Spirits

duty, person, note, contract, property, charged, sale, delivery, security and conveyance

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Contract note8.*—For the purposes of the Stamp Acts the expression " Contract note " means the note sent by a broker or agent to his principal (except where such principal is acting as broker or agent for a principal) advising him of the sale or purchase of any stock or marketable security. Where a note advises the sale or purchase of more than one description of stock or marketable security, the note is deemed to be as many contract notes as there are descriptions of stock or security sold or purchased. The duty of one penny on a contract note may be denoted by an adhesive stamp, and the duty of sixpence on a contract note is denoted by an adhesive stamp appropriated to a contract note. Every adhesive stamp on a contract note must be cancelled by the person executing it. Penalty.— Any person who effects any sale or purchase of any stock of marketable security of the value of „E50 or upwards as a broker or agent, must forthwith make and execute a contract note and transmit the same to his principal, and in default of so doing will incur a fine of .e20. And every person who makes or executes a contract note chargeable with duty, and not being duly stamped, incurs a fine of .£10 also. No broker, agent, or other person can have any legal claim to any charge for brokerage, commission, or agency with reference to the sale or purchase of any stock or marketable security of the value of 1)5 or upwards mentioned or referred to in any contract note unless the note is duly stamped. The duty of sixpence upon a contract note may be added to the charge for brokerage or aeency.

Conveyances on Sale.—Meaning.—The expression "Conveyance on sale" includes every instrument and every decree or order of any court or of any commissioners, whereby any property, or any estate or interest in any property, upon the sale thereof is transferred to or vested in a purchaser, or any other person on his behalf or by his direction. Stamping.—Where any part of the consideration consists of stock or marketable security, the conveyance is charged with an ad valorem duty on the value of the stock or security, and when any part consists of any security not being a marketable security, the conveyance is charged with ad valorem duty on the amount due on the date thereof for principal and interest upon the security. And where any part of the consideration consists of money payable periodically for a definite period not exceeding twenty years, so that the total amount to be paid can be previously ascertained, the conveyance is to be charged with ad valorem duty on such total amount. And where it consists of money payable periodically for a definite period exceeding twenty years or in perpetuity, or for any indefinite period not terminable with life, the conveyance is charged with ad valorem duty on the total amount payable during twenty years next after the date of the instrument. And where it consists of money payable periodically during any life or lives, the conveyance is charged with ad valorem duty on the amount payable during the period of twelve years next after the date of the instrument. But no conveyance on sale chargeable with ad valorem duty in respect of periodical payments, and also containing provision for securing the payments, is charged with duty in respect of such provision ; and no separate instrument made in that case for securing the payments is charged with any higher duty than ten shillings. When property is conveyed to any person in consideration of a debt due to him, and subject either certainly or contin gently to the payment or transfer of money or stock, whether being or con stituting a charge or encumbrance upon the property or not, then the debt, money, or stock is deemed the consideration in respect whereof the an valorem duty is charged. Sub-purchase.—Where a person having contracted for the

purchase of any property, but not having obtained a conveyance contracts to sell it to another person, and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance is charged with ad valorem duty in respect of the consideration moving from the sub-purchaser. And where a person having contracted for the purchase of property, but not having obtained a conveyance contracts to sell the whole, or any part or parts thereof to some other person or persons, and the property is in con sequence conveyed by the original seller to different persons in parts or parcels, the of each part or parcel is charged with ad valorem duty in respect only of the consideration moving from the sub-purchaser thereof, without regard to the amount or value of the original con sideration.

Certificates of birth, 4c.—The duty upon a certified copy or extract of or from any register of births, baptisms, marriages, deaths, or burials is paid by the person requiring the copy or extract ; it may be denoted by an adhesive stamp to be cancelled by the person by whom the copy or extract is signed before he delivers it out of his hands, custody, or power.

Delivery orders.—The expression "delivery order" means "any document or writing entitling, or intended to entitle, any person therein named, or his assigns, or the holder thereof, to the delivery of any goods, wares, or mer chandise of the value offorty shillings or upwards, lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such document or writing being signed by or on behalf of the owner of such goods, wares, or merchandise, upon the sale or trinsfer of the property therein." A delivery order is deemed to have been given upon a sale or transfer of the property in goods, wares, or merchandise of the value of forty shillings or upwards unless the contrary is expressly stated therein. The duty may be denoted by an adhesive stamp, to be cancelled by the person by whom the instrument is made executed, or issued. A fine of cao is incurred by any one who —(a) untruly states, or knowingly allows to be untruly stated, in a delivery order, either that the transaction to which it relates is not a sale or transfer of property, or that the goods, wares, or merchandise to which it relates are not of the value of forty shillings ; or (b) makes signs, or issues any delivery order chargeable with duty, but not being duly stamped ; or (c) knowingly, either himself or by his servant or any other person, delivers or procures, or authorises the delivery of, any goods, wares, or merchandise mentionei in any delivery order which is not duly stamped, or which contains to his knowledge any false statement with reference either to the nature of the transaction or the value of the goods, wares, or merchandise. But a delivery order is not by reason of it being unstamped deemed invalid in the hands of the person having the custody of, or delivering out, the goods, wares, or merchandise therein mentioned, unless he is proved to have been party or privy to some fraud on the revenue in relation thereto. The duty, in the absence of any special stipulation, is to be paid by the person to whom the order is given ; and any person from whom a dutiable delivery order is required may refuse to give it, unless or until the amount of the duty is paid to him.

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