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STAMP ACT 1891

STAMP ACT 1891 - LONG TITLE

An Act to consolidate the Enactments granting and relating to the
Stamp Duties upon Instruments and certain other enactments relating
to Stamp Duties.{1}
[21st July 1891]
PART I

STAMP ACT 1891 - SECT 1

1. ... the stamp duties to be charged for the use of Her Majesty
upon the several instruments specified in the First Schedule to this
Act shall be the several duties in the said schedule specified,
which duties shall be in substitution for the duties theretofore
chargeable under the enactments repealed by this Act, and shall be
subject to the exemptions contained in this Act and in any other
Act for the time being in force.

STAMP ACT 1891 - SECT 2
All duties to be paid according to regulations of Act.

2. All stamp duties for the time being chargeable by law upon any
instruments are to be paid and denoted according to the regulations
in this Act contained, and except where express provision is made
to the contrary are to be denoted by impressed stamps only.

STAMP ACT 1891 - SECT 3
How instruments are to be written and stamped.

3.(1) Every instrument written upon 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 upon the same piece of
material.

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

STAMP ACT 1891 - SECT 4
Instruments to be separately charged with duty in certain cases.

4. Except where express provision to the contrary is made by this
or any other Act,

(a)An instrument containing or relating to several distinct matters
is to be separately and distinctly charged, as if it were a
separate instrument, with duty in respect of each of the matters;

(b)An instrument made for any consideration in respect whereof it is
chargeable with ad valorem duty, and also for any further or other
valuable consideration or considerations, is to be separately and
distinctly charged, as if it were a separate instrument, with duty
in respect of each of the considerations.

STAMP ACT 1891 - SECT 5
Facts and circumstances affecting duty to be set forth in
instruments.

5. All the facts and circumstances affecting the liability of any
instrument to duty, or the amount of the duty with which any
instrument is chargeable, are to be fully and truly set forth in
the instrument; and every person who, with intent to defraud Her
Majesty,

(a)executes any instrument in which all the said facts and
circumstances are not fully and truly set forth; or

(b)being employed or concerned in or about the preparation of any
instrument, neglects or omits fully and truly to set forth therein
all the said facts and circumstances;

Mode of calculating ad valorem duty in certain cases.

STAMP ACT 1891 - SECT 6

6.(1) Where an instrument is chargeable with ad valorem duty in
respect of

(a)any money in any foreign or colonial currency, or

(b)any stock or marketable security,

(2) Where an instrument contains a statement of current rate of
exchange, or average price, as the case may require, and is stamped
in accordance with that statement, it is, so far as regards the
subject matter of the statement, to be deemed duly stamped, unless
or until it is shown that the statement is untrue, and that the
instrument is in fact insufficiently stamped.

S.7 rep. by 1969 c.48 s.141 sch.11

STAMP ACT 1891 - SECT 8
General direction as to the cancellation of adhesive stamps.

8.(1) An instrument, the duty upon 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 the person required by
law to cancel the adhesive stamp cancels the same by writing 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, or
otherwise effectively cancels the stamp and renders the same
incapable of being used for any other instrument, or for any postal
purpose, or unless it is otherwise proved that the stamp appearing
on the instrument was affixed thereto at the proper time.

(2) Where two or more adhesive stamps are used to denote the stamp
duty upon an instrument, each or every stamp is to be cancelled in
the manner aforesaid.

(3) Every person who, being required by law to cancel an adhesive
stamp, neglects or refuses duly and effectually to do so in the
manner aforesaid, shall incur a fine of ten pounds.

STAMP ACT 1891 - SECT 9
Penalty for frauds in relation to adhesive stamps.

9.(1) If any person

(a)Fraudulently removes or causes to be removed from any instrument
any adhesive stamp, or affixes to any other instrument or uses for
any postal purpose any adhesive stamp which has been so removed,
with intent that the stamp may be used again; or

(b)Sells or offers for sale, or utters, any adhesive stamp which
has been so removed, or utters any instrument, having thereon any
adhesive stamp which has to his knowledge been so removed as
aforesaid;

Subs.(2) rep. by 1898 c.46 s.7(4)

Appropriated stamps.

STAMP ACT 1891 - SECT 10

10.(1) 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, if used, is not to be available, for an instrument
of any other description.

