of the Rifk originally infured, and the thing infured fhall remain the Property of the fame Perfon or Perfons, and

provided

4. Where

Terms and Conditions of Policy agreed to be

altered.

5. Where Policy is underwritten fubject to Approbation and difapproved.

6. Where after Infurance made,

there turns out to be No Risk or No Interest.

Allowance when applied for.

In foregoing cafes other

A.D. 1814. provided Application fhall be made for the Allowance within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the Date of the laft Subscription on the First Policy:

Fifthly, Where a Policy fhall be underwritten, and the Infurance fhall be made fubject to the Approbation of the Infured, and fuch Condition fhall be expreffed in the Policy, and the Infured fhall fignify his or their Difapprobation thereof within the time to be prefcribed for that Purpose in and by the Policy, provided all the Underwriters on fuch Policy (except fuch as may be deceased, or have become bankrupt or infane, or have departed out of the Realm) fhall fign a Declaration that the Infurance is cancelled and the Premium returned on that Ground only, and provided Application fhall be made for the Allowance within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the time so prescribed for Difapprobation :

Sixthly, Where Infurance shall be made upon any Ship or Ships, or upon any Goods or other Property on board any Ship or Ships, or upon the Freight of any Ship or Ships, or upon any other Întereft in or relating to any Ship or Ships, for a particular Voyage, and the Ship or Ships fhall not proceed at all upon the Voyage fpecified, or fhall not proceed thereon at or within the time specified, if any, and also where Insurance shall be made upon Goods or other Property on board any Ship or Ships, or upon any Interest in or relating to any Ship or Ships, for or upon a particular Voyage, and the Goods or Property intended to be infured fhall not be shipped at all, or not within the time specified, or not on board the Ship or Ships named or defcribed, or it fhall turn out that the Infured had not the Intereft intended to be infured; provided in all these cafes, that all the Underwriters (except fuch as may be deceased, or have become bankrupt or infane, or have departed out of the Realm) fhall fign a Declaration that the Infurance is cancelled, and the Premium returned for fome or one of the Reasons here specified, and provided Application fhall be made for the Allowance within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the Insured, if in Great Britain, or his or their Broker or Agent, if the Infured be out of Great Britain, shall know the Facts upon which the Allowance is hereby authorized to be made; but no Allowance of the Duty fhall be made in any of these cafes, if the Underwriters fhall have run any Risk whatever under the Policy brought for Allowance, unlefs another Policy fhall be produced, whereby the fame Property or Intereft fhall be infured to the fame Amount for or upon fome other Voyage, or for or upon the fame Voyage to be performed at fome other time:

And upon the Allowance of any Stamps or Policies of Infurance as fpoiled or mifufed in the feveral cafes aforefaid, the Commissioners Stamps given in of Stamps fhall give the Party delivering up fuch Policies to be cancelled, other Policy Stamps of the fame Amount or Value in lieu

lieu of those

allowed.

2d, 3d and 4th cafes provided

for.

thereof.

II. Provided always, and be it further enacted, That if in the Second, Third or Fourth cafe, hereinbefore provided for, fome only of the Underwriters on the Policy brought for Allowance, fhall have underwritten another Policy in lieu thereof, it shall nevertheless be lawful for the faid Commiffioners to make fuch Allowance as aforefaid, for the Amount of the Stamp Duty on the First Policy, except

fo much thereof as shall be due for or in respect of the Sum or Sums not transferred to the Second Policy; and if it fhall appear to the Satisfaction of the faid Commiffioners, that any legal Proceedings are intended to be inftituted by or on behalf of the Infured, in respect of any Sum or Sums underwritten on the First Policy, and not transferred to the Second, which may require the Production of the First Policy, it fhall be lawful for the faid Commiffioners to cancel and expunge the Stamp thereon, and to substitute another Stamp for denoting only the Duty payable in refpect of the Sum or Sums not transferred as aforefaid, and thereupon to redeliver the fame to the Infured or his or their Broker or Agent.

III. Provided alfo, and be it further enacted, That if in the cafe of a Policy being underwritten, but not to the full Amount of the Sum, which the Stamp Duty thereon will cover, it shall be found inconvenient to get another Policy underwritten in lieu thereof, and the fame fhall be brought to the faid Commiffioners within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the Date of the laft Subscription thereon, it shall be lawful for the faid Commiffioners to cancel and expunge the Stamp on fuch Policy, and to substitute another Stamp for denoting only the Duty, payable in refpect of the Sum or Sums underwritten thereon, and to give another Policy Stamp or Stamps of an Amount or Value equal to the Difference between the Stamp cancelled and the Stamp fubftituted for the fame.

