350
Obliteration of
used.
THE HONGKONG GOVERNMENT GAZETTE, 25TH AUGUST, 1866.
XI. In any case where an adhesive Stamp shall be used as hereinbefore authorized adhesive Stamps when the Person making the Deed, Instrument or Writing to which such Stamp is affixed shall before the Deed, Instrument or Writing shall be delivered out of his hands, custody or power, cancel the Stamp so used by writing thereon his Name or the Initial Letters of his Name or in such other manner as to show that such Stamp has been made use of, and so that the same shall not admit of being used again; and if who shall write or give any Receipt or discharge, or make or sign any Draft or Order or any other Deed, Instrument or Writing with an adhesive Stamp thereon when a adhesive Stamp is allowed to be used, shall not bona fide in manner aforesaid cancel such Stamp, he shall forfeit a sum not exceeding Fifty Dollars..
Stamps on Bills of Exchange, &c.
Bills purporting to be drawn abroad deemed
any
Person
XII. The Duty imposed by this Ordinance on Foreign Bills of Exchange shall be paid on account of all Bills drawn within but payable out of the Colony, and on account of all Bills drawn out of the Colony which shall be accepted, endorsed, transferred, paid or otherwise negotiated within the Colony wheresoever the same may be payable; and the Duty so imposed on Bills drawn out of the Colony may be denoted by adhesive Stamps to be affixed to such Bills as hereinafter directed.'
XIII. Every Bill of Exchange which shall purport to be drawn at any Place out for the purposes of this of the Colony shall for all the purposes of this Ordinance be deemed to be a Foreign Bill of Exchange drawn out of the Colony and shall be chargeable with Stamp Duty accordingly, notwithstanding that in fact the same shall have been drawn within the Colony.
Ordinance to be so drawn.
The Holder of a Bill drawn out of the Colony to affix an Adhesive Stamp hereon before
uegotiating it.
Penalty for
negotiating such Bill without a Stamp affixed or for
neglecting to cancel
such Stamp.
Penalty for drawing Bills or executing Policies of Marine
XIV. The holder of any Bill of Exchange drawn out of the Colony and not having a proper Stamp affixed thereon as herein directed, whether the same be a single Bill or one of a set of two or more Bills shall, before he shall present the same for acceptance or for payment, or endorse, transfer or in any manner negotiate such Bill, affix thereto a proper adhesive Stamp for denoting the Duty of this Ordinance, charged on the amount of such Bill when drawn singly, and the Person who shall present such Bill for acceptance or payment, or who shall endorse, transfer or in any manner negotiate such Bill shall, before he shall deliver the same out of his hands, custody or power, câncei the Stamp so affixed by writing across the Bill as his Endorsement, his Name or the Name of his Firm, and the Date of the Day and Year on which he shall so write the sane or by affixing thereon or across the same the Seal or Mark which he is in the habit of using or in such manner as to show that the Stamp has been made use of, and so that the same shall not admit of being used again; and if any Person shall present for acceptance or for payment, or shall accept, pay or endorse, transfer or in any manner negotiate any such Bill as aforesaid, whereon there shall not be such adhesive Stamp as aforesaid duly affixed, or if any Person who ought, as directed by this Ordinance, to cancel such Stamp in manner aforesaid, shall refuse or neglect so to do, every such Person so offending in any such case shall be liable to the penalty prescribed in Section VII of this Ordinance, and no Person who shall take or receive from any other Person any such Bill as aforesaid, either in payment or as a security or by purchase, or otherwise shall be entitled to recover thereon, or to make the same available for any purpose whatever, unless the time when he shall so take or receive such' Bill, there shall be such Stamp as aforesaid affixed thereto and cancelled in the manner thereb directed.
XV. If any Person shall within the Colony draw any Bill of Exchange or execute any Policy of Marine Insurance, purporting to be drawn in a set of two or more, and Insurance purporting shall not at the same time, on Paper duly Stamped as required by this Ordinance, dra
the whole number of Bills of which such Bill purports the set to consist, or execute the drawing or executing two or more numbers of which such Policy purports the set to consist, he shall forfe
a sum not exceeding Five hundred Dollars.
to be drawn in a set of two or more and not
the whole number of the set.
Penalty for drawing, &c., post-dated Bills of Exchange.
Effect of a writing not duly stamped.
XVI. If any Person, in order to avoid the payment of the Duty prescribed 1. the Schedule annexed to this Ordinance, shall make or draw any Bill of Exchang bearing a Date subsequent to the Date on which such Bill is actually made or draw or if any Person knowing that such Bill has been so post-dated, shall take or receive such Bill, or shall accept, pay, endorse, transfer or in any manner negotiate the sam every such Person so offending shall forfeit a sum not exceeding Two hundred at Fifty Dollars.
XVII. Except as otherwise provided by this Ordinance, no Deed, Instrument Writing for which any Duty shall be payable under this Ordinance shall be received 2 creating, transferring or extinguishing any right or obligation, or as evidence in a Civil Proceeding in any Court of Justice in the Colony, or shall be acted upon
in a