(2) 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.

STAMP ACT 1891 - SECT 11
Denoting stamps.

11. Where the duty with which an instrument is chargeable depends
in any manner upon the duty paid upon another instrument, the
payment of the last-mentioned duty shall, upon application to the
Commissioners and production of both the instruments, be denoted upon
the first-mentioned instrument in such manner as the Commissioners
think fit.

Assessment of duty by Commissioners.

STAMP ACT 1891 - SECT 12

12.(1) Subject to such regulations as the Commissioners may think
fit to make, the Commissioners may be required by any person to
express their opinion with reference to any executed instrument upon
the following questions:

(a)Whether it is chargeable with any duty;

(b)With what amount of duty it is chargeable.

(2) The Commissioners may require to be furnished with an abstract
of the instrument, and also with such evidence as they may deem
necessary, in order to show to their satisfaction whether all the
facts and circumstances affecting the liability of the instrument to
duty, or the amount of the duty chargeable thereon, are fully and
truly set forth therein.

(3) If the Commissioners are of opinion that the instrument is not
chargeable with any duty, it may be stamped with a particular stamp
denoting that it is not chargeable with any duty.

(4) If the Commissioners are of opinion that the instrument is
chargeable with duty, they shall assess the duty with which it is
in their opinion chargeable, and when the instrument is stamped in
accordance with the assessment it may be stamped with a particular
stamp denoting that it is duly stamped.

(5) Every instrument stamped with the particular stamp denoting
either that it is not chargeable with any duty, or is duly
stamped, shall be admissible in evidence, and available for all
purposes notwithstanding any objection relating to duty.

(6) Provided as follows:

(a)An instrument upon which the duty has been assessed by the
Commissioners shall not, if it is unstamped or insufficiently
stamped, be stamped otherwise than in accordance with the assessment:

(b)Nothing in this section... shall authorise the stamping after the
execution thereof of any instrument which by law cannot be stamped
after execution:

(c)A statutory declaration made for the purpose of this section
shall not 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 every person
by whom any such declaration is made shall, on payment of the duty
chargeable upon the instrument to which it relates, be relieved from
any fine or disability to which he may be liable by reason of the
omission to state truly in the instrument any fact or circumstance
required by this Act to be stated therein.

STAMP ACT 1891 - SECT 13
Persons dissatisfied may appeal.

13.(1) Any person who is dissatisfied with the assessment of the
Commissioners may, within twenty-one days after the date of the
assessment, and on payment of duty in conformity therewith, appeal
against the assessment to the High Court of the part of the United
Kingdom in which the case has arisen, and may for that purpose
require the Commissioners to state and sign a case, setting forth
the question upon which their opinion was required, and the
assessment made by them.

(2) The Commissioners shall thereupon state and sign a case and
deliver the same to the person by whom it is required, and the
case may, within seven days thereafter, be set down by him for
hearing.

(3) Upon the hearing of the case 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 chargeable.

(4) If it is decided by the court that the assessment of the
Commissioners is erroneous, any excess of duty which may have been
paid in conformity with the erroneous assessment, together with any
fine or penalty which may have been paid in consequence thereof,
shall be ordered by the court to be repaid to the appellant,....

Subs.(5) rep. by 1947 c.44 s.39 sch.2; SI 1949/1836 (I. p.1261)

Terms upon which instruments not duly stamped may be received in
evidence.

STAMP ACT 1891 - SECT 14

14.(1) Upon the production of an instrument chargeable with any duty
as evidence in any court of civil judicature in any part of the
United Kingdom, or before any arbitrator or referee, notice shall be
taken by the judge, arbitrator, or referee of any omission or
insufficiency of the stamp thereon, and if the instrument is one
which may legally be stamped after the execution thereof, it may,
on payment to the officer of the court whose duty it is to read
the instrument, or to the arbitrator or referee, of the amount of
the unpaid duty, and the penalty payable on stamping the same, and
of a further sum of one pound, be received in evidence, saving all
just exceptions on other grounds.

