Stamp Duties Management.
inability or refusal of some necessary party to sign the same or to complete the transaction according to the instrument, is incomplete and insufficient for the purpose for which it was intended;
(iv) which by reason of the refusal of any person to act under the same, or for want of enrolment or registration within the time required by law, fails of its intended purpose or becomes void;
(v) which is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped, or which becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument duly stamped:
Provided as follows-
(a) that the application for relief is made within six months after the stamp has been spoiled or become useless, or in the case of an executed instrument after the date of the instrument, or if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed or within such further time as the Collector may prescribe in the case of any instrument sent abroad for execution, or when from unavoidable circumstances any instrument for which another has been substituted cannot be produced within the said period;
(b) that in the case of an executed instrument no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence, and that the instrument is given up to be cancelled.
[7]
[CAP. 117]
for misused
64 & 55 Vict.
9. When any person has inadvertently used for an instrument liable to duty a stamp of greater value than was necessary, or has inadvertently used a stamp for an instrument not liable to any duty, the Collector may, on application made within two years after the date of the instrument, or if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if liable to duty, being stamped with the proper duty, cancel and allow as spoiled the stamp so misused.
[8]
449
Page 5
Page 6
Stamp Duties Management.
inability or refusal of some necessary party to sign the same or to complete the transaction according to the instrument, is incomplete and insufficient for the purpose for which it was intended;
(iv) which by reason of the refusal of any person to act under the same, or for want of enrolment or registration within the time required by law, fails of its intended purpose or becomes void;
(v) which is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped, or which becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument duly stamped:
Provided as follows-
(a) that the application for relief is made within six. months after the stamp has been spoiled or become useless, or in the case of an executed instrument after the date of the instrument, or if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed or within such further time as the Collector may prescribe in the case of any instrument sent abroad for execution, or when from unavoidable circum- stances any instrument for which another has been substituted cannot be produced within the said period;
(b) that in the case of an executed instrument no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence, and that the instrument is given. up to be cancelled.
[7]
[CAP. 121
for misused
64 & 55 Vict.
9. When any person has inadvertently used for an Allowance instrument liable to duty a stamp of greater value than was stamps. necessary, or has inadvertently used a stamp for an instru- c. 38, s. 10. ment not liable to any duty, the Collector may, on applica- tion made within two years after the date of the instrument, or if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if liable to duty, being stamped with the proper duty, cancel and allow as spoiled the stamp so misused.
[8]
449
Page 5Page 6
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