9:30
Expense of providing
receipt, stamps &c.
Effect of provision
contained in the schedules.
[See Ord. No. 5 of 1868 sec. 4.]
Governor in Council may lower rates of stamp duty or altogether
exempt the same, &c.
* [See Bid.]
Renewal of damaged or spoiled stamps.
ORDINANCE No. 12 of 1866.
Stamp.
23. Every person receiving payment of any sum of money the receipt for which under this Ordinance requires a stamp shall [(if required): Repealed by Ordinance No. 5 of 1868] give a receipt bearing the stamp indicated by this Ordinance and shall bear the expense of furnishing the same, and in case of refusal, ["default thereof" as amended by Ordinance No. 5 of 1868] shall be liable to a penalty not exceeding fifty dollars. The expense of providing the stamp of any bill of exchange, or promissory note shall be borne by the person making or drawing or negotiating the same.
24. Every provision contained in the schedule* annexed to this Ordinance shall be of the same force as if it were contained in the body of the Ordinance.
25. The Governor in Council may from time to time by an order to be published in the Government Gazette direct that such lower rates of stamp duty as he shall prescribe shall be taken on all or any of the deeds, instruments or writings specified in the schedule* annexed to this Ordinance or altogether exempt the same and in like manner as occasion shall require cancel or vary such order to the extent of the power hereby given. Such cancelment or variation shall also be notified in the Government Gazette.
26. Clause 1. If any stamp shall have become damaged, spoiled, or unfit for use either by any accident happening to the same or because of some error in the drawing up or copying of any deed, instrument or writing thereupon, which being discovered before such deed, instrument or writing shall be finally signed and executed, renders the same of no avail; or when by reason of the death or refusal of the party whose signature may be necessary to effect the transaction intended by such deed, instrument or writing it remains incomplete and of no avail; or when by the refusal of any office or trust that may be granted by a deed, instrument or writing it has failed of the purpose intended; or if any deed, instrument or writing duly stamped shall not have been finally executed by reason of any accident having happened to the same, or because of some error in the drawing up or copying thereof having been discovered, the same is rendered of no avail; or if by reason of failure of consideration the transaction intended by such deed, instrument or writing cannot be effected, or such transaction has been effected by some other deed, instrument or writing duly stamped or in the case of a promissory note, bill of exchange, or the like if by non-delivery to the payee or person acting on his behalf or from other cause the same is never brought to use and in the case of a bill of exchange other than a bill drawn in sets as provided in this Ordinance if it shall not have been presented for acceptance, in all such cases it shall be competent to the Collector of the Stamp Revenue upon delivery being made of such stamped paper so damaged, spoiled, or rendered unfit for use to cause a similar stamp or stamps of equal value to be delivered to the owner of such stamp so damaged, spoiled, or rendered unfit for use or to his representative, without payment. The provisions of this section shall not extend to any bill of exchange drawn in a set, if any one of such set shall have been delivered to the payee, nor to any adhesive stamp.