Stamp Duties Act 1898 (NSW)

Act No. 27, 1898.

An Act to consolidate the Laws relating* Stami' D uties .

Stamp Duties. [27// ̂ '/a///, 1898.]

X )E it enacted by the Queen’s Most Excellent Majesty, by and with I / the advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—-

PAET I.

Preliminary.

1.	This Act may be cited as the “ Stamp Duties Act, 189S,”	Short title and
division.

and is divided into parts, divisions, and subdivisions, as follows :—

PART I.—Preliminary.—ss. 1-8.

PART II.—Duties on deeds and instruments.

Divisiox 1.—General regulations.—ss. 9-24.

Division 2.—Special regulations.

(1) As to agreements.—s. 25.

(2) As to hank notes, hills of exchange, and promissory-notes.—ss.

26-32.

(3) As to hills of lading.—ss. 33, 34.

(4) As to conveyances on sale.—ss. 35-38.

(5) As to leases, &c.—ss. 39-41.

(6) As to policies of insurance.—ss. 42-44.

(7) As to receipts—ss. 45-47.

(8) As to transfers of pastoral runs or stations,—s. 48.

.

PART

36G Act No. 27, 1898.

stam p Duties.

PAKT III.—Duties on estates of deceased persons.—ss. 49-59.

PART IV.—Miscellaneous provisions.—ss. 60-71.

Repeal Acts. 2. (1) Tlio Acts mentioned in the First Schedule to this Act are to the extent therein mentioned hereby repealed, but such repeal shall be without prejudice to the past operation of anything in the said Acts or the Schedules thereto.

F irs t Schedule.

Ofticers uiuler Acts (2) All persons appointed under the Acts hereby rej^ealed and

hereby repealed.

holding office at the time of the passing of this Act shall be deemed to

have been appointed hereunder.

Regulations under	(3) All regulations made and forms prescribed under the
Acts hereby

repealed. authority of any Act hereby repealed and being in force at the time of the passing of this Act shall be deemed to have been made under this Act.

In terpreta tion . 3. In this Act unless the context or subject matter otherwise “ Administrator ” means any person to whom any letters of admin­ istration in the estate of any deceased person is granted in New South Wales.

44 Vic. No, 3, g. 2, indicates or requires,—

“ Affidavit ” includes affirmation and statutory declaration.

“ Bank ” means any corporation, society, or number of persons

carrying on the business of banking.

“ Banker ” means the person managing or administering the affairs

of any bank or branch thereof.

“ Bill of exchange ” means any ordinary bill of exchange, or any draft, order, cheque, letter of credit, instrument, or writing, not payable on demand, entitling any person whether or not named therein to payment of money by any other person.

“ Bill of lading’’ means any instrument signed by the master, m.ate, or other person in charge of any vessel, or by the agent, ship- ■ ping clerk, or other person acting as such for such vessel, for the conveyance therein of goods, wares, or merchandise to any place beyond New South Wales.

“ Commissioner ” means any person appointed Commissioner of

Stamp Duties under this Act.

“ Conveyance ” means any instrument or deed whereby property is vested in any person or transferred or conveyed from one person to another.

“ Draft ” means any draft, cheque, or order for money payable on demand, not being a bill of exchange or otherwise herein specified.

“ Estate ” means real or personal property.

“ Executor ” means any person to whom probate of the will of

any deceased person is granted in New South Wales.

“ Executed ” means signed and completed, whether or not by

:	sealing or any process customary or required by law in any
particular case. “ Execution”

Act No. 27, 1898. 3G7

Stamp Duties.

’Execution” means the form or process of being executed.

■	Instrument ” means any written or printed deed or document.
■	Issue ” means delivery of a promissory-note or bill of exchange by the maker or acceptor to the payee thereof.
■	Lease ” means lease or promise of or agreement for a lease.
' Marketable security ” means any security capable of being sold in any stock market in New South Wales.
■ Material ” means any sort of material commonly used for writing or printing upon which words or figures can be expressed.
‘ Minister ” means any IMinister charged with the administration of

this Act.

' Money ” means any sum in British, Foreign, or Colonial currency. ■ Policy ” means any insurance, or contract, whether of insurance

against loss by fire, or upon or concerning any vessel or goods, for any voyage or period, whether the same is issued singly or in duj^licatc or otherwise.

‘ Promissory-note ” meaiis any (irdinary promissory-note, or any debenture issued by any public compuxny, corporation, or society in New South Wales, or any debenture issued out of New South Wales, if negotiated therein.

‘ Receipt” means any stamp, mark, impression, indication, as well-G') Vie. No. lo, s. 3.

as any note, memorandum, or writing whatsoever, whereby any

money amounting to two pounds or upwards is deposited for

any fixed period, or is acknowledged, or expressed to have been

received or paid in satisfaction of any debt, or whereby any

debt or demand or any part of a debt or demand of the amount

of two pounds or upwards is acknowledged to have been settled,

satisfied, or discharged, or which signifies or imports any such

acknowledgment, and whether the same is or is not signed with	'
the name of any person.

‘ Regulations ” means regulations under this Act.	44 vic. N.i. 3	, 2
‘ Settlement ” means any contract or agreement (whether voluntary or upon any good or valuable consideration other than a hand fide pecuniary consideration) whereby any property, real or personal, is settled or agreed to be settled, or containing any trusts or dispositions to take effect after the death of any person.

‘ Stamp ” means a stamp impressed by means of a die, or an adhesive 36 vie. No. i.g , s. 3.

stamp, and includes a postage stamp.

‘ Stamped” means impressed with stamps by means of a die, or 44 vic. No. 3, .s. 2.

having an adhesive stamp affixed according to this Act.

‘ Stock ” means any share in stocks or funds of Great Britain, or of any Foreign or Colonial State or Government, or in the capital, stock, or funded debt of any company, corporation, or society, British, Foreign, or Colonial.

“ Unstamped”

368   Act No. 27, 1898.

Stamp Duties.

“ Unstamped ” means either not stamped at all or insufficiently

stamped, or not duly stamped.

“ Writing ” means any mode or process by which words or figures

can be expressed upon material.

stam p duties to be

levied. 4. From and alter the commencement of this Act, and subject

44 Vic. No- 3, s. 3.	to the exemptions contained in the Second and Third Schedules hereto,
Second and Third	there shall be charged, levied, collected, and paid for the use of Her
Schedules.	Majesty, and to form part of the Consolidated Revenue Fund, for and in respect of the several instruments and matters described or mentioned in this Act, and in the said Schedules hereto the several duties or sums of money, and at the several rates specified herein or set down in figures against the same respectively in the said Schedules.
Such duties shall be denoted in stamps upon the material upon which any such instrument or matter is written or expressed.
Power to appoint

commissioner and 5. The Governor may appoint—•

odicers. (а) a Commissioner who shall be charged with the levying and

Ihid. s- 4. collection of the duties imposed by this A ct; and also

50 Vic. No. 10, s. 6.	(б ) either a Deputy or an Assistant Commissioner of Stamps, who shall perform such duties and exercise such powers as the Governor may prescribe ; and also
(c) such other officers as may be deemed necessary for the due execution of this Act.

The said persons shall give such security for the due discharge of the duties hereby reposed in them as the Governor may direct.

Power to appoint

stamp distributors.	6. (1) The Minister may appoint any person a distributor of stamps throughout New South Wales, who shall be remunerated for his services by a commission upon the value of stamps purchased by him for disposal.
4 t Vic. No. 3, s. 5.

Stamps to be pro­ (2 ) The Minister shall also provide for denoting the several

vided.	duties hereby imposed, such stamps or dies as may be required for the purposes of this Act, and do any other act which may be necessary for effectually collecting the said duties.
Stam p duties to be

denoted, &o., in ac­ 7. All stamp duties which may from time to time be chargeable

cordance with Act	by law upon any instruments shall be denoted and paid in accordance
and Re,»ulations.
Ihid. s. G.	with the provisions of this Act and the regulations.