(2) The officer, or arbitrator, or referee receiving the duty and
penalty shall give a receipt for the same, and make an entry in a
book kept for that purpose of the payment and of the amount
thereof, and shall communicate to the Commissioners the name or
title of the proceeding in which, and of the party from whom, he
received the duty and penalty, and the date and description of the
instrument, and shall pay over to such person as the Commissioners
may appoint the money received by him for the duty and penalty.

(3) On production to the Commissioners of any instrument in respect
of which any duty or penalty has been paid, together with the
receipt, the payment of the duty and penalty shall be denoted on
the instrument.

(4) Save as aforesaid, an instrument executed in any part of the
United Kingdom, or relating, wheresoever executed, to any property
situate, or to any matter or thing done or to be done, in any
part of the United Kingdom, shall not, except in criminal
proceedings, be given in evidence, or be available for any purpose
whatever, unless it is duly stamped in accordance with the law in
force at the time when it was first executed.

Penalty upon stamping instruments after execution.

STAMP ACT 1891 - SECT 15

15.(1) Save where other express provision is in this Act made, any
unstamped or insufficiently stamped instrument may be stamped after
the execution thereof, on payment of the unpaid duty and a penalty
of ten pounds, and also by way of further penalty, where the
unpaid duty exceeds ten pounds, of interest on such duty, at the
rate of five pounds per centum per annum, from the day upon which
the instrument was first executed up to the time when the amount
of interest is equal to the unpaid duty.

(2) In the case of such instruments herein-after mentioned as are
chargeable with ad valorem duty, the following provisions shall have
effect:

(a)The instrument, unless it is written upon duly stamped material,
shall be duly stamped with the proper ad valorem duty before the
expiration of thirty days after it is first executed, or after it
has been first received in the United Kingdom in case it is first
executed at any place out of the United Kingdom, unless the opinion
of the Commissioners with respect to the amount of duty with which
the instrument is chargeable, has, before such expiration, been
required under the provisions of this Act:

(b)If the opinion of the Commissioners with respect to any such
instrument has been required, the instrument shall be stamped in
accordance with the assessment of the Commissioners within fourteen
days after notice of the assessment:

(c)If any such instrument executed after the sixteenth day of May
one thousand eight hundred and eighty-eight has not been or is not
duly stamped in conformity with the foregoing provisions of this
subsection, the person in that behalf herein-after specified shall
incur a fine of ten pounds, and in addition to the penalty payable
on stamping the instrument there shall be paid a further penalty
equivalent to the stamp duty thereon, unless a reasonable excuse for
the delay in stamping, or the omission to stamp, or the
insufficiency of stamp, be afforded to the satisfaction of the
Commissioners, or of the court, judge, arbitrator, or referee before
whom it is produced:

(d)The instruments and persons to which the provisions of this
subsection are to apply are as follows:

of any kind whatsoever.(3) Provided that save where other express
provision is made by this Act in relation to any particular
instrument:

(a)Any unstamped or insufficiently stamped instrument which has been
first executed at any place out of the United Kingdom, may be
stamped, at any time within thirty days after it has been first
received in the United Kingdom, on payment of the unpaid duty only:
and

(b)The Commissioners may, if they think fit, ... mitigate or remit
any penalty payable on stamping.

(4) The payment of any penalty payable on stamping is to be
denoted on the instrument by a particular stamp.

Rolls, books, &c. to be open to inspection.

STAMP ACT 1891 - SECT 16
other person taking the security.

16. Every public officer having in his custody any rolls, books,
records, papers, documents, or proceedings, the inspection whereof may
tend to secure any duty, or to prove or lead to the discovery of
any fraud or omission in relation to any duty, shall at all
reasonable times permit any person thereto authorised by the
Commissioners to inspect the rolls, books, records, papers, documents,
and proceedings, and to take such notes and extracts as he may
deem necessary, without fee or reward, and in case of refusal shall
for every offence incur a fine of ten pounds.

STAMP ACT 1891 - SECT 17
Penalty for enrolling, &c. instrument not duly stamped.

17. If any person whose office it is to enrol, register, or enter
in or upon any rolls, books, or records any instrument chargeable
with duty, enrols, registers, or enters any such instrument not
being duly stamped, he shall incur a fine of ten pounds.

Mode of denoting duty.

