Stamping by special leave 54 & 55 Vict. c. 39, s. 15.
58 & 50 Vic. c. 18, s. 15,
Instruments
10 -
(4.) If it is decided by the court that the assessment of the Collector was erroneous, any excess of duty which may have been paid in conformity with the erroneous assessment, together with any fine or penalty which may have been paid in consequence thereof, shall be ordered by the court to be repaid to the appellant, with or without costs as the court may determine.
(5.) If the assessment of the Collector is confirmed the court may make an order for payment to the Collector of the costs incurred by him in relation to the appeal.
(6.) In this section "the court" means the Supreme Court in its Summary Jurisdiction: provided that the Chief Justice may direct that any appeal under this section shall be heard by the Full Court of two judges.
16.1.) Where an instrument is chargeable with stamp duty under this Ordinance and should have been stamped before a certain event, or before the expiration of a certain period, but has not been so stamped, it shall be lawful for the Collector to give special leave for the stamping of euch instrument if he is satisfied (1) that the omission or neglect to stamp duty did not arise from any intention to evade payment of stamp duty or otherwise to defraud, and (2) that either (a) such omis- sion or neglect arose solely from urgent necessity or unavoidable accident, and that the instrument has been brought to be stamped without delay, or (b) that the circumstances of the case are otherwise so exceptional as to justify special permission being given.
(2) If the Collector grants special leave under the provisions of sub-section (1) of this section for the stamping of any instrument, such instrument may be stamped on payment of the following penalties in addition to the stamp duty
;-
(a) if the instrument is stamped within one month of the point of time before which, or the expiration of period of time within which, it should have been stamped, tho penalty shall be double the amount of defi- cient duty;
(6) if within two months, four times the amount
of deficient duty; and
(c) if after two months, ten times the amount of
deficient duty:
Provided that it shall be lawful for the Collector in his discretion to remit the whole or any part of the penalty provided by this sub-section.
(3.) If any person applying for special leave under this section is dissatisfied with any decision of the Collector upon such application it shall be lawful for such person to require his application to be referred to the Governor in Council whose decision thereon shall be final for all purposes.
(4.) Upon any application for special leave under the provisions of this section, it shall be lawful for the Collector. or for the Governor in Council, to require such sworn or other evidence in support of the applica- tion as he may require.
(5) When an instrument has been stamped by special leave under the provisions of this section, such instru- ment shall be deemed to have been duly stamped for the purposes of section of this Ordinance.
17. Every instrument executed out of the Colony executed out by any person, not being a bill of exchange of the Celony or a promissory note, shall, before being used. 54 & 55 Vick, brought into force, or registered, within the Colony,
39, e. 15 (2) be stamped according to the rate of duty to which
(a), (3) (a).
it would have been "liable if it had been executed in the first instance within the Colony, whatever the
11 -
provisious of the schedule to this Ordinance may be with regard to the time before which or the period within which such au instrument, if executed in the first instance within the Colony, should be stamped.
18. (1) Every person into whose hande any bill of Foreign bills exchange or promissory note drawn or made out of the and notes, Colony comes in the Colony before it is stamped shall, 54 & 55 Vict. before he presents for payment, or indorses, transfers, c. 39, a, 35. 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 bona 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
(6.) If at the time when any such bill or note comes into the hands of any bond 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.
P
(3.) But neither of the foregoing provisoes is to relieve any person from any fine or penalty incurred by him for not cancelling an adhesive stamp.
19 (1) When a bill of exchange is drawn in a set Bille in sets. according to the custom of merchants, and one of the 54 & 55 Vict. set is duly stamped, the other or others of the set ahall, c. 39, e 39.) unless issued or in some manner negotiated apart from the stamped bill, be exempt from duty; and upon proof of the loss or destruction of a duly stamped bill forming que of a set, any other bill of the set which has not been issued or in any manner negotiated apart from the lost or destroyed bill may, although unstamped, be admitted in evidence to prove the contents of the lost or destroyed bill.
(2.) No bills of exchange in sets shall be stamped in which the words "First" and "Second", or "First", "Second" and "Third" are left blank, nor in which the words "Second of the same tenor and date being
or the like, are wholly or partly left blank.
paid תנו
20. (1) Every person who issues, indorses, trans- Penalty for fers, negotiates, presents for payment, or pays any bill issuing, &c., of exchange or promissory note chargeable with duty any and not being duly stamped shall be deemed to commit bill or note.
nastamped an offence against this Ordinance, and the person who takes or receives from any other person any such bill or 54 & 55 Vict. note either in payment or as a security, or by purchase c. 39, s. 39. or otherwise, shall not be entitled to recover thereon, or
to make the same available for any purpose whatever.
(2.) Provided that if any bill of exchange payable on demand or at sight or on presentation is presented for payment unstamped, the person to whom it is presented may affix thereto an adhesive stamp of ten cente, and cancel the same, as if he had been the drawer of the bill, and may thereupon pay the sum in the bill mentioned, and charge the duty in account against the person by whom the bill was drawn, or deduct the duty from the said sum, and the bill is, so far as respects the duty, to be deemed valid and available.
188
No comments yet.
Private notes are available after approval.