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Part IIE+W+S+N.I. Regulations applicable to Particular Instruments

18–19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S+N.I.

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21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S+N.I.

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22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S+N.I.

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Amendments (Textual)

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W+S+N.I.

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Amendments (Textual)

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S+N.I.

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Amendments (Textual)

Instruments of ApprenticeshipE+W+S+N.I.

25 Meaning of instrument of apprenticeship.E+W+S+N.I.

Every writing relating to the service or tuition of any apprentice, clerk, or servant placed with any master to learn any profession, trade, or employment (except articles of clerkship to a solicitor or law agent or writer to the signet) is to be deemed an instrument of apprenticeship.

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S+N.I.

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Amendments (Textual)

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S+N.I.

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28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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Amendments (Textual)

29–31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S+N.I.

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Amendments (Textual)

32, 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S+N.I.

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Amendments (Textual)

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S+N.I.

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Amendments (Textual)

35–39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S+N.I.

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Amendments (Textual)

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S+N.I.

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Amendments (Textual)

Bills of SaleE+W+S+N.I.

41 Bills of sale.E+W+S+N.I.

A bill of sale is not to be registered under any Act for the time being in force relating to the registration of bills of sale unless the original, duly stamped, is produced to the proper officer.

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S+N.I.

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Amendments (Textual)

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W+S+N.I.

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Amendments (Textual)

F16S. 43 repealed by Solicitors, Public Notaries, &c., Act 1949 (c. 21), Sch. 2

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S+N.I.

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Amendments (Textual)

45–48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S+N.I.

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Amendments (Textual)

F18Ss. 45–48 repealed by Solicitors, Public Notaries, &c., Act 1949 (c. 21), Sch. 2

Charter-partiesE+W+S+N.I.

49 Provisions as to duty on charter-party.E+W+S+N.I.

(1)For the purposes of this Act the expression “charter-party” includes any agreement or contract for the charter of any ship or vessel or any memorandum, letter, or other writing between the captain, master, or owner of any ship or vessel, and any other person for or relating to the freight or conveyance of any money, goods, or effects on board of the ship or vessel.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

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Amendments (Textual)

50, 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S+N.I.

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Amendments (Textual)

52, 53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W+S+N.I.

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Amendments (Textual)

Conveyances on SaleE+W+S+N.I.

F2254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F22S. 54 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

55 How ad valorem duty to be calculated in respect of stock and securities.E+W+S+N.I.

(1)Where the consideration, or any part of the consideration, for a conveyance on sale consists of any stock or marketable security, the conveyance is to be charged with ad valorem duty in respect of the value of the stock or security.

[F23(1A)For the purposes of subsection (1), it is immaterial—

(a)whether, at the time of the execution of the conveyance on sale, the stock or marketable security is or has been issued or is to be issued; and

(b)in a case where the stock or marketable security is to be issued, when it is to be, or is, issued and whether the issue is certain or contingent.]

(2)Where the consideration, or any part of the consideration, for a conveyance on sale consists of any security not being a marketable security, the conveyance is to be charged with ad valorem duty in respect of the amount due on the day of the date thereof for principal and interest upon the security.

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Amendments (Textual)

F23S. 55(1A) inserted (28.7.2000 with effect as mentioned in s. 126(3) of the amending Act) by 2000 c. 17, s. 126(2)(3)

56 How consideration consisting of periodical payments to be charged.E+W+S+N.I.

(1)Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period not exceeding twenty years, so that the total amount to be paid can be previously ascertained, the conveyance is to be charged in respect of that consideration with ad valorem duty on such total amount.

(2)Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period exceeding twenty years or on perpetuity, or for any indefinite period not terminable with life, the conveyance is to be charged in respect of that consideration with ad valorem duty on the total amount which will or may, according to the terms of sale, be payable during the period of twenty years next after the day of the date of the instrument.

(3)Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically during any life or lives, the conveyance is to be charged in respect of that consideration with ad valorem duty on the amount which will or may, according to the terms of sale, be payable during the period of twelve years next after the day of the date of the instrument.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

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Amendments (Textual)

57 How conveyance in consideration of a debt, &c., to be charged. E+W+S+N.I.

Where any 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 stock, whether being or constituting a charge or incumbrance upon the property or not, the debt, money, or stock 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.