STAMP ACT 1891 - SECT 18

18. The duty payable upon an admission is to be denoted on the
instrument of admission delivered to the person admitted, if there
be any such instrument, or if not, on the register, entry, or
memorandum of the admission in the rolls, books, or records of the
court, inn,... or society in which the admission is made, and in
cases in which no instrument of admission is delivered, and no
register, entry, or memorandum is made, on the receipt or warrant
for admission.

S.19 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II. S.20 rep. by 1925
c.30 (NI) s.3. S.22 rep. by 1970 c.21 (NI) s.19 sch.3 Pt.II. S.23
rep. by 1970 c.21 (NI) s.19 sch.3 Pt.III; 1971 c.27 (NI) s.9 sch.3
Pt.II. S.24 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II

Meaning of instrument of apprenticeship.

STAMP ACT 1891 - SECT 25

25. 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.

S.27 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II. S.28 rep. by 1925
c.30 (NI) s.3

Meaning of banker and bank note.

STAMP ACT 1891 - SECT 29

29. For the purposes of this Act the expression "banker" means any
person carrying on the business of banking in the United Kingdom,
and the expression "Bank note" includes

(a)Any bill of exchange or promissory note issued by any banker
other than the Bank of England, for the payment of money not
exceeding one hundred pounds to the bearer on demand; and

(b)Any bill of exchange or promissory note so issued which entitles
or is intended to entitle the bearer or holder thereof, without
indorsement or without any further or other indorsement than may be
thereon at the time of the issuing thereof, to the payment of
money not exceeding one hundred pounds on demand, whether the same
be so expressed or not and in whatever form, and by whomsoever the
bill or note is drawn or made.

STAMP ACT 1891 - SECT 30
Bank notes may be re-issued.

30. A bank note issued duly stamped, or issued unstamped by a
banker duly licensed or otherwise authorised to issue unstamped bank
notes, may be from time to time re-issued without being liable to
any stamp duty by reason of the re-issuing.

STAMP ACT 1891 - SECT 31
Penalties for issuing or receiving an unstamped bank note.

31.(1) If any banker, not being duly licensed or otherwise
authorised to issue unstamped bank notes, issues or permits to be
issued, any bank note not being duly stamped, he shall incur a
fine of fifty pounds.

(2) If any person receives or takes in payment or as a security
any bank note issued unstamped contrary to law, knowing the same to
have been so issued, he shall incur a fine of twenty pounds.

S.32 rep. by 1962 c.17 (NI) s.8 sch. Pt.II; 1970 c.21 (NI) s.19
sch.3 Pt.III. Ss.3339 rep. by 1961 c.10 (NI) s.14 sch.3 Pt.I; 1970
c.21 (NI) s.19 sch.3 Pt.III. S.40 rep. by 1949 c.15 (NI) s.16
sch.4 Pt.II

Bills of sale.

STAMP ACT 1891 - SECT 41

41. 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.

S.42 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II. S.43 rep. by 1952
c.13 (NI) s.6(1)(2) sch.4 Pt.I. S.44 rep. by 1976 NI12 art.82(1)
sch.3. Ss.4548 rep. by 1952 c.13 (NI) s.6(1)(2) sch.4 Pt.I

Provisions as to duty on charter-party.

STAMP ACT 1891 - SECT 49

49.(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.

Subs.(2) rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II

Meaning of "conveyance on sale."

STAMP ACT 1891 - SECT 54

54. For the purposes of this Act the expression "conveyance on
sale" includes every instrument, and every decree or order of any
court or of any commissioners, whereby any property, or any estate
or interest in any property, upon the sale thereof is transferred
to or vested in a purchaser, or any other person on his behalf or
by his direction.

STAMP ACT 1891 - SECT 55
How ad valorem duty to be calculated in respect of stock and
securities.

55.(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.

(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.

STAMP ACT 1891 - SECT 56
How consideration consisting of periodical payments to be charged.

56.(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 in 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.

Subs.(4) rep. by 1971 c.27 (NI) s.9 sch.3 Pt.I

STAMP ACT 1891 - SECT 57
How conveyance in consideration of a debt, &c. to be charged.

57. 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.

STAMP ACT 1891 - SECT 58
Directions as to duty in certain cases.

58.(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.

(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, 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 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 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.

