Stamp Duties Act Amendment Act of 1871 No 11a (NSW)

1871. 34 ̂ VIC. No. 20.

stamp Duties A ct Amendment.

No. XX.

St a m p D u t ie s A ct

An Act to amend the “ Stamp Duties Act of A m b k d m b h t .

1865.” [m il May, 1871.]

XljTTHEEEAS by the “ Stamp Duties Act of 1865” certain Stamp Preamble.

\ Y Duties specified and contained in certain Schedules to the said

Act annexed were granted and made payable for and in respect of the several instruments matters and things described or mentioned in the said Schedules and whereas the said Act was amended by the Act thirty-one Victoria number twenty-six and as so amended was con­ tinued by the Act thirty-four Victoria number thirteen until the thirty- first day of May one thousand eight hundred and seventy-one and whereas it is expedient to amend the said firstly recited Act hereinafter styled the Stamp Duties Act and substitute for portions of the said Schedules certain other Schedules in lieu thereof Be it therefore enacted by the Queen’s Most Excellent Majesty by and ivitli 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 :—

1.   Erom and after the thirty-first day of May one thousand eight Duties contained in

hundred and seventy-one the several Stamp Duties now payable granted,

under and by virtue of any of the said recited Acts for or in respect of the several instruments matters and things described or mentioned (otherwise than by way of exception) in the Schedules to this Act annexed and for or in respect of which other duties are by this Act granted and imposed shall respectively cease and determine and shall be and the same are hereby repealed and in lieu and instead thereof there shall be granted raised levied collected and paid in and throughout the Colony of Now South Wales unto and for the use of Her Majesty Her Heirs and Successors for and in respect of the several instruments matters and things described or mentioned in the said Schedules or for or in respect of the vellum parchment paper or other material upon which any of them respectively shall be written the several stamp duties or sums of money set down in figures against the same respectively or otherwise specified or sot forth in the said Schedules and the several provisions regulations directions and exemptions in the said Stamp Duties Act contained with respect to the said duties and the instruments matters and things charged therewith or exempted therefrom shall bo deemed and taken to be part of this Act and shall be applied observed and put in execution accordingly. , ,

2. A ll the powers provisions regulations directions allowances ^X^Actdo and exemptions fines forfeitures pains and penalties contained in or Unue in force, imposed by the said Stamp Duties Act or any Schedule thereto^ shall

respectively bo of full force and effect with respect to the duties by this Act granted and to the vellum parchment paper or other material instruments matters and things charged and chargeable therewith and to the persons liable to the payment of the said duties so far as the same are or shall be applicable in all cases not hereby exj>ressly provided for and shall be observed applied allowed enforced and put into execution for and in raising levying collecting and securing the said duties hereby granted and othei’wise in relation thereto so lar as i,he same shall not be superseded by and shall be consistent with the

provisions

No. 20. 34̂ VIC. 1871.

Stamp Duties A ct Amendment.

provisions of this Act as fully and effectually to all intents and ])urposcs as if the same had been herein repeated and specially enacted mutatis mutandis 'with reference to the duties by this Act granted.

Penalt y for not giving	3.	I f any person shall give any receipt liable to duty and not
stampocl receipt.

dvdy stamped or in any case \Ylierc a receipt would be liable to duty shall refuse to give a receipt duly stamped or upon a payment to the amount of two pounds or \ipwards shall give a receipt for a sum not amounting to two pounds or shall separate or divide the amount paid with intent to evade the duty he shall forfeit the sum of ten pounds to be recovered in a summary way before any two Justices of the Peace on the complaint of any Commissioner of Stamps Provided that nothing in this clause shall apply to receipts given by Depositors in any Savings or Penny Bank for money paid to them by such bank on account of such deposits.