Schedules pa rt of 8. The Schedules to this Act and everything therein contained

Act.	shall be read and construed as part of this Act.
H id . s. 7.

PART

Act No. 27, 1898. 369

Stamp Duties.

PART ir.

Duties on deeds and instruments.

D i v i s i o n I.—General Regulations.

9. Every instrument, subjc'ct under this Act to be stamped, sliall stamp t.> appeal-on

be written in such manner, and every instrument partly or wholly instnunent.

W	’l’itten before being stamped shall be so stamped, that the stamp	e . * o . . .
appears on the face of the instrument, and cannot be used for or applied to any other instrument written upon the same piece of material.

10. (1) Every fact and circumstance affecting the liability of any c,,„si,ieration

instrument to duty, or the amount of the duty with which any instru- "loney, &«., to be

ment is chargeable under this Act, shall be fully and truly set forth in

such instrument.

(2 ) Every person who, with intent to defraud Her Majesty, i>e„aUy.

executes any instrument in wdiich all the s;iid facts and circumstances are not fully and truly set forth, or who, being employed or concerned in or about the preparation of any instrument, with the like intent, neglects or omits fully and truly to set forth therein all the set facts and circumstances, shall forfeit the sum of fifty pounds.

11. In the case of an instrument chargeable under this Act with Value of cousidera-

duty in respect of any money in any foreign or colonial currency, such [‘"BrUisU eun-olfcy''

duty shall be calculated in British currency according to the current	̂ jp
rate of exchange on the day of the date of the instrument.

12.     Where an instrument is chargeable with duty in respect of i f in stock how to be

any stock or of any marketable security, such duty shall be calculated on the value of such stock or security according to the average price thereof on the day of the date of the instrument.

13. Whenever the duty with wliich an instrument is chargeable Commi.ssiom-r may

under this Act depends in any manner upon the duty paid upon another	p-“'’
instrument, the payment of such last-mentioned duty on production of both the instruments shall be denoted in such manner as the Commis­ sioner thinks fit upon such first-mentioned instrument.

14. (1) Subject to the provisions of this Act, any unstamped instru- stamping documents

ment may be stamped after the execution thereof on payment of the unpaid duty and a sum by way of fine at the rate of twenty pounds per centum on the value of the stamps to be affixed.

The payment of any fine shall be denoted on the instrument by a particular stamp—

(2) Provided as follows :— Proviso.

(a) Any unstamped instrument which was first executed at any place out of New South Wales may be stamped at any time within two months after it is first received in New South Wales on payment of the unpaid duty only.

ih) The Commissioner may if he thinks fit at any time within

twelve months after the first execution of any instrument remit

the fine or anv jiart thereof. (c)

■ 2 A “

370   Act No. 27, 1898.

Stamp Duties.

(c) No fine as aforesaid shall be charged if the instrument is stamped within one month after execution.

No inslrunu iit	15. (1) Unless otherwise herein exjrressly enacted, no unstamped
admissible as

evidence e\cej)t in

instrument executed in New South Wales after the passing of this Act,

criminal proceedini/s

or relating, wheresoever executed, to any property situate, or to any

i>v unless «luly

stamped.

matter or thing done, or to be done, in New South Wales, shall, excejrt

44 ^ io . Xo. 3, s. 14.

in criminal proceedings, be admissible in evidence, or available or effectual

for any purpose whatsoever in law or equity :

I ’i'ovision as to

Provided that upon the production of any such instrunumt as officer of the Court whose duty it is to read such instrunumt shall (;all the attention of the Judge to any omission or insufficiency of the stamp, and the instrument if unstamjred or not sufficicmtly stamped shall not be received in evidence until the whole or the deficiency of the stamp duty and the fine imposed by this Act has been paid ; and such f)fficer of the Court shall, upon payment to him of such stamp duty and fine, give a receipt for the amount of the same, and thereupon such instru­ ment shall be admissible in evidence, saving all just exceptions on other grounds.

unstamped

instrum ents a t any

evidence at the trial of any cause not being a criminal ])roceeding, the,

tria l not criminal.

Oliicer of tlie Court	(2)	An entry of the fact of such payment and of the atuount
to receive and

account for the duty

thereof shall be made in a book kept by such officer, who shall, at the

and penalty.

end of each sittings or assizes, duly make a return to the Commissioner of any moneys which he has so received by way of duty or fine, disthi- guishing between such moneys, and stating the mime of tlic cause and of the parties from whom he received such moneys, and the date and description of th<' instrument for the purpose of identifying tlu' same', and he shall pay over the said moneys to the Commission(>r. .And in case such officer neglects or refuses to furnish such account, or to j)ay over any of the money so received by him, he shall b(> liable to be proceeded against in the manner directed by this Act, and the Commissioner shall, upon request and production of the receipt hereinbefore mentioned, cause such instrument to be stamped with the j^roper stamp in respect of the sums so paid as aforesaid.

Deeds afTectina real	16. No conveyance or other instrument affecting I'cal estate in
estate ami executed

out of N^ew South	New South AVales, or power of attorney authorising the execution or
Wales.	registering of any such conveyance or other instrument shall, whereso­
20 Vic. No. 23.	ever executed, l)c inadmissible in evidence by reason of the same not being stamped in accordance with the laws of any country other than New South AVales.

Forremoviiif;doubts 17. Subject to regulations, any Commissioner may, upon being .as U) the siuiiiuienoy required by any person, assess upon any instrument or material the

stam p duty paid on duty payable under this Act and cause it to be stamped accordingly : 4rvic"X*'-j s 15 Provided that any instrument upon which the duty has been

'	' ’ ’	assessed by the Commissioner shall not bo stamped otherwise than in
accordance with such assessment. 18.-

Act No. 27. 1898. 371

Stamp Duties.

18. (1) Any person dissatisfied with the assessment of a Com-Appeal to .Supreme

missioner, may, within fourteen days after the date thereof, and on co“[4 Soucv'3

payment of duty in conformity therewith, appeal against such assess- decision.

ment to the Minister, who may confirm or modify such assessment; î vie. No. .3, s. 16.

and if such assessment is not confirmed the amount of duty to be

idtimately retained shall be that fixed by the Minister and the difference

sliall be refunded to the appellant.

If such person is still dissatisfied, he may, within twenty-one days after the Minister’s decision is communicated to him, appeal to the Supreme Court, and may for that purpose require the Commissioner to state and sign a case setting forth the grounds upon which his assess­ ment was made :

Provided that any person dissatisfied with such assessment may appeal to the Supreme Court in the first instance without any inter­ mediate appeal to the Minister.

(2) The Commissioner shall thereupon state and sign a case Commis-sioncr lo

accordingly and deliver the same to the appellant upon whose applica­

tion such case may be set down for hearing in the Supreme Court.

(3) Upon the hearing of such case (due notice of which shall Court to cietermino

be given to the Commissioner) the Court shall determine the question

submitted, and assess the duty chargeable under this Act, and also	'
decide the question of costs.

(4) If it is decided by the Court that the assessment of the Order as to access.

Commissioner is erroneous, any excess of duty which has been paid in conformity with such erroneous assessment, together with any penalty which has been paid in consequence thereof, shall be ordered by the Court to be repaid to the appellant.

(5) For the purposes of this section the Court may be holden single .ludgc.

before one Judge only.

19. In any case of application to the Commissioner with reference A bstract of

to any instrument, the Commissioner may require an abstract of the

instrument, and also such evidence as he deems necessary, in order to jud. s. 17.

show whether every fact and circumstance affecting the liability of the

instrument to duty or the amount of the duty chargeable thereon

has been fully and truly set forth, and may refuse to proceed upon

'

any such application until such abstract and evidence are furnished

accordingly.