STAMP ACT 1891 - SECT 59
Certain contracts to be chargeable as conveyances on sale.

59.(1) Any contract or agreement... for the sale of any equitable
estate or interest in any property whatsoever, or for the sale of
any estate or interest in any property except lands, tenements,
hereditaments, or heritages, or property locally situate out of the
United Kingdom, or goods, wares or merchandise, or stock, or
marketable securities, or any ship or vessel, or part interest,
share, or property of or in any ship or vessel, shall be charged
with the same ad valorem duty, to be paid by the purchaser, as if
it were an actual conveyance on sale of the estate, interest, or
property contracted or agreed to be sold.

(2) Where the purchaser has paid the said ad valorem duty and
before having obtained a conveyance or transfer of the property,
enters into a contract or agreement for the sale of the same, the
contract or agreement shall be charged, if the consideration for
that sale is in excess of the consideration for the original sale,
with the ad valorem duty payable in respect of such excess
consideration, [but shall not otherwise be chargeable except where
appropriate with the fixed duty of [50p]].

(3) Where duty has been duly paid in conformity with the foregoing
provisions, the conveyance or transfer made to the purchaser or
sub-purchaser, or any other person on his behalf or by his
direction, shall not be chargeable with any duty, and the
Commissioners, upon application, either shall denote the payment of
the ad valorem duty upon the conveyance or transfer, or shall
transfer the ad valorem duty thereto upon production of the contract
or agreement, or contracts or agreements, duly stamped.

Subs.(4) rep. by 1970 c.21 (NI) s.19 sch.3 Pt.II

(5) [Provided that where any such contract or agreement is stamped
with the fixed duty of [50p] or would, apart from this section,
not be chargeable with duty], and a conveyance or transfer made in
conformity with the contract or agreement is presented to the
Commissioners for stamping with the ad valorem duty chargeable
thereon within the period of six months after the first execution
of the contract or agreement, or within such longer period as the
Commissioners may think reasonable in the circumstances of the case,
the conveyance or transfer shall be stamped accordingly, and the
same, and the said contract or agreement, shall be deemed to be
duly stamped. Nothing in this proviso shall alter or affect the
provisions as to the stamping of a conveyance or transfer after the
execution thereof.

(6) Provided also, that the ad valorem duty paid upon any such
contract or agreement shall be returned by the Commissioners in case
the contract or agreement be afterwards rescinded or annulled, or
for any other reason be not substantially performed or carried into
effect, so as to operate as or be followed by a conveyance or
transfer.

STAMP ACT 1891 - SECT 60
As to sale of an annuity or right not before in existence.

60. 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
instrument of conveyance on sale.

STAMP ACT 1891 - SECT 61
Principal instrument, how to be ascertained.

61.Subs.(1) rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II; SLR (NI) 1954

(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.

What is to be deemed a conveyance on any occasion, not being a
sale or mortgage.

STAMP ACT 1891 - SECT 62

62. Every instrument, and every decree or order of any court or of
any commissioners, whereby any property on any occasion, except a
sale or mortgage, is transferred to or vested in any person, is to
be charged with duty as a conveyance or transfer of property:

Provided that a conveyance or transfer made for effectuating the
appointment of a new trustee is not to be charged with any higher
duty than [50p].

Ss.6368 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II. Ss.6971 rep. by
1905 c.4 s.8(1) sch.

Provision as to duplicates and counterparts.

STAMP ACT 1891 - SECT 72

72. The duplicate or counterpart of an instrument chargeable with
duty (except the counterpart of an instrument chargeable as a lease,
such counterpart not being executed by or on behalf of any lessor
or grantor), is not to be deemed duly stamped unless it is stamped
as an original instrument, or unless it appears by some stamp
impressed thereon that the full and proper duty has been paid upon
the original instrument of which it is the duplicate or counterpart.

As to exchange, &c.

STAMP ACT 1891 - SECT 73

73. Where upon the exchange of any real or heritable property for
any other real or heritable property, or upon the partition or
division of any real or heritable 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 the exchange or partition or division is effected
is to be charged with the same ad valorem duty as a conveyance on
sale for the consideration, and with that duty only; and where in
any such case there are several instruments for completing the title
of either party, the principal instrument is to be ascertained, and
the other instruments are to be charged with duty in the manner
herein-before provided in the case of several instruments of
conveyance.