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Modifications etc. (not altering text)

58 Direction as to duty in certain cases.E+W+S+N.I.

(1)Where property contracted to be sold for one consideration for the whole 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.

F25(2)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.

(3)Where there are several instruments of conveyance for completing the purchaser’s title to property sold, the principal instrument of conveyance only is to be charged with ad valorem duty, and the other instruments are to be respectively charged with such other duty as they may be liable to, but the last-mentioned duty shall not exceed the ad valorem duty payable in respect of the principal instrument.

(4)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 sub-purchaser

[F26then, except where—

(a)the chargeable consideration moving from the sub-purchaser is less than the value of the property immediately before the contract of sale to him, and

(b)the conveyance is not one to which section 107 of the Finance Act M11981 (sales of houses at discount by local authorities etc.) applies]

the conveyance is to be charged with ad valorem duty in respect of the consideration moving from the sub-purchaser.

(5)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 parts 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 [F27then, except where the aggregate of the chargeable consideration for the sale of all such parts or parcels is less than the value of the whole of the property immediately before the contract for their sale or, as the case may be, the first contract for the sale of any of them], the conveyance of each part or parcel is to be charged with ad valorem duty in respect only of the consideration moving from the sub-purchaser thereof, without regard to the amount or value of the original consideration.

(6)Where a sub-purchaser 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 chargeable only with such other duty as it may be liable to, but the last-mentioned duty shall not exceed the ad valorem duty.

[F28(7)Any reference in subsection (4) or subsection (5) of this section to chargeable consideration is a reference to consideration which falls to be brought into account in determining the duty (if any) chargeable on the conveyance to the sub-purchaser or, as the case may be, on the conveyance of each of the parts or parcels in question; and in any case where it is necessary for the purposes of either of those subsections to determine [F29the value at any time of any property, that value shall be taken to be the price which the property might reasonably be expected to fetch on a sale at that time in the open market.]]

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Amendments (Textual)

F25S. 58(2) modified (retrospective to 28.3.2000 and with effect as mentioned in s. 129(5) and Sch. 34 para. 3(6) of the amending Act) by 2000 c. 17, s. 129(3)(5)(6), Sch. 34 para. 3(2)(6)

F26Words and ss. 58 (4)(a)(b) inserted by Finance Act 1984 (c. 43, SIF 114), s. 112(1)(4)

Modifications etc. (not altering text)

C4S. 58(1) modified (retrospective to 28.3.2000 and with effect as mentioned in s. 129(5) and Sch. 34 para. 3(6) of the amending Act) by 2000 c. 17, s. 129(3)(5)(6), Sch. 34 para. 3(1)(6)

C5S. 58(1) modified (11.5.2001 with effect as mentioned in s. 92(8) of the amending Act) by 2001 c. 9, s. 92, Sch. 30 para. 2(1)(4)(6); S.I. 2001/3748, art. 2

C6S. 58(2) modified (11.5.2001 with effect as mentioned in s. 92(8) of the amending Act) by 2001 c. 9, s. 92, Sch. 30 para. 2(2)-(6); S.I. 2001/3728, art. 2

S. 58(1) modified (retrospective to 23.4.2002 with application as mentioned in s.116(5) of the amending Act) by 2002 c. 23, s. 116(2), Sch. 37 para. 2(1)

S. 58(2) modified (retrospective to 23.4.2002 with application as mentioned in s. 116(5) of the amending Act) by 2002 c. 23, s. 116(2), Sch. 37 para. 2(2)

C7S. 58(3) applied (27.7.1999 with effect as mentioned as mentioned in s. 112(6) of the amending Act) by 1999 c. 16, ss. 112(3)(6), 123, Sch. 13 Pt. III para. 21(2)

Marginal Citations

F3059. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F30S. 59 repealed (27.7.1999 with effect in relation to penalties in respect of things done or omitted on or after 1.10.1999) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

60 As to sale of an annuity or right not before in existence.E+W+S+N.I.

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 be more than one, is to be charged with the same duty as an actual grant or conveyance, and is for the purposes of this Act to be deemed an instrument of conveyance on sale.

61 Principal instrument, how to be ascertained.E+W+S+N.I.

(1)In the cases herein-after specified the principal instrument is to be ascertained in the following manner;

(a),(b) . . . F31

(c)Where in Scotland there is a disposition or assignation executed by the seller, and any other instrument is executed for completing the title, the disposition or assignation is to be deemed the principal instrument.

