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Proc. No. 12 of 1902.

AFFIDAVIT AND SWORN DECLARATION..

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ANTENUPTIAL CONTRACT

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BILL OF EXCHANGE Payable on demand or at sight on presentation
BILL OF EXCHANGE of any other kind whatsoever (except a Bank Note) and

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Promissory Note of any kind whatsoever (except a Bank Note) drawn or expressed to be payable or actually paid or endorsed, or in any manner negotiated in this Colony

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When the amount or value of the money for which the
Bill or Note is drawn or made does not exceed £10
Exceeds £10 but does not exceed £50

£100.

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£50 £100 For every £100 and also for every fractional part of £100 of such amount or value BOND, including Mortgage Bond, Deed of Security passed before a Notary, Deed of Kinderbewys—

STAMP DUTIES ON INSTRUMENTS.

SECOND SCHEDULE.

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Where the amount does not exceed £20
Exceeds £20 but does not exceed £50
£100

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£50
£100
For every £100 and also for every fractional part of £100
of such amount or value

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*Copy of any instrument passed before a Notary Public
CHEQUE. See Bill of Exchange.
LEASE of any land, building or stand

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BROKER'S NOTE for or relating to the sale or purchase of any stock
or marketable security

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(a). When the lease is for a period not exceeding one year or is renew-
able indefinitely, but terminable at the will of the lessor-

When the rent does not exceed £10 per annum
Exceeds £10 but does not exceed £20 per annum

£20
£50

£50
£100

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£100 per annum, for every complete £100

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NOTARIAL PROTEST OF A BILL OR NOTE
NOTARIAL CERTIFICATE of the presentation of a Bill or Note

+Notarial instrument or grosse or notarial attestation of any
instrument, or of any duplicate or copy of any instrument...
POLICY OF LIFE INSURANCE-

Where the sum insured does not exceed £1,000, then for every
£100 and any fractional part of £100 of the amount
insured
Exceeds £1,000, for every £100 and any fractional part of £100
of the amount insured.

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(b) When the lease is for a period exceeding one year, but not exceeding ten years, duty shall be charged at the same rate as in (a) on a sum equal to the rent multiplied by half the number of years for which the lease extends; and for this purpose every broken portion of a year shall be deemed to be an entire year.

(c) When the lease is for a period exceeding ten years, but not exceeding
twenty-five years, duty shall be charged at the same rate as in (a) on
the whole amount of the rent payable during the period of the lease.
(d) When in any of the cases mentioned above a sum of money is paid as
further consideration for the lease not being by way of rent, an addi-
tional duty of one per cent. shall be payable on the value of such further
consideration.

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*The words in italics were repealed by Ordinance 14 of 1902, sect 4 (a). + These words are an amendment of the Schedule as it was originally enacted, and are inserted by virtue of Ordinance 14 of 1902, sect. 4 (6).

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EXEMPTIONS FROM STAMP DUTY.

AFFIDAVIT AND SWORN DECLARATION.

Any affidavit or sworn declaration required by law, or by any public official authorised thereto, for purposes connected with the payment of any tax or duty to the Colonial Treasury.

BILLS OF EXCHANGE

(1) Bill of Exchange drawn by any banker in this Colony upon any other
banker therein, not payable to bearer or to order, and used solely for
the purpose of settling or clearing any account between such bankers.
(2) Bill of Exchange drawn by or upon the Colonial Treasury, or upon any
sub-accountant of the Colonial Treasury, or upon any public account.
(3) Coupons or warrants for interest or dividends attached to and issued with

any security or share certificate.

(4) Order addressed by any banker to another banker with whom is kept any account into which public revenue is paid, authorising the transfer of money from the account of such first-named banker to such revenue

account.

BONDS

(1) Bond given by or on behalf of any officer in the employment of the
Colonial Government in respect of the discharge of his official duties.
(2) Bond given in respect of the payment of Customs Duty or for public

revenue.

RECEIPTS

(1) Receipt given by any Receiver of Revenue, or other public officer, in respect of any tax or duty paid to him, or in respect of any money received by him in the course of his official duties.

(2) Receipt on Post Office Orders or Money Orders issued under the Regulations made by the Government in that behalf.

(3) Receipt for wages or salary paid by any department of the public service of the Colony to any official, or for witnesses' expenses in a

criminal trial.

+(4) Receipts given for money deposited in a bank or with any banker to be accounted for, and expressed to be received of the person to whom the same is to be accounted for.

(5) Acknowledgment by any banker of the receipt of any Bill of Exchange

or Promissory Note for the purpose of being presented for acceptance or
payment.

*The stamp duty on this was originally five shillings; the present duty is by virtue of Ordinance 14 of 1902, sect. 4 (c).

+ Paragraphs (4) and (5) under “Receipts" (supra) are inserted by virtue of Pr. Tr. 26 of 1902, sect. 2.

Proc. No. 12 of 1902.

Proc. No. 13 of 1902.

Preamble.

PROCLAMATION

By His Excellency the Administrator of the Transvaal.

(DATED 15TH APRIL, 1902.)

