1506
No. 8 of 1921.
STAMP.
Geo. 5, c. 19, s. 42.
23 & 24
Instruments executed out of the Colony.
[cf. 54 & 55 Vict. c. 39, s. 15 (2) (a), (3) (a).]
Schedule.
Foreign bills and notes.
54 & 55 Vict. c. 39, s. 35.
shall not be invalid by reason only that it is not stamped in accordance with the provisions of this Ordinance, and any such bill of exchange or cheque which is unstamped or not properly stamped may be received in evidence on payment of the proper duty and penalties as provided by sections 6 and 16 of this Ordinance.
17. Every instrument executed out of the Colony by any person, not being a bill of exchange or a promissory note, shall, before being used, brought into force or registered, within the Colony, be stamped according to the rate of duty to which it would have been liable if it had been executed in the first instance within the Colony, whatever the provisions of the Schedule may be with regard to the time before which or the period within which such an instrument, if executed in the first instance within the Colony, should be stamped.
18. (1) Every person into whose hands any bill of exchange or promissory note drawn or made out of the Colony comes in the Colony before it is stamped shall, before he presents, for payment, or indorses, transfers or in any manner negotiates or pays the bill or note, affix thereto a proper adhesive stamp or proper adhesive stamps of sufficient amount, and cancel every stamp so affixed thereto:
(2) Provided as follows:
(a) if at the time when any such bill or note comes into the hands of any bonâ fide holder there is affixed thereto an adhesive stamp effectually cancelled, the stamp shall, so far as relates to the holder, be deemed to be duly cancelled, although it may not appear to have been affixed or cancelled by the proper person; and
(b) if at the time when any such bill or note comes into the hands of any bonâ fide holder there is affixed thereto an adhesive stamp not duly cancelled, it shall be competent for the holder to cancel the stamp as if he were the person by whom it was affixed, and upon his so doing the bill or note shall be deemed duly stamped and as valid and available as if the stamp had been cancelled by the person by whom it was affixed.
(3) But neither of the foregoing provisos is to relieve any
* As amended by No. 20 of 1935 [18.4.35] and Law Rev. Ord., 1939, Supp. Sched.