« PreviousContinue »
be held and is to be available only at the meeting so specified and any adjournment thereof.
*(2) The duty of one penny may be denoted by an impressed stamp, and a letter or power of attorney charged with the duty of one penny is not to be stamped after the execution thereof by any person.
(3) Every person who makes or executes or votes or attempts to vote under or by means of any such letter or power of attorney, not being duly stamped, shall incur a fine of fifty pounds, and every vote given or tendered under the authority or by means of the letter or power of attorney shall be void.
29. (1) For the purposes of this Proclamation the expression "policy of life insurance means a policy upon any life or lives, or upon any event or contingency relating to or depending upon any life or lives, except a policy of insurance against accident.
30. Every person who
(1) Receives or takes credit for any premium or consideration for any life insurance and does not within one month after receiving or taking credit for the premium or consideration make out and execute a duly stamped policy of insurance; or
(2) Pays or allows in account, or agrees to pay or allow in account, any money upon or in respect of any policy of life insurance which is not duly stamped;
shall incur a fine of twenty pounds.
31. (1) For the purposes of this Proclamation the expression "receipt" includes any note, memorandum, or writing whereby any money or any bill of exchange or promissory note for money is acknowledged or expressed to have been received or deposited or paid, or whereby any debt or demand or any part of a debt or demand 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.
(2) The duty upon a receipt may be denoted by an impressed stamp.
32. If any person
(1) Gives a receipt liable to duty and not duly stamped;
(2) In any case where a receipt would be liable to duty refuses to give a receipt duly stamped; or
(3) Upon a payment to the amount of one pound or upwards gives a receipt for a sum not amounting to one pound, or separates or divides the amount paid with intent to evade the duty;
he shall incur a fine of ten pounds.
The words in italics are repealed by Ord. 14 of 1902, sect. 3, and the subsection is to be read and construed as if these words had never appeared therein.
Proc. No. 12 of 1902.
Meaning of "Policy of life insurance."
Penalty for not making out policy or
making, etc., any
Penalty for offences in reference to receipts.
Proc. No. 12 of 1902.
+ Duty on loan capital.
33. (1) A statement of the amount which is to form the Charge of duty on capital of Limited nominal share capital of any company to be registered with Liability Companies. limited liability shall be delivered to the Registrar of Com
panies, and a statement of the amount of any increase of registered capital of any company now registered or to be registered with limited liability shall be delivered to the said Registrar, and every such statement shall be charged with an ad valorem duty of seven shillings and sixpence for every hundred pounds and any fraction of one hundred pounds over any multiple of one hundred pounds of the amount of such capital or increase of capital, as the case may be.
(2) In the case of neglect to deliver such a statement as is hereby required to be delivered, the company shall be required to pay to His Majesty in His Colonial Government, in addition to the duty, a sum equal to ten pounds per centum upon the amount of duty payable, and a like penalty for every month after the first month, during which the neglect shall continue.
(3) The provisions of this section shall also apply to any company which has registered any capital or increase of capital since the first day of September, 1900, under Government Notice No. 129 of 1901. Provided that where any such company has been registered, or where any increase of capital has been registered in terms of the said notice, on a date prior to the taking effect of this part of this Proclamation, the provisions of this section shall be deemed to have been complied with by payment of the amount for which security has been given or required by the said notice.
34. (1) When any joint stock company, formed or established in this Colony, propose to issue any loan capital, they shall before the issue thereof deliver to the Controller of the Treasury a statement of the amount proposed to be raised.
(2) Subject to the provisions of this section every such statement shall be charged with an ad valorem duty of seven shillings and sixpence for every hundred pounds and any fraction of a hundred pounds over any multiple of a hundred pounds of the amount proposed to be raised.
(3) On its being shown to the satisfaction of the Controller of the Treasury that the stamp duty payable in respect of a mortgage has been paid on any document securing the loan capital proposed to be issued, the amount of such stamp duty shall be deducted from the sum payable under this section.
(4) If any company neglect to deliver a statement, or fail pay the duty in compliance with this section, they shall be liable to pay to His Majesty in His Colonial Government, in addition to the duty, a sum equal to ten per centum upon the amount of the duty payable, and a like penalty for every month after the first month, during which the neglect or failure continues.
(5) In this section the expression "loan capital" means any
*This section and sect. 34 took effect from date of publication of the Proclamation
debenture stock, or any capital raised by any company which is borrowed, or has the character of borrowed, money whether in the form of stock, or in any other form, but does not include an overdraft at a bank, or other loan raised for merely a temporary purpose, for a period not exceeding twelve months.
35. In lieu of the stamp duty of one penny on bank notes imposed by Article 10 of Law No. 2 of 1893, there shall be paid Notes. on or before the fifteenth of January of every year, by every bank issuing notes in this Colony, a duty of five shillings for every hundred pounds or fraction thereof of the average amount of the notes circulated by such bank during the preceding year, which amount shall be estimated at the average circulation throughout such year as shown by the returns rendered by such bank in accordance with the aforesaid Law No. 2 of 1893.