IV. And be it further enacted, That where Insurance shall be made on any Ship or Ships, or on Goods or other Property on board any Ship or Ships, or on the Freight of or other Intereft in or relating to any Ship or Ships, and the Sum infured on the Account of any One Perfon, or on the joint Account of Two or more Perfons, fhall be found to exceed the Value of his, her or their Property or Interest, by the Sum of One thousand Pounds, where the Duty shall be at the Rate of One Shilling and Three pence per Centum, or by the Sum of Five hundred Pounds, where the Duty fhall be at the Rate of Two Shillings and Six pence per Centum, or above, it shall be lawful for the Commiffioners of Stamps to make an Allowance for fo much of the Stamp Duty on the Policy whereby fuch Infurance fhall be made, as shall exceed the Duty payable in respect of the Value of the Property or Intereft on which the Risk shall have attached on the Policy being delivered up to be cancelled, and Proof being made to the Satisfaction of the faid Commiffioners, of the Value of fuch Property or Intereft, and provided all the Underwriters (except such as may be deceased, or have become bankrupt or infane, or have departed out of the Realm) fhall fign a Declaration that the Premium is returned on account of fhort Intereft, in refpect of their feveral Proportions of the Excefs of the Sum infured beyond the Value of fuch Property or Intereft, and provided Application fhall be made for the Allowance, within Six Calendar Months after the paffing of this Act, or Three Calendar Months after the Value of fuch Interest or Property shall be known to the Infured, if in Great Britain, or to his or their Broker or Agent, if out of Great Britain; and the faid Commiffioners fhall deliver other Policy Stamps for the Amount of the Duty fo to be allowed as last mentioned; but no fuch Allowance fhall be made on account of fhort Intereft in any cafe where the Property or Intereft infured fhall be exprefsly valued at the Sum infured

thereon,

thereon, in and by the Policy whereby the Infurance fhall be made.

V. Provided always, and be it further enacted, That no fuch Allowance as aforefaid fhall be made in any of the cafes hereinbefore mentioned, if the Policy brought for Allowance fhall appear to be un derwritten to a greater Amount than the Stamp Duty thereon will

cover.

VI. Provided also, and be it further enacted, That it shall be lawful for the faid Commiffioners to make fuch Allowance as aforefaid, where a Policy shall be underwritten to a greater Amount than the Stamp Duty thereon will cover, after the Expiration of Six Calendar Months from the paffing of this Act, provided the fame fhall be proved to have been done inadvertently, and provided another Policy duly ftamped fhall be underwritten in lieu thereof, by the fame Perfons, to the fame Amount, on the fame Property or Intereft, and for the fame Rifk in all refpects, within Three Days afterwards, and Application fhall be made for the Allowance within Seven Office Days after the Date of the laft Subfcription on the Policy on which too much fhall have been underwritten; and in cafe only fome of the Underwriters can be procured to underwrite another Policy in lieu thereof, within the time hereby limited, it shall be lawful for the said Commiffioners to make fuch Allowance as aforefaid, for the Amount of the Stamp Duty on the First Policy, except fo much thereof as fhall be due for or in respect of the Sum or Sums not transferred to the Policy underwritten in lieu thereof (provided Application be made within the faid Seven Days), and to cancel and expunge the Stamp thereon, and to fubftitute another Stamp, for denoting only the Duty payable in refpect of the Sum or Sums not transferred as aforefaid, and thereupon to redeliver the fame to the Infured, or his or their Broker or Agent: And if it fhall be deemed inconvenient to get another Policy underwritten in lieu of any Policy which shall be underwritten to a greater Amount than the Stamp Duty thereon will cover, and the fame shall be brought to the faid Commiffioners within Three Office Days after the Date of the laft Subfcription thereon, and the proper Duty fhall be then paid in refpect of the Sum or Sums underwritten beyond what shall be covered by the Stamp Duty thereon, it fhall be lawful for the faid Commiffioners to put an additional Stamp on fuch Policy, for denoting the Duty then to be paid, which additional Stamp fhall render the fame valid: and where any Policy fhall have been underwritten to a greater Amount than the Stamp Duty thereon will cover, at any time before the paffing of this Act, or within Six Calendar Months afterwards, it shall be lawful for the faid Commiffioners to make fuch Allowance in refpect thereof, as they are authorized to make in fuch cases by any Act or Acts now in force.

