Stamp Duties Acts Further Amendment Act of 1894 (NSW)

1894. VIC. IVo. 20.

stamp Duties Acts Further Amendment (No. 2).

No. XX.

An Act to tiirther amend the Stamp i)utics st«,, ornisArTs * I M ' K ' I ' H K R

Act of 1880 and the Stain]) Duties Act Amendment Act of 1880. [23rd M a tj ,1894. ]

“O E it enacted by tlu'. Qiu'cn’s iMost Excellent Majesty, by and with J A the advice and consent of the Legislative Council and Legisla­ tive Assenihly of New South IXales in Parliament assembled, and by the autliority oftlu; same, as follows:—

1. (i) Wlier( ̂ application is made for probate or letters of Certain debts im<i

administration, or for an order to collect in respect of the estate of

any person dying after tin! ])assing of this Act domicihal at sonui Hnbie to duty,

place within or out of the Colony of New South lYalcs, the estate of

that person shall, for the purposes of the Stamp Duties Act of 1S80

and of file Stamp Duties Act iVnicndment Act of 18SG be taken to

include—

{(t) Every specialty debt due to that person and securt'd or partly secured by mortgage, encumbrance, pledge, or li('n, h'gal or equitable, of or over real or personal property situate rvithin the Colony, and notwithstanding that the specialty Avas, at tlu' time of tlie dcvatli of tliat person, outside tlie Colony.

(/;) Every sliare held by that pei'sou in any company, corporation, or society, wliether registered or incorporated within or out of the Colony, and carrying on the business of mining for any mineral in the Colony.

And duties may be levical, collected, and paid under and in accordance Avith llu' proA'isions of tlie said Acts and the Schedules tln'reto in respect of tlie said debts and shares, notAvithstanding that the debts or shares Averc not, at the time of the death of the said person, hona notabilia Avithin the Colony.

(ii) ProAuded tliat nothing in this section shall render any person liable under section forty-eight of the Stamp Duties Act of 1880 to a penalty for taking possession of or administering the estate of a dcceasi'd person, Avliere tlie estate includes no property in res])C(;t of Avliich })robate or letters of administration or an order to collect may be granted in the Colony.

2. (i) Duties shall be kwied, collected, and paid according to Certain oHtaics

the duties mentioned in SclnAule B to the Stamp Duties Act Amend- mtnit Act of 188G, and shall be charged and chargeable upon and in respect of all estate, Ai hether real or personal—■

(«) Which any person dying after the passing of this Act has disjiosed of, Avhether heforo or after the passing of this Act, by Avill, or by settlement containing any trust in respect of 23 vie., <■ . 15, s, 4.

that estate to take effect after his death, under any authority enabling that ]ierson to dispose of the same by Avill or deed, as the case may be.

{h) Taken under a voluntary disposition made after the passing 11 vic., c. 12, s. 3s,

of this Act hy any person so dying, purporting to operate as	̂tb'
an immediate com'eyance or gift inter vicos, whether by Avay of conA'cyance, transfer, delivery, declaration of trust or otherAvise, Avhidi has not been bond fide made twelve months hcforc the death of that person.

(c) Which any peu'son, so dying, haA’ing been absolutely entitled 11 vic., i-, 12, s. ns, therdo, has, before or after the passing of this Act,

. Amluntarily

68 No. 20. 5̂ ̂ VIC. 1894.

stamp Duties Acts Farther Amendment (No. 2).

voluntarily caused to be conveyed, transferred to or vested in himself and any other person jointly, whctlicr liy disposi­ tion or othenvisc, so that the beneficial interest therein or in some part thereof passes or accrues by survivorship on his death to that other person.

52 Vie., c. 7. s. 11.	id) Being a purchase or investment by any person, so dying, made either by himself alone or in concert with, or by arrangement ivith any other person, before or after tlie passing of this Act, with property or the proceeds of property to ivhich he was absolutely entitled, in the name of himself and any other person jointly, so that tlie beneficial interest therein or in some part thereof passes or accrues by survivor- sliip on his death to that other person.
44 Vie., e. 12, s. 38,
subs. 2 (c.)	(c) Passing under any voluntary settlement made before or after the jiassing of this Act by any person so dying, by deed or any other instrument not taking effect as a will, whereby an interest in that property or the proceeds of sale thereof for life or any otlier 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.
52 Vic., c. 7, s. 11.

And in this subsection the expression “ voluntary settlement” includes any trust, whether expressed in writing or otherwise, in favour of a I'olunteer, and, if contained in a deed or other instrument effecting the settlement, whether that deed or instrument was made for i-aluable consideration or not as between the settlor and any other person.

r,2 Vie., e. 7, S. 11.	(ii) The said duties shall be levied, collected, and paid, and shall be charged and chargeable upon and in respect of all personal estate (not being chattels real) taken under any gift whenever made by any person so dying, of which bond fide possession and enjoyment has not been assumed by the donee immediately upon the gift, and thenceforward retained to the entire exclusion of the donor, or of any benefit to him by contract or otherwise.
W Jial (lobl-8 may be
clciluctod.	3. (i) Where any person, dying after the passing of this Act, was at the time of his death domiciled within the Colony of New South Whales, all debts actually due and owing by him shall be deducted from his estate.
31 & 32 vii'. c. 124,	Wlicrc tlio pcrsou so dying was not at the time of his death domiciled within the said Colony, the only debts which may be deducted from his estate shall be debts due and owing to persons resident in the said colony, and debts secured by mortgage, encum­ brance, pledge, or lien, legal or equitable, of or over real or personal estate of the said person situate in the said Colony.
44 Vic. c. 12, s. 28.
(ii) Provided that, in any case, the debts to be dcductc'd shall not include voliiutary debts expressed to be payable on tin; death of the person so dying, or payable under any instrument whicli has not been ho7id fide delivered to the donee thereof three months before the death of the said 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, aboi'c the amount of the reimbursement claimalde.
Sliort title.	4. This Act may be cited as the “ Stamp Duties Acts Purthcr Amendment Act of 1894.” And this Act and the Acts amended by
it may be together cited as the “ Stamp Duties Acts 1880-1894.”

No. XXI.