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shall have come into the hands of such person, and such person shall thereupon be deemed to be a person required by law to stamp such instrument, and shall be liable to any penalty prescribed by the said Proclamation for any omission or neglect to stamp such instrument or deface the stamps thereon within the period mentioned in this section.
(2) Any such instrument upon which any stamp has been affixed or defaced as in this section mentioned shall thereupon be an instrument duly stamped; provided that nothing herein contained shall exempt the drawer or maker of any such instrument from the duty imposed by the said Proclamation of duly stamping or duly defacing the stamps upon any such instrument, or from any penalty imposed by law for neglect of any such duty.
5. Section 16 of the said Proclamation shall be and is hereby amended by the addition of the following provisu to sub-section (3) thereof: Provided always that if the amount of such penalty exceeds £20, the Colonial Treasurer may remit any part of the amount which exceeds the said sum.”
6. The second schedule to the said Proclamation shall be and is hereby amended
(1) By the repeal of the provisions as to lease of any
land, building or stand, and by the substitution of the following provisions :
Lease or agreement of lease of any land, building or
stand for any periods less than twenty-five years. (a) When the lease is for a period not exceeding one year,
or for an indefinite period terminable at the will of the lessor :
together with duty at the rate of 10s. for every
£100 or part thereof of any sum paid by way of further consideration, as is mentioned in paragraph (cl) hereof;
(b) when the lease is for a period exceedling one year,
but not exceeding ten years, duty shall be charged at the same rate as in (a), on a sum equal to half the aggregate rents payable during the period of the lease, together with any such further considera
tion as is mentioned in (1?); (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 a sum equal to the agoregate rents payable during the period of the lease, together with any further consideration mentioned in (d);
(??) when, in any of the cases mentioned in (a), (b) or (C),
a sum of money is paid in further consideration for the lease, not being by way of rent, such amount shall be added to the amount of rent as aforesaid for the purpose of calculating the duty chargeable;
(e) for the purpose of charging duty in any of the above
mentioned cases, the period of lease shall be taken to include any period or periods for which the lessee has the right of continuance or renewal, and in respect of which the lease in question serves as the agreement or contract between the parties, but if in any such case the lease is allowed to lapse, in conformity with the lease, br the option or will of the lessee, and ceases to be of force or effect, the Colonial Treasurer may refund the proportion of duty paid in respect of the remaining period on the claim being proved to his satisfaction ;
(1) in the case of an amending lease or agreement, by
which the rent is increased or further consideration paid, the duty payable shall be the difference between the duty paid on the pre-existing lease and the duty payable if the increased rent or further consideration had been included therein ;
(9) where the rent or consideration is stated in kind or
produce or otherwise than in money, tlie alternative moner value as estimated between the parties shall also be stated for purposes of the duty, and duty
shall be charged according to such money value; (h) in the case of any lease of land for agricultural or
pastoral use and occupation, and such use and occupation are expressed as conditions of the lease (sic), the stamp duty chargeable shall be according to the scale provided under paragraph (11) of this sub
section ; (i) the word “lease," for purposes of duty, shall include
a sub-lease, or any cession of a lease, where such
cession is not liable to transfer duty. (2) By the repeal of paragraphs 2, 3 and 4 under the
head “ Power of Attorney," and the substitution of
the following provisions :
power is granted by an individual mandant, or
acting together as aforesaid
5s. (4) any special power not herein provided for 5s. (5) to act generally for the grantor
20s. (6) to act generally for the grantor otherwise than
for effecting the transfer or hypothecation of
10s. (7) a power of substitution shall be subject to duty in
like manner as a power of attorney ;
mandant may be cancelled by any one of them.
7. Section 4, sub-section (6) of the Stamp Duty Further Amendment Ordinance, 1902, shall be and is hereby amended by
the repeal of the substituted words in the said sub-section, and by the insertion of the following in lieu of such words :
Notarial instrument or duplicate or triplicate
original thereof, not being in itself charge-
8. No duty or fees payable in stamps shall be chargeable in respect of any instrument, or the registration thereof, if the duty or fees thereon would be paid and borne by the Colonial Government, or by any department thereof, and the Colonial Treasurer shall determine, in case of dispute, whether an instrument is exempt from duty or fees under this section, and his decision shall be final.
9. In this Ordinance the terms "bill of exchange” and “ promissory note ” shall have the same meanings as are assigned to them respectively by SS 20 and 21 of the Stamp Duties Amendment Proclamation, 1902, and the term “ banker shall include a body of persons, whether incorporated or not, who carry on the business of banking in this Colony, and any manager or deputymanager or other official in the employ of such body of persons, and acting in such capacity.
10. This Ordinance may be cited for all purposes as “ The Stamp Duties Amendment Ordinance, 1901,” and shall be read as one with the Stamp Duties Amendment Proclamation, 1902, the Stamp Duties Further Amendment Ordinance, 1902, and any law amending the same.
PART 5.-REVENUE LAWS.
Law No. 17, 1899.
1. Licences shall be levied for the exercise of the professions and trades and businesses specified in Articles 6 and 7 of this Law, for the amounts therein set forth and with a due regard to the following provisions.
2. Except where the contrary is in this Law specifically laid down, the licences shall not be granted for a longer or shorter time than up to and including the last day of December in the year in which the licence is issued.
3. The amount due for the licence shall be paid upon the issuing thereof and calculated from the commencement of the quarter in which the issue takes place, in proportion to the sum fixed for the licence.
4. Licences may be taken out per quarter, and paid for at an amount calculated in proportion to the sum fixed for the yearly licence, with an increase of 10 per cent.
5. All trade licences which are taken out for one year may be assigned by endorsement, save those for which security is given or which are of a personal nature or with regard to which special laws have provided or will provide.