Stamp Duties Act Amendment Act of 1886 No 15a (NSW)

Du t i e s Ac t of 1880. "

No. X.

An Act to amend the " Stamp Duties Act of

1880." [27th August, 1886.]

it enacted by the Queen ' s Most Exce l l en t Majes ty by and wi th lat ive Assembly of N e w South "Wales in th i s present BE t h e advice and consent of t h e Legislat ive Counci l and the Legis ­

Pa r l i amen t

assembled and by t h e au thor i ty of t h e same as follows :—

1. This Ac t which m a y for all purposes be cited as t he " S tamp Dut i e s A c t A m e n d m e n t Ac t of 1 8 8 6 " shal l t ake effect on and after

t h e thir ty-first day of A u g u s t one thousand e ight h u n d r e d and e ighty-

six I n this Ac t t h e expression " P r inc ipa l A c t " means t he " S t amp

2. The for ty- th i rd forty-sixth and for ty-n in th sections of t he

i P r inc ipa l A c t together w i th t ha t por t ion of t h e	First	Schedule	the re to
contained in the words and figures fo l lowing—

" B I L L OF EXCHANGE OR PROMISSORY N O T E .

For every £ 5 0 and also for any fract ional p a r t £ s. d.

of £ 5 0 0 0 6 "

and also t h e Second Schedule to t he said Ac t are he reby repealed A n d in l ieu of t he por t ion of Schedule I so repealed t h e words a n d figures contained in Schedule A hereto shal l be subs t i tu ted A n d in l ieu of t h e words and figures conta ined in Schedule I I so repealed t h e Words and figures contained in Schedule B hereto shall be subs t i tu ted b u t such repeal shal l be wi thou t pre judice to t he pas t operat ion of any of t he said repealed sections or Schedules .

< : r e c e i p t "

3. The t e r m whenever used in this or t he P r inc ipa l

A c t shal l m e a n a n d include any s tamp m a r k impression indicat ion as

well as a n y note m e m o r a n d u m or wr i t ing whatsoever whereby a n y

money a m o u n t i n g to two pounds or upwards shall be deposited for a n y fixed period or shall be acknowledged or expressed to have been received or paid in satisfaction of a n y debt or whereby any debt or demand or any par t of a debt or demand of t he a m o u n t of two pounds or upwards shall be acknowledged to have been sett led satisfied or discharged or which shal l signify or impor t any such acknowledgment and whe the r t he same shal l or shall n o t be s igned wi th t h e n a m e of any person.

4. If any person sha l l—

(i) Give any receipt liable to d u t y and not du ly s t amped—

(II) l ief use to give a receipt duly s tamped in any case where a

receipt would be liable to d u t y —

( i n ) U p o n a p a y m e n t to t he a m o u n t of two pounds or upwards

give a receipt for a s u m no t a m o u n t i n g to two pounds or

separate or divide the a m o u n t paid	wi th	in t en t to evade	t h e
d u t y

he shall i ncu r a pena l ty of not less t h a n two pounds nor more t h a n t e n pounds Provided t h a t a demand for a n y such receipt shall no t in any way affect the val idi ty of a tender otherwise legal.

5. N o proba te of t he will or le t ters of adminis t ra t ion of t h e

goods chat te ls and effects of a n y person deceased shall be g ran ted after t he commencemen t of th i s A c t unless t h e appl icant for such proba te or le t te rs shall lodge wi th his appl icat ion an affidavit s ta t ing t h a t to t h e best of his knowledge and belief t h e estate of the deceased