Days of Grace.

doubts have arisen as to the of

provision of "The Bills of Exchange Proclamation, 1902," abolishing Days of Grace in this Colony, and it is expedient to remove such doubts:

Now, therefore, by virtue of the authority in me vested, I do hereby proclaim, declare, and make known as follows:

Interpretation of Clause 2 of section 12 of "The Bills of Exchange Proclause as to Days of clamation, 1902," declaring that there are no Days of Grace Grace in Pr. Tr. 11 in this Colony shall only apply to Bills of Exchange and

of 1902.

Promissory Notes drawn or made on or after the fifteenth
April, 1902.

(See also Ord. 2 of 1902; Ord. 12 of 1902; Ord. 1 of 1903 and Ord. 10 of 1903.)

PROCLAMATION

By His Excellency the Administrator.
(DATED 10TH APRIL, 1902.)

Providing for Administration of Justice within the Colony of the Transvaal pending the establishment of the Supreme Court of the Transvaal.

it is expedient to make for the due

and effectual Administration of Justice within this Colony pending the establishment of the Supreme Court of the Transvaal:

Now, therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:

High Court to be

1. There shall be and there is hereby created, erected, and constituted within this Colony a Court, which shall be called established in Colony. "The High Court of the Transvaal," and shall be a Court of Record.

The Judge President and each of the Judges of the said Court shall on appointment be required before exercising the functions of his office to take the oaths set forth in Schedule A hereto annexed before the Governor, who is hereby authorised to administer the same.

Constitution of

2. The said Court shall consist of and be holden by and before so many members as the Governor may appoint, not Court; qualification and appointment of being less than four, one of whom shall be the President the members thereof. thereof, and shall be called and known as the Judge President of the High Court of the Transvaal; and he and the other members of the said Court, who shall be called and known as Judges, shall be respectively Advocates admitted or entitled to be admitted to practise in the said Court, or Judges of the Supreme Court of any British Colony, and shall be appointed by the Governor of this Colony by commission under his hand and seal.

3. Upon the death, resignation, sickness or incapacity of the Judge President or any Judge of the said Court, or in case of the absence of any of them from their duties on leave, or in

Proc. No. 14 of 1902.

This Proclamation is to form part of and be read as one with Ordinance 2 of 1902, and apply to the Courts established by it; and the following expressions are to be substituted in this Proclamation wherever they occur:-

Preamble.

(a) "Supreme Court " for "High Court."

(b) "Witwatersrand High Court" for "Witwatersrand District Court."
(e) "Chief Justice" for "Judge President."

For pensions of Judges on retirement, &c., see Ord. 35 of 1903.

How vacancy to be

filled in case of death, of the High Court.

etc., of any member

Proc. No. 14 of 1902.

How members of

the Court are to hold or be suspended from

office.

The seal of the Court.

Salaries of members of Court.

case of any such suspension from office as hereinafter mentioned of such Judge President or Judge it shall and may be lawful for the Governor, by commission under his hand and seal, to nominate and appoint some fit and proper person or persons to act as, and in the place and stead of, any such Judge President or Judge so dying, or resigning, or labouring under such sickness or incapacity as aforesaid, or being so absent as aforesaid from this Colony, or being so suspended until the vacancy or vacancies so created by any such death or resignation or sickness, or incapacity, or absence, or suspension, shall be supplied by a new appointment to be made in manner aforesaid by the Governor; or until the Judge President or Judge so becoming sick or incapable, or being absent, or suspended, as aforesaid, shall resume such his office and enter into the discharge of the duties thereof.

5. The said High Court shall have and use as occasion may require a seal bearing a device and impression of the Royal Arms of the United Kingdom of Great Britain and Ireland, within an exergue or label surrounding the same with The custody of the this inscription, "The Seal of the High Court of the Transvaal." The said seal shall be delivered to, and shall be kept in the custody of, the Registrar of the said Court or the Officer for the time being acting as such.

seal.

4. The Judge President and other Judges of the said Court shall hold such their offices during good behaviour: provided, nevertheless, that it shall and may be lawful for the Governor by any order or orders to be by him for that purpose made and issued under his hand and seal upon proof of the misconduct of any such Judge President or Judge as aforesaid, to suspend him from such his office, and from the discharge of the duties thereof: provided that in every such case the said Governor shall immediately report for the information of His Majesty, through one of his principal Secretaries of State, the ground and causes of such suspension, and His Majesty in Council shall have full power and authority to confirm or disallow such suspension, or upon sufficient proof to his satisfaction of any such misconduct to remove and displace any such Judge President or Judge from such office.

6. The Judge President and Judges of the said Court so long as they shall hold their offices respectively, shall be entitled to have and receive such salaries as shall be granted to them by the Governor, which shall be in lieu of all fees of office, perquisites, emoluments and advantages whatsoever; and no fees of office, perquisites, emoluments or advantages other than and except the said salaries shall be accepted, received or taken by any such Judge President or Judge on any account or any pretence whatsoever.

As to the member

any other

7. No member of the said Court shall accept, take, or perof the Court taking form any other office, place of profit or emolument within this Colony without the consent of the Governor; and the acceptance of any such other office or place as aforesaid, without the consent of the Governor, shall vacate and avoid such his office of

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