(2)In any other case the parties may determine for themselves which of several instruments is to be deemed the principal instrument, and may pay the ad valorem duty thereon accordingly.

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Amendments (Textual)

Modifications etc. (not altering text)

C8S. 61 applied (27.7.1999 with effect in relation to instruments executed on or after 1.10.1999) by 1999 c. 16, ss. 112(3)(6), 122, Sch. 13, Pt. III, para. 21(2) (with s. 123(4))

Conveyances on any Occasion except Sale or MortgageE+W+S+N.I.

F3262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F32S. 62 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

63—68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W+S+N.I.

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Amendments (Textual)

69—71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W+S+N.I.

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Amendments (Textual)

Duplicates and CounterpartsE+W+S+N.I.

F3572. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F35S. 72 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

Exchange and Partition or DivisionE+W+S+N.I.

F3673. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F36S. 73 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W+S+N.I.

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Amendments (Textual)

LeasesE+W+S+N.I.

F3875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F38S. 75 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W+S+N.I.

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Amendments (Textual)

77 Directions as to duty in certain cases.E+W+S+N.I.

(1)A lease or tack, or agreement for a lease or tack, or with respect to any letting, is not to be charged with any duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable, or by reason of being made in consideration of the surrender or abandonment of any existing lease, tack, or agreement, or of relating to the same subject matter.

(2)A 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 addition to the property demised to him, or of any covenant relating to the matter of the lease, is not to be charged with any duty in respect of such further consideration.

(3),(4) . . . F40

F41(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F41S. 77(5) repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2) Notes 1, 2

Modifications etc. (not altering text)

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W+S+N.I.

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Amendments (Textual)

79, 80.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43E+W+S+N.I.

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Amendments (Textual)

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44E+W+S+N.I.

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Amendments (Textual)

Marketable Securities and Foreign and Colonial Share CertificatesE+W+S+N.I.

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45E+W+S+N.I.

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Amendments (Textual)

X183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46E+W+S+N.I.

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Editorial Information

X1The repeal of s. 83 has effect in relation to events taking place on or after a date to be appointed by the Treasury by order. No such date has been appointed as at the end of 2011. The text of this provision will be restored, and any subsequent amendment history reconstructed, in the early part of 2012.

Amendments (Textual)

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47E+W+S+N.I.

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Amendments (Textual)

85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48E+W+S+N.I.

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Amendments (Textual)

86–89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49E+W+S+N.I.

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Amendments (Textual)

90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W+S+N.I.

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Amendments (Textual)

Policies of InsuranceE+W+S+N.I.

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51E+W+S+N.I.

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Amendments (Textual)

92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52E+W+S+N.I.

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Amendments (Textual)

93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W+S+N.I.

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Amendments (Textual)

F53S. 93 repealed with saving by Finance Act 1959 (c. 58), s. 30(6), Sch, 8 Pt. II

94—97.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W+S+N.I.

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Amendments (Textual)

Policies of Insurance except Policies of Sea InsuranceE+W+S+N.I.

98 Meaning of policy of life insurance and policy of insurance against accident.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

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Amendments (Textual)

99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W+S+N.I.

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Amendments (Textual)

100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W+S+N.I.

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Amendments (Textual)

101—103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W+S+N.I.

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Amendments (Textual)

104—106.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60E+W+S+N.I.

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Amendments (Textual)

107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61E+W+S+N.I.

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Amendments (Textual)

Stock Certificates to BearerE+W+S+N.I.

108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62E+W+S+N.I.

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Amendments (Textual)

109 Penalty for issuing stock certificate unstamped.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

X2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

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Editorial Information

X2The repeal of s. 109(1) has effect in relation to events taking place on or after a date to be appointed by the Treasury by order. No such date has been appointed as at the end of 2011. The text of this provision will be restored, and any subsequent amendment history reconstructed, in the early part of 2012.

Amendments (Textual)

110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65E+W+S+N.I.

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Amendments (Textual)

Warrants for GoodsE+W+S+N.I.

111 Provisions as to warrants for goods.E+W+S+N.I.

(1)For the purposes of this Act the expression “warrant for goods” means any document or writing, being evidence of the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods, wares, or merchandise lying in any warehouse or dock, or upon any wharf, and signed or certified by or on behalf of the person having the custody of the goods, wares, or merchandise.

(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

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