20. Exceqit where express provision is madi' to the contrary, all impres.sed stamps

duties shall be denoted by impressed stamps only. 7udTTs

21. Any instrument, the duty upon which is required or per- Mode of cancelling

mitted by law to be denoted by an adhesive stamp, shall not be deemed	stamps,
duly stamped unless the person affixing such stamp cancels the same
by writing or stamping with a die on or across each stamp his name

or initials, or the name or initials of his firm, together with the true. -

date

372   Act No. 27, 1898.

Stamp Duties.

date of such cancellation ; and in case he wilfully neglects or refuses duly and effectually to do so, he shall be liable to a penalty not exceeding ten pounds.

Penalty on fraudu­	22. Every person who—
lent removal cr

second u.se of (a) fraudulently removes or causes to be removed from any instru­ ment any adhesive stamp which has been removed from any other instrument with Intent that such stamp may be used again ; or

adhesive stamps.	ment any adhesive stamp, or fraudulently affixes to any instru­
44 Vic. No. 3, s. 20.

(&) knowingly sells, or offers for sale, or utters any adhesive stamp

which has been removed from any instrument, or utters any instrument having thereon any adhesive stamp which, to his knowledge, has been so removed as aforesaid ; or

(c) practises or is concerned in any fradulent act, contrivance, or device with intent to evade any duty under this Act—

shall be liable to a penalty (beside any other penalty to which he may be liable) not exceeding twenty pounds, in addition to the value of the duty evaded or sought to be evaded.

Instrum ents not to	23. No unstamped instrument required by this Act to be stamped Any officer knowingly registering or permitting to be registered any such instrument shall be liable to a penalty not exceeding five pounds for each offence.
be registered unless
duly stamped.	shall be registered or capable of being registered in any Court or office.
H id . s. 21.

Tlie Supreme Court	24. The Supreme Court may, upon application on behalf of a
to enforce paym ent

of any money s	Commissioner, grant a rule requiring any person who has received
received for duties.	money payable by way of duty or penalty under this Act, or the
H id . s. 22.	executor or administrator of such person, to show cause why he should not deliver to the Commissioner an account upon affidavit of any duty or sum of money received by such person, or executor, or adminis­ trator, and why the same should not be forthwith paid to the said Commissioner.
The Court may make absolute such rule, and enforce by attach­ ment or otherwise the payment of any such duty or sum of money as appears to be due, together with costs.

D i v i s i o n I L — Special Regulations.

(1) As to agreements.

Adhesive stamp may 25. The cluty of onc shilling upon an agreement may be denoted

be used for agree-	p y	adlicsive Stamp, wliicli shall be cancelled by the person by whom
ment.

H id . s. 23 the agreement is first executed.

(2) As to hank notes, hills of e.rchange, and promissory-notes.

Bank notes exempt	26.	There shall be payable quarterly to the Commissioner by
by composition.

H id . 8. 21. every bank an annual composition at the rate of forty shillings for

every

Act No. 27, 1(S98. 373

Stamp Duties.

every one hundred pounds upon tlie amount of notes stated to be in circulation in the return made by such bank pursuant to the Banks and Bank Holidays Act, 1898. Any banlc note payable on demand issued unstamped by any banker who has duly paid such composition may be from time to time reissued without being liable to stamp duty.

27. Any banker, not having paid such composition, who issues Penalty fm- isi^uing

or causes or permits to be issued any bank note not duly stamped, shall

be liable to a penalty not exceeding fifty pounds. 4i \ ie. \ o . ;i, s. _>.5.

28. The ad valoreni duties upon bills of exchange and promis- A.ihesive stamp to

sory-notes drawn or made out of New South Wales shall be denoted by j>«

adhesive stamps ; and ev(>ry holder of any unstamped bill of exchange n,„, g od.

or promissory-note drawn out of New South Wales shall, before he

presents it for payment, or indorses, transfers, or in any manner uses,

negotiates, or pays the same, cause it to be duly stamjied :

Provided that if. at the time when anv such bill or note comes iioM ci-to cmooi

into the hands of any bond fide holder thereof, there is affixed thereto an adhesive stamp appearing to be duly cancelled, such stamj) shall, so far as relates to such hohler, be d('emed to be duly cancelled, although it may not ajrpear to have been so affixed or cancelled by the proper person :

Provided, also, that if. at tli(' time when any such l)ill or note comes into the hands of any honil fide holder thereof, there is affixed thereto an adhesive stamp not duly cancelled it shall be competent for such holder to cancel such stamp as if he were the person by whom it was affixed, and upon his so df)ing such bill or note shall be deemed didy stamped and be as valid and available as if the stamp had been cancelled by the person by whom it was affixed :

Provided that nothing herein shall relieve any ])crson from any penalty under this Act.

29. A bill of exchange or ]U’omissory-note purporting to be drawn Oocument deemeiUo

or made out of New South Wales shall, for the purpt^ses of this Act,

be deemed to have been so drawn or made, although it may, in fact, rhid. s. 27.

be drawn or made in New South Wales.

30. (1) Whosoever issues, indorses, transfers, us :s, negotiates, 1’en.iity for

presents for payment, or pays any bill of exchange or promissory-note

liable to duty and not duly stamped shall be iialde to a penalty not //„•,/. g.

exceeding twenty pounds.

(2) AVhosoever takes or receives from any other person any ivnaity .

bill of exchange or promissory-note not duly stamped, either in pay­ ment, or as a security, f>r by purchase, or otherwise, without causing the same to be duly stamped within fourteen days after receiving it, shall be liable to a penalty not exceeding twenty pounds, and shall not be entitled to recover thereon, or to make the same available for any purpose whatever until the same is duly stamped.

(3)

374  Act No. 27, 1898.

Stamp Duties.

Proviso. (3) Provided that no bill of exchange or promissory-note

shall be liable to duty unless drawn or made after the thirtieth day of

June, one thousand eight hundred and eighty.

Bills drawn in sets,	31. Anv number of bills of exchange or promissory-notes drawn in or forming part of one set or series, according to the custom of mer­ chants or bankers, sliall be held to be one such bill or note for the purposes of this Act. provided that one of the number is duly stamped.
)iow to be stamped,
44 Vic. \ o . H, s, 2!),

D uty on draft may	32. The duty of one penny on a draft payable on demand may
be denoted by

adhesive stamp.	be denoted by an adhesive stamp to be affixed thereto by the maker
H id . s. .lO.	or holder thereof.

(3) As to hills of lading.

Bills ui lading not 33. (1) A bill of lading shall not be stamped after the execution

to be stamped after	fB p ,.p n f
execution.	XilCrCOI. ̂ i i

Tbid. s. 31. (2) AVhosoever makes or executes any bill of lading not duly

Penalty. Stamped shall forfeit a sum not exceeding fifty pounds.

Xo m aster or mate 34. No master Ob mate of any vessel, and no agent or shipping

imiessVtamped''*''''̂ clerk or other person acting for any vessel, shall be bound to .sign any l l id . s. 32. t)ill of lading or instrument answering the purpose of a bill of lading

for the conveyance of merchandise of any kind to any place beyond

New South Wales unless it is duly stamped.

(4) As to conveyances on sale.

If in stoclv, &c., how

to be calculated.	35. (1) Where the consideration, or any part of the consideration, for a conveyance on sale, consists of any stock or marketable security, such conveyance shall be charged with ad valorem duty in respect of the value of such stock or securitv.
Ibid. s. 33.
If uniuarketable
.•■ccurit}'.	(■2) 'Where the consideration, or any part of the considera­ tion, for a conveyance on sale consists of any security not beiirg a market­ able security, such conveyance shall be charged with ad valorem duty in respect of the amount due on the day of the date thereof for principal arrd interest upon such security.

