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1665
STAMP DUTIES
Other Instruments as to which no express pro-
vision to prohibit may be stamped after execution
on payment of the unpaid duty, and a penalty of
£10, and by way of further penalty, where the un-
paid duty exceeds £10, of interest on such duty,
at the rate of £5 per centum per annum, from the
first date of the instrument up to the time when
such interest is equal in amount to the unpaid
duty, §15(1).
The payment of any penalty or penalties is to be
denoted on the instrument by a particular stamp,
§ 15 (4).
Instruments Executed after 16th Mat, 1888,
which are chargeable with ad valorem
stamp duty under the under-mentioned heads,
viz: —
Bond, covenant, or instrument of any kind what-
soever.
Conveyance on sale (and agreement for a sale
liable to conveyance of sale duty) ;
Lease or tack (and agreement for a lease or tack
for an indefinite term or any term not exceeding
thirty-five years) ;
Mortgage, bond, debenture, covenant, and warrant
of attorney to confess and enter up judgment (in-
cluding transfer and reconveyance of such additional
security, equitable mortgage, &c.) ;
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 assessment.
(c.) If instrument not duly stamped in conformity
with the foregoing provisions, the person in whose
favour the instrument operates, or the settler, shall
incur a fine of £10, and, in addition to the penalty
payable by law 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 satis-
faction 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 informa-
tion 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 unpaid duty
only.— § 15 (3.) (a.)
Board may remit penalties. The Commissioners
may, if they think fit, remit the penalty or penalties,
or any part thereof. — § 15 (3) (6.)
Unstamped or insufficiently stamped instruments
produced in Court, if duty and penalty be paid to
officer oj Court, may be received in evidence. —
§ 14. (1.) Upon the production of an instrument
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 insufficiency 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 stamp-
ing 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, fyc, 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 Com-
missioners the name or title of the proceeding in
which, and of the party from whom, he received the
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 instrument
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 instrument accordingly.
ADJUDICATION.
Doubts as to Sufficiency of Stamps may bb
Removed.
Commissioners may be required to express their
opinion as to duty. Mode and effect of proceed-
ing. — § 12. (1.) Subject to such regulations as
Commissioners may think fit to make, Commissioners
may be required by any person to express their
opinion with reference to any executed instrument
upon the following questions : —
(a.) Whether it is chargeable with any duty :
(6.) With what amount of duty it is chargeable.
(2.) Commissioners to be furnished with an abstract
of instrument, and such evidence as they deem neces-
sary to show whether facts and circumstances affect-
ing liability to duty are fully and truly set forth.
(3.) If the Commissioners are of opinion that the
instrument is not chargeable with any duty, such in-
strument may be stamped with a particular stamp
denoting that it is not chargeable with any duty.
(4.) If the Commissioners are of opinion that the
instrument is chargeable with duty, they shall assess
the duty with which it is in their opinion chargeable,
and if or when instrument is duly stamped in accord-
ance with assessment of the Commissioners, it may
be also stamped with a particular stamp denoting
that it is duly stamped.
(5.) Every instrument stamped with the particular
stamp denoting either that it is not chargeable with
any duty, or is duly stamped, shall be admissible in
evidence, and available for all purposes, notwithstanding
any objection relating to duty.