Revenue, Friendly Societies, and National Debt Act 1882

PART II Stamps

8 Stamp duty on grants of superannuation annuities

In lieu of the stamp duty chargeable thereon by virtue of the [33 & 34 Vict. c. 97.] Stamp Act, 1870, there shall be charged on any grant or contract for payment of a superannuation annuity as herein-after defined the duty following; (that is to say) :—

	£	s.	d.
For every full sum of 5l. and also for any fraction less than 5l. or over and above 5l. or a multiple of 5l. of the annuity	0	0	6

" Superannuation annuity " means a deferred life annuity granted or secured by contract to any person in consideration of annual premiums payable until he should attain any specified age, and so as to commence on his attaining that age.

9 Exemption of certain drafts and receipts for public purposes

No stamp duty shall he chargeable upon the following instruments ; (that is to say,)

• Draft or order drawn upon any banker in the United Kingdom by an officer of a public department of the State for the payment of money out of a public account.

• Receipt given by an officer of a public department of the State for money paid by way of imprest or advance, or in adjustment of an account, where he derives no personal benefit therefrom.

10 Exemption from stamp duty of certain agreements under 44 & 45 Vict. c.49

No stamp duty shall be deemed to have been or to be chargeable upon an agreement entered into between a landlord and tenant pursuant to subsection six of section eight or subsection two of section twenty of the Land Law (Ireland) Act, 1881.

11 Returns by banking companies subject to 25 & 26 Vict. c.89, &c

(1) A banking company to which the provisions of the Companies Acts, 1862 to 1880, are applicable, having duly forwarded to the registrar of joint stock companies a list and summary as required by the second part of the Companies Act, 1862, and having added thereto a statement of the names of the several places where it carries on business, shall not, after the passing of this Act, be bound to furnish to the Commissioners of Inland Revenue any returns under the provisions of any of the enactments specified in the First Schedule to this Act.

(2) From and after the passing of this Act the expressions " bank " and " bankers " in the [42 & 43 Vict. c. 11.] Bankers Books Evidence Act, 1879, shall include any company carrying on the business of bankers to which the provisions of the Companies Acts, 1862 to 1880, are applicable, and having duly furnished to the registrar of joint stock companies a list and summary with the addition specified by this Act, and the fact of such list and summary having been duly furnished may be proved in any legal proceedings by the certificate of the registrar or any assistant registrar for the time being of joint stock companies.

12 Power to Treasury to grant compensation for loss of fees under 44 & 45 Vict. c.12 ss.33 and 34

Where it shall be proved to the satisfaction of the Treasury that any officer of the Probate, Divorce, and Admiralty Division of the High Court of Justice in England or of the Probate and Matrimonial Division of the High Court of Justice in Ireland, or any commissary clerk or sheriff clerk in Scotland, has suffered any loss in consequence of the reduction by virtue of section thirty-three or section thirty-four of the Customs and Inland Revenue Act, 1881, of the amount of fees payable to him in the cases mentioned in such sections respectively, it shall be lawful for the Treasury to award to him out of moneys provided by Parliament such compensation, whether by way of an annual sum or gratuity, as they may think reasonable.

13 Assimilation of certain adhesive stamps for stamp duties and postage duties

(1) On and after the first day of January one thousand eight hundred and eighty-three any stamp duties of an amount not exceeding two shillings and sixpence which may legally be denoted by adhesive stamps not appropriated by any word or words on the face of them to any particular description of instrument, and any postage duties to the like amount may be denoted by the same adhesive stamps.

(2) With a view to exhaust any adhesive postage stamps denoting an amount not exceeding two shillings and sixpence which may have been unissued or unused, such stamps to a proper amount may be used to denote any stamp duties of an amount not exceeding two shillings and sixpence, which may legally be denoted by adhesive stamps not appropriated by any word or words on the face of them to any particular description of instrument.

14 Provision as to cancellation where two or more adhesive stamps are used for a stamp duty

(1) Where two or more adhesive stamps are used to denote a stamp duty upon an instrument, such instrument is not to be deemed duly stamped unless the person upon whom the duty of cancellation is by law imposed cancels each or every stamp by writing on or across the same his name or initials or the name or initials of his firm, together with the true date of his so writing, so that both or all and every of the stamps may be effectually cancelled and rendered incapable of being used for any other instrument, or for any postal purpose, or unless it is otherwise proved that the stamps appearing on the instrument were affixed thereto at the proper time.

