378
THE HONGKONG GOVERNMENT GAZETTE, 8TH SEPTEMBER, 1866.
Provisions of Sections
XXII. The provisions of Sections XVI and XVIII shall not extend to l
XVI and XVIII not of Exchange or Promissory Notes or to Receipts for Money.
to extend to Bills of
Exchange, &c.
Expense of providing
XXIII. Every Person receiving payment of any sum of Money the receipt for which Receipt, Starups, &c. under this Ordinance requires a Stamp shall (if required) give a receipt bearing d Stamp indicated by this Ordinance and shall bear the expense of furnishing th same, and in case of refusal, shall be liable to a penalty not exceeding Fifty Dollars. T expense of providing the Stamp of any Bill of Exchange, or Promissory Note shall ... borne by the Person making or drawing or negotiating the same.
Effect of provision contained in the Schedules.
Governor in Council may lower Rates of Stamp Duty or
same, &c.
XXIV. Every provision contained in the Schedule annexed to this Ordinance shad be of the same Force as if it were contained in the body of the Ordinance.
XXV. 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 altogether exempt the 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 powers hereby given. Such cancelment or variation shall also be notified in the Government Gazette.
Renewal of damaged
or spoiled Stamps.
Application for renewal.
Collector may repay the amount of
damaged Stamps
instead of giving New Stamps.
Conveyance to state
the Purchase Money.
XXVI. 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 Decd, 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 i 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 nou-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 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 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 pr 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.
Clause 2. The Owner of any Stamp which shall be damaged, spoiled, or ren- dered unfit for use as aforesaid shall prefer his application to the Collector of Stamp Revenue and if such Collector be of opinion that the application ought to be complied with he shall deliver or cause to be delivered, subject to the provisions of this Ordinance, to the party or his representative a Stamp similar or of equal value to that which has been damaged, spoiled, or rendered unfit for use. Provide that the application be made within Six Months of the period when the Stamp shall have become damaged, spoiled, or rendered unfit for use.
Clause 3. In any case in which under this Section the Collector of Stamp Revenue may give a new Stamp in lieu of a Stamp damaged, spoiled, or renderesi unfit for use, he may in lieu thereof if he shall see fit repay to the party making the application the amount of such Stamp in Money.
XXVII. In every Instrument charged under the Schedule annexed to this Orde truly the amount of with an ad valorem Duty, the consideration Money or amount paid or secured or ar to be paid or secured thereunder shall be truly expressed and set forth and in dif thereof every Person who shall knowingly and wilfully execute any such Instrum and every Person who shall knowingly and wilfully insert or set forth in any Instrument, a less amount than the full and true consideration Money or amount p or secured or agreed to be paid or secured thereunder shall forfeit a Šum not exceeding Two Hundred and Fifty Dollars.
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