The Governor may from time to time appoint a Minister of the Crown (being a member of the Executive Council) to be Minister of Stamp Duties, who shall be charged with the general administration of this Act.

The Minister of Stamp Duties in office on the coming into operation of this Act shall be deemed to have been appointed Minister of Stamp Duties under this Act.

There shall be a Commissioner of Stamps appointed from time to time by the Governor in Council, who, under the direction of the Minister, shall have the chief control of all matters relating to stamp duties imposed by this Act.

The Governor may appoint as many Deputy Commissioners and other officers as may be found necessary for the administration of this Act, who shall receive such salaries and allowances only as Parliament from time to time directs.

The Governor may from time to time by Order in Council make regulations (not inconsistent with the provisions of this Act) for the due administration of this Act and for the conduct of all persons concerned in such administration, and generally for carrying this Act into effect.

There shall be a die, called the Minister’s seal, which shall be impressed on the adhesive stamps affixed to any executed instrument at any stamp office when the duty payable on such instrument has been assessed and paid, and shall, subject to the provisions of section fifty-one hereof, denote that all duty to which such instrument is liable has been paid.

All adhesive and impressed stamps shall be created or impressed only at the Head Office.

One form of adhesive stamp of various denominations, according to the money-value of each, may be created, which may be used either as postage-labels or for any other purpose for which adhesive stamps are used or permitted to be used, whether under this Act or under any other Act, except under “The Beer Duty Act, 1908.”

This provision shall not be deemed to affect the operation of section fifty-four hereof.

Where the Minister determines to discontinue the use of any die and to provide a new die in lieu thereof, and gives public notice thereof in the Gazette, then, from and after a day to be fixed in the notice (not being within three months after the same is so published), the new die shall be the only lawful die for denoting the duty chargeable in any case in which the discontinued die would have been used; and every instrument bearing date after the day so named, and every postal packet posted after that day, and stamped with the discontinued die, shall be deemed to be not duly stamped.

Any person who has in his possession any stamps or material stamped with the discontinued die, and which by reason of. the providing of such new die have been rendered useless, may at any time within twelve months after the day stated in such notice send the same to any post-office, and the Minister shall thereupon cause the same to be cancelled, and stamps or stamped material (as the case may be) stamped with the new die, and to an equal value, to be exchanged for the stamps so cancelled.

(A) The Minister may grant a license to any person to deal in stamps in any place in New Zealand named in such license, and may at any time revoke such license.

Every person to whom any such license is granted shall enter into a bond to His Majesty, in such sum as the Minister thinks fit, with a condition that such licensed person does not sell or offer for sale, or exchange or keep or have in his possession for the purpose of sale or exchange, any stamps other than such as he has purchased or procured at a stamp office or from some person duly licensed to deal in stamps; and the sum named in such bond shall, in case of breach, be recoverable as liquidated damages and not as a penalty.

One license and one bond only shall be required for any number of persons in copartnership.

Every such license shall specify the proper first name and surname and place of abode of the person to whom the same is granted, and shall contain a true description of every building at which he is by such license authorised to deal in stamps, and such person shall not be thereby entitled to deal in stamps at any place not described in his license.

Every person is liable to a fine not exceeding twenty pounds who,—

If in any proceeding for recovery of the said fine it appears that any stamp which has been sold or exchanged, or offered for sale or exchange, is forged, although the same may not have been so alleged in the information or pleading, the fine shall be doubled.

If on any such proceeding any issue is tried by a jury in which the selling or exchanging, or offering for sale or exchange, of any stamp is in question, the jury shall be required to say whether such stamp is forged or not.

Nothing in this section shall exempt any person from the legal consequences of selling, uttering, or having in possession any forged stamp, knowing the same to be forged.

Every person licensed to deal in stamps shall cause to be painted in full length, in Roman capital letters one inch at least in height and of a proportionate breadth, on some conspicuous place on the out-

side of the front of every building at which he is licensed to deal in stamps, and so that the same may be at all times distinctly visible and legible, his first name and surname, together with the words “Licensed to sell Stamps,” and shall continue such names and words so painted during all the time that he continues licensed as aforesaid, and for every neglect or omission in any of such matters he shall be liable to a fine not exceeding ten pounds.

Except as hereinafter provided, if any person not being duly licensed to deal in stamps permits to be or to continue written, painted, or marked upon any part of his house or shop, either in the inside or on the outside thereof, or upon any material whatever exposed to public view, whether the same is affixed to his house or shop or not, any word or words signifying that he is a dealer in stamps, he shall be liable to a fine not exceeding ten pounds for every day on which such offence is committed or continued.

Any person in the service or employment of the Government may sell at any public office stamps deposited with him by the Minister for sale without the necessity of obtaining a license to sell the same, and a ny banker within the meaning of “The Banking Act, 1908,” may sell any stamps supplied to such banker by the Minister without any such license.

Upon the sale of stamps to be dealt in by a licensee or banker as aforesaid such discount may be allowed to the purchasing licensee or banker as the Minister directs.

The Minister may, subject to any regulations made under this Act, make allowance for stamps inadvertently spoiled by giving in exchange other stamps of the same value, or by giving the owner thereof an order on the Treasury for the same amount.

On information given before any Justice on oath that there is just cause to suspect any person of being guilty of any offence relating to stamps, such Justice may, by warrant under his hand, cause every dwellinghouse, room, workshop, outhouse, or other building or place belonging to or occupied by the suspected person, or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any forged die or stamp, or any machinery, implement, or utensils applicable to the commission of any such offence, to be searched.

If on such search any of the said several matters or things are found, the same may be seized and carried away in order that they may be produced in evidence against any offender, and shall afterwards, whether produced in evidence or not, by order of the Court or Judge before whom such offender is tried, or, in case there is no such trial, by order of some Justice, be delivered over to the Minister to be defaced or destroyed.

Upon information given to the Minister or Commissioner that there is reasonable cause to suspect that any person being or having been licensed to deal in stamps has in his possession any forged stamps, the Minister or Commissioner may, by warrant under his hand, authorise any person to enter between the hours of nine in the morning and seven in the evening into any dwellinghouse, room, shop, warehouse, outhouse, or other building of or belonging to any such suspected person.

If on demand of admittance and notice of such warrant the door of any such building, or any inner door thereof, is not opened, then such authorised person may break open the same respectively, and search for and seize any stamps that may be found in any such place as aforesaid or elsewhere in the custody or possession of such suspected person.

All constables are hereby required, upon the request of any person acting under such warrant, to aid and assist in the execution thereof.

Every person is liable to a fine not exceeding fifty pounds who—

The person who is intrusted with the execution of any such warrant as aforesaid shall, if required, give to the person in whose custody or possession any stamps are found and seized an acknowledgment of the number, particulars, and amount of the stamps so seized, and shall permit such last-mentioned person, or any person employed by him, to mark such stamps before the removal thereof.