Policies and instru­

ments of insurance I. The Stamp Duties chargeable under this or any other Act for

made abroad on	the time-being in force upon or in respect of any policy of insurance of
behalf of insurers
New South Wales	any description shall extend to and be deemed to be payable upon and
•when chargeable	in respect of any policy or other instrument of insurance which shall
with stamp duty.	be made or signed or purport to be made or signed out of the Colony of New South Wales by or on behalf of any person carrying on the busi­ ness of insiu’ance within the said Colony or 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 in the said Colony upon the happening of any contingency whatever and no policy or other instrument of insurance hereafter issued and chargeable Avith Stamp Duties as aforesaid shall be A’alid or aA^ailable in the said Colony for any purpose Avhatever unless the same shall be duly stamped for denoting the duties chargeable thereon as aforesaid
Policies executed	Provided ahvays that if such policy or instrument shall be brought to

to boBhamped̂ ŵ ̂	Commissionci’s for the purpose of being stamped as aforesaid
two months after

heing received in	Avithin tAvo calendar months next after the same shall have been received
New South Wales.	in the said Colony and upon proof of that fact to the satisfaction of the said Commissioners they shall cause such policy or instrument to be duly stamped on payment of the duties chargeable thereon but after the expiration of the said period it shall not be laAvful for the said Commissioners to permit the said policy or instrument to be stamped on any pretence AV'hateA'cr.

Real estate not	5. No administration duty shall be charged on the real estate
chargeable with

administration

of any intestate and no duty shall be charged on the taking out of any

d u tj &c.

seeond probate or letters of administration if the proper amount of

duty has been duly paid on first taking out the same.

The purchase money

to be truly set forth 6. Prom and after the passing of this Act in all cases of the

in conveyances &c. sale or transfer of any property the true purchase or consideration money shall be truly set forth in the instrument Avhereby such property is intended to be conveyed or transferred so that the proper amount of stamp duty may be paid thereon under a penalty not exceeding one hundred pounds to be recovered and enforced from and against each and every party to such instrument of transfer or con­ veyance and every attorney solicitor or other person employed in or about the preparation of such instrument of transfer or conveyance if such attorney solicitor or other person so employed shall knoAvingly or Avilfully insert or be priA'y to the insertion of any sum of money other than the true purchase or consideration money in such instru­ ment of transfer or conveyance in the manner hereinbefore direeted

nô eTaslonof'̂ aur'’* pcrsoii shall be liable to any such penalty unless the

’	duty actually paid iu resjiect of such instrument or couA'eyance shall be less than Avould liaA’C been payable for the same in case the full purchase or consideration money had been truly expressed and set
forth according to the directions of this Act. . . .

1871. 34' VIC. No. 20. 29

stam p Duties A ct Amendment.

7. Tliis Act and the Stamp Duties Act of 1865 as amciided by

the Act 31 Victoria No. 20 and by this Act shall continue and remain '

in force until the thirty-lirst day of December one thousand eight

hundred and seventy-four.

8. This Act may be cited as the “ Stamp Duties Act Amend- title-

ment Act of 1871.”

T h e S c h e d u l e to w h ic h t h is A ct r e f e r s .

Containing the Duties imposed hy this Act.

SCHEDULE I.

£ s. d.

B ill of Exciianoe D eaft or Oedee viz.—^

Draft or order for the payment of any Bum of money to the hearer or

to order on demand................................................................................ 0 0 1

Inland B ill of Exciiakoe D raft or Order for the payment to the bearer or to order at any time othenvise than on demand of any Bum of money not exceeding £50 ............................................................... 0 1 0

Exceeding £50 but not exceeding £100 ................................... 0 2 0

And where the same shall exceed £100 then for every £50

and also for any fractional part of £ 5 0 ........................... 0 1 0

Inland'Bihi, D raft or Order for the payment of any sum of money I on a niii of ex- though not made payable to the bearer or to order if the same -< uke'fmn iwyabio shall be delivered to the payee or some person on his or her behalf / bearer or to ^ Older.

And the following instrumeniB are to bo deemed and taken to be inland bills drafts or orders for the jiayment of money chargeable with stamp duty—

Bills drafts or orders for the payment by any Bank or Banking Company of any sum of money though not made payable to the bearer or to order and whether delivered to the payee or not and all writings or docu­ ments entitling any person to the payment by any Bank or Banking Company of any sum of money whether the person to whom payment is to be made shall be named or designated therein or not or whether the same shall be delivered to him or not as if the same had been made payable to bearer or to order.

