1866 - Mitchell and Seffern's Directory of the City and Suburbs of Auckland, for 1866-7. - Stamp Duties Act [and Miscellaneous], p 73-80

       
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  1866 - Mitchell and Seffern's Directory of the City and Suburbs of Auckland, for 1866-7. - Stamp Duties Act [and Miscellaneous], p 73-80
 
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STAMP DUTIES ACT [and miscellaneous].

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STAMP DUTIES ACT,

SCHEDULE I. --CONTAINING THE DUTIES ON DEEDS AND OTHER INSTRUMENTS RELATING TO TRANSACTIONS BETWEEN LIVING PERSONS.

£ s. d.

Agreement or any minute or memorandum of an agreement under hand only, where the matter thereof shall be of the value of £20 or upwards; whether the same shall only be evidence of a contract or obligatory on the parties from its being a written instrument, together with every schedule receipt or other matter put or endorsed thereon or annexed thereto ..... 0 1 0

Provided always, that where divers letters shall be offered in evidence to prove any agreement between the parties who shall have written such letters, it shall be sufficient if any of such letters shall be stamped with a duty of two shillings and sixpence.

BILLS OF EXCHANGE --
Inland bill of exchange draft or order for the payment to the bearer or to order at any time otherwise than on demand of any sum of money not exceeding £50 ....... 0 1 0

Ditto, not exceeding £100 ...... 0 2 0

And where the sum shall exceed £100 then for every £50 and also for any fractional part of £50 ..... 0 1 9

Foreign bill of exchange drawn in but payable out of the colony of New Zealand--

If drawn singly or otherwise than in a set of two or more 1

If drawn in sets of two, then for every bill of each set where the sum payable shall not exceed £50 ..... 0 0 6

And where it shall exceed £50 and not exceed £100 ... 0 1 0

And where the same shall exceed £100 then for every £50 and also any fractional part of £50 ..... 0 0 6

If drawn in sets of three or more, for every bill of each set where the sum payable thereby shall not exceed £50 .... 0 0 4

And where it shall exceed £50 and not exceed £100 ... 0 0 8

And where the same shall exceed £100, then for every £50, and also any fractional part of £50 .... 0 0 4

Exemptions from the foregoing duties on bills of exchange--All debentures and Treasury bills issued by the Government of New Zealand; all drafts or orders for the payment of any sum of money to the bearer, on demand, drawn upon any banker, person, or company, are exempt from the foregoing duties, but are subject to the duty of a 1d charged upon drafts or orders.

Bill of exchange drawn out of the colony, but endorsed or negotiated within the colony, the same duties as on a bill of exchange drawn within the colony, and payable within the colony, 2

Promissory note, for the payment in any other manner than to the bearer, on demand, of any sum of money not exceeding £25 - 0 0 6

Exceeding £25, not exceeding £50 ..... 0 1 0

Promissory note, for the payment either to the bearer, on demand, or in any other manner than to the bearer, on demand, of any sum of money exceeding £50, and not exceeding £100 ... 0 2 0

Where the sum shall exceed £100, then for every £50, and fractional part of £50 ....... 0 1 0

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STAMP DUTIES ACT--continued.

Exemptions from the foregoing duties on promissory notes, but not from any other duty to which the same may be liable--All promissory notes, for the payment of money on demand, issued by any Bank or Banking Company in New Zealand authorized to issue such notes, and making such returns, and paying such compositions, as is in this Act respectively mentioned.

All bills, drafts, or orders, or promissory notes, for the payment by any Bank or Banking Company of any sum of money, though not made payable to the bearer or to order, and whether delivered to the payee or not, and all writings or documents entitling any person to the payment, by any Bank or Banking Company of any sum of money, whether the person to whom payment is to be made shall be named or designated therein or not, or whether the same shall be delivered to him or not, shall respectively be deemed to be bills, drafts, or orders for the payment of money, chargeable with Stamp Duty as if the same had been made payable to bearer or to order

BILL OF LADING, or receipt in lieu thereof from the master, mate, or agent of any vessel, for any goods, merchandise, or effects, to be carried to any place beyond the boundaries of the colony--for every such bill of lading, or receipt, or copy thereof .. 0 1 0

