Towns > Edinburgh > 1846-1975 - Post Office Edinburgh and Leith directory > 1892-1893

STAMP DUTIES, ETC.
875
execution, on payment of the unpaid duty,
and a penalty of £10, and by way of further
penalty, where the unpaid duty exceeds £10,
of interest on such duty, at the rate of £5 per
cent, per annum, from the first date of the
instrument tip to the time when such interest
is equal in amount to the unpaid duty (§ 15
(I.))-
The payment of any penalty or penalties is to
be denoted on the instrument by a particular
stamp (§ 15 (4.)).
Instruments executed after 16th May 1888,
which are chargeable with ad valorem
Stamp Duty under the undermentioned
heads, viz. : —
Bond, covenant, or instrument of any kind
whatsoever ;
Conveyance on sale (and agreement for a sale
liable to conveyance on sale) ;
Lease or tack (and agreement for a lease or tack
for an indefinite term or any term not exceed-
ing thirty- five years) ;
Mortgage, bond, debenture, covenant, and
warrant of attorney to confess and enter up
judgment (including transfer and reconvey-
ance of such additional security, equitable
mortgage, etc.) ;
Settlement;
(a.) Instrument may be stamped within thirty
days after first executed, or after first
received in the United Kingdom, if first
executed out of the United Kingdom, unless
it has been lodged for adjudication.
(6.) If lodged for adjudication, it may be
stamped in accordance with the assessment
within fourteen days after notice of assess-
ment.
(c.) If instrument not duly stamped in con-
formity with the foregoing provisions, the
person in whose favour the instrument
operates, or the settlor, shall incur a fine
of £10, and, in addition to the penalty
payable bylaw on stamping the instrument,
there shall be paid an additional penalty
equivalent to the stamp duty thereon,
unless a reasonable excuse for the delay in
stamping, or for the omission to stamp, or the
insufficiency of stamp, be afforded to the
satisfaction of the commissioners, or of the
court, judge, arbitrator, or referee before
whom it is produced (§ 15 (2.)).
[The personal penalty is to be sued for by infor-
mation in the Court of Exchequer, in the name
of the Lord Advocate, and may be recovered
with full costs of suit.
The Board of Inland Revenue are empowered to
reward any person who may inform them of
any case in which the personal penalty has
been incurred, or who may assist in the
recovery of such penalty. — Board's Notice,
May 1888.]
Proviso. — Provided as follows : —
Instrument first executed abroad may be stamped
within thirty days after being first received in
the United Kingdom, on payment of the un-
paid duty only (§ 15 (3.) (a.)).
(See Note a.)
Board may remit penalties within three months.—
The commissioners may, if they think fit,
at any time within three months after the
first execution of any instrument, remit the
a. But policies of sea insurance made or executed
out of the United Kingdom can only be stamped
within ten days after being received in this coun-
try (95 (1.) (6.)).
penalty or penalties, or any part thereof
(§ 15 (3.) (6.)).
(See Note 5.)
Unstamped or insiifficiently stamped instruments
produced in Court, if duty and penalty be paid
to officer of Court, may be received in evidence.
— § 14 (1.) Upon the production of an instru-
ment chargeable with any duty as evidence in.
any court of civil judicature in any part of the
United Kingdom, or before any arbitrator
or referee, notice shall be taken by the judge,
arbitrator, or referee of any omission or in-
sufficiency of the stamp thereon, and if the
instrument is one which may legally be
stamped after the execution thereof, it may,
on payment to the officer of the court, whose
duty it is to read the instrument, or the
arbitrator or referee, of the ' amount of the
unpaid duty, and the penalty payable on
stamping the same, and of a further sum of
£1, be received in evidence, saving all just
exceptions on other grounds.
The provision applies to sea policies, but
penalty is £100, and a further sum of £1
(§ 95 (2.)).
The officer of the Court, etc., to account for duty
and penalties. — (2.) The officer, arbitrator, or
referee receiving the said duty and penalty
shall give a receipt for the same, and make
an entry in a book kept for that purpose of
the payment and of the amount thereof, and
shall communicate to the commissioners the
name or title of the proceeding in which, and
of the party from whom, he received the said
duty and penalty, and the date and description
of the instrument, and shall pay over to such
person as the commissioners may appoint, the
money received by him for the duty and
penalty.
Commissioners to stamp instrument. — (3.) Upon
production to the commissioners of any instru-
ment in respect of which any duty or penalty
has been paid as aforesaid, together with the
receipt of the said officer, the payment of such
duty and penalty shall be denoted on such in-
strument accordingly.
ADJUDICATION.
Doubts as to Sufficiency of Stamps may
be removed.
Commissioners may be required to express their
opinion as to duty.
Mode and effect of proceeding. — § 12 (1.) Subject
to such regulations as commissioners may
think fit to make, commissioners may be
b. Instruments to have stamps impressed are
received at the Cashier's Office, No. 3 Inland
Revenue, Edinburgh, to be stamped, if within thirty
days of the first date (the solicitor may in cer-
tain circumstances, and if not liable to ad valorem
duty, receive them within thirty days of the
last date), on payment of the duty; if beyond
that date, they are received at the Solicitor's
Office, No. 5, and are stamped on payment of
the duty and penalty. Persons applying will
be furnished with a schedule to be filled up and
presented, along with the instrument. The
amount of duty sought to be impressed is to be
inserted in the schedule by the applicant before
being presented, and the duty is to be paid at the
time of the application. Agreements liable to the
duty of 6d. must be lodged within fourteen days
of their date, in order to be stamped without
penalty.