Stamp duty on land transfers (1841) (WA)

WESTERN AUSTRALIA.

ANNO- QUARTO & QUINTO

VICTORIZE REGINA:,

No. 13.

An Act to impose a Duty upon the Transfer

of Landed Property.

WHEREAS it is expedient that a duty should be imposed upon Preamble. the transfer of Landed Property in the Colony of Western

Australia, for the purpose of obtaining a fund to be applied to the in-

trodu ction of labourers, mechanics and artizans into the said Expedient to raise a I n-

bour-fund.

colony ;—Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that from and after the 1st day of October in the present year, the Registrar of Deeds of the said colony shall be entitled, and he is hereby required, over and above and in Duty of 1 per cent. to be

addition to such fees as are atpresent payable by parties upon the paid the registration of in addition to the

registration of deeds and other conveyances, to charge and receive a present fees.

duty or sum of one pound for every hundred pounds of the consi-

4 & 5 Vie., No. 13. 1841.

duration stated and set forth in every conveyance so registered as aforesaid, whereby any lands, tenements or hereditaments, or any es- tate or interest in the same, is conveyed or transferred, except as are hereinafter excepted ; and at the like rate where the value of the consideration shall be less than one hundred pounds.

Purchase-money or con-	II. AND be it enacted, that in all cases where any lands, tene-
sideration to be set forth

in the principal instru-	ments or hereditaments, or any estate or interest in the same, are
ment, on pain of forfeiting	sold or transferred, the full value of the consideration which shall be
150, and five times the
excess of duty.	directly or indirectly paid or secured, or agreed to be paid for the same, shall be truly expressed and set forth in money, in words at length, in or upon the principal or only deed or instrument whereby the land or other property, or interest in the same, is granted, assigned, transferred, released, renounced, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or per- sons by his, her or their direction. And if in any such case as afore- said the purchase-money or consideration shall he untruly or fraudulently set forth, the purchaser or purchasers, and also the seller or sellers, shall forfeit and pay the sum of Fifty pounds, and shall also be chargeable with, and be holden liable to, the payment of five times the amount of the excess of duty ‘ which would have been payable for such deed or instrument as aforesaid in respect of the full purchase or consideration money, in case the same had been truly set forth and expressed in or upon the same, beyond the amount of the duty actually paid for the same.

Penalty on officer regis- III. AND be it enacted, that if any Registrar or other officer tering without payment entrusted with the enrolment of deeds shall register or enrol anyof duty £50, and the

amount of duty charge- deed or instrnment chargeable with duty under the provisions of this able. Act without having demanded and received such duty, he shall for-

feit and pay the sum of Fifty pounds ; and in addition thereto shall

pay a fine equal in amount to the duty so chargeable as aforesaid.

Penalties on Attorneys,	FV. AND be it enacted, that if any Attorney, Solicitor, or other
kc., for not inserting the

true consideration in any	person who shall be employed in or about the preparing of any such.
conveyance, &c., £50, and	deed, or other instrument, in or upon which the full purchase or
incapability.	consideration money is hereby required to be truly expressed and set forth as aforesaid, or who shall be employed for any of the parties thereto in any wise about or relating to the transaction therein mentioned, shall knowingly and wilfully insert or set forth, or cause to be inserted or set forth in or upon any such deed or other instru- ment, any other than the full and true purchase or consideration money directly or indirectly paid or secured, or agreed to be paid for the same, or shall in any wise aid or assist in the doing thereof respectively, every such Attorney, Solicitor, or other person so offending, shall, for every such offence, forfeit and pay the sum of Fifty pounds, and shall also be from thenceforth disabled to practise'

1841.              4 & 5 Vic. No. la.

as an attorney or solicitor ; and any other person being employed or instructed to prepare any such deed or other instrument in virtue of any public office or employment, and being guilty of such offence in the execution of his office or employment, and being thereof lawfully convicted, shall also forfeit and lose his office or employment, and be from thenceforth incapable of holding the same.

V.

PROVIDED always and be it enacted, that no person who- soever shall be liable to any penalty, disability or forfeiture whatso-	No penalty unless the
duty r

ay idatb,lt eless than the

ever by reason of the full purchase or consideration money not being truly expressed and set forth in or upon any such deed or other instrument as aforesaid, unless the duty or duties actually paid for the same shall be less than would have been payable for the same in case the full purchase or consideration money had been truly ex- pressed and set forth according to the directions of this Act.

VI.

AND he it enacted, that when the full purchase or consider- ation money shall not be truly expressed and set forth in the manner	Mere the consideration.
shall not be truly set forth,
purchasera niaenh y recoveras
hereinbefore directed, it shall be lawful for the purchaser or pur-	back-so much
chasers, or any of them, or his or her or their executors or adminis-	Wall not be stated.
trators, to recover back from tithe seller or sellers, or his, her or their executors or administrators, so much and such part of the purchase or consideration money as shall not be expressed and set forth a; aforesaid, or the whole thereof, if no part of the same shall be sc expressed and set forth, either in an action for money had and received for the use of the party or parties suing for the same, or by action of debt, bill, plaint or information in the Civil Court of this Colony.

VII.     AND be it enacted, that if any or either of the parties here- Parties liable to such pe-

by made liable to the payment of such fine, penalty, or quintuple others, stir:Bina=

duty, as aforesaid, shall give information whereby such fine, penalty, tied andtrewarded.

or quintuple duty, or any part thereof; shall be recovered from any other party or parties liable thereto, the party or parties giving the information shall not only be indemnified and discharged of such his, her or their liability, but shall also be rewarded out of the fine, penalty or quintuple duty so recovered, to such extent as the Go- vernor of the colony shall think proper, but not exceeding one half of what shall be so recovered ; and where any other person shall give information whereby any such penalty or quintuple duty shall be recovered, he or she shall be rewarded in the like manner.

VIII.     PROVIDED always, and be it enacted, that nothing in Exemption of conveyances

this Act contained shall extend to or affect conveyances of lands to te iror`irgagt reenseC sroawfinci

or from her Majesty, her heirs or successors, nor to any deed or sales by Auction.

other instrument by which any interest in any lands, tenements or

hereditaments, is conveyed or transferred by way of mortgage or re-

4 & 5 Vic. No 13. 1841:

conveyed, or re-transferred on the satisfaction of any mortgage, nor to any bona fide lease whereon a full and valuable rent shall have been reserved,—nor to any assignment thereof,—nor to any lands sold by public auction.

Penalties to be a debt to IX. AND be it enacted, that the several penalties, whether by the Crown. way of fines, duties, quintuple duties, or otherwise contained in this

Act, shall be deemed and taken to be a debt to her Majesty, her heirs and successors, of and from the several parties offendin, andw shall and may be sued for and recovered accordingly, provided the suit or proceeding for recovery of the same be instituted within ten years from the time of registration.

the Colonial Treasurer, toDuties to be paid over to X. AND be it enacted, that all sums of mone y received by the form a labour fund. Registrar of Deeds as such duties as aforesaid, and all fines and

forfeitures recovered under this Act, shall, after deducting the ex- penses of prosecution and of rewarding the party or parties informing, be paid over to the Colonial Treasurer, to be applied to the intro- duction of labourers, mechanics, and artizans into the said Colony, according to such arrangements as the Governor, with the advice and consent of the Legislative Council, shall from time to time by law appoint.

Act may be amended. XI. AND be it enacted, that this Act may be amended or re- pealed by any Act to be passed in the present Session.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Council I 29th July, 1841.

EDWARD C. SOUPER,

Acting Clerk of the Council.

Printed by authority of the Government, by R Stirlth