exclusive of w h a t he was possessed of or ent i t led to as a Trus tee b u t

inc lud ing all his real es ta te and all estates for years are unde r t h e value of a cer ta in sum to be specified in such affidavit and shall a t t h e same t ime deliver w i th such affidavit a n inventory se t t ing for th a full and t r u e account of t h e estate of t h e deceased and t h e va lue thereof and all such par t i cu la r s as shal l be necessary or proper for enabl ing t h e Commissioner of S t amp Du t i e s fully and correct ly to ascer ta in t h e duties payable in respect of such es ta te A n d t h e P ro thono ta ry of t h e Supreme Cour t shall t r a n s m i t to t he Commis­ sioner every such affidavit and inventory toge the r w i th a copy of t h e will or le t ters of admin i s t r a t ion to which t h e y re la te wi th in t h i r t y days from the g r a n t i n g of any proba te or le t te rs of adminis ­ t ra t ion unde r a penal ty no t exceeding fifty pounds for a n y neglect the re in a n d t h e Commissioner if satisfied wi th such account and inventory or wi th a n y a m e n d m e n t t h a t m a y be made there in upon his requis i t ion m a y assess t h e d u t y on t h e footing of such account and inven tory (after deduc t ing t h e debts ac tua l ly due and owing by t h e deceased upon the s u m specified in such affidavit) according to t h e rates set for th in t he Schedule B here to and such probate or le t ters m a y be

s t amped

s t amped accordingly	B u t if t h e Commissioner is dissatisfied wi th such
account and inventory he m a y cause an account	and inven to ry to be

t a k e n by any person to be appointed by h im for t ha t purpose a n d he

m a y assess t h e du ty on t h e footing of such las t -ment ioned accoun t a n d inventory subject to appeal therefrom in accordance wi th t he provisions of section sixteen of t h e Pr inc ipa l A c t and if t h e d u t y shall

exceed t h e d u t y assessable according to the r e t u r n m a d e to t h e Com­

missioner a n d w i t h w h i c h he shall have been dissatisfied a n d if t he re

shal l be no appea l aga ins t such assessment t h e n i t shal l be in t h e

discret ion of t h e Commissioner h a v i n g regard to t h e mer i t s of t h e

case to charge t h e whole or a n y pa r t of t h e expenses inc ident to t h e

t a k i n g of such las t -ment ioned account and inven tory aga ins t the esta te of t h e said deceased and to recover t h e same accordingly and if there shal l be a n appeal aga ins t such las t -ment ioned assessment

t h e n t h e p a y m e n t of such expenses shal l be in t he discret ion of t he

Cour t Provided t h a t no such account or inven tory as las t -ment ioned

shal l be t a k e n by such Commissioner or by any person appointed by h i m wi thou t t he previous approval of t he Colonial Treasurer for the t i m e be ing A n d the Commissioner m a y lodge wi th t he Regis t ra r - Genera l a caveat agains t t he issue of any certificate of t i t l e by t rans ­ mission where t h e land advert ised by h i m does not clear ly appear to have been inc luded in any affidavit or inventory lodged wi th t h e Com­ missioner in connect ion wi th t h e estate of any deceased person upon which probate or adminis t ra t ion d u t y has been assessed or where t h e will of any deceased propr ie tor has not b e e n proved in or le t ters of adminis t ra t ion gran ted by t h e S u p r e m e Cour t A n d every such caveat shal l be deal t w i th in all respects as if it were a caveat filed by t h e Regis t ra r -Genera l except t ha t the Commissioner shall be considered as the caveator.

G. The power to appoint officers conferred by the fourth section D e p u t y or a n Ass is tant Commissioner of Stamps who shall per form such dut ies a n d exercise such powers as t h e Governor wi th the l ike of t he Pr inc ipa l A c t shall ex tend to t he appo in tmen t of e i ther a

advice m a y from t i m e to t i m e prescr ibe.

S C H E D U L E A .

B I L L OP EXCHANGE on PROMISSORY N O T E — £ s. d.

For eYery £ 2 3 and also for any fractienal part of £ 2 5 ... ... 0 0 0

S C H E D U L E B .

D U T I E S OX THE ESTATES OF D L C F A S E D PERSONS.

P A R T I.

1. On the Probates or Letters of Administration to he grr.nled in respect of any

estate real and personal of deceased persons—

Where the value of such estate is under £5,C00 ...	...	...	1 per cent.
"Where the value is £ 5 , 0 0 0 and under £12 ,500	2 per cent.
W h e r e 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 ,000 and over that amount	...	...	5 per cent.

F A R T I I .

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

under Part I .

D No. X I