Foreign B ill of Exchange D raft or Order drawn in but payable out of

the Colony of New South AValcs—

( The same duty an

3 on an Inland tBill

If drawn singly. y of the same Q amount and tenor

I f drawn in sets of two for ei ery Bill of each set where the sum payable thereby shall not exceed £50 ................................... 0 0 6

And where it shall exceed £50 for every £50 and also any fractional part of £ 5 0 ................................................................	0 0 6
I f drawn in sets of three or more for every bill of each sot where the sum payable thereby shall not exceed £ 5 0 .......................	0 4
And where it shall exceed £50 and not exceed £100 ...................	0 8
And where the same shall exceed £100 then for every £50 and also any fractional part of £50 ...............................................	0 0 4

The .^ame duty a«

Foreign B ill of Exch.vxge D raft or Order drawn out of but payable C on an inland bill of

ivithin the Colony of New South Wales ....................................... I t i ic same amount

Foreign

B i l l o f E x c h a n g e D r a f t or O r d e r d r a w n out of a n d p a y a b l e ("Hic same duty

out of the Colony of New South Wales but indorsed or negotiated] Bii"'ot''tiio 'same

within the said Colony....................................................................... (.amount and tenor

Provided that drafts or orders commonly called station orders drawn within any of the neighbouring Colonies for the payment to the bearer or to order on demand of any sum of money not exceeding £10 shall be chargeable with the same amount of stamp duty as drafts or orders iiayable on demand drawn within the Colony of New South Wales.

Exemgitions. ■

A l l Debentures and Treasurg Dills issued hy the Government o f

ph Wales.

Drafts or die payment o f money issued hy any duly

authoriz	ffP ^^ ff^^o G o vern m en t on account o f the Public
Service.

Any

30 No. 20. 34̂ VIC. 1871.

Stamp Duties A ct Amendment.

Any letter written hy a Banhiny Company within the Colony o f New £ s. d.

South Wales to any other Banking Company ivithin the Colony directing the payment o f any sum o f money the same not heing payable to hearer or to order and not heing sent or delivered to the person to lohom payment is to he made or to any person on his behalf

Any warrant voucher or letter o f direction which may he used hy any Banking Company icithin the Colony fo r the purpose o f transferring money from one to another o f its Branches or Agencies either within or without the Colony the same not heing in any manner issued to the public.

Drafts or orders fo r the payment o f money issued hy masters o f ships or vessels in favour o f seamen commonly called advance notes.

Composition Annual to be paid by Banking Companies in lieu of Duties

on Promissory Notes payable on demand issued by them—

Por every £100 and also for the fractional part of £100 of the average annual amount of such notes in circulation as certified under 4 Vic. No. 13 ................................................. 2 0 0

Pbomissoet N ote issued by any Banking Company within the Colony of

New South AVales for the payment of any sum of money to

the hearer on demand. Sec Composition.

Peomissoet N ote for the payment either to the hearer on demand or in any

other manner than to the hearer on demand of auy sum of money—

Not exceeding £50 ......................................................................	0	1 0
Exceeding £50 and not exceeding £100 ................................	0	2 0
And where the same shall exceed £100 then for every £50

and also for any fractional part of £ 5 0 ............................ 0 1 0

/ The same duty as

Foreiqn Peomissoet N ote made in but payable out of the Colony of New j on a. foreign bin

bouth Wales ........................................................................................ i the same amount

V and tenor.

I The same duty

Ferreign Peomissoet N ote made or purporting to bo made out of the wû of "’"xchlngo

Colony of New South Wales for the payment within the said-( for the payment Colony of auy sum of money. I Semamrof t̂i'i

4 same amount.

Foreign Peomissoet N ote made out of and payable out of the Colony of r The same duty as

JNew bouth Wales but indorsed or negotiated within the said < of exchange of

I the same amount

Colony ................................................................................................................................. V and tenor.