The person in whose custody or possession any stamps are so found and seized shall be entitled to claim and receive in money the amount of such of the stamps so seized as may be found to be genuine (deducting therefrom the proper discount), or, if the Minister thinks fit, such of the stamps so seized as may be found to be genuine may be returned to the person from whose custody or possession the same have been taken.

Any Justice may, on reasonable suspicion that any stamps have been stolen or fraudulently obtained, issue his warrant for the seizure thereof, and for apprehending and bringing before himself or any other Justice the person in whose possession or custody such stamps may be found, to be dealt with according to law.

If such person omits or refuses to account for the possession of such stamps, or is unable satisfactorily to account for the possession thereof, or if it does not appear that the same were purchased by him at a stamp office or from some person duly licensed or authorised to deal in stamps, such stamps shall be forfeited to His Majesty, and shall be by such Justice delivered over to the Minister; and such stamps shall be kept by the Minister for the space of six months, and shall after-wards be cancelled and destroyed.

If at any time within such six months any person makes out to the satisfaction of the Minister that any such stamps were stolen or otherwise fraudulently obtained from him, and were purchased by him at a stamp office, or from some person duly licensed or authorised to deal in stamps, such stamps may be delivered up to him.

Every person who by any writing in any manner defaces any adhesive stamp before it is used is liable to a fine not exceeding five pounds;

Provided that any person may, with the express sanction of the Minister, and in such manner as he prescribes, write upon an adhesive stamp before it is used for the purpose of identifying the same.

Every person who—

is liable to a fine of twenty pounds over and above any other penalty to which he may be liable.

All fees and fines incurred under this Act may be recovered in a summary way with costs before any two or more Justices.

Notwithstanding anything to the contrary in “The Justices of the Peace Act, 1908,” or any other Act, an information or complaint for or in respect of any offence against this Act, or any other Act relating to stamp duties, may be laid at any time within three years next after the date of the offence committed.

The Governor may, at his discretion, mitigate or stay or compound proceedings for any fine, and may reward any person who informs of any offence against this Act or assists in the recovery of any fine.

Any oath, affidavit, or declaration to be taken or made in pursuance or for the purposes of this Act may be made before the Minister or Commissioner, any Judge or solicitor of the Supreme Court, or any Justice or notary public in New Zealand, or at any place out of New Zealand before any person duly authorised to administer oaths thereat.

Every person who knowingly and wilfully makes a false oath or declaration concerning any matter in this Act commits perjury.

All notices required under this Act to be served on the Minister may be served by delivery at the office of the Commissioner or Deputy Commissioner acting in the place where the subject-matter of the notices arises.

The Minister of Finance may, without further appropriation, issue and pay out of the Consolidated Fund any moneys payable to any person under the provisions of this Act.

Where it appears to the satisfaction of the Minister or Commissioner that any deed or instrument has been stamped at a stamp office prior to the coming into operation of “The Stamp Act, 1875,” with such duty as the officers thereof thought chargeable thereon, without any special request on the part of the person presenting the same to be stamped, any person may present the same to be stamped under this Act.

If the Minister or Commissioner is satisfied that the proper duty has been assessed and paid on such deed or instrument, he may cause the Minister’s seal to be impressed thereon as hereinbefore provided.

If it appears that the proper duty has not been so assessed, then, on payment of the difference (if any) between the duty actually paid and that which ought to have been paid at the time of the first presentation of such deed or instrument, the Minister’s seal may be impressed thereon in manner aforesaid.

No fine shall be payable upon or in respect of any deed or instrument stamped under this section.

Every instrument written on stamped material is to be written in such manner, and every instrument partly or wholly written before being stamped is to be so stamped, that the stamp may appear on the face of the instrument, and cannot be used for or applied to any other instrument written on the same piece of material.

If more than one instrument is written on the same piece of material, every one of such instruments is to be separately and distinctly stamped with the duty with which it is chargeable.

Except where express provision to the contrary is made by this or any other Act, an instrument containing or relating to several distinct matters is to be separately and distinctly charged with duty in respect of each of such matters, as if each matter were expressed in a separate instrument.

An instrument made for more than one consideration is to be charged with duty in respect of each such consideration, according to the rate with which each is chargeable, as though each consideration were expressed in a separate instrument.

A stamp which by any word or words on the face of it is appropriated to any particular description of instrument is not to be used or available for any instrument of any other description.

An instrument falling under the particular description to which any stamp is so appropriated as aforesaid is not to be deemed duly stamped unless it is stamped with the stamp so appropriated.

All the facts and circumstances affecting the liability of any instrument to ad valorem duty, or the amount of the ad valorem duty with which it is chargeable, are to be fully and truly set forth in such instrument; and neither the Minister nor the Commissioner shall be entitled or compellable to accept any evidence not contained in the instrument which may tend to reduce the amount of duty payable.

This provision shall not prevent the Minister or the Commissioner exercising the powers conferred upon him by the next succeeding section, and, if the facts justify it, charging or assessing a greater amount of duty than would appear to be chargeable or assessable by a reference to the language and contents of such instrument.

On any application to the Minister or the Commissioner with reference to any instrument, he may require to be furnished with such evidence on oath or otherwise as he deems necessary in order to show to his satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty charge-able thereon, are fully and truly set forth therein, and may refuse to proceed on any such application until such evidence has been furnished accordingly.

No oath, affidavit, or statutory declaration made in pursuance of this section shall be used against any person making the same in any proceeding whatever, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and, except as provided by the next succeeding section, every person by whom any such oath, affidavit, or declaration is made shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any fine, forfeiture, or disability he may have incurred by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.

Every person who, with intent to defraud His Majesty,—

is liable to a fine of fifty pounds in addition to the amount of duty of which His Majesty has been deprived by any such fraudulent act as aforesaid.

Where an instrument is chargeable with ad valorem duty in respect of any money in any foreign or colonial currency, such duty shall be calculated on the value of such money in British currency according to the current rate of exchange on the day of the date of the instrument.

Where an instrument is chargeable with ad valorem duty in respect of any marketable security, such duty shall be calculated on the price of such security as quoted in any stock or share market in or out of New Zealand, or on the average value according to the best evidence that can be obtained of such security on the day of the date of the instrument.

Where an instrument contains a statement of current rate of exchange, or quoted price, or average value, and is stamped in accordance with such statement, it is, so far as regards the subject-matter of such statement, to be deemed duly stamped.

If such statement is proved to be untrue, the deficient duty and fine may be recovered.

Where the duty with which an instrument is chargeable depends in any manner upon the duty paid on another instrument, both such instruments shall be produced before the Minister, and such first-mentioned instrument shall be liable to a duty of ten shillings.