(2) If any person contravenes this section he shall incur the penalty imposed by section twenty-four of the Stamp Act, 1870.

15 Extension of interpretation of section 25 of 33 & 34 Vict. c.97

Section twenty-five of the Stamp Act, 1870, shall be read as if the word " instrument " therein contained embraced a letter or cover within section twenty-three of the [3 & 4 Vict. c. 96.] Post Office Duties Act, 1840, and any postal packet and the cover thereof which by the [38 & 39 Vict. c. 22.] Post Office Act, 1875, is to be deemed a letter or cover within the same section, and as if the word " duty " therein contained embraced any postage duty as well as any stamp duty upon an instrument.

This section shall not exempt any person from any proceeding by indictment or otherwise for any offence which is punishable under the Post Office Acts as defined by the [7 Will. 4. & 1 Vict. c. 36.] Post Office (Offences) Act, 1837, or otherwise by law, provided that no person shall be liable to be punished more than once for the same offence.

16 The stamp duties granted in respect of letters patent for inventions, and on the certificate of registration of a design to he deemed public office fees, and not stamp duties

From and after the passing of this Act the Public Offices Fees Act, 1879, shall, notwithstanding anything to the contrary therein contained, apply and be deemed to have been applicable as from the first day of April one thousand eight hundred and eighty-two, to the stamp duties granted to Her Majesty, Her heirs and successors, by an Act passed in the session holden in the sixteenth and seventeenth years of the reign of Her Majesty, intituled " An " [16 & 17 Vict. c. 58.] Act to substitute stamp duties for fees on passing letters patent " for inventions, and to provide for the purchase for the public " use of certain indexes of specifications," and also to the stamp duty of five pounds on the " certificate of registration of a design " granted to Her Majesty, Her heirs and successors, by the Stamp Act, 1870, and the said duties shall be deemed to be, and to have been as from the said first day of April, fees payable in a public office and not stamp duties.

17 Provision for composition for stamp duty on certain Canadian loans

Whereas by the [37 & 38 Vict. c. 26.] Canadian Stock Stamp Act, 1874, provision was made for the government of Canada paying capital sums, calculated at the rate therein mentioned, as composition for stamp duty chargeable on transfers of any stock of the government of Canada inscribed in books kept in the United Kingdom :

And whereas after the passing of the above Act the government of Canada issued to the public, with the option of inscription at any time in books kept in the United Kingdom, the loans mentioned in the Second Schedule to this Act; and holders of the said loans, before the passing of the [43 & 44 Vict. c. 20.] Inland Revenue Act, 1880, had exercised that option to the extent in the said Schedule mentioned, and the government of Canada had paid composition for the stamp duty accordingly :

And whereas by section fifty-four of the Inland Revenue Act, 1880, the amount of the composition for stamp duty chargeable on transfers of stock of the government of Canada and other stock was increased, subject to a proviso that such increased composition should not apply for twelve months in the case of the holders of debentures of the government of a colony who had an option to exchange such debentures within twelve months for colonial stock, to which the [40 & 41 Vict. c. 59.] Colonial Stock Act, 1877, applied :

And whereas, having regard to the special circumstances connected with the issue of the stock mentioned in the said Schedule, it is expedient to make for the holders of that stock a similar provision to that made by the above-mentioned proviso in the case of the holders of colonial stock :

Be it therefore enacted as follows :

Where at any time since the passing of the Inland Revenue Act, 1880, whether before or after the passing of this Act, but before the first day of April, one thousand eight hundred and eighty-six, any part of the loans of the government of Canada mentioned in the Second Schedule to this Act, has been inscribed as stock in books kept in the United Kingdom, the government of Canada may pay to the Commissioners of Inland Revenue, by way of composition for the stamp duty chargeable on transfers of such stock, a sum calculated at the rate mentioned in the Canadian Stock Stamp Act, 1874, instead of the rate mentioned in the Inland Revenue Act, 1880.