CONVEYANCE--

Of any kind or description whatsoever, upon the sale of any property in respect of the principal or only writing, whereby the property sold shall be conveyed to or vested in the purchaser, or any other person or persons by his direction (except transfers expressly provided for by this Act)--

WWhere the purchase or consideration money therein or thereupon expressed shall not exceed £50 ..... 0 5 0

And where the same shall exceed £50, and not exceed £100 - 0 10 0

And where the same shall exceed £100, then for every £50, and any fractional part of £50 .... 0 5 0

The consideration must be truly expressed in words upon each principal deed of conveyance, and if value be given in stock, or other security, its value must in like manner be set forth in full.

When consideration is in Government or other stock or debentures, the duty is payable on the average selling price at the time of the conveyance.

Property held under different titles, sold at one entire price, must be conveyed to buyer in separate parcels, so that a distinct price may be expressed on each conveyance, to be charged with the ad. valorem duty.

Property contracted for by several persons jointly, or by one for himself and others, or wholly for others at one entire price for the whole, shall be conveyed in parcels by separate words containing statement of the share of purchase money paid for each, so as to admit of the imposition of an ad valorem Stamp Duty.

Where separate parcels are conveyed to the use of different persons in one deed, such deed shall be charged in respect of the aggregate purchase money.

In case of a sub-sale of property before a conveyance has been made, the conveyance shall then be to the sub-purchaser, with the price stated on the principal deed.

When the sub-sale is made to various individuals for different parts of the property, separate conveyances shall be made to each with the consideration expressed on the principal deed.

In cases of sub-sale, the sub-seller and purchaser deemed the seller and purchaser within the meaning of the Act.

But in case of an actual conveyance of the interest of the person immediately selling to the sub-purchaser, which shall be chargeable with ad valorem duty, any deed or conveyance made to sub-purchaser after-

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STAMP DUTIES ACT. --continued.

wards by original seller shall be free of ad valorem duty, and liable only to ordinary stamp as a deed.

Where property bought of different persons is conveyed to the buyer by a single deed, the ad valorem, duty on the deed is calculated on the aggregate of the various purchase moneys.

Land sold subject to mortgage, or to any sum afterwards to be paid, duty is payable on the value of such mortgage or subsequent payment.

Exemptions from the preceding duties on conveyances:--

Any grant from the Crown under the hand of the Governor for the time being of the Colony of New Zealand, to any purchaser of Crown lands in New Zealand.

Any certificate of the title granted under the hand of the Registrar-General, pursuant to "The Land Registry Act, 1860."

DEED, or instrument of any kind whatever, not otherwise charged in this Schedule 0 10 0

Exemptions from the preceding duties on deeds or instruments not otherwise charged in this Schedule:--

Apprenticeship and Clerkship--All instruments relating to the services of apprentices, clerks, or servants.

Mortgage--All bonds and mortgages, whether affecting real or personal estate, bills of sale by way of mortgage, and all transfers, agreements, re-leases, re-conveyances, and discharges thereof.

All preferable liens under "The Wool and Oil Securities Act, 1858."

All customs bonds.

All administration bonds.

All bonds on appointment of special bailiffs.

DRAFT, or order, including cheques, or orders on bankers for the payment of any sum ot money to a payee named, or to bearer, or to order, either on demand or otherwise, not otherwise charged - 0 0 1

LEASE, or agreement for a lease, or any written document for the tenancy, or occupancy of any lands, tenements, or hereditaments, without any consideration by way of premium, the following duties in respect of the yearly rent:--

Where the yearly rent shall not exceed £50 .. 0 2 6

Where the same shall exceed £50 and not exceed £100 ... 0 5 0

Above £100 for every fractional part of £50 .. - 0 2 6

LEASE, or agreement for a lease, of any lands, tenements, or hereditaments, granted in consideration of a sum of money by way of premium, without rent or with an annual rent. 3

LEASE of any lands, tenements, or hereditaments, granted in consideration of a sum of money by way of premium, and also of a yearly rent amounting to £20 and upwards. 4

Exemptions from the preceding duties on leases:--

Leases granted by the Crown of any waste lands under the provisions of any Waste Lands Act, or Gold-fields Act.

