JB/109/267/001

Click Here To Edit

1827. July 20.
Collectanea
Law Taxes

(5.)

the most anomalous and is the tax upon
arbitrations. If as we sometimes hear, it be sound
doctrine that litigation ought to be discouraged by
rendering it expensive – a doctrine which certainly
does not rank among intuition truths – it shd
seem to follow that the extra judicial adjustment of
disputes ought to be encouraged by removing every obstacle
to arbitrations – especially in the shape of expense.
The stamps upon a submission or contract of arbitration
in Scotland, and the arbiter's award, require
stamps which cost above £3; and if to this be added
the expense of preparing and writing these deeds,
and recording the decree – arbitral, the sum total will,
on an average, be found to amount to nearly £10-
exclusive of all payments to arbiters, or to agents, for
professional assistance – yet, without these stamps
and formalities, the arbitration and reward are, in
point of law,, utterly nugatory. This is evidently a great
grievance. Surely, this is a tax which ought to be entirely
removed – because it is a hindrance to amicable
and quiet discussions of debatable matters between
man and man, and forces parties often to resort to
Courts of Law, as less expensive even than arbitrations. If forms of submissions, framed under the sanction
of an act of Parliament, were printed and
the parties names merely filled up in writing,
and the stamp duties on them abolished the whole
expense ought not to exceed half a crown: and
the amend, written briefly on the back of the submission,
might, by statute, be rendered as effectual
a warrant for diligence to enforce execution, as
the extract of a decree arbitral recorded in the book
of Council and Session.

Identifier: | JB/109/267/001 "JB/" can not be assigned to a declared number type with value 109.
Date_1	1827-06-20	Marginal Summary Numbering
Box	109	Main Headings	Procedure Code
Folio number	267	Info in main headings field	Collectanea
Image	001	Titles
Category	Collectanea	Number of Pages	1
Recto/Verso	recto	Page Numbering	C5
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Admiral Pavel Chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	35922
Box Contents