W liere property , . , , to\’irciwrged 0 ̂ 36. Wffiere any property is conveyed to any person in considera-

wliolly Ob in pait of any debt due to him, or subject either certainly

such debt.	or Contingently to the payment or transfer of any money or stock.
H id . s. .34.	whether being or constituting a charge or encumbrance upon the propertv or not, such debt, money, or stock shall be deemed the whole or part as the case may be of the consideration in respect whereof the conveyance shall be chargeable with ad valorem duty.
Property sold a t one	37. (1) Wffiere any property has been contracted to be sold for separate parts or parcels by different instruments, the consideration shall be apportioned in such manner as the parties think fit, so that
sqmra'tTdeiis.	ô ie consideration for the whole, and is conveyed to the purchaser in
Ihid. s. 3.').

Act No. 27, 1898. 375

Stamp Duties.

a distinct consideration for each separate part or parcel shall be set	.
forth in the conveyance relating thereto, and such conveyance shall be charged with ad valorem duty in respect of such distinct consideration.

(2) Wlu're any property contracted to be purcliased for one wiiere sold to

consideration for tlie whole by two or more persons jointly, or by ^ny “

person for himself and others, or wholly for others, is conveyed in parts parts i>y sfparato

or jiarcels by sejiarate instruments to the persons by or for, whom the

same wtts purchased for distinct parts of the consideration, the con­

veyance of each separate part or parcel shall be charged with ad valorem

duty in I’espect of the distinct part of the consideration therein specified.

(3) Where a person having contracted for the purchase of any Sub-saies eonvey-

projieity but not having obtained a conveyance thereof, contracts to sell

the same to any other person, and the property is in consequence con- pmchnsov.

veyed immediately to the sub-purchaser, the conveyance shall be charged with ad valorem duty in respect of the consideration for the sale by the original purcliaser to the sub-purcliaser. ■

(4) Where a person having contracted for the purchase of 'I’o soveiai sub-

anv jiroperty, but not having obtained a conveyance, contracts to sein“"'̂ '“‘̂ ‘'‘‘'’

the whole or any part or parts thereof to any other person or persons,

and th(' property is in consequence conveyed by the original seller to

different persons in parts or parcels, the conveyance of each part or

parci'l shall be charged with ad valorem duty in respect only of the

consideration moving from the sub-purchaser thereof without regard to

the amount or value of the original consideration.

(5) Where a sub-purchaser takes an actual conveyance of the Conycyance by

interest of tlie ])erson immediately selling to him, which is chargeable

with ad valorem duty in respect of the consideration moving from him, "ot to i>e ebargd.

and is duly stamped accordingly, any conveyance to be afterwards made

to him of the same property by the original seller shall be exemjff fi'om

the said ad valorem duty and chargeable only" with the duty to which

it may b(‘ liable under any general description, but such last-iiientioned

duty shall not exceed the ad valorem duty.

38. Where there are several instruments of conveyance for com- I'oiiies may eie. t

pleting the purchaser's title to the propertv sold, the principal instru- "

ment of conveyance only shall be charged with ad valorem duty, and instnimoMt. J J O 1 I 'V ' ' "V’ Q . Q i '

the other instruments shall be respectively charged with such other	̂	• •
duty as they may be liable to ; but such last-mentioned duty shall not e.xceed the ad valorem duty payable in respect of the principal instrument.

(o) As to leases.

39. (1) An agreement for a lease, or with respect to the letting of any' lands, tenements, or heritable subjects for any term, shall be how

charged with the same duty as if it were an actual lease made lor the be charged,

term and consideration mentioned in the agreement. s. 3/.

(2)

376   Act No. 27, 1898.

Stamp Duties.

Am ount of duty. (2) A lease made subsequently to and in conformity with such an agreement duly stamped shall be charged with the duty of two shillings and sixpence only.

Duty on certain	40.	(1) Where the consideration or any part of the consider­
leases how to be

calculated and ation for which any lease is granted or agreed to be granted does not

charged.consist of money but consists of any produce or other goods, the value

44 Vie. No. 3, s. 38. of such produce or goods shall be deemed a consideration in respect of which the lease or agreement shall be chargeable with ad valorem duty, and where it is stipulated that the value of such produce or goods shall amount at least to or shall not exceed a given sum, or where the lessee is specially charged with or has the option of paying, after any per­ manent rate of conversion, the value of such produce or goods for the purpose of assessing, the ad valorem duty shall be estimated at such given sum or according to such permanent rate.

W hen duly stamped. (2) A lease or agreement made either entirely or partially for any such consideration if it contains a statement of the value of such consideration and is stamped in accordance with such statement, shall, so far as regards the subject matter of such statement, be deemed duly stamped, unless or until it is otherwise shown that such statement is incorrect and that it is in fact not duly stamped.

i^ a se n o tto be 41. (1 ) A lease, or agreement for a lease, or with respect to any

increased'duty in

letting shall not bc charged with any duty in respect of any penal rent

increased rent in the nature of a penal rent, thereby reserved or agreed

Ih id s. 39.

reserved or made payable, or by reason of being made in considera­ tion of the surrender or abandonment of any existing lease or agreement of or relating to the same subject matter.

N or in respect of (2 ) No lease made for anv consideration in respect whereof

the property.	i t IS cliargeabie With ad valorem duty, and m further consideration,
either of a covenant by the lessee to make or of his having previously made any substantial improvement of or addition to the property demised to him, or of any covenant relating to the matter of the lease, shall be charged with any duty in respect of such further consideration.

Leases for life. (3 ) No lease for a life or lives not exceeding three, or for a

term of years determinable with a life or lives not exceeding three,

shall be charged with any higher duty than one pound.

(6) As to policies of insurance.

How foreign

policy may Le	42. A policy or other instrument of insurance which is made or on the business of insurance in New South Wales, by which, according to any stipulation, agreement, or understanding, expressed or implied, any loss or damage, or any sum of money shall be payable or recoverable
stamped.	signed out of New South Wales by or on behalf of any person carrying
Ihid, s. 40.

Act No. 27, 1898. 377

Stamp Duties.

in New South Wales upon the happening of any contingency whatever, shall be charged with the same duty as is chargeable on policies made and signed within New South Wales :

Provided such policy or instrument shall be brought to the said Commissioner for the purpose of being stamped within two calendar months next after the same has been received in New South Wales, and upon proof of that fact to the said Commissioner he shall cause such policy or instrument to be duly stamped on payment of the duties chargeable thereon.

43. Any person who— Penalty for not

, ^ , making out, &c-,

(а) receives or takes credit for any premium or consideration for 'li'iy policy.

any contract of insurance, and does not, within one month after receiving or taking credit for such premium or considera­ tion, make out and execute a duly stamped policy of such insurance ;

(б) makes, executes, or delivers out or pays, or allows in account, or agrees to pay or allow in account any money upon or in respect of any policy which is not duly stamped—

shall be liable to a penalty not exceeding twenty pounds.

44. (1) The duties imposed by this Act upon policies of insurance Duties may lie

may be denoted by adhesive stamps, or partly by adhesive and partly auiiesnc

by impressed stamps. s. 42.

(2) When the whole or any part of the duty upon a policy Adhesivê stamp to

of insurance is denoted by an adhesive stamp, such adhesive stamp	‘
shall be cancelled by the person by whom the policy is first signed.

(3) In default of such cancellation the person issuing such Denaity.

policy shall be liable to a penalty not exceeding twenty pounds.

(7) As to receipts.

45. When on any division of profits made by any banking corn- Division of in-ofits

panv the banker carries to the credit of any depositor or shareholder

therein the amount payable to him on such division of prohts, such

̂ 4 ̂

transaction shall be considered a receipt liable to the duty on receipts

under this Act.

