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1140
STAMP DUTIES, ETC.
to the payee, provided that another completed
and duly stamped bill of exchange or pro-
missory note is produced identical in every
particular, except in the correction of the
error or omission, with the spoiled bill or
note :
• (7.) The stamp used for any of the following
instruments ; that is to say —
(a.) An instrument executed by any party
thereto, but afterwards found to be absolutely
void from the beginning:
(6.) An instrument executed by any party
thereto, but afterwards found unfit, by reason
of any error or mistake therein, for the pur-
pose originally intended :
(c.) An instrument executed by any party
thereto which has not been made use of for
any purpose whatever, and which, by reason
of the inability or refusal of some necessary
party to sign the same or to complete the
transactiou according to the instrument, is in-
complete and iusuflicient for the purpose for
which it was intended:
(d.') An instrument executed by any party
thereto, which by reason of the refusal of any
person to act under the same, or for want of
enrolment or registration within the time
required by law, fails of the intended purpose
or becomes void :
(«.) An instrument executed by any party
thereto which is inadvertently and unde-
signedly spoiled, and in lieu whereof another
instrument made between the same parties
and for the same purpose is executed and duly
stamped, or which becomes useless in con-
sequence of the transaction intended to be
thereby effected being effected by some other
instrument duly stamped :
Provided as follows : —
(a.) That the application for relief is made
within two years after the stamp has been
spoiled or become useless, or in the case of an
■ executed instrument after the date of the
instrument, or, if it is not dated, within two
years after the execution thereof by the
person by whom it was first or alone executed,
or within such further time as the commis-
sioners may prescribe in the case of any
instrument sent abroad for execution, or
when from unavoidable circumstances any
instrument for which another has been stib-
stituted cannot be produced within the said
period :
- (5.) That in the case of an executed instrument
no legal proceeding has been commenced in
which the instrument could or would have
been given or offered in evidence, and that
the instrument is given up to be cancelled :
(c.) That in the case of stamps used for
medicines or playing cards, the medicines or
cards bearing tbe stamps are produced to an
officer and the stamps are removed therefrom
in his presence.
Allowance for Misused Stamps. — § 10. When
uny person has inadvertently used for an instru-
ment liable to duty a stamp of greater value than
was necessary, or has inadvertently used a stamp
for an instrument not liable to any duty, the com-
missioners may, on application made within two
years after the date of the instrument, or, if it
is not dated, within two years after the execution
thereof by the person by whom it was first or
alone executed, and upon the instrument, if liable
to duty, being stamped with the proper duty,
cancel and allow as spoiled the stamp so mis- |
used.
Allowance, how to be made. — § 11. In any case in •
which allowance is made for spoiled or misused
stamps the commissioner may give in lieu thereof
other stamps of the same denomination and value, .
or if required, and they think proper, stamps of
any other denomination to the same amount in
value, or in their discretion, the same value in
money, deducting therefrom the discount allowed
on the purchase of stamps of the like description.
Stamps not wanted may be repurchased by the
Commissioners. — § 12. When any person is possessed
of a stamp which has not been spoiled or rendered
unfit or useless for the purpose intended, but for
which he has no immediate use, the commissioners
may, if they think fit, repay to him the value of
the stamp in money, deducting the proper dis-
count, upon his delivering up the stamp to be
cancelled^ and proving to their satisfaction that it
was purchased by him at the chief office or at one !
of the head offices, or from some person duly ap-
pointed to sell and distribute stamps, or duly ■
licensed to deal in stamps, within the period of two
years next preceding the application, and with
a bond fide intention to use it.
(See Note a.)
ESTATE DUTY,
Including the further or ' Skttlement
Estate Duty' (57 and 58 Vict. c. 30, Part I.).
Estate duty is payable on tbe principal value of
all property, heritable and moveable, and proceeds
and investments thereof, settled and unsettled,,
which passes, or which is by Act to be deemed to
pass on the death of a person dyiugafter 1st August
1894, either immediately or after an interval, or
at a period ascertainable bj' reference to death,
either certainly or contingently, and either
originally or by way of substitutive limitation.
Property Abroad.
Charge confined to raoveab/e property, the owner
of which dies domiciled in United Kingdom, or
to property in which deceased was interested for
life, and which was subject of a British trust.
Exemptions.
Estate duty not payable on the property of
common seamen, marines, or soldiers, dying in Her
Majesty's service; nor
On BiUy pension or annuity by Indian Government
a. The Inland Eevenue Office, No. 10 Waterloo
Place, Edinburgh, is open for the allowance of
spoiled stamps every day except Saturday, from
10 A.M. to 4 P.M. (Saturday, 10 to li). The dis-
tributors and sub-distributors of stamps, and
certain postmasters, also receive spoiled stamps
for allowance.
A supply of forms of affidavit is kept at the
Inland Revenue Office, and by the distributors, sub-
distributors, and certain postmasters; and claimants
may attend at the Inland Revenue Office, tbe ofBce
of a distributor, sub-distributor, or authorised
postmaster and have the affidavits taken; or they
may take the oath before a justice of the peace, and
shortly afterwards lodge th« affidavits and the
stamps with any of the above officers. If not brousht
within ten days or a fortnight afterwards the stamp
will not be allowed without a fresh affidavit. A
ticket is issued stating when application is to be
made for settlement. If application l^e not made
within the stated time, the claim will bo forfeited.
The stamps must be presented for allowance within
two years after being signed or spoiled. In all cases
the stamps must be delivered up to be cancelled.

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