(3) Fraudulently prints or makes an impression upon any material from a genuine die;
Certain offences in
36. Every person who does, or causes, or procures to be done, or knowingly aids, abets, or assists in doing any of the acts relation to dies and following that is to say
(1) Forges a die or stamp;
(2) Prints or makes an impression upon any material with a forged die;
(4) Fraudulently cuts, tears, or in any way removes from any material, any stamp with intent that any use should be made of such stamp or of any part thereof; (5) Fraudulently mutilates any stamp with intent that any use should be made of any part of such stamp;
(6) Fraudulently fixes, or places upon any material, or upon any stamp, any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any way removed from any other material, or out of or from any other stamp;
(7) Fraudulently erases, or otherwise, either really or
apparently, removes from any stamped material any
Proc. No. 12 of 1902.
(8) Knowingly sells, or exposes for sale, or utters or uses any forged stamp or any stamp which has been fraudulently printed or impressed from a genuine die;
(9) Knowingly and without lawful excuse (the proof whereof shall lie on the person accused) has in his possession any forged die or stamp, or any stamp which has been fraudulently printed or impressed from a genuine die, 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 mutilated, or any stamped material, out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise either really or apparently removed;
Duty on Bank
Proc. No. 12 of 1902.
Offences relative to
the unlawful posses sion of stamp paper,
Forfeiture of articles seized.
(10) Fraudulently removes, or causes to be removed from any instrument any adhesive stamp, or affixes to any other instrument or uses for any postal purposes any adhesive stamp which has been so removed with intent that the stamp may be used again;
(11) Sells, or offers for sale, or utters any adhesive stamp, which has been so removed, or utters any instrument having thereon any adhesive stamp which has to his knowledge been so removed as aforesaid;
shall be guilty of an offence against this Proclamation, and shall on conviction be liable to be imprisoned for any term not exceeding seven years.
37. Every person who without lawful authority or excuse (the proof whereof shall lie on the person accused) purchases or receives or knowingly has in his possession or custody
(a) Any paper manufactured or provided for the purpose of making or impressing stamps by or for the proper authorities before the same shall have been duly stamped and issued for public uses; or
(b) Any plate, die, dandy-roller, mould, or other implement;
38. On sworn information that there is just cause to suspect any person of being guilty of any of the offences contained in the two preceding sections, or to suspect that any stamps either forged, stolen, or fraudulently obtained, are in any place or in the possession or custody of any person, any Magistrate or Justice of the Peace, or any other officer who may be authorised to issue a search warrant, shall be entitled to issue a search warrant authorising any police constable or proper officer to search any such suspected person or any place belonging to or occupied by the suspected person, or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any machinery, implements or utensils applicable to the commission of any such offence, or where such machinery, implements or utensils, or any stamps stolen, forged or fraudulently obtained may be, and if upon such search any of the said several matters and things are Seizure of incrim- found the same may be seized and carried away, and shall
afterwards be delivered to the Magistrate of the district, who shall have custody thereof until the same be dealt with otherwise by law.
shall be guilty of an offence, and shall be liable on conviction to be imprisoned with or without hard labour for any term not exceeding two years.
39. Any matters or things so seized shall be adjudged to be forfeited to the Crown by the Court or the Magistrate having jurisdiction as to such offences, and thereafter shall be dealt with as the Controller of the Treasury may direct :
(a) If they be forged or fraudulently imprinted stamps, or if they be any die, stamp, implement or material which it is one of the said offences to make or possess or use;
(b) If they be stamps stolen or improperly obtained, or are
40. If any forged stamps are found in the possession of any person appointed to sell and distribute stamps, or being or having been licensed to deal in stamps, that person shall be deemed and taken, unless the contrary is satisfactorily proved, to have had the same in his possession knowing them to be forged, and with intent to sell, use or utter them, and shall be liable to the punishment imposed by law upon a person selling, using, uttering, or having in possession forged stamps knowing the same to be forged.
42. Any duty or fine or penalty imposed by this Proclamation shall be a debt due to His Majesty in his Colonial Government, and may be recovered by action in any competent Court.
Law No. 2 of 1871 *Law 5 of 1874
41. Where stamps are seized under a warrant the person authorized by the warrant shall, if required, give to the person to be given by person in whose custody or possession the stamps are found an acknowledgment of the number, particulars and amount of the stamps, and permit the stamps to be marked on the back before the removal thereof.
Law No. 5 of 1891
Law No. 7 of 1892
Law No. 13 of 1898
Title of Proclama
43. This Proclamation shall be cited as "The Stamp Duties Amendment Proclamation, 1902," and shall except as regards tion and date of taking effect thereof. Sections 33 and 34 take effect from and after the fifteenth of April next. The aforesaid sections shall take effect on the publication of this Proclamation.
No. 114, 22nd May, 1875 ...
Proclamation Transvaal No 39 of 1901 The whole.
The whole, with the exception of such
Proc. No. 12 of 1902.
Improper possession of forged stamps
by persons appointed stamps.
to sell or in
This partial repeal of Law 5 of 1874. Article 12, is by virtue of Pr. Tr. 26 of 1902, sect. 1
Recovery of penalties and fines.