VII. And be it further enacted, That no fuch Allowance of Stamp Duty as aforefaid fhall be made, in any case, where it is to depend on the Condition of the Underwriters figning a Declaration of the Return of Premium, unless the Underwriters fhall fign.fuch Declaration with their Surnames at length, and not with their Initials. only as heretofore accustomed; and if any Underwriter fhall agree to return the Premium on any Policy of Insurance, and shall refuse to fign fuch Declaration in the manner hereby required, he fhall, for every fuch Offence, forfeit the Sum of Fifty Pounds, to be paid

to His Majesty, his Heirs or Succeffors, and to be recovered in the fame manner as other Penalties impofed by any of the Laws now in force relating to Stamp Duties.

VIII. And be it further enacted, 'That where the Allowance of Allowances Stamp Duty, in any of the cases aforefaid, shall depend on the Con- made, though dition of the Underwriters figning a Declaration of the Return of Part of PrePremium, it fhall be fufficient if the Declaration fhall certify the mium retained for Brokerage Return of the fame, with an Exception of One Shilling in the Pound or Trouble. or Guinea, for the Broker's Commiffion, and of any further Sum not exceeding One Half per Centum on the Sum infured, which may be agreed to be retained in Confideration only of the Trouble given to the Underwriters, and not of any Risk actually incurred by them.

Return of

IX. And be it further enacted, That if any Underwriter fhall Underwriters knowingly and wilfully fign any falfe Declaration of the Grounds figning falfe on which the Premium on any Policy of Infurance, or any Part Declaration of thereof, fhall be returned, or any falfe Declaration of the Quantity Premium. of Premium returned, in any of the cafes hereinbefore mentioned; he fhall, for every fuch Offence, forfeit the Sum of One hundred Pounds, Penalty. to be paid to His Majefty, his Heirs or Succeffors, and to be reco vered in the fame manner as other Penalties impofed by any of the Laws now in force relating to Stamp Duties.

turn of Pre

X. And be it further enacted, That if any Perfon fhall forge or Forging, &c. or counterfeit, or caufe or procure to be forged or counterfeited, or altering,&c. De. willingly aid or affift in the forging or counterfeiting of the Name claration of Reor Hand Writing of any Underwriter on any Policy of Infurance, to any Declaration of any Return of the Premium on fuch Policy or any Part thereof, or fhall fraudulently alter, or cause or procure to be altered, or aid or affift in altering any fuch Declaration, after the fame fhall have been figned by any Underwriter, or fhall utter or make ufe of any fuch Declaration, knowing the fame to have been fraudulently altered, or the Name or Handwriting of any Underwriter to have been forged or counterfeited thereon, for the Purpose of obtaining any fuch Allowance as aforefaid, and with Intent to defraud His Majefty, his Heirs or Succeffors; every Perfon fo First Offence. offending fhall, for the First Offence, forfeit the Sum of Five hundred Pounds, to be paid to His Majefty, his Heirs or Succeffors, and to be recovered in the fame manner as other Penalties impofed by any

of the Laws now in force relating to Stamp Duties; and for the Second Offence. Second and every other Offence fhall be adjudged guilty of Felony,

and fhall be transported for Seven Years to Parts beyond the Seas.

quire Affidavits

and written Do cuments in Sup port of Claims;

XI. And be it further enacted, That it fhall be lawful for the Commiflioners Commiffioners of Stamps to make fuch Rules and Regulations, and of Stamps may to require Affidavits or folemn Affirmations in the cafe of Quakers, make Regulaof all fuch Facts and Circumftances, in regard to the Allowance of tions, and respoiled or mifufed Stamps, in the feveral cafes provided for by this Act, as they shall in their Difcretion judge neceffary or expedient, for the Purpofe of preventing Frauds and Evasions; fuch Affidavits or Affirmations to be made before the faid Commiffioners, or any One or more of them, or before any Perfon authorized by them or the major Part of them in that behalf, or before a Mafter in Chancery, Ordinary or Extraordinary, in England, or before any Perfon duly commiffioned to take Affidavits by the Court of Seffion, or the Court of Exchequer in Scotland, who are hereby respectively authorized to take the fame and adminifter the proper Oath or Affirmation for that f54 GEO. III.

Y Y

Purpose