The said banker shall make a sworn return of every such trans­ action within one week after the same has taken place, and pay the duty thereon according to the rates imposed under the head of receipt; in default of so doing he shall be liable to a penalty not exceeding five hundred pounds.

46. The duty upon a receipt may be denoted by an adhesive Duty may iiu

stamp, which shall be cancelled by the person by whom the receipt is

given before he delivers it out of his hands. md. a. 45.

378  Act No. 27, 1898.

Stamp Duties.

Penalty for giving

unstamped receipt. 47. (1) Any person wlio—

oO Vie. No 10, s. 4.

(a) gives any receipt liable to duty and not duly stamped ;

[h] refuses to give a receipt duly stamped in any case wliere a receipt

would be liable to duty ;

(c) upon a payment to the amount of two pounds or upwards gives a receipt for a sum not amounting to two pounds, or separates or divides the amount paid with intent to evade the duty ;

shall incur a penalty of not less than two pounds nor more than ten

pounds:

Deniaiui for lecciiit (2) A demand for anv such receipt sliall not in any way affect

110 o a ec cm er. validity of a tender otherwise legal.

(8) As to transfers of pastoral runs or stations.

Assessment of stamp	48.	For the purpose of assessing the amount of stamp duty pay-
duties on transfers

of pastoral vims. '“̂tile upou the instrument of transfer of any run or interest in a run

44 Vic. No. s. 47. held Under lease or promise of a lease from the Crown, the Commis­ sioner may require the person tendering such instrument for the purpose of being stamped to tender at the same time a declaration of the fair and reasonable market value of the interest intended to be transferred; such declaration to be duly made before a magistrate of the territory or a commissioner for affidavits.

PART III.

Duties on estates of deceased persons.

Duties to 1 e levied	49.	(.1) The duties to be levied, collected, and paid as aforesaid,
on estates of

deceased persons.	upon the estates of deceased persons shall be according to the duties
Ihid. s. 48.	mentioned in the Third Schedule to this A ct; and such duties shall
Third iScliedule.	be charged and chargeable upon and in respect of all estate whether real or personal which belonged to any testator or intestate dying after the commencement of this Act.

Certain estate.? liable (2) Dtities to be levied. Collected, and paid according to the

todiUy. ̂ duties mentioned in the said Third Schedule shall also be charged and

o, \ 1C. No. 20, s. 2. pipon and in respect of—

( a ) all estate, whether real or personal—-

23 Vie., c. 15, s. 4. (a) which any person, dying after the twenty-second day of May, one thousand eight hundred and ninety-four, has disposed of whether before or after that date, by will or by settlement

containing

Act No. 27, 1898. 379

Stamp Duties.

containing any trust in respect of that estate to take effect after his death, under any authority enabling that person to dispose of the same by will or deed, as the case may be ;

{h) taken under a voluntary disposition made after the day last 4i vie., c. 12, s. .•)«,

aforesaid by such person purporting to operate as an immediate conveyance or gift inter vivos, whether by way of conveyance, transfer, delivery, declaration of trust or other­ wise, which has not been bona fide ma.le twelve months before the death of such person ;

(c)

which such person, having been absolutely entitled thereto, 44 \'ic., c. 12, s. ;es, to be conveyed, transferred to, or vested in himself and any other person jointly, whether by disposition or other­ wise, so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to that other person ;

[d) being a purchase or investment by such person, made either->2 vic., i-. 7, s, 11.

by liimself alone or in conceit \̂■ith, or by arrangement with, any other person, before or after the day last aforesaid, with property or the proceeds of property to which he was absolutely entitled, in the name of himself and any other person jointly, so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to that other person ;

(c) jiassing under any voluntary settlement made before or after 12, s. ;!s,

the day last aforesaid by such person by deed or any other	‘ ̂'	7, s. 11.
instrument not taking effect as a will, whereby an interest "
in that property or the proceeds of sale thereof for life or
any other period determinable by reference to death is reserved
either expressly or by implication to the settlor, or whereby	•
the settlor may have reserved to himself the right, by the exercise of any power, to restore to himself or to reclaim the absolute interest in that property or the proceeds of sale thereof ;
and in this subsection the expression “ voluntary settlement ’’ includes any trust, whether expressed in writing or other­ wise, in favour of a volunteer, and, if contained in a deed or other instrument affecting the settlement, whether that deed or instrument was made for valuable consideration or not as between the settlor and any other person ;

(i?) all personal estate (not being chattels real) taken under any o2 v ic ., c. 7, s. 11.

gift whenever made by such person, of whi(;h bona fide posses­ sion and enjoyment has not been assumed by the donee imme­ diately upon the gift, and thenceforward retained to the entire exclusion of the donor, or of any benefit to him by contract

or otherwise. 60.

380   Act No. 27, 1898.

Stamp Duties.

I’enaity for not 50. ^Yhosoever take.3 possession of and in any manner administers

takino out probate. person deceased without obtaining pro-

44 \ 1C. N o . s . 4S. p g .|.g letters of administration within six calendar mootlis

»	after the decease of such person, or two calendar months after the termination of any suit or dis])ute respecting the will or the right to letters of administration (if there is any such) which is not ended within four calendar months after the decease of such person, shall incur a penalty not exceeding one hundred pounds, and also a further penalty of ten pounds per centum on the amount of stamp duty payable on the probate or letters of administration, and such penalties shall be recovered and enforced in manner herein provided :
Proviso.	Provided that such penalties shall not be incurred when such estate does not exceed two hundred pounds in value :
Provided also that no duty shall be charged on the taking out of any second probate or administration if the proper amount of duty has been duly paid on the first taking out of the same.
Certain del)ts and

shares belonging to 51. (1) The estate of any person dying after the twenty-second

deceased persons	day of May, one thousand eight hundred and ninety-four, wheresoever secured by mortgage, encumbrance, pledge, or lien, legal or equitable, of or over real or personal property situate within New South Wales, and notwithstanding that the specialty was, at the time of the death of such person, outside New South Wales ;
liable to duty.	such person may have been domiciled, shall, for the purposes of this (б) every share held by such person in any company, corporation, or society, whether registered or incorporated within or out of New South Wales, and carrying on the business of mining for any mineral in New South Wales.

.77 Vic. No. 20, s. 1.

be taken to include—

[а) every specialty debt due to such person and secured or partly

And duties may be levied, collected, and paid under and in accordance with the provisions of this Act in respect of the said debts and shares, notwithstanding that the debts or shares were not at the time of the death of the said person bona notabilia within New South Wales.

Proviso.	(2) Provided that nothing in this section shall render any person liable irnder the last preceding section to a penalty for taking possession of or administering tlie estate of a deceased person, where the estate includes no property in respect of which probate or letters of administration or an order to collect may be granted in New South Wales.
])u ty payable on

property included 52. (1) Upon the death of any person who, after the thirtieth

in conveyance forday of June, one thousand eight hundred and eighty, makes any con- puqjoses of ova.sion. yeyance or gift of any estate with intent to evade the payment of duty

44 Vie. No. 3 , . 55. ^ ^

Act No. 27, 189cS. 881

Stamp Duties.

under this Act or any Act hereby repealed, such property shall be deemed part of his estate for the purposes of this Act, and the pay­ ment of the duty upon the value of such [)roperty may be enforced in the same way as if such person liad becpieathed or devised the said property to the person to whom the same lias been conveyed or given ; and any conveyance or gift of property which after the date afore­ said is made to take effect upon the death of the person making the same shall be deemc'd to have been mad(' with intent to evade the pay­ ment of such duty.

