Governor in
Council to pre
scribe the form, Ac, of Stampe
to be used.
Governor in Council may authorize the use of adhesive Stamps for any Deoda, &c.
- Obliteration of adhesive
Stampa when Esed.
Stamps on Bill
of Exchange,
The Holder of
Bill drawn out of the Co-
Sony to affix an adhesive Stamp
thereon before negociating it.
Penalty for
negotiating such Bill without a Stamp affixed
for neglect- ng to cancel nch Stamp.
Provisions of Bactions XI
VIII. The Governor in Council shall prescribe the form, size and material of the Stamps to be used, and the mode and place of impressing, affixing or denoting, thereupon the value of the same under the Provisions of this Ordinance, and may from time to time alter and vary the Orders which he may so issue, and the Orders made by the Governor in Council under this Section shall be published in the Government Gazette.
IX. It shall be lawful for the Governor in Council by an Order to be published in the Government Gazette to authorize the use of adhesive Stamps for any Deeds, Instruments or Writings required to bear a Stimp.
X. In any case where an adhesive Stamp shall be used as here. inbefore authorized the Person making the Deed, Instrument or Writing to which such Stamp is affixed shall before the Deed, Instru- ment 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 bas been made use of, and so that the same shall not admit of being used again; and if any Person 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 an adhesvie Stamp is allow. ed to be used, shall not boná fide in manner aforeside cancel such Stamp, he shall forfeit a sum not exceeding Fifty Dollars.
XI. The Duty imposed by this Ordinance on 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 Billa as hereinafter directed.
XIL 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 rame 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 Bach Bill for acceptance or payment, or who shall endorse, transfer or in may manner negotiate such Bill shall, before he shall deliver the same out of his hands, custody or power, cancel 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 same ar 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 afresaid 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 what- evere unless at 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 thereby directed.
XIII The provisions of Sections XI and XII shall apply to Promis sory Notes as well as to Bills of Exchange, so far as the same may be and XII apply applicable.
to Promissory
Notes.
F*
XIV. If any Person shall within the Colony draw any Bill of Ex- Penalty for change purporting to be drawn in a set of two or more, and shall not draw dawing 1974 at the same time, on Paper duly Stamped as required by this Ordinance, purporting in be the whole number of Bills of which such Bill purports the set to consist, drawn in a wel he shall forfeit a sum not exceeding Five hundred Dollars.
of two of more atid not draw- ing the whole number of the
set.
Effect of a writing not daly stamped.
XV. Except as otherwise provided by this Ordinance, no Deed, In- strument or Writing for which auy Duty shall be payable under this Ordinance shall be received as creating, transferring or extinguishing any right or obligation, or as evidence in any Civil Proceeding in any Court of Justice in the Colony, or shall be acted upon in any such Court or by any Public Officer, or shall be Registered in any Public Office or Authen- ticated by any Public Officer, unless such Deed, Instrument or Writing for be upon a Stamp or, when an adhesive Stamp shall be allowed to be used, proper shall bear a Stamp of a value not less than that indicated to be it by the Schedule annexed to this Ordinance: Provided that every Deed, Instrument or Writing liable to Stamp Duty shall be admitted as evidence in any Criminal Proceeding, although it may not have the Stamp required Provino. by this Ordinance impressed thereon or affixed thereto.
XVI. Clause 1. If any Deed, Lustrument or Writing required to be Deeds inadvert- Stamped under this Ordinance, shall have been executed on bearing the antly executed proper Stamp, the Collector of Stamp Revenue if satisfied that the omis on paper not Stamp may be Bion or neglect to execute such Deed, Instrument or Writing on Paper bearing proper bearing the Proper Stamp, did not arise from any intention to evade pay- on payment of ment of the Stamp duty prescribed by this Ordinance for such Deed, In- duly stamped strument or Writing, or otherwise to defraud the Government, may on Duty and Fayment of the proper Stamp Duty, or if the Deed, Instrument or Writing Proper Stamp penalty, if shall be insufficiently stamped, on payment of such sum as with the amount of the Stamp upon such Deed, Instrument or Writing shall suffice to complete brought to the the prescribed amount, and as a penalty, double the amount of the proper Collector within Stamp Duty or of the amount required to make up the same, direct that six Wocks. such Deed, Instrument or Writing be duly stamped: Provided that such Deed, Instrument or Writing be presented to the Collector of Stamp Revenue for purpose of having the proper Stamp affixed to or impressed upon it within six Weeks from the date of its exection.
Clause 2 If any Deed, Instrument or Writing requiring to be stamp- Pensity if ed under this Ordinance which shall have beeu executed on unstamped or executed on insufficiently stamped Paper shall be brought to the Collector of Stamp unstamped or Revenue for the purpose of being properly stamped after Six Weeks from insufficiently the Date of its execution, but within Four Months from that Date, the stamped Paper be stamped Collector of Stamp Revenue, if satisfied that the omission to execute auch and brought to after six Weeks Deed, Instrument or Writing on Paper bearing the proper Stamp did not arise from any intention to evade the payment of the Stamp Duty prea of execution cribed by this Ordinance for such Deed, Instrument or Writing, or other- but within foot wise to defraud the Government may, on payment of a sum sufficient to Months of that up proper amount of Stamp Duty, and as a penalty, treble the date. amount of the proper Stamp Duty or of the amount required to make up the same, direct that the requisite Stamp be impressed on such Deed, Instrument or Writing; or if such Deed, Instrument or Writing shall not be brought to the Collector of Stamp Revenue until after the expiration of Four Months from the Date of its execution the requisite Stamp may be ordered to be impressed on payment of the proper Stamp Duty or of the sum required to make up the proper amount of Stamp Duty and as a penalty Twenty times the amount of such Stamp Duty or of the amount required to make up the
make
Bame.
the
Penalty if brought after four Mouths.
Collector to Clause 3. It shall be the duty of the Collector of Stamp Revenue to determine determine whether the requisite Stamp shall be impressed on any Deed, whether on Instrument or Writing falling under the last two preceding Clauses, which payment of shall have been executed on unstamped or insufficiently stamped Paper.
penalty a Dead, &c., shall be stamped.
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