And the following instruments are to he deemed and taken to he Promis­ sory Notes chargeable with ad valorem duty unthin the intent and meaning o f this Act—

All Debentures hereafter issued by any Public Company Corpora­ tion or Society in the Colony of New South Wales—and all Debentures whatsoever issued out of the Colony of New South Wales if uegotiated within the Colony of New South Wales.

PoLiCT of assurance or insurance or other instrument by wdiatever name the same shall be called whereby any insurance shall be made of or upon any building goods wares merchandise or other pro­ perty from loss or damage hy fire only—

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 of any policy for £100 and

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

Fxemptions. Policy o f insurance on Public Hospitals. Policy o f insurance on the tools or implements o f work or labour

used hy any ivorking mechanic artificer handicraftsman or

labourer hy a separate policy or in a distinct sum.

PoLiCT of assurance or insurance or other instrument by ivhatever name the same shall bo called whereby any insurance shall be made upon any ship or vessel or upon any goods merchandise or other property on board o f any ship or vessel or upon the freight of any ship, or vessel or upon any other interest in or relating to auy shiji or vessel which may lawfully he insured fo r or upon any voyage whatever the following duties where the wholoj

insured shall not exceed £100 and wlici	^ed
shall exceed £100 then for every £100 ;	)ual
part of £100 w hereof the same shall ^	...... 0 0 3

Exemptions.

1871. 34° VIC. No. 20.

stam p Duties A ct Amendment.

Exemptions. £ a. d.

A ll insurance policies or policies iclierehy any Insurance Company or Underwriter or Association o f Underwriters may effect the insurances or transactions the oriyinal policies representing which may have already contributed to the revenue Provided that the fac t o f such policy being a re-insv/rance policy shall be expressed on the face thereof.

PoLTCT of assurance or insurance or otlier instrument by whatever name the same shall be called whereby any insurance shall be made upon any ship or vessel or upon any goods merchandise or other property on board of any ship or vessel or upon the freight of any shij) or vessel or upon any other interest in or relating to any ship or vessel—

When the same shall be made for any term or period whatever

for every £100 and for every fractional part of £100 ... 0 0 6

Provided that where any such insui’ance as aforesaid is renewed or continued on the payment of further premium the receipt given for such premium shall for the purposes of this Act bo deemed the policy and be chargeable with duty accordingly.

Exemptions.

A ll insurance policies or policies ivhereby any Insurance Company or Underwriter or Association o f Underwriters may effect the Insurances or transactions the original policies representing which may have already contributed to the Revenue Provided that the fac t o f such Policy being a Re-insurance Policy shall be expressed on the face thereof.

No progressive duty shall be charged on any Policy o f Insurance.

Policy of Assurance or Insurance not before charged—

For every £100 and for every fractional part of £100 insured ... 0 1 0

SCHEDULE II.

Legacy and E esiduaey D uties—

For EVEUY Legacy specific or pecuniary or of any other description of the amount or value of £20 or upwards given by any will or testa­ mentary instrument of any person either out of his or her personal estate or out of or charged upon liis or her real estate or out of any money to arise by sale mortgage or other disposition of his or her real estate or any part thereof and which shall be paid delivered retained satisfied or discharged after the passing of this Act.

Also for the cleae eesidue (when devolving to one person) and for every share of the clear residue (when devolving to two or more persons) of the personal estate of any person who shall have died after the passing of this Act (after deducting debts funeral expenses legacies and other charges first payable thereout) whether the title to such residue or any share thereof shall accrue by virtue of any testamentary disposition or upon a partial or total intestacy where such residue or share of residue shall be of the amount or value of £20 or upwards and where the same shall be paid delivered retained satisfied or discharged after the passing of this Act.

A.nd also for the clear residue (when given to one person) and for every share of the clear residue (when given to two or more persons) of the moneys to arise from the sale mortgage or other disposition of any real estate directed to be sold mortgaged or otherwise disposed of by any will or testamentary instrument of any jiorson who shall have died after the passing of this Act (after deducting debts funeral expenses legacies and other charges first made payable thereout if any) where such residue or share of residue shall amount to £20 or upwards and where the same shall be paid retained or discharged after the passing of this Act.