(2) Any property being the subject matter of a donatio mortis Uomuionos murCa

causa shall, upon the death of the person making such donatio mortis csusa, be deemed part of his projierty for the purposes of this Act, and duty shall bc paid upon it, and payment of such duty may be enforced in the same way as against any other property of or to which such person has died seised, possessed, or entitled.

53. (1) Where any person dying after the twenty-second day of wimi debts may bo

May, one thousand eight hundred and ninety-four was at the time of

^

his death domiciled in New South Wales, all debts actually due and

owing by him sludl be deducted from his estate.

(2) Where any person so dying was not at the time of his wiicn deeeaseii wag

death domiciled in New South Wales, the oiilv debts which may be

deducted from his estate shall be debts due and owing to persons resident .j,

in New South Wales, and debts securi'd by mortgage, encumbrance, s- 7-

pledge, or lien, legal or equitable, of or over real or personal estate o	f	-8-
the said person situate in New South AVales.

(3) Provided that, in any case, the debts to be deducted la-oviso.

shall not include voluntary debts e.xpressi'd to bc payable on the death of the person so dying, or payable iimh'r any instrument which has not been bona fide delivered to the donee tluneof three months before the death of such person, or debts in respect of which a reimbursement may be capable of being claimed from any other estate or person, except as to the excess (if any) above the amount of the reimbursement claimable.

54. (1) No probate of the will or letters of administration of the Affidavit of value to

estate of any person deceased shall be granted after the commencement Jants fm-proi'ww* or

of this Act unless the applicant for such probate or letters— uanrsofadministra-

(a) lodges with his application an affidavit stating that to the bestggyj^, jy ̂ ̂

of his kiu)wledge and belief the ('state of the deceased, exclu-	”	’	’
sive of what he was possessed of or entitled to as ;x trustee, but including all his real estate and all estates for years is under the value of a certain sum to be specified in such affi­ davit ; and

(h) at the same time delivers with such affidavit an inventory setting forth a full and triu' a'.'count of the estate of the

deceased,

382  Act No. 27, 1998.

Stamp Duties.

deceased, and the value thereof, and all such particulars as are necessary or proper for enabling the Commissioner fully and correctly to ascertain the duties payable in respect of such estate.

R egistrar to

transm it affidavit (2) The Registrar of the Probate Jurisdiction of the Supremo

and inventory to

Court shall transmit to the Commissioner every such affidavit and

Cuinmissioner.

inventory, together with a copy of the will or letters of administration to which they relate, within thirty days from the granting of any probate or letters of administration under a penalty not exceeding fifty pounds for any neglect therein, and the Commissioner, if satisfied with such account and inventory, or with any amendment that ma}̂ be made therein upon his requisition, may assess the duty on the footing of such account and inventory (after deducting the debts actually due and owing by the deceased) upon the sum specified in such affidavit according

Tliii’d Schedule.

to the rates set forth in the Third Schedule hereto, and such probate or

letters shall be stamped accordingly.

ap{)oint valuator.

{Commissioner may

(3) If th.e Commissioner is dissatisfied with such account and inventory, he may cause an account and inventory to be taken by any person to be appointed by him for that purpose, and he may assess the duty on the footing of such last-mentioned account and inventory, sub­ ject to appeal therefrom in accordance with the provisions of section eighteen of this Act : and if the duty exceeds the duty assessable according to the return made to the Commissioner and with which he was dissatisfied, and if there is no appeal against such assessment, then it shall be in the discretion of the Commissioner, having regard to the merits of the case, to charge the whole or any part of the expenses incident to the taking of sucli last-mentioned account and inventory again.st the estat(' of the said deceased, and to recover the same accord­ ingly, and if there is an appeal against such last-mentioned assessment, then the payment of such expenses shall be in the discretion of the Court :

Provided that no such account or inventory as last-mentioned shall be taken by such Commissioner or by any person appointed by him without the prextous approval of the Colonial Treasurer.

>Viid may lodge

caveat with (4) The Commissioner may lodge with the Registrar-General

egistrar-Gcneral.

a caveat against the issue of any certificate of title by transmission where the land advertised by him does not clearly appear to have been included in any affidavit or inventory lodged with the Commissioner in connection with the estate of any deceased person upon which probate or administration duty has been assessed, or where the will of any deceased proprietor has not been proved in or letters of administration granted by the Supreme Court.

Every such caveat shall be dealt with in all respects as if it wnre

a caveat filed by the Registrar-General, except tliat the Commissioner

shall be considered as the caveator. 55.

Act No. 27, 1898. 383

Stamp Duties.

55. (1) In respect of tlie estates of intestates deceased after the As to estates

tliirtictii dav of June, one thousand eioht hundred and eighty, for which	'’y, ,
an order to ((fllcct is granted to t he Curator of Intestate Estates, a like ivtates.

duty shall lu' jiaitl as by this Act is required to be paid by an adminis-	'"ie. No, a, s. do.
trator.

(2) No Judge shall pass the accounts of the Curator of lutes-A.vomits not to bo

tate Estates in respect of the estate of any such intestate unless the amount of duty chargeable on such estate (as if administration had been talcen out in respect thereof) luis been paid by such Curator, and a receitit for such amount signed by the Commissioner is produced by such Curator.

(J) Provided that no administration duty shall be chargeable I'loviso.

in respect of any such estate previously collected by such Curator.

56. (!) Any duty payable under this Act by any executor or DnUe.s ijay.Uib̂ mt

administrator shall be deemed to be a debt of the testator or intestate

to Her Majesty, and shall be payable out of his personal estate.

(2) If the personal estate is insufficient to pay such duty the w heie iioiscm ii

executor or administrator or any person interested may apply to the	insuihciunt.
Supreme Court, which may order that a sufficient part of the real estate be sold to pay the said duty.

(3) Every executor or administrator may deduct from any Ojauction of duty

projierty devised or bequeathed to any person an amount equal to the duty thereon, calculateci at the same rate as is payable upon the estate under this Act, unless the testator has made a different disposition as to the ]aivment of the said dutv in his will.

57. No probate or letters of iidministration shall issue from the I’mbates, &i-.. not to

Prothonotiirv’s office until the duty under this Act has been paid or security given for the same, and the probate or letters of administration duly stamped.

58. (1) Within six months after the detith of any person who Souiement of

has executed a settlement contfvining any trust to take effect after his aUerlleaU

death, or within such further time as the Commissioner may allow, of .settlor,

notice of such settlement shall Ix' lodged by the trustee thereof or by some person interested thereunder, together with a declaration specifying the property thereby settled and the value thereof, and duty shall thereupon be payable on such value at the rates specified in the Third Schedule hereto. ■Sriie.iui.-,

(2) In case such notice and declaration are not lodged find I’rmcimc wiiore

the duty paid within si.x months or such further time as the Commis­ sioner may allow, the Commissioner or any person interested may apply to the Supreme Court, which may order that a sufficient part of the property included in such settlement be sold, and the proceeds of such sale applied in payment of the duty and of the costs consequent

thereon. 59.

384   Act No. 27, 1898.

Statnp Duties.

Court may make 59. Whenever any order has been made for the sale of any lands

vesting orders. under this Act every person seised or possessed of such lands or entitled

4 J ^ ^ A ±. X

10- i>o. s. 04. .J.Q contingent interest therein shall be deemed to be so seised, possessed, or entitled upon a trust within the meaning of the Trustee Act, 1898. And the Supreme Court may make an order vesting such lands or any part thereof either in any purchaser or in such other person as the Court directs, and every such order shall have the same effect as if such person go seised, possessed, or entitled had been free from all disability, and had duly executed all proper conveyances and assignments.

PART IV.

Miscellaneous provisions.

