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64
STAMP DUTIES.
Duty
per cent.
£1
3
5
6
10
LEGACY DUTY.
Legacies, Annuities, Residues, $c.
To children or their descendants, or lineal
ancestors, -
Brother or sister, or descendants, -
Uncle or aunt, or their descendants,
Grand uncle or aunt, or descendants,
All other relations or strangers,
The husband or wife of the deceased is not charge-
able with duty. If the legatee's husband or wife
is of nearer consanguinity than the legatee, duty
is payable according to such nearer relationship.
(16 and 17 Vict. c. 51, § 11.)
This duty is payable for every legacy out of the per-
sonal or movable estate, or out of or charged upon
the real or heritable estate of the deceased, or out
of any estate which he has power to dispose of, or
out of any moneys to arise by the sale, mortgage,
or other disposition of the deceased's real or heritable
estate, or any part thereof : Also for the clear
residue (after deducting debts, funeral expenses,
legacies, and other charges first payable thereout)
of the personal or movable estate, whether the
title to such residue shall accrue by virtue of any
testamentery disposition, or upon a partial or total
intestacy : And also for the clear residue of the
moneys to arise from the sale, mortgage, or other
disposition of any real or heritable estate, directed
to be sold, mortgaged, or otherwise disposed of by
any will or testamentary instrument.
Annuities commencing to be payable on the death of
persons dying after 19th May, 1853, are valued
for legacy duty according to tables annexed to the
Succession Duty Act (16 and 17 Vict. c. 51); and
annuities commencing to be payable previous to
that date, by the tables annexed to the Legacy
Duty Act (36 Geo. III. c. 52).
Duty is not exigible on legacies or residues under
£20 ; but if a legatee take two or more legacies,
under any testament, which shall together be of
the amount of £20, each shall be charged with
duty, although each or either may be separately
under that amount.
Duty on legacies and residues in arrears, interest
thereon at the rate of 4 per cent, is payable (31
and 32 Vict. c. 121, § 9).
Printed forms and regulations for payment of the
legacy duty may be obtained gratis, on application
at Legacy Duty Office, Inland Revenue, Edinburgh ;
and at the offices of distributors of stamps in the
country.
SUCCESSION DUTY.
Personal Property is liable to duty according to
the value of the succession ; and money charged on
heritage — heritable securities — is charged as per-
sonalty (§ 1).
RATES OF SUCCESSION DUTY.
Lineal issue or lineal ancestor of the predecessor,
£1 per cent.
Brothers and sisters of the predecessor and their
descendants, £3 per cent.
Brothers and sisters of the father or mother of the
predecessor and their descendants, £5 per cent.
Brot hers and sisters of a grandfather or grandmother of
the predecessor and their descendants, £6 per cent.
Any other person, £10 per cent.
The husband or wife of predecessor is not chargeable
with duty (§ 18), and if successor's husband or wife
shall be of nearer consanguinity than the successor,
duty is pavable according to such nearer relation-
ship (§ 11).
The following are also exemptions from the succes-
sion duty: —
1. Successions from the same predecessor, passing
on any death, not amounting in principal value to
£100 (§ 18). 2. Any succession of less value
than £20 in the whole (ib.) 3. Legacies and per-
sonal property charged with legacy duty, in respect
of the same acquisition (ib.~)
Duty on successions in arrear, interest thereon at the
rate of 4 per cent, is payable (31 and 32 Vict. c.
124, §9).
Note.— Forms of the accounts may be obtained at the
Legacy Duty Office, Edinburgh, and at the offices
of distributors of stamps in the countiy.
ADHESIVE STAMPS.
Stamp duties which may be denoted by adhesive
stamps of Id., not appropriated by any word or
words on the face, may be denoted by postage
stamps, and postage duties may be paid by unap-
propriated penny adhesive stamps. 44 Vict. e.
12, § 47.
Stamp duties and postage duties, not exceeding
2s. 6d., may be denoted by adhesive stamps not
appropriated, if such stamp duties may be legally
denoted by adhesive stamps not appropriated.
45 and 46 Vict. c. 72, § 13 (1).
Agreement — 6d. duty.
Cancellation by person by whom it is first executed
(§ 36).
Bill of Exchange.— Fixed duty of a penny.
Cancellation by person who signs it before he deli-
vers it out of custody (§ 50).
Bill payable on demand. — If presented unstamped,
person to whom presented may affix and cancel
and deduct duty from sum in paying ; but not to
relieve person who may have incurred penalty
(§ 54).
Bills or Notes. — Drawn or made out of United
Kingdom —
Person before he presents bill or note for payment,
negotiates or pays it, to affix and cancel.
Provided —
(w.) If at a time it comes to hands of bona fide
holder a stamp is on it and cancelled, it shall be
deemed duly cancelled, although not affixed and
cancelled by proper person.
(b.) If a stamp shall be on it and not duly cancelled,
bona fide holder may cancel it, and it shall be
deemed duly stamped (§ 51).
Person not relieved of penalty incurred by him for
not cancelling adhesive stamp (ib.~)
Charter-P arty.— Cancellation by person by whom
it is last executed, or by whose execution it is
completed as a binding contract (§ 66).
Contract Note. — Cancellation by person by whom
first executed (§ 69).
Certified Copies or Extracts from Registers
of Births, &c. — Cancellation by person signing
before he delivers the same out of his hands (§ 80).
Delivery Orders and Warrant for Goods. —
Cancellation by the person by whom made (§ 89).

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