Except where express provision to the contrary is made by this or any other Act, any unstamped or insufficiently stamped instrument may be stamped or further stamped by the Minister after the first execution thereof, on payment of the unpaid duty and fine in addition to the duty, as follows:—

Provided that any unstamped or insufficiently stamped instrument which has been first executed at any place out of New Zealand may be stamped at any time within three months after it has been first received in New Zealand on payment of the unpaid duty only.

The payment of any fine shall be denoted on the instrument by a particular stamp.

No instrument shall be deemed presented to be stamped when tendered to the Commissioner unless the duty payable on it is capable of being at once assessed and until the amount of duty so assessed is paid.

But in special cases, where the Commissioner’s assessment is disputed, a sum on account of duty as fixed by the Commissioner may be paid to him, and no fine shall accrue in respect of such instrument until after such dispute has been settled in the manner provided by this Act.

On the production of an instrument chargeable with stamp duty as evidence in any Court of civil judicature, the officer whose duty it is to read the instrument shall call the attention of the Judge to any omission or insufficiency of the stamp thereon; and if the instrument is one which may legally be stamped after execution it may, on payment to such officer of the amount of the unpaid duty and the fine payable by law, be received in evidence, saving all just exceptions on other grounds.

Such officer shall detain and immediately transmit to the Minister or the Commissioner the instrument, together with the duty and fine so paid thereon, and the payment thereof shall be denoted on such instrument accordingly.

If an instrument chargeable with duty and which may legally be stamped after execution is lost before the same is stamped, secondary evidence may be given of such instrument and of the contents thereof in any Court, but the person adducing such evidence shall first pay to the officer of the Court whose duty it would be to read such instrument in Court if the same had not been lost such unpaid duty and fine as the Judge assesses to be the duty and fine that would be payable on such instrument had such instrument itself been tendered in evidence.

If such duty and fine are not paid on assessment being made as aforesaid, the evidence shall be rejected.

Except as aforesaid, no instrument executed in New Zealand or relating (wheresoever executed) to any property situate or to any matter or thing done or to be done in any part of New Zealand, shall, except in criminal proceedings, be pleaded or given in evidence, or admitted to be good, useful, or available in law or equity, unless it is duly stamped in accordance with the law in force at the time when it was first executed.

No instrument executed out of New Zealand, and which by the law of the country in which it was executed is inadmissible in evidence in such country by reason of not having been stamped, shall be for such reason inadmissible in evidence in New Zealand, unless it is proved that such instrument is, by the statute law of such country, expressly made void if made or executed without being stamped.

Nothing herein shall be deemed to render valid in New Zealand any instrument executed out of New Zealand which is void by the law of the place in which the same was executed for any other reason than that the same was not duly stamped.

Where an instrument is brought to a stamp office for assessment, the Commissioner shall state whether it is liable to duty; and, if he is of opinion—

Any instrument presented at any stamp office for assessment or otherwise may be impounded and detained by the Commissioner until the duty or fine, or both, have been paid in respect thereof.

If the Commissioner is in any doubt as to whether an instrument is liable to duty, or as to the amount of duty or fine with which it is chargeable, or if the person presenting the instrument is dissatisfied with the assessment of the Commissioner thereon, the matter shall be referred to the Minister, whose decision thereon shall be an assessment and, except as hereinafter provided, shall be final.

Where an assessment has been made by the Commissioner, no reference shall be permitted to be made to the Minister unless the party dissatisfied pays to the Commissioner the sum of five shillings by way of reference fee; but, in the event of the Minister deciding that the Commissioner’s assessment is excessive, such party shall be entitled to a refund of the fee so paid.

Any person who is dissatisfied with the assessment of the Minister made in pursuance of the last preceding section may, within twenty-one days after the date of such assessment, and on payment of duty in conformity therewith, appeal against such assessment to the Supreme Court, and may for that purpose require the Minister to state and sign a case setting forth the question upon which his opinion was required, and the assessment made by him.

The Minister shall thereupon state and sign a case accordingly, and deliver the same to the person by whom it is required, and on his application such case may be set down for hearing in the proper Court.

On the hearing of such case (due notice of which is to be given to the Minister) the Court shall determine the question submitted, and, if the instrument in question is in the opinion of the Court chargeable with any duty, shall assess the duty with which it is so chargeable.

If it is decided by the Court that the assessment of the Minister is erroneous, any excess of duty paid in conformity with such erroneous assessment, together with any fine paid in consequence thereof, shall be ordered by the Court to be repaid to the appellant.

In every appeal under this section the costs of the appeal shall be in the discretion of the Court, having regard to the extent to which the Minister’s assessment exceeds the amount admitted by the appellant before the appeal was commenced and the extent to which the Minister’s assessment is sustained or otherwise.

The Minister or any party to the proceedings shall have a right of appeal to the Court of Appeal, and thereafter to His Majesty’s Privy Council, in like manner respectively as such appeals may be had from decisions of the Supreme Court or Court of Appeal in matters within the ordinary jurisdiction of such Courts; subject, however, to any rules in force regulating appeals to such Court of Appeal or Privy Council respectively.

If it appears that the Commissioner has stamped an instrument having assessed an insufficient amount of duty or fine thereon, or erroneously or improperly put on the same a stamp denoting that it is not liable to duty, the Minister may, at any time within six months after the date of stamping such instrument, call upon the person by whom the instrument was presented for assessment to pay the amount with which in his opinion such instrument was properly chargeable in respect of duty or fine, or both duty and fine, at the time of stamping the same.

The aforesaid amount shall be a debt due to the Crown, and may be recovered from such person accordingly: Provided—

Interim validity of instrument.

All public officers having in their custody any rolls, books, records, papers, documents, or proceedings, the inspection whereof may tend to secure any duty, or to the proof or discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person thereunto authorised by the Minister or Commissioner to inspect all such rolls, books, records, papers, documents, and proceedings, and to take such notes and extracts as he may deem necessary, without fee or reward.

Every person who refuses to permit such inspection is liable to a fine not exceeding ten pounds.

Every person, whose office it is to enrol, register, or enter in or upon any rolls, books, or records any instrument chargeable with any duty, who knowingly enrols, registers, or enters any such instrument not being duly stamped is liable to a fine not exceeding ten pounds.

Except where express provision is made to the contrary, all duties are to be denoted by impressed stamps only:

Provided that where an instrument is stamped at a stamp office, the Minister or the Commissioner may use adhesive stamps to denote the duty paid thereon, but shall forthwith obliterate every stamp so used.