One stamp may bc	60. Any single stamp may be used to denote the total amount and all instruments stamped with one, two, or more stamps for denoting the amount of duty charged thereon shall be as valid as if the same had been stamped with a single stamp or any number of stamps.
used ill place of	of duty, and two or more stamps may be used to denote any one duty,

many, and	rrrsa.
Ibid. s. 56.

Proceeding if return

61. Any person required under this Act to deliver any account Supreme Court by the Commissioner, or any person by him duly authorised, to be sued by writ of summons in such form as the Judges of the said Court shall direct, commanding the party so in default to deliver such account and to pay all costs incurred in consequence of such default up to the time of such delivery within such period as may be appointed in the writ, or to show cause to the contrary, and on cause being shown such order shall be made as is just.

not made by any

who makes default in so doing shall be liable, upon application to the

accountable	party .
Ibid. s. 57-

Accounting party to	62. Every person delivering any account or estimate of property him such books and documents in the custody or control of such person so far as the same relate to such account or estimate as may afford any necessary information for the purpose of ascertaining such property and the duty payable thereon, and the Commissioner may without payment of any fee inspect and take copies of any public book ; and any commissioner or other officer who discloses the same or the con­ tents of any document or book to any person other than for the purpose of this Act shall be liable to a penalty not exceeding one hundred pounds.
verify his account.	under this Act shall, if required by the Commissioner, produce before
2 bid. s. 58.
and receipts given.

Books to be kept 63. The Commissioner shall enter and keep on record in a book

Ibid. s. 59.	every payment of duty made under the Third Schedule hereto, and
Third Schedule.	shall give a receipt for such duty in such form as shall be provided by

regulations,

Act No. 27y 1898. 385

Stamj) Duties.

regulations, and shall upon application for any reasonable purpose, deliver to any person interested in any property affected thereby a certificate of such payment.

64. Whosoever makes or assists in making any false statement, I’ersDns framiuientiy or any fraudulent alterations in any statement or document required property under this Act, with intent to evade the payment of duty, shall be 44 vi;. No. s. (ij. deemed guilty of a misdemeanour, and on conviction thereof shall be

liable to imprisonment for any period not exceeding three years, and

to a fine not exceeding one hundred pounds.

65. Whosoever does or causes to be done, or knowingly assists Penalty for fraiuiu- len t acts.

in doing any of the acts following, that is to say :—- Ibid. s. 61.

(a) forges a die or stamp ;

{b) impresses any materiid with a forged die ;

(c) cuts, tears, or in any way removes from any material any stamp with intent to make fraudulent use of such stamp or of any part thereof ;

{(1) mutihites any stamp with intent to make fraudulent use of any part thereof;

(e) fraudulently fixes or places upon any material, or upon any stamp, any stamp or part of a stamp which has been cut, torn, or in any way removed from any other material, or out of or from any other stamp ;

(/) erases or otherwise removes from, any stamped material any name, sum, date, or other matter or thing whatsoever thereon written, with the intent that any fraudulent use should be made of the stamp upon such material ;

((jr) knowingly sells or exposes for sale, or utters or uses any forged

stamp ;

(h) knowingly and without lawful excuse (the proof of which lawful excuse lies on the person accused) has in possession any forged die or stamp, or any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently muti­ lated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise removed—

shall be guilty of felony, and liable to be sentenced to hard labour on the roads or other public works of the colony, or to be imprisoned with or without hard labour for any term not exceeding seven years.

66. Whosoev^er receives any transfer of any shares not duly Transfer of shares to

stamped without causing the same to be duly stamped within one week

alter receiving the same shall be liable to a penalty not exceeding ten ‘ ‘ "

pounds. 67.

2 n

386  Act No. 27, 1898.

Stam,p Duties.

Ariidavits and	67. (1) Every affidavit required by this Act shall be made before
I)enalty for false

oath. a justice of the peace, or a commissioner for affidavits.

44 Vic. No. 3, s. 63. (2) Whosoever knowingly and wilfully makes a false oath or

Penalty.

statement concerning any matter in this Act shall be liable to the same

punishment as for wilful and corrupt perjury.

C\)urts in suits for	68. Whenever any suit is pending in any Court for the adminis­
adm inistration of

property to provide

tration of anv property chargeable with duty under this Act, such Court

for payment of duty.

shall provide for the payment of such duty out of any property the

Ihid, s. 64.

subject matter of such suit which may be in the possession or control

of the Court.

Recovery of

penalties.

69. Any penalty incurred under this Act may be recovered in a summary way before any two justices of the peace, or by action of debt in the Supreme Court in the name of the Attorney-General, and with costs in either case.

Ihid. s. 65.

Allowance in caee

stamps becoming

70. Any person possessed of impressed stamps or stamped material to the Commissioner, be allowed in lieu thereof other stamps of the same or any other denomination amounting in the wdiole to the value of such spoiled stamps.

useless.

rendered useless by being inadvertently spoiled, may upon application

Ihid. s. 66.

Power to make

71. The Governor may frame regulations not being inconsistent Provided that the same shall be laid before both Houses of Parlia­ ment forthwith if Parliament is sitting, and if not, then within twenty- one days after the commencement of the next Session.

regulations and

forms.

with this Act and prescribe forms for carrying out this Act, and such

lU d , s. 67.

regulations and forms, when published in the Gazette, shall have the force

of law :

SCHEDULES.

Section 2. FIRST SCHEDULE.

E xten t of

Reference to Act. Title or short title. Repeal.

20 Vic. No. 23 .. An Act to declare that instruments affecting Real Estate The whole.

in this Colony executed out of the Colony are admissible

in evidence therein although not stamped.

36 Vic. No. 15.. Postage Stamps Extension Act of 1873 . . .. .. The whole.

44 Vic. No. 3 .. Stamp Duties Act of 1880 .. . . . . .. .. The whole.

50 Vic. No. 10.. Stamp Duties Act Amendment Act of 1886 .. .. The whole.

54 Vic. No. 15.. Transfer of Mining Stock StampDuty Exemption Act, 1890 The whole.

57 Vic. No. 20 .. Stamp Duties Acts Further Amendment Act of 1894	..	The whole.
SECOND

Act No. 27, 1898. 387

Stamp Duties.

SECOND SCHEDULE. Section 4.

Containimj the Duties on Deeds or other instruments relating to transactions beltveen 44 Vic. No. 3.

living persons. £ S. d . Schedule 1.

AvJUUh.mknt not under seal .. .. .. . . .. .. . . .. 0 1 6

And sec section 25.

Dank Note. An Annual Composition to bc paid by Danking Companies in lieu of duties on promissory-notes payable on demand issued by them—

For every £100 and also for the fractional part of £100 of the

average annual amount of such notes in circulation as

certified under the Banks and Bank Holidays Act, 1898 .. 2 0 0

And see sections 26, 27.

Bill of E.xchange or Promissory-note— ■5(1 Vic. No. 10, s. 2.

For every £25 and also for any fractional part of £25..	..	..	0	0	6
And see sections 28, 29, .30, 31.

Bill of Lading— 44 Vic. No. 3.

For every bill of lading or copy thereof	..	..	..	..	0	0	6 Schedule It
And see sections 33, 34.

Conveyance or Transfer on sale of any share or shares in the stock and funds of any corporation, company, or society whatever in New Couth Wales.

For every £10 and also for any fractional part of £10 of the

consideration money therein expressed .. .. .. 0 0 6

And see section 66, and the exemptions to this Schedule.

Conveyance or Transfer on sale of any property (except such stock and

funds as aforesaid)—

Where the amount or value of the consideration for the sale

does not exceed £50 .. .. .. .. . . .. 5

Exceeds £50 and does not exceed £100 .. .. .. .. 10

For every £100 and also for any fractional part of £100 of such

amount or value.. .. .. .. . . . . .. 10

Conveyance of any other kind not before charged .. . . . . 0

And see sections 35, 36, 37, 38.