MEMORANDUM of transfer under "The Land Registry Act, 1860. 5

POLICY OF INSURANCE, or other instrument whereby any insurance shall be made upon any ship or vessel, or upon any goods, merchandize, or other property on board of any ship or vessel, or upon the freight thereof, covered by a Time Policy for any period not exceeding three months ....... 0 2 6

And for ail other Marine Policies, for every sum of £100, and for every fractional part of £100 ...... 0 1 0

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STAMP DUTIES ACT. --continued. £ s.. d.

PROMISSORY NOTES, payable to the bearer on demand, issued by any Bank or Banking Company, at the rate of, for every £100, of the average annual amount in circulation as certified under "The Bankers Returns Act, 1858" ...... 2 0 0

RECEIPT, or discharge given for or on payment of any sum of money of the amount of £5 or upwards ..... 0 0 1

Exemptions from the preceding duties on receipts:--

Receipts given for or upon the payment of money to or for the use of, or by or on behalf of Her Majesty.

Receipts endorsed upon any instrument duly stamped under this Act acknowledging the receipt of the consideration money therein expressed.

Acknowledgment given for money deposited in any Banks to be accounted for.

Receipts for moneys paid into Land, Building, and Investment Societies.

TRANSFER, except by way of mortgage, of any run or station held under lease or license, or promise of lease or license, from the Crown, or of any interest therein, where the declared value of the said run or station, or interest, or the value thereof assessed as in this Act provided, shall not exceed £100 .... 0 10 0

And where such value shall exceed £100, then for every £100, and any fractional part of £100 ...... 0 10 0

TRANSFER of any share or shares in the stock and funds of any corpora tion, company, or society whatever in New Zealand, upon sale thereof; --

Where the purchase, or consideration money therein expressed, shall not exceed £20 ....... 0 1 0

Exceeding £20, and not exceeding £50 ... 0 2 6

Exceeding £50, and not exceeding £100 .... 0 5 0

For every additional £50, or fractional part of £50 ... 0 2 6



SCHEDULE II. --CONTAINING THE DUTIES ON PROBATES OF WILLS AND LETTERS OF ADMINISTRATION.

£ s. d.

PROBATE of a will, and letters of administration with a will annexed, where the effects, as sworn to by the executor or administrator, shall be; -,

Under the value of £100 .. 1 0 0

Above the value of £100, and under £200 .... 2 0 0

Above the value of £200, and under £300 .... 3 0 0

Above the value of £300, and under £400 ... 4 0 0

Above the value of £400, and under £500 ... 5 0 0

And above £500 ... £1 per cent.

LETTERS OF ADMINISTRATION, without a will annexed, where the effects, as sworn to by the administrator, shall be:--

Under the value of £100 ..... 1 10 0

Above the value of £100, and under £200 .... 3 0 0

Above the value of £200, and under £300 .... 4 10 0

Above the value of £300, and under £400 .... 6 0 0

Above the value of £400, and under £500 .... 7 10 0

And above £500 ..... £ 1 1/2 per cent



SCHEDULE III. --CONTAINING THE DUTIES ON LEGACIES, AND SUCCESSION TO PERSONAL ESTATE, UNDER AND TESTAMENTARY DISPOSITION, OR UPON INTESTACY.

Legacy duty to be charged on every legacy, specific or pecuniary, to the value of more than £20, given by will, out of personal estate, or charged on real property, or of money to arise from such sale or mortgage of real property.

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STAMP DUTIES ACT. --continued.

Also for the clear residue descending to one or more persons after payment of debts, funeral expenses, and legacies above the value of £20 after passing of Act.

In like manner on the clear residue of money arising from mortgage or sale of real property, after deducting debts, funeral expenses and legacies as before, when the residue amounts to above £20.

Legacy or residue descending to child or descendant of child of deceased, or to father, mother, or lineal ancestor of deceased, pays one per cent, duty . .... £1 percent.

Legacy or residue devolving on brother or sister on their descendant, pays three per cent, duty ...... £3 per cent.

TO uncle or aunt, or their descendants, pays five per cent, duty ... £5 per cent.

To grand-uncle or to grand-aunt, or to their descendants, pays six per cent, duty ....... £6 per cent.