An instrument the duty on which is required or permitted by law to be denoted by an adhesive stamp is not to be deemed duly stamped with an adhesive stamp unless such adhesive stamp is obliterated by the Minister or the Commissioner, or unless the person required by law to cancel such adhesive stamp cancels the same, at the time of the execution of the instrument by him, by writing or impressing or marking in ink on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing, so that the stamp may be effectually cancelled and rendered incapable of being used for any other instrument, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.

If there are several parties to any such instrument, the cancellation shall be deemed effectual if made in manner aforesaid by such one of the parties as first executes the same.

If the instrument is executed by any corporate body or quasi-corporate body, the cancellation shall be deemed effectual if made in manner hereinbefore provided, and by impressing or marking in ink the full name of such body, or the initial letters of such name, or the initial letters of the name of the manager, secretary, or other person executing such instrument on behalf of such body, together with such date as aforesaid.

Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in manner aforesaid is liable to a fine not exceeding ten pounds.

The duty on an affidavit or declaration may be denoted by an adhesive stamp, which is to be cancelled by the person making such affidavit or declaration.

Where two or more persons join in one affidavit or declaration, such affidavit or declaration is to be separately and distinctly charged in respect of the affidavit or declaration of each such person.

The duty on an agreement under hand may be denoted by an adhesive stamp, which is to be cancelled by either of the parties to the agreement signing the same.

Every appraiser by whom an appraisement or valuation is made shall, within fourteen days after the making thereof, write out the same in words and figures, showing the full amount thereof, on duly stamped material, and if he neglects or omits so to do, or in any other manner delivers out or states the amount of any such appraisement or valuation, he shall be liable to a fine not exceeding fifty pounds.

Every person who receives from any appraiser or pays for the making of any appraisement or valuation, unless the same is written out and stamped as aforesaid, is liable to a fine not exceeding fifty pounds.

The terms “banker” and “bank” include any corporation, society, partnership, or person carrying on the business of banking in New Zealand.

The term “bank-note” means any note issued in New Zealand by any bank promising the payment of any sum of money not exceeding one hundred pounds to the bearer on demand.

All bank-notes, except as provided by the Second Schedule hereto, shall be exempt from duty, and may be reissued as often as is thought fit.

The term “bill of exchange” includes also draft, order, cheque, and letter of credit, and any document or writing (except a bank-note) entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money therein mentioned.

An order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or on any condition or contingency which may or may not be performed or happen, is to be deemed a bill of exchange for the payment of money on demand.

An order for the payment of any sum of money weekly, monthly, or at any other stated periods, and also any order for the payment by any person at any time after the date thereof of any sum of money, and sent or delivered by the person making the same to the person by whom the payment is to be made, and not to the person or to any person on his behalf to whom the payment is to be made, is to be deemed a bill of exchange for the payment of money on demand.

The term “promissory note” includes any document or writing (except a bank-note) containing a promise to pay any sum of money.

A note promising the payment of any sum of money out of any particular fund which may or may not be available, or on any condition or contingency which may or may not be performed or happen, is to be deemed a promissory note for the said sum of money.

Every bill of exchange or promissory note drawn and purporting to be payable at sight or on presentation shall for the purposes of this Act be deemed to be a bill of exchange or promissory note payable on demand.

The duties imposed on bills of exchange and promissory notes may be denoted by adhesive stamps affixed thereto, or may be partly denoted by adhesive stamps and partly by impressed stamps.

Where an adhesive stamp is used for denoting the payment of such stamp duties, such adhesive stamp shall be affixed by the maker, payee, drawer, acceptor, or indorser thereof, as the case may be; and if such maker, payee, drawer, acceptor, or indorser fails to affix and cancel any such stamp at the time of making, indorsing, drawing, or accepting any such bill of exchange or note, in the manner provided by section fifty-five hereof, he shall be liable to a fine not exceeding fifty pounds.

But if a bill of exchange for the payment of money on demand, liable only to the duty of one penny, is presented for payment unstamped, the person to whom it is so presented may affix thereto a proper adhesive stamp, and cancel the same, as if he had been the drawer of the bill, and such bill shall thereupon be deemed to be duly stamped.

The last preceding subsection is not to relieve any person from any penalty he may have incurred in relation to such bill.

An adhesive stamp on any note or bill of exchange heretofore obliterated or cancelled as provided by this Act shall be deemed to be duly obliterated and cancelled.

The ad valorem duties upon bills of exchange and promissory notes drawn or made out of New Zealand are to be denoted by adhesive stamps.

A bill of exchange or promissory note purporting to be drawn or made out of New Zealand is for the purposes of this Act to be deemed to have been so drawn or made, although it may in fact have been drawn or made within New Zealand.

Every person into whose hands any bill of exchange or promissory note comes before it is stamped shall, before he presents for payment or indorses, transfers, or in any manner negotiates or pays such bill or note, affix thereto a proper adhesive stamp denoting the duty payable on the amount named therein, whether such bill be single or drawn as one of a set, and shall cancel every stamp so affixed.

If at the time when any such bill or note comes into the hands of any bona fide holder thereof there is affixed thereto an adhesive stamp appearing to be duly cancelled, such stamp shall, so far as relates to such holder, be deemed to be duly affixed and cancelled.

If at the time when any such bill or note comes into the hands of any bona fide holder thereof there is affixed thereto an adhesive stamp not duly cancelled, it shall be competent for such holder to cancel such stamp, and such bill or note shall thereupon be as valid and available as if the stamp had been duly cancelled by the person by whom it was affixed.

Neither of the two last preceding subsections is to relieve any person from any fine incurred by him for not cancelling any adhesive stamp.

This section applies to bills or notes drawn or made within or out of New Zealand. .

Except as aforesaid, no bill of exchange or promissory note shall be stamped after the execution thereof.

Every person is liable to a fine not exceeding fifty pounds who issues, indorses, transfers, negotiates, presents for payment, or pays any bill of exchange or promissory note liable to duty and not being duly stamped.

The person who takes or receives from any other person any such bill or note not being duly stamped, either in payment or as a security, or by purchase or otherwise, shall not be entitled to recover thereon, or to make the same available for any purpose whatever.

Every person is liable to a fine not exceeding fifty pounds who draws and issues any bill purporting to be drawn as one of a set, and does not draw and issue on material duly stamped the whole number of bills of the set, or who transfers or negotiates any such bill drawn in New Zealand and purporting to be one of a set, and does not at the same time transfer or deliver on material duly stamped the whole number of bills of the set.

Every notary public or other person is liable to a fine of twenty pounds who knowingly and wilfully notes or protests, otherwise than for non-acceptance, any bill of exchange or promissory note liable to duty not appearing to be duly stamped.

A bill of lading includes also any receipt given in lieu thereof from the master, mate, owner, or agent of any vessel, and is not to be stamped after the execution thereof.