S.74 rep. by 1954 c.3 (NI) s.12 sch.

Agreements for not more than thirty-five years to be charged as
leases.

STAMP ACT 1891 - SECT 75

75.(1) An agreement for a lease or tack, or with respect to the
letting of any lands, tenements, or heritable subjects for any term
not exceeding thirty-five years, or for any indefinite term, is to
be charged with the same duty as if it were an actual lease or
tack made for the term and consideration mentioned in the agreement.

(2) A lease or tack made subsequently to, and in conformity with,
such an agreement duly stamped is to be charged with the duty of
[5p] only.

S.76 rep. by 1963 c.22 (NI) s.21 sch.3 Pt.II

STAMP ACT 1891 - SECT 77
Directions as to duty in certain cases.

77.(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.

Subs.(3) rep. by 1963 c.22 (NI) s.21 sch.3 Pt.II

(5) An instrument whereby the rent reserved by any other instrument
chargeable with duty and duly stamped as a lease or tack is
increased is not to be charged with duty otherwise than as a lease
or tack in consideration of the additional rent thereby made
payable.

S.78 rep. by 1963 c.22 (NI) s.21 sch.3 Pt.II. Ss.79, 80 rep. by
1949 c.15 (NI) s.16 sch.4 Pt.II. S.81 rep. by 1917 c.31 s.30(2)

S.82 rep. by 1893 c.7 s.4(2); 1973 NI18 art.16 sch.4

STAMP ACT 1891 - SECT 83
Penalty on issuing, &c. foreign, &c. security not duly stamped.

83. Every person who in the United Kingdom... assigns, transfers,
negotiates,..., any foreign security or [commonwealth] government
security not being duly stamped, shall incur a fine of twenty
pounds.

S.84 rep. by 1963 c.22 (NI) s.21 sch.3 Pt.II. S.85 rep. by 1893
c.7 s.4(2). Ss.8690 rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II; 1971
c.27 (NI) s.9 sch.3 Pt.I

Meaning of policy of insurance.

STAMP ACT 1891 - SECT 91

91. For the purposes of this Act the expression "policy of
insurance" includes every writing whereby any contract of insurance
is made or agreed to be made, or is evidenced, and the expression
"insurance" includes assurance.

Ss.9297 rep. by 1959 c.9 (NI) s.17(2) sch.3 Pt.II but see s.5(6)
of that Act

Meaning of policy of life insurance.

STAMP ACT 1891 - SECT 98

98.(1) For the purposes of this Act the expression "policy of life
insurance" means a policy of insurance upon any life or lives or
upon any event or contingency relating to or depending upon any
life or lives except a policy of insurance... for any payment
agreed to be made upon the death of any person only from accident
or violence or otherwise than from a natural cause,....

Subs.(2) rep. by 1959 c.9 (NI) s.17(2) sch.3 Pt.II

Penalty for not making out policy, or making, &c. any policy not
duly stamped.

STAMP ACT 1891 - SECT 100

100. Every person who

(1)Receives, or takes credit for, any premium or consideration for
any insurance..., and does not, within one month after receiving, or
taking credit for, the premium or consideration, make out and
execute a duly stamped policy of insurance; or

(2)Makes, executes, or delivers out, or pays or allows in account,
or agrees to pay or allow in account, any money upon or in
respect of any policy... which is not duly stamped;

Ss.101103 rep. by 1970 c.21 (NI) s.19 sch.3 Pt.III. Ss.104106 rep.
by 1962 c.17 (NI) s.8 sch. Pt.II. Ss.107108 rep. by 1963 c.22 (NI)
s.21 sch.3 Pt.II

Cancellation of bearer certificate on registration.

STAMP ACT 1891 - SECT 109

109.(1) Where the holder of a stock certificate to bearer has been
entered on the register of the local authority as the owner of the
share of stock described in the certificate, the certificate shall
be forthwith cancelled so as to be incapable of being re-issued to
any person.

Subs.(2) rep. by 1963 c.22 (NI) s.21 sch.3 Pt.II

Provisions as to warrants for goods.

STAMP ACT 1891 - SECT 111

111.(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.

