CAP. 117]
[s. 38 cont.]
Stamp.
(2) Where the purchaser has paid the said ad valorem duty and before having obtained a conveyance or transfer of the property enters into a contract or agreement for the sale of the same, the contract or agreement shall be charged, if the consideration for that sale is in excess of the consideration for the original sale, with the ad valorem duty payable in respect of such excess consideration, and in any other case with the fixed duty of twenty dollars or one dollar, as the case may require.
(3) Where duty has been duly paid in conformity with the foregoing provisions, the conveyance or transfer made to the purchaser or sub-purchaser, or any other person on his behalf or by his direction, shall not be chargeable with any duty, and the Collector upon application either shall denote the payment of the ad valorem duty upon the conveyance or transfer or shall transfer the ad valorem duty thereto upon production of the contract or agreement, or contracts or agreements, duly stamped.
(4) Provided that where any such contract or agreement is stamped with the fixed duty of twenty dollars or one dollar, as the case may require, the contract or agreement shall be regarded as duly stamped for the mere purpose of proceedings to enforce specific performance or recover damages for the breach thereof.
(5) Provided also that where any such contract or agreement is stamped with the said fixed duty, and a conveyance or transfer made in conformity with the contract or agreement is presented to the Collector for stamping with the ad valorem duty chargeable thereon within the period of six months after the first execution of the contract or agreement or within such longer period as the Collector may think reasonable in the circumstances of the case, the conveyance or transfer shall be stamped accordingly, and the same, and the said contract or agreement, shall be deemed to be duly stamped. Nothing in this proviso shall alter or affect the provisions as to the stamping of a conveyance or transfer after the execution thereof.
(6) Provided also that the ad valorem duty paid upon any such contract or agreement shall be returned by the Collector in case the contract or agreement be afterwards
418
CAP. 117]
[s. 38 cont.]
Stamp.
(2) Where the purchaser has paid the said ad valorem duty and before having obtained a conveyance or transfer of the property enters into a contract or agreement for the sale of the same, the contract or agreement shall be charged, if the consideration for that sale is in excess of the considera- tion for the original sale, with the ad valorem duty payable in respect of such excess consideration, and in any other case with the fixed duty of twenty dollars or one dollar, as the case may require.
(3) Where duty has been duly paid in conformity with the foregoing provisions, the conveyance or transfer made to the purchaser or sub-purchaser, or any other person on his behalf or by his direction, shall not be chargeable with any duty, and the Collector upon application either shall denote the payment of the ad valorem duty upon the convey- ance or transfer or shall transfer the ad valorem duty thereto upon production of the contract or agreement, or contracts or agreements, duly stamped.
(4) Provided that where any such contract or agreement is stamped with the fixed duty of twenty dollars or one dollar, as the case may require, the contract or agreement shall be regarded as duly stamped for the mere purpose of proceedings to enforce specific performance or recover damages for the breach thereof.
(5) Provided also that where any such contract or agreement is stamped with the said fixed duty, and a con- veyance or transfer made in conformity with the contract or agreement is presented to the Collector for stamping with the ad valorem duty chargeable thereon within the period of six months after the first execution of the contract or agreement or within such longer period as the Collector may think reasonable in the circumstances of the case, the con- veyance or transfer shall be stamped accordingly, and the same, and the said contract or agreement, shall be deemed to be duly stamped. Nothing in this proviso shall alter or affect the provisions as to the stamping of a conveyance or transfer after the execution thereof.
(6) Provided also that the ad valorem duty paid upon any such contract or agreement shall be returned by the Collector in case the contract or agreement be afterwards
418
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