To any more distant collateral relation, pays seven per cent, duty £7 per cent.

And when it devolves upon a stranger to the blood of the deceased, it pays ten per cent, duty ..... £10 per cent.

And gifts of annuities, or other partial interests in such estates as aforesaid, are to be deemed legacies.

Legatee taking more than one legacy under the same will, together amounting to £20, pays duty, although neither legacy separately would have been liable to the duty.

But legacies and residues of estates, or effects devolving on husband or wife of the deceased, are exempt from legacy duty.



SCHEDULE IV. --DUTIES ON SUCCESSIONS TO REAL AND PERSONAL ESTATE.

Where the successor shall be the lineal issue or lineal ancestor of the predecessor, a duty upon the value of the succession at the rate of £1 per cent.

Where the successor shall be a brother or sister to a descendant of a brother or sister of the predecessor, a duty upon the value of the succession of ...... £3 per cent.

Where the successor shall be a brother or sister of the father or mother, or a descendant of a brother or sister of the father or mother of the predecessor, a duty upon the value of the succession of .... £5 per cent,

Where the successor shall be a brother or sister of the grandfather or grandmother, or a descendant of a brother or sister of the grandfather or grandmother of the predecessor, a duty upon the value of the succession of ...... £6 per cent.

Where the successor shall be in any other degree of collateral consanguinity to the predecessor than is hereinbefore described, a duty upon the value of the succession of ... £7 per cent.

Where the successor shall be a stranger in blood to the predecessor, a duty upon the value of the succession of .... £10 per cent.

Exemptions from the foregoing duties:--

All successions given to, or in trust for, or which shall devolve upon, or be acquired by the husband or wife of the predecessor.

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THE CLIMATE OF NEW ZEALAND COMPARED.

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TABLE OF POSITIONS.

LATITUDE, LONGITUDE, HIGH WATER, AND TIDE RANGE

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ITINERARY,

THE DISTANCE FROM AUCKLAND TO

  MILES
Ahipara..... 192
Aotea ...... 99
Adelaide ... 1800
Canterbury ... 680
Coromandel 41
Drury ... 24
Henderson's Mills 12
Hiruharama 200
Hobart Town ... 1300
Howick ... 12
Kaitaia 193
Kaukapakapa 26
Kawhia ... 104
Katikati ... 95
Kerikeri ... 150 & 199
Little Muddy Creek 18
London 16,000
Lucas' Creek 9
Mahurangi ...... 30
Maketu ... ...... 130 & 156
Mangapai... 92
Mangawia... 60
Mangungu 153
Matakana... 38
Mauku Bridge ...... 34
Maunga whare 110
Mangonui... 174 & 240
Melbourne 1400
Napier ......... 401
Nelson ......... 520
New Plymouth ... 140 & 199
Ngungura... 116
Newmarket 2
North Shore ...... 1.1/2
Omaha ... ... 44
  MILES
Onehunga... 6
Orewa 25
Otahuhu ... 9
Otawhao ... 95
Otago 870
Opotiki 183
Panmure ... 8
Papakura ... 20
Paihai 183
Poverty Bay 273 & 315
Raglan ... 70 & 81
Rangitakia 220
Russell 138
St. John's College 6
Sydney ...... 1200
Taraire 156
Tarawera 190
Taupiri 70
Tauranga ... 115 & 142
Te Tarata... 107
Turanga ... 273 & 315
Waikato River ... 46
Wade ...... 16
Waimate ... 160
Waipu 65
Wairoa, 26
Waitemata Mills... 14 & 26
Waitetuna 90
Waiwera ... 24
Wangarei... 95
Wangaroa... 186 & 224
Whau Bridge 7
Wellington 500
Whakatane 163
Whangaruru 151
1   The same duty as on an Inland Bill of the same amount and tenor.
2   The same duty as on an Inland Bill of the Same amount and tenor.
3   The ad valorem duties payable upon a conveyance calculated on the consideration by way of premium expressed therein.
4   Both the ad valorem duties payable upon a conveyance according to the consideration therein expressed, and a lease in consideration of a rent of the same amount.
5   The same duty as for a conveyance for the sale of lands for a like sum the consideration of such transfer.

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