Every person is liable to a fine not exceeding fifty pounds who makes or executes any bill of lading not duly stamped.

Every person is liable to a fine not exceeding twenty pounds who makes, issues, delivers, assigns, transfers, or negotiates in New Zealand any bond, debenture, or other security chargeable with stamp duty, or pays any principal money, interest, or dividend accrued due in respect of any such instrument, before the same is duly stamped.

The term “charter-party” includes any agreement or contract for the charter of any vessel, or any memorandum, letter, or other writing between the captain, master, owner, or agent of any vessel and any other person for or relating to the freight or conveyance of any money, goods, or effects on board of such vessel.

The duty on a charter-party may be denoted by an adhesive stamp, which is to be affixed and cancelled at the time of execution by the person by whom the instrument is first executed.

Where a charter-party not being duly stamped is first executed out of New Zealand, any party thereto may, within seven days after it has been first received, and before it has been executed by any person in New Zealand, affix thereto an adhesive stamp denoting the duty chargeable thereon, and at the same time cancel such adhesive stamp, and the instrument shall thereupon be deemed duly stamped.

A charter-party may be stamped after execution only by the Minister or the Commissioner, and then only upon the following terms, that is to say:—

Every District Land Registrar shall, before issuing any certificate of title, assess the duty payable thereon, and upon the payment of such duty (if any) the Commissioner shall stamp the certificate and return it to the District Land Registrar; but such assessment shall be subject to reference to the Minister and appeal from his decision under sections forty-nine and fifty hereof, the provisions of which shall, mutatis mutandis, apply.

The term “conveyance on sale” includes every instrument and every decree, certificate, or order of any Court or Judge or of any Commissioners whereby any property upon the sale thereof is legally or equitably transferred to or vested in the purchaser, or any other person on his behalf or by his. direction.

Where the consideration, or any part of the consideration, for a conveyance on sale consists—

How consideration consisting of periodical payments to be charged. Ibid, sec. 90

No conveyance on sale chargeable with ad valorem duty in respect of periodical payments, and containing also provision for securing such periodical payments, is to be charged with any duty whatsoever in respect of such provision, and no separate instrument made in any such case for securing such periodical payments is to be charged with any higher duty than ten shillings.

Where property is conveyed to any person in consideration wholly or in part of any debt due to him or subject either certainly or contingently to the payment or transfer of any money or marketable security, whether being or constituting a charge or incumbrance upon the property or not, such debt, money, or marketable security is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the conveyance is chargeable with ad valorem duty.

Where there is more than one owner of property, and one of such owners sells his share or interest therein in consideration of any such debt, or subject as mentioned in the last preceding subsection, then the duty shall be assessed and paid on or in respect of the share or interest of the vendor in such debt, money, or marketable security as aforesaid, and any further or other consideration (if any), and not on the full amount or value of such debt, money, or marketable security as the case may be.

Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts or parcels by different instruments, the consideration is to be apportioned in such manner as the parties think fit, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance is to be charged with ad valorem duty in respect of such distinct consideration.

Where property contracted to be purchased for one consideration for the whole by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts or parcels by separate instruments to the persons by or for whom the same was purchased for distinct parts of the consideration, the conveyance of each separate part or parcel is to be charged with ad valorem duty in respect of the distinct part of the consideration therein specified.

Where a person having contracted for the purchase of any property, but not having obtained a conveyance thereof, contracts to sell the same to any other person, and the property is in consequence conveyed immediately to the subpurchaser, the conveyance is to be charged with ad valorem duty in respect of the consideration for the sale by the original purchaser to the subpurchaser.

Where a person having contracted for the purchase of any property, but not having obtained a conveyance, contracts to sell the whole or any part or parte thereof to any other person or persons, and the property is in consequence conveyed by the original seller to different persons in parts or parcels, the conveyance of each part or parcel is to be charged with ad valorem duty in respect only of the consideration moving from the subpurchaser thereof, without regard to the amount or value of the original consideration.

Where a subpurchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration moving from him, and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be exempt from the said ad valorem duty, and chargeable only with the duty of ten shillings.

On every sale of any land or tenement of whatever tenure, together with the live-stock or stock-in-trade thereon at the time of sale, the same duty shall be payable on the conveyance on sale to the purchaser, whether such stock or stock-in-trade is included therein or not, as would be payable on a conveyance on sale of land for the amount of the purchase-money of such land and stock or stock-in-trade:

Provided that no conveyance or transfer made or executed on any change of trustees shall be deemed a sale within the meaning of this section or be liable to the payment of any ad valorem duty hereunder.

Where upon the sale of any annuity or other right not before in existence such annuity or other right is not created by actual grant or conveyance, but is only secured by bond, warrant of attorney, covenant, contract, or otherwise, the bond or other instrument, or some one of such instruments, if there is more than one, is to be charged with the same duty as a conveyance on sale.

Every deed of assignment is liable to a stamp duty of two pounds ten shillings.

For the purpose of this section “deed of assignment” means and includes every deed or other instrument executed by any person and providing or purporting to provide in any way for the distribution of the whole or any part of the property of such person amongst the whole or any of his creditors for the purpose of obtaining a release of the debts due by him to them; but it does not include—

For the purposes of this and the next succeeding section—

There shall be payable in respect of any property comprised in any deed of gift the same duties as would be payable under “The Death Duties Act, 1908,” in respect of a devise or bequest of such property by the donor as testator to the donee as devisee or legatee.

The said duties shall be paid, in addition to any other duties that may be payable under any law relating to stamp duties, within one month after the execution of the deed of gift by the donor.

If any such deed is presented for assessment more than one month after such execution thereof, there shall be payable thereon a fine (in addition to the duties) at the rate of twenty-five pounds per centum on the amount of the duties payable, and if such deed is presented more than three months after such execution, a fine (in addition to the duties) at the rate of one hundred pounds per centum on the amount of duties so payable; but in no case shall the last-mentioned fine be less than five pounds in addition to any other fine or penalty.

For the purpose of assessing such duties the donor or the trustee, or some person acquiring an estate or interest in property under the deed of gift, shall produce such deed to the Minister, and shall supply such evidence and particulars as the Minister requires in order to show the value of the property comprised in such deed, and also the total value of all the real and personal property of the donor at the date of such deed, including in such value the value of all property comprised in such deed and in every other deed of gift theretofore executed by such donor.

The donor shall be the person primarily liable to pay such duties, but he shall be entitled to recover the amount thereof from the donee.

The amount of such duties (including therein all fines imposed by law) shall be a first charge upon all the property comprised in such deed of gift until such duties are fully paid; and for the purpose of procuring payment thereof the provisions of sections twenty-three to twenty-seven of “The Death Duties Act, 1908,” shall, mutatis mutandis, apply.