Subs.(2)(3) rep. by 1949 c.15 (NI) s.16 sch.4 Pt.II

Ss.112, 113 rep. by 1973 NI18 art.16 sch.4. S.114 rep. with saving
by 1970 c.21 (NI) ss.6, 19 schs.2 Pt.II, 3 Pt.II. S.115 rep. by
1967 c.20(NI) s.20 sch.3 Pt.I; 1976 c.40 s.132 sch.15 Pt.VI. S.116
rep. by 1970 c.21 (NI) s.19 sch.3 Pt.II

Conditions and agreements as to stamp duty void.

STAMP ACT 1891 - SECT 117

117. Every condition of sale framed with the view of precluding
objection or requisition upon the ground of absence or insufficiency
of stamp upon any instrument executed after the sixteenth day of
May one thousand eight hundred and eighty eight, and every contract,
arrangement, or undertaking for assuming the liability on account of
absence or insufficiency of stamp upon any such instrument or
indemnifying against such liability, absence, or insufficiency, shall
be void.

STAMP ACT 1891 - SECT 118
Assignment of policy of life assurance to be stamped before payment
of money assured.

118.(1) No assignment of a policy of life insurance shall confer on
the assignee therein named, his executors, administrators, or assigns,
any right to sue for the moneys assured or secured thereby, or to
give a valid discharge for the same, or any part thereof, unless
the assignment is duly stamped, and no payment shall be made to
any person claiming under any such assignment unless the same is
duly stamped.

(2) If any payment is made in contravention of this section, the
stamp duty not paid upon the assignment, together with the penalty
payable on stamping the same, shall be a debt due to Her Majesty
from the person by whom the payment is made.

STAMP ACT 1891 - SECT 119
Instruments relating to Crown property.

119. Except where express provision to the contrary is made by this
or any other Act, an instrument relating to property belonging to
the Crown, or being the private property of the sovereign, is to
be charged with the same duty as an instrument of the same kind
relating to property belonging to a subject.

STAMP ACT 1891 - SECT 120
As to instruments charged with duty of 35s.

120. Any instrument which by any Act passed before the first day
of January one thousand eight hundred and seventy-one and not
relating to stamp duties, is specifically charged with the duty of
thirty-five shillings, shall be chargeable only with the duty of
[50p] in lieu of the said duty of thirty-five shillings.

STAMP ACT 1891 - SECT 121
Recovery of penalties.

121. All fines imposed by this Act are to be sued for and
recovered by information in the High Court... in Ireland in the
name of the Attorney General for Ireland.

STAMP ACT 1891 - SECT 122
Definitions.

122.(1) In this Act, unless the context otherwise requires

The expression "Commissioners" means Commissioners of Inland Revenue:

The expression "material" includes every sort of material upon which
words or figures can be expressed:

The expression "instrument" includes every written document:

The expression "stamp" means as well a stamp impressed by means of
a die as an adhesive stamp:

The expression "stamped", with reference to instruments and material,
applies as well to instruments and material impressed with stamps by
means of a die as to instruments and material having adhesive
stamps affixed thereto:

The expressions "executed" and "execution", with reference to
instruments not under seal, mean signed and signature:

The expression "money" includes all sums expressed in British or in
any foreign or colonial currency:

The expression "stock" includes any share in any stocks or funds
transferable at the Bank of England or at the Bank of Ireland, and
India promissory notes, and any share in the stocks or funds of
any foreign or colonial state or government, or in the capital
stock or funded debt of any county council, corporation, company, or
society in the United Kingdom, or of any foreign or colonial
corporation, company, or society:

The expression "marketable security" means a security of such a
description as to be capable of being sold in any stock market in
the United Kingdom:

Definition rep. by SLR (NI) 1954

S.123 rep. by SLR 1908. S.124 rep. by SLR (NI) 1954

STAMP ACT 1891 - SECT 125
Short title.

125. This Act may be cited as the Stamp Act, 1891.

1Headings which had been repealed at 31.3.1981 are omitted

See LEASE or TACK, and section 75.

See CONVEYANCE ON SALE, and section 59.

See CONVEYANCE ON SALE, and section 56.

purchase of:






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URL: http://www.bailii.org/nie/legis/num_act/sa189185.txt