Where any such legacy or residue or any share of such residue shall have been given or have devolved to or for the benefit of a child o f the deceased or any descendant o f a child o f the deceased or to or for the benefit of the father and mother or any lineal ancestor o f the deceased a duty at and after the rate of one pound per centum on the amount or value thereof.......................................... £1

centum

Where any such legacy or residue or auy share of such residue shall have been given or have devolved to or for the benefit of a brother or sister o f the deceased or any descendant o f a brother or sister oj the deceased a duty at and after the rate of two pounds per centum on the amount or value thereof.......................................... £2

centum Where

No. 20. 34“ VIC. 1871.

stam p Duties A ct Amendment.

\Vhere any such legacy or residue or any share of such residue shall have been given or have devoh ed to or for the benefit of a brother or sister o f the father or mother o f the deceased or any descendant o f a brother or sister o f the father or mother o f the deceased a duty at and after the rate of three pounds per centum on the amount or value thereof ................................................................................£3 ^ centum

Where any such legacy or residue or any share of such residue shall have been given or have devolved to or for the benefit of a brother or sister o f a grandfather or grandmother o f the deceased or any descendant o f a brother or sister o f a grandfather or grandmother o f the deceased a duty at and after the rate of five pounds per centum on the amount or value thereof ....................................................... £5 t|p centum

And where any such legacy or residue or any share of such residue shall have been given or have devolved to or for the benefit of any person in any other degree o f collateral consanguinity to the deceased than is above described or to or for the benefit of any stranger in blood to the deceased a duty at and after the rate of six pounds per centum on the amount or value thereof................................... £G t|p- centum

And all gifts of annuities or by way of annuity or of any other partial

benefit or interest out of any such estate or effects as aforesaid shall

be deemed legacies within the intent and meaning of this Schedule.

And where any legatee shall take two or more distinct legacies or

benefits under any will or testamentary instrument which shall

together be of the amount or value of £20 each shall bo charged

with duty though each or either may be separately under that

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

Exemptions.

Legacies and residues or share o f residue o f any such estate or effects as aforesaid given or devolving to or fo r the benefit o f the husband or wife o f any person ivho shall have died or tcho shall die subsequently to the fir s t day o f July one thousand eight hundred and si.vlyfive.

Legacies given fo r religious educational or charitable purposes.

SCHEDULE III.

SirccKssroN D uties—

Where the successor shall be the lineal issue or lineal ancestor of the

predecessor a duty upon the value of the succession at the rate o f£ l '.jp centum

Where the successor shall be a brother or sister or a descendant o f a brother err sistei’ o f the predecessor a duty upon the value of the succession o f ........................................................................................£2 centum

AVhere the successor shall be a brother or sister o f the father <»■ mother or the descendant o f a brother or sistei' o f the father or mother o f the predecessor a duty upon the value of the succession o f .......£3 ^ centum

Where the successor shall be a brother or sister o f the grandfather or grandmother or a descendant o f the brother or sister o f the grand­ father or grandmother o f the predecessor a duty upon the value of the succession of ................................................................................£5 centum

Whore the successor shall be in any other degree o f collateral consan­ guinity to the predecessor than is hereinbefore described or shall be a stranger in blood to him a duty upon the value of the succession of........................................................................................£G ^ centum

Exemptions.

Where the u'hole succession or successions derived from the same prede­ cessor and passing upon any death to any person or persons shall not amount in money or principal value to £100 no duty shall be payable and no duty shall be payable upon any successions which as estimated according to the provisions o f this Act shall be o f less value than £20 iu the tvhole or by any person in respect o f a succession icho i f the same ivere a legacy bequeathed to him by the predecessor would be exempted from the payment o f duty in respect thereof by Schedule II.

A ll successions acquired in trust fo r religious educational or charitable

purposes.

No. XXL