For the purposes of this section the Minister may exercise all the powers conferred on him by “The Death Duties Act, 1908.”

The duplicate or counterpart of an instrument chargeable with duty is not to be stamped as such unless it is proved to the satisfaction of the Minister that the full and proper duty has been paid on the original instrument of which it is the duplicate or counterpart.

Where, on the exchange of any real property for any other real property, or on the partition or division of any real property, any consideration exceeding in amount or value one hundred pounds is paid or given, or agreed to be paid or given, for equality, the principal or only instrument whereby such exchange or partition or division is effected is to be charged with the same ad valorem duty as a conveyance on sale for such consideration, and with such duty only.

For the purposes of this section “real property” includes leaseholds.

Every incorporated company carrying on business in New Zealand, whether incorporated in New Zealand or elsewhere, shall procure from the Minister every year a license in the form numbered (1) in the Third Schedule hereto or to the effect thereof.

Such license shall be issuable on the first day of January in every year; and the Minister is hereby authorised to issue such license on payment to him of the duty specified in the Second Schedule hereto:

Provided that the first license issued to any company may be issued at any time during the year, but shall continue in force for the remaining part of such year only, and the duty payable in such case shall be a proportionate part of the duty hereby payable on an annual license.

Every person or association, and every chartered, incorporated, or joint-stock company, whether incorporated in New Zealand or elsewhere, carrying on business in New Zealand, who or which insures or enters into any agreement or undertaking to insure, or in any way acts as agent for the insurance with, or effects an insurance with, or makes a declaration under any open or valued policy issued to him or it by any other person, association, or company not carrying on business in New Zealand, for the insurance of any building, goods, or merchandise against fire or marine risk or loss, is liable to pay as duty an annual license fee of two hundred pounds, and such license fee shall be deemed to be the license fee required under section ninety-six hereof, and shall not be in addition thereto:

Provided that nothing in this section shall render such first-mentioned person, association, or company liable to the license fee aforesaid in respect of any such insurance on property to which such first-mentioned person, association, or company is entitled absolutely as owner:

Provided also that this section shall not apply to companies carrying on business outside of New Zealand which solely enter into contracts for the reinsurance of risks in respect whereof policies have been duly stamped, nor to the agents of such reinsuring companies so far as such reinsurance is concerned, if such agents are companies or officers of companies which have paid a license fee under this section.

On payment of the license fee under this section a license shall be issued as provided by the last preceding section, and shall be in the form numbered (1) in the Third Schedule hereto, with all necessary modifications.

The provisions of the last preceding section shall extend and apply to the businesses of accident, fidelity, guarantee, live-stock, and plate-glass insurance:

Provided that the amount of the annual license fee payable by the companies referred to in this section shall not exceed the sum which would be payable if the company were domiciled in New Zealand.

Any association or company registered or incorporated beyond New Zealand carrying on the business of life, fire, marine, accident, fidelity, guarantee, live-stock, or plate-glass insurance within New Zealand, and having a nominal capital of less than four hundred thousand pounds, shall be liable to pay as duty an annual license fee of two hundred pounds.

Every broker, agent, or other person who negotiates or transacts any contract of marine insurance with any person or association, or any chartered or incorporated or joint-stock company, not carrying on business in New Zealand, or who makes any declaration under any open or valued policy issued by any such last-mentioned person, association, or company, is, for the purposes of this section, himself deemed to be a company registered or incorporated beyond New Zealand and carrying on the business of marine insurance.

The Registrar of Companies, or other officer acting in that behalf, shall not issue any certificate of incorporation to any company until the full amount of duty payable under this Act in respect thereof is paid.

Any mutual or co-operative company or association consisting of more than twenty persons, carrying on life-insurance business in New Zealand, whether in partnership or not, and whether for profit or not, but in such a manner as that the same has not or does not appear to have any nominal capital in respect of which duty may be assessed, shall be deemed to be an incorporated company, and shall pay the maximum duty of two hundred pounds.

If any person, association, or company required by this Act to obtain an annual license or to pay duty in respect thereof at any time carries on business or operations in New Zealand without having obtained such annual license, or on the expiration of such license neglects to renew the same within one month after the expiration thereof, such person, association, or company, and every director, secretary, or other person acting in the management of such business or operations, shall be liable to a fine of twenty pounds for every month during which such person, association, or company remains unlicensed.

Any Collector of Customs may, if he thinks fit, require any person acting or appearing to act as the representative of any company, before passing entries at the Customs for any goods imported into New Zealand, to produce the annual license of such company or a certificate under the hand of the Minister that the company is exempt from such annual license, and may refuse to pass entries for such goods until such requisition is complied with.

If any question is raised whether the purposes or objects for which any company or association is formed fall within the exemptions mentioned in the Second Schedule hereto or not, the decision of the Commissioner shall be final, subject to the right of reference and appeal under sections forty-nine and fifty hereof, the provisions of which shall, mutatis mutandis, apply.

The term “lease” includes any agreement for the letting of any land, but where a lease is made subsequently to and in conformity with such an agreement duly stamped such lease is to be charged with the duty of one shilling only.

Where the consideration or any part of the consideration for which any lease is granted or agreed to be granted does not consist of money but of any produce or other goods, the duty is to be calculated on the value of such produce or goods at the average market price thereof on the day of the date of the instrument.

A lease is not to be charged with duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved, or by reason of being made in consideration of the surrender or abandonment of any existing lease of or relating to the same subject-matter.

Where the consideration for a lease is wholly or partly a royalty, payable either in money, produce, or goods, or any other consideration whatever other than a fixed sum of money, then, if it is stipulated that the amount of such money, or the value of such produce or goods, is to amount at least to or not to exceed a given sum, or where the lessee is specially charged with or has the option of paying after any permanent rate of conversion, the yearly amount of such money and value of such produce or goods is to be estimated at such given sum or according to such given rate.

In the case of a lease at a specified rental for a specified period or series of periods, with provision for the rent subsequent to the last such period being fixed by valuation or otherwise, the duty shall be assessed on the highest fixed rental specified in such lease; and if the new rental, when fixed by valuation or otherwise as aforesaid, exceeds the rental upon which duty was originally assessed, duty on the excess shall then be payable, and the instrument of lease shall then be presented for assessment accordingly in like manner and subject to the like provisions as to fine and otherwise as in the case, of the original assessment.

Where there is no possible means of discovering what is the maximum value of the consideration dealt with under a lease, then, subject to the provisions of the last preceding subsection, the duty payable in respect of such lease shall be a fixed sum of five pounds.

No lease made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration either of a covenant by the lessee to make, or of his having previously made, any substantial improvement of or any addition to the property demised to him, or of any covenant relating to the matter of the lease, is to be charged with any duty in respect of such further consideration.