D raft—payable, on demand. Bee section 32 . . .. . . .. . . 0 0 1

D eed of any kind whatever not otherwise charged	in this Schedule	..	. .	1 0	0
L ea se—

(1) Fur any definite term or for an indefinite term of any lands,

tenements, or heritable subjects—

Where the consideration or any part of the coinsideration moving either to the lessor or to any other person shall consist of any money, stock, or security—

( The siiine <.lut\'

. , . ̂as ii c'onvevaiice

In re.spect of such consideration . . . . oti h sale fm-tin-

n	I .same considera-
lion.

Where the consideration or any part of the consideration

shall be any rent—

In respect of such consideration—

For every sum not exceeding £50 per annum .. . . 0 2 6

And for every £50 or fractional part of £.50 per annum 0 2 6

(2)	Of any other kind whatsoever	. .	. .	. .	. .	. .	1	0	0
And sec sections 39, 40, 41.	»

M e .mouandu.m

388   Act No. 27, 1898.

stamp Duties.

I as for a conve}'- /The same duty

. .̂ . . I ai'ce for the sale

Memorandum of transfer under the Act twenty-sixth Victoria number nines for»

j like sum the con­

I siderationotsuch \transfer.

P olicy for or against loss by fire— £ s. d.

For every £100 and also for every fractional part of £100 insured for

any term or period exceeding six calendar months .. . . 0 0 6

And not exceeding six months .. .. .. . . .. .. 0 0 3

On every renewal or continuance thereof for every £100 and for every

fractional part of £100 insured for any term .. .. .. 0 0 3

Policy for any voyage or period—

For every £100 and also for any fractional part of £100 so insured..	0	0	3
On every renewal or continuance thereof for every £100 or fractional

part of £100 .. .. .. .. .. .. . . . . 0 0 3

P olicy not otherwise specified—

For every £100 and for every fractional part	of £100 insured	..	0 1 0
And see sections 43, 44.

Receipt given for or upon the payment of any sum of money amounting to

£2 and upwards .. .. .. .. .. .. . . .. 0 0 2

Transfer of Share.?. See Conveyance.

Transfer of any run or station held under lease or promise of lease from the

Crown or of any interest therein where the declared value of the said

run, or station, or interest, or the value thereof assessed as in this

Act provided shall not exceed £100 .. .. . . .. . . 0 10 0

And where such value shall exceed £100 then for every £100 and

any fractional part of £10<4 .. .. . . . . .. 0 10 0

And see seoiion 48.

Exemptions.

Any agreement or memorandum for the hire of any labourer, artificer, manufacturer,

or menial servant.

Any agreement or memorandum made for or relating to the sale of any goods, wares, or

merchandise.

Any agreement or memorandum made between a master and any mariner of any ship or vessel for wages on any voyage coastwise from port to port in the Colony of New South Wales.

Any Debenture or Treasury Bill issued by the Government of New South Wales.

A ny draft or order for the payment of money issued by any duly authorised officer of the

Government on account of the Public Service.

Any draft or order for the payment of money commonly called an advance note issued

by a master of a ship or vessel in favour of a seaman.

A ny instrument relating to the service of an apprentice, derh, or servant.

Any Customs bond.

A ny administration bond.

Any bail bond.

Any bond to the Crown for the safe custody of an insane person.

Any bond on appointment of a special bailiff.

Any

Act No. 27, 1898. 389

Stamp Duties.

Any mortgage of real property or mortgage given hy ivay o[ hill of sale or otherwise of live stock, goods, chattels, or efjects, or personal estate generally, and any transfer assignment, release, reconveyance, or discharge thereof, and every receipt endorsed on either or any of said documents for the consideration thereof.

Any preferable lien or any lien on erops binder the Lien on Crops and TFoô and Stock

Mortgages Act, 1898.

A ny policy of insurance on life or on any public hospital or charitable institution.

Any policy of insurance on the tools or implements of icork or labour used hy any working

meehanic, artifieer, handicraftsman, or labourer hy a separate policy in a distinct

sum.

Any policy, whereby any insurance company, or underwriter, or association of under­ writers may effect an insurance or transaction, the original policy representing ivhich may have already contributed to the .stamp duty wvposed on policies : Pro­ vided that the fact of such policy heing a reinsurance policy shall be expressed on the face thereof.

Any receipt given for or upon the payment of money to or for the use of Her Majesty.

Any acknowledgment hy any hanker of the receipt of any bill of exchange or piromissory-

note for the purpose of being presented for acceptance or payment.

Any acknowledgment hy any person on receipt of money for the purchase of stock or

shares in any hanking or public company.

Any acknowledgment or receipt given hy cmy labourer, artificer, or workman for or on

account of icages received hy him.

Any receipt loritten upon or given for a hill of exchange or promissory-note duly stamped. A ny receipt endorsed, or otherwise loritten upon, or contained in any instrument liable

to stamp duty, and duly stamped acknowledging the receipt of the consideration

money therein expressed.

Any receipt given hy depositors o)i receiving deposits from any savings bank.

Any acknowledgment given for money deposited in any bank to be accounted for :

Provided that this exemption shall not extend to acknowledgments for any sum carried to the credit of any depositor or shareholder in any hank on any division of profits made by such bank, or for or in respect of any dividend from any joint stock or other company, on the same being deposited by any person to the credit of any other person in any hank, or for or in respect of any sum paid to the credit of any person in any hank for rent or interest hy any other person, or for or in respect of any sum deposited, which would he liable to duty if paid directly hy any person to any other person.

Any receipt given in anticijiation of a hill of lading, and not to ho used in lieu thereof.

Any instrument of appointment relating to any property in favour of persons specially

named or described as the objects of a power of appointment created by a previous settlement duly stamped in respect of the same property, or hy will where prohate duty has been paid in respect of the same property as personal estate.

Any instrument for the sale, transfer, or other disposition of any ship or vessel, or any

part, interest, share, or property of, or in any ship or vessel.

Any conveyance or transfer made since the first day of October, in the year one thousand 54 Vic. No. 15, s. 1.

eight hundred and ninety, of any shares in the stock and funds of any corporation, company, or society, carrying on only the business of mining for extracting or smelting any mineral or metal in New South Wales ; and whether the operations of such corporation, company, or society are carried on within New South Wales or elsewhere.

A nd

390  Act No. 28, 1898.

statute Law Revision.

44 Vic. No. 3. And any copy of rules, or power, warrant, or letter of attorney granted by any trustee

Schedule 1. of any friendly society, within the meaning of Friendly Societies Act, 1873, for the transfer of any share in the colonial funds or debentures, standing in the name of such trustee, or any order or receipt for money contributed to or received from the funds of any such society, by any person liable or entitled to pay or receive the same by virtue of the rules thereof, or any bond to be given to or on account of any such society, or by the treasurer, or any officer thereof, or any draft or order, or any form of policy, or any appointment of an agent, or any certificate or other instrument for the revocation of any such appointment, or any other document ichatever required or authorised by the rules of any such society, shall be eremvt from all stamp duties.

THIRD SCHEDULE.

‘ '.'ties on the estates of deceased persons.

Part I.

Sb. 4, 49-59. 1. On the probate or letters of administration to be granted in respect of any estate

50 Vic. No. 10. real and personal of deceased persons.

Schedule 11.	Where the value of such estate is under £5,0t>0	..	..	. .	..	1 per cent.
Where the value is £.5,000 and under £12,.500	..	2 per cent.
Where the value is £12,.500 and under £25,000	..	3 per cent.
Where the value is £25,000 and under £50,000 ..	4 per cent.
Where the value is £50,(X)0 and over that amount	5 per cent.

[Part II.

2. Settlement of property taking effect after death of settlor—same duties as under

P art I.