The duty upon a notarial act may be denoted by an adhesive stamp, which is to be cancelled by the notary.

Every notary public who knowingly and wilfully by any notarial act attests or certifies the due execution of any instrument liable to duty, and not appearing to be duly stamped, is liable to a fine of twenty pounds.

Nothing in this Act shall extend to render any notary public liable to a fine by reason of his attesting the execution of any instrument merely as a witness, and without attaching, annexing, or subscribing any notarial act.

The term “marine insurance” means any insurance (except reassurance) made on any vessel, or on the machinery, tackle, or furniture of any vessel, or on any goods, merchandise, or property of any description whatever on board of any vessel, or on the freight of, or any other interest which may be lawfully insured in or relating to any vessel.

The word “policy” means any instrument, whether executed in or out of New Zealand, whereby a contract or agreement for any marine insurance is made or entered into.

The duty on any such policy may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is executed at the time of execution.

A policy after it is signed or underwritten may be stamped only by the Minister or the Commissioner, and then only on the terms following, that is to say:—

Where any marine insurance is made for a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship arrives at her destination and is there moored at anchor in good safety, the policy shall be chargeable with duty as a policy for a voyage and also with duty as a policy for time.

Where the separate and distinct interests of two or more persons are insured by one policy for a voyage or for time, such policy shall be liable to duty as a separate policy for each of such interests.

The term “receipt” means any note, memorandum, or writing whatsoever whereby any money amounting to two pounds or upwards, or any bill of exchange or promissory note for money amounting to two pounds or upwards, is acknowledged or expressed to have been received or deposited or paid, or whereby any debt or demand, or any part of any debt or demand, of the amount of two pounds or upwards, is acknowledged to have been settled, satisfied, or discharged, or which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person.

Subject to the general exemptions contained in the Second Schedule hereto, all receipts given to His Majesty, or to any person on his behalf, shall be chargeable with duty.

The duty on a receipt may be denoted by an adhesive stamp, which is to be affixed and cancelled by the person by whom the receipt is given before he delivers it out of his hands.

Every person is liable to a fine not exceeding ten pounds who—

Ibid, sec. 124

Where pursuant to any custom of trade receipts are given in sets, it shall be sufficient if one only of a set is stamped:

Provided that the parts not stamped be clearly and distinctly marked at the time when the receipt is given, showing that they respectively form part of a set.

Every person is liable to a fine not exceeding fifty pounds who—

A receipt may be stamped, after being given, only by the Minister or the Commissioner, and then only on the terms following, that is to say:—

Where any money which may become due or payable on any security, not being a marketable security, is settled or agreed to be settled, the instrument whereby such settlement is made or agreed to be made is to be charged with ad valorem duty in respect of such money, and in the case of a marketable security is to be charged with the ad valorem duty on the value of such security.

Where several instruments are executed for effecting the settlement of the same property, and the ad valorem duty chargeable in respect of such settlement exceeds ten shillings, one only of such instruments is to be charged with the ad valorem duty.

A settlement made in pursuance of any previous agreement or articles upon which any ad valorem settlement duty exceeding ten shillings has been paid in respect of the same property is not to be charged with any ad valorem settlement duty.

In each of the aforesaid cases the instruments not chargeable with ad valorem duty are to be charged with the duty of ten shillings.

Where any person is specially named or described as the object of a power of appointment in a settlement on which ad valorem duty has been paid, or in a will in respect of property on which probate duty or duty under any Act imposing duties on the estates of deceased persons has been paid, an instrument of appointment in favour of such person in respect of such property is not liable to duty.

Where the property comprised in any deed of settlement is subject to any mortgage, debt, or certain charge, annual or otherwise, created prior to the execution of the deed of settlement, such deed is liable to the duty payable on the amount or value of such property after a deduction has been made of the amount of such mortgage, debt, or charge.

No such deduction shall be made unless the deed of settlement is expressly made subject to such mortgage, debt, or charge, and the amount or nature thereof is stated in such deed of settlement or in a schedule thereto.

Where such charge consists of money payable periodically for a definite period, or periodically in perpetuity, or for an indefinite period, or periodically during any life or lives, the amount of such charge in respect of which such deduction shall be made shall be calculated in the same manner as provided by section eighty-two hereof in the case of the consideration on conveyances on sale payable periodically.

Every passenger-ticket given or issued in New Zealand by any steamship company, association, or owner of any steamship in return for the payment of a sum of money amounting to two pounds or upwards is liable to duty in all respects as a receipt, unless a stamped receipt is given in respect of such payment and at the time thereof.

The Governor may from time to time make such regulations for the mode of payment and collection of the duty imposed by this section as he thinks fit, either by way of payment in the nature of a composition or otherwise.

Where a person sells or disposes of any run or interest therein held under a license or lease, or promise of a license or lease, or in any other manner, from the Crown, together with the stock thereon, or the station or any improvement thereon, the duty named in the Second Schedule hereto shall be assessed on the whole consideration agreed to be paid for the interest in the run, station, improvements, and stock thereon.

No transfer of any share or shares of or in the stock or funds of any corporation, company, or society whatever shall be registered, recorded, or entered in the books of such corporation, company, or society in New Zealand unless such transfer is duly stamped.

Every person who registers, records, or enters any such transfer contrary to this provision is liable to a fine not exceeding one hundred pounds.

No instrument of sale or transfer of any such share or shares shall be valid at law or in equity unless the name of the purchaser or transferee is written therein in ink at the time of or before the execution of the instrument of sale or transfer.

Every person who executes a sale-note, transfer contract-note, or other instrument of sale or transfer of any such share or shares in any manner or for any purpose whatsoever, unless the name of the purchaser is written therein in ink at the time or before the execution thereof, is liable to a fine not less than twenty pounds and not exceeding one hundred pounds.

Every such instrument so made or signed is wholly and absolutely void and inoperative, and shall in no case be made available by the subsequent insertion of a name or of any other particulars.

The person who sells or transfers such share or shares shall not be divested of his interest therein, but shall remain liable thereon as if he had never sold or disposed of the same.

If such person is a licensed sharebroker, his license shall, on any conviction under this section, be absolutely forfeited, and he shall not thereafter be qualified to act as a broker, or to have a fresh license issued to him.

No sharebroker, auctioneer, commission agent, or any. other person shall be entitled to any brokerage, commission, or any other fee or reward in respect of the sale or transfer of any such share or shares unless the instrument of sale or transfer is filled up with all necessary particulars to make it a complete instrument, and is duly stamped.

Sections one hundred and twenty-seven to one hundred and thirty hereof do not apply to shares in mining companies.

For the purposes of sections one hundred and thirty-three to one hundred and forty-one hereof, if not inconsistent with the context,—

On the sale of any shares in a mining company a seller’s contract-note, on duly stamped material, shall, within twenty-four hours of the hour of the sale, be transmitted by the seller to the buyer, and a buyer’s contract-note shall in like manner be transmitted by the buyer to the seller.

Not more than one sale of shares shall be inserted in any one contract-note, and where shares in two or more mining companies are sold at one time to the same buyer there shall be a separate contract-note in respect of the shares in each company.

The duty on a contract-note under this Act shall be in accordance with the Second Schedule hereto, and shall be denoted by an impressed stamp.

A contract-note shall not be stamped after the execution thereof.

A contract for the sale of shares shall not be valid or enforceable unless the provisions of this section have been duly complied with.

Every person who commits a breach of this section is liable for each offence to a fine not exceeding fifty pounds.

Every person who executes a transfer of any share in a mining company, unless a contract-note of the sale thereof has first been transmitted by him or by some person on his behalf to the buyer, is liable for each offence to a fine not exceeding fifty pounds and not less than twenty pounds.

A sharebroker shall have no claim to any charge for brokerage, commission, or agency on the sale of any shares in a mining company unless he duly makes, executes, and transmits a duly stamped contract-note for such sale as hereinbefore provided.

The duty upon a contract-note paid by a sharebroker on behalf of his principal may be added to his charge for brokerage, commission, or agency.

Every sharebroker shall keep for a period of twelve months a copy, duly filed in order of date, of all buyers’ or sellers’ contract-notes transmitted by him:

Provided that it shall be a sufficient compliance with this section if the sharebroker keeps a book of counterfoils in which is written a duplicate of each contract-note so transmitted.

Every person who commits a breach of this section is liable to a fine not exceeding ten pounds.

The Minister, or any officer authorised by him in that behalf, shall at all times have full and free access to all books and papers relating to the sale of shares in any mining company in the possession of any sharebroker, or of any Stock Exchange of which the sharebroker is a member, or of any mining company; and may make copies thereof or extracts therefrom, and may impound and take possession of any contract-note not duly stamped.

Every person is liable to a fine not exceeding ten pounds who hinders or obstructs the Minister or officer in exercising the powers conferred by this section.

In all proceedings relating to the sale of shares in a mining company between a sharebroker and his principal or other person, nothing in this Act shall exclude any evidence that would be otherwise admissible:

Provided that the plaintiff shall prove to the satisfaction of the Court that the provisions of section one hundred and thirty-seven hereof have been duly complied with.

The seller of any shares in a mining company in respect of which there is a liability is entitled to demand in writing from the buyer the name in full of the person on whose account such shares are purchased.

If on any such demand the buyer fails to comply with the same for a period of two days from the date of the demand, the seller may insert the buyer’s name in the transfer as transferee.

In all proceedings against any person for any breach of the provisions of sections one hundred and thirty-three to one hundred and thirty-seven hereof the onus of proving that such person was exempted from liability to any fine hereby imposed shall rest on the defendant, who shall in all such proceedings be competent and compellable to give evidence, any law or practice to the contrary notwithstanding.

Upon the gross takings of every totalisator, or other instrument or machine of a like nature and conducted on the like principle, there shall be payable to His Majesty a stamp duty calculated at the rate of one and a half per centum upon such gross takings.

For the purpose of ascertaining the amount of the duty hereby imposed, it shall be the duty of each horse-racing club, racing committee, and racing association to forward to the Minister of Internal Affairs, within seven days after the holding of any race meeting at which any totalisator is used, a full statement in writing showing the total amount of the takings or earnings of each totalisator used at such meeting, and the particulars of such amounts.

Payment of any such stamp duty may be made by depositing the amount thereof at any branch of the bank at which the Public Account is kept, and such deposit shall be made to the credit of the Public Account.

No such payment or deposit shall be deemed to be a discharge for the stamp duty payable by law until a formal receipt therefor is given by the Commissioner, who shall in each case, prior to giving a receipt, satisfy himself that the full amount of duty has been paid.

If any racing club, committee, or association neglects to make out and deliver such statement as aforesaid within fourteen days after the holding of any such race meeting as aforesaid, or wilfully delivers any false statement, such club, committee, or association, and every officer thereof respectively who has taken an active part in the holding or conduct of any such race meeting, shall be liable to a fine of twenty pounds.

The Governor may from time to time make regulations for all or any of the following purposes, namely:—

and generally any other regulations for facilitating or compelling payment of stamp duty under this Part of this Act.

All such regulations shall be gazetted.

The Governor may, by any such regulations, impose a fine not exceeding one hundred pounds for the breach of any regulation, and may also prescribe the minimum fine in respect of such breach.

Any fine so imposed may be recovered in a summary manner before any two or more Justices.

The term “racing club,” wherever used in this Part of this Act, includes a trotting club.

The Governor in Council may from time to time, by notice gazetted, direct that after the time specified in such notice all or any of the duties, fees, fines, or penalties for the time being payable in money in any public Department or office connected with the public service, or to the officers thereof, shall be collected by means of stamps.

After the time so specified the duties, fees, fines, and penalties therein mentioned shall be received by stamps denoting the sums payable, and not in money.

All or any of such stamps shall be impressed or adhesive, as may be directed in any such notice.

Where any sum comprised in any such notice—

Ibid, sec. 145

Any document which ought to bear a stamp under this Part of this Act shall not be of any validity unless and until it is properly stamped, nor shall any Judge, Justice, or officer of any Court allow such document to be used, although no exception be raised thereunto, until such document has been first duly stamped.

But if any such document is through mistake or inadvertence received, filed, or used without being properly stamped, the Court in which the same is so received, filed, or used may, if it thinks fit, order that the same be stamped; and thereupon such document shall be as valid as if it had been properly stamped in the first instance.

Every officer whose duty it is to receive any fee or sum of money for any matter or thing to be done or performed, and for which payment is to be made by stamps, shall, before doing or performing such matter or thing, see that there is attached to the document, instrument, matter, or thing in respect whereof the fee or sum of money is payable, or to such other document to which it is required by regulations that the stamp in respect of the said fee shall be affixed, a stamp of value not less than the fee or sum of money payable for the performance of such matter or thing. .

Where an adhesive stamp is used, such officer shall see that such stamp is duly cancelled, or, if such stamp is not duly cancelled, shall immediately cancel the same by writing or stamping in ink on the same his name or initials, and the date thereof, or by putting thereon the impress of any seal authorised for that purpose by regulations, and the date when such seal is impressed, so as effectually to obliterate and cancel the stamp, and so as not to admit of its being used again.

Every person is liable to a fine not exceeding twenty pounds who without lawful excuse (the proof whereof shall be upon him)—

All the preceding provisions of this Act, so far as applicable, shall extend and apply to the stamps to be used under this Part of this Act.