1748
THE NEW ZEALAND GAZETTE.
[No. 101

sent of the Executive Council of the said colony,
also assign the said Wellington District unto

THOMAS BANNATYNE GILLIES, Esquire,
one of the Judges of the said Court.

FORSTER GORING,
Clerk of the Executive Council.

Regulations under "The Stamp Act, 1882," as to
the Payment of Fees, &c., by Stamps.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-first day of November, 1882.

Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE
GOVERNMENT IN COUNCIL,

IN pursuance and exercise of the powers and
authorities in that behalf conferred upon him
by "The Stamp Act, 1882," His Excellency the
Administrator of the Government of the Colony of
New Zealand, by and with the advice and consent of
the Executive Council of the said colony, doth here-
by repeal, as from the first day of December, one
thousand eight hundred and eighty-two, the regula-
tions made under "The Stamp Fee Act, 1880," by
certain Orders in Council, dated respectively the
thirteenth day of March and the eighteenth day of
May, one thousand eight hundred and eighty-two;
and doth further, with the like advice and consent,
and in further pursuance and exercise of the said
powers and authorities, hereby give the notice and
make the rules and regulations hereinafter contained,
which notice and rules and regulations shall come
into force on the first day of December, one thou-
sand eight hundred and eighty-two.

1. All duties, fees, fines, and penalties under any
   Act or Ordinance whatsoever payable in any of the
   offices of the Courts hereinafter mentioned, that is to
   say, the Court of Appeal, the Supreme Court, Dis-
   trict Courts, and Resident Magistrates' Courts, or
   under any Act or Ordinance whatsoever, or to any
   officers thereof, or to any Justice or Justices of the
   Peace, or for or in respect of all or any proceedings
   or matters had or taken before any Justice or Justices
   of the Peace under any Act or Ordinance whatsoever,
   or in any of the Land Registry Offices and
   Deeds Registry Offices, or under any of the Acts
   hereinafter mentioned, that is to say, "The
   Sheriff's Act, 1858," "The Licensing Act, 1881,"
   "The Native Lands Frauds Prevention Act, 1881,"
   "The Companies Act, 1882," "The Building Societies
   Act, 1880," "The Industrial and Provident Societies
   Act, 1877," "The Aliens Act, 1880," "The Patents
   Act, 1870," and "The Trade Marks Act, 1866," shall
   be collected and paid by stamps of any kind issued
   by the Government of the colony, except those issued
   under "The Beer Duty Act, 1880."

2. The stamps for the duties, fees, fines, or penal-
   ties payable in respect of the several matters or pro-
   ceedings specified in the first column of the Schedule
   hereto shall be impressed upon or affixed to the
   documents specified opposite such matters or pro-
   ceedings in the second column of the said Schedule.

3. The stamps for every other duty, fee, fine, or
   penalty payable in stamps under these regulations
   shall be impressed upon or affixed to a short written
   or printed note or præcipe, stating that in respect of
   which such duty, fee, fine, or penalty is payable, and
   signed by or for the person by whom it is payable.

4. The stamps by which any such duty, fee, fine,
   or penalty is payable shall be brought to the officer

whose duty it is to receive the same uncancelled and
undefaced in any way; and such officer, before any-
thing is done or permitted to be done in respect of
that for which such duty, fee, fine or penalty is
payable, shall cancel such stamps by putting thereon
the impress of a seal to be supplied to him and autho-
rized for the purpose as in the one hundred and forty-
eighth section of "The Stamp Act, 1882," mentioned,
and also the date on which such seal is impressed:
Provided that, until such seal is supplied to him, he
may cancel the stamps by putting thereon his initials,
and the date of so doing.

5. Stamps for use under these regulations will, on
   application, be impressed at the head office on blank
   forms, and on paper not previously written upon.
   Requisitions for impressed stamps must be accom-
   panied by a receipt from the Bank of New Zealand
   for the amount of the requisition and the forms and
   papers required to be stamped, the desired position of
   the stamp upon which should be distinctly marked.

6. Adhesive and impressed stamps may be obtained
   from or through the Deputy-Commissioners of Stamps
   and the depositaries and licensed dealers throughout
   the colony.

7. Depositaries and licensed dealers are required
   to sell adhesive stamps on demand at all times during
   office hours, and the same must be paid for in cash
   at the time of application.

8. If it shall be made to appear to the Commis-
   sioner or a Deputy-Commissioner of Stamps, by the
   certificate of any Registrar of the Supreme Court,
   District Judge, Resident Magistrate, District Land
   Registrar, Registrar of Deeds, Frauds Commissioner,
   or Registrar or Assistant-Registrar of Joint-Stock
   Companies, Registrar of Building Societies, Registrar
   of Industrial and Provident Societies, Registrar of
   Patents, or by the Colonial Secretary in the case of
   fees payable under the Aliens Act or Trade Marks
   Act, that stamps in respect of which allowance is
   claimed have been used in payment of fees, and that
   the claimant is entitled to a refund of such fee or
   of any portion thereof, it shall be lawful for the Com-
   missioner or a Deputy-Commissioner to make such
   allowance without further evidence; and the same,
   subject to the usual deduction at the rate of £2 10s.
   per cent., shall be made by order on the Treasury,
   or by exchange at any time upon production of the
   certificate aforesaid.

9. The Commissioner or Deputy-Commissioner
   shall dispense with the surrender of any document
   to which such stamps are affixed if the said Registrar,
   or other officer or person mentioned in the preceding
   regulation, shall certify that such document is in his
   custody, and that it is necessary that the same should
   be retained as a record of his office: Provided that
   the same shall be produced to the Commissioner or
   Deputy-Commissioner, and the stamps thereon shall
   by him be cancelled by writing the words "Amount
   refunded" across the same, and adding his initials,
   with the date of so doing.

10. The reference in these regulations and in the
    Schedule hereto to any Act or Acts shall be deemed
    to include any Act or Acts now or hereafter to be
    passed in amendment thereof, and also any Act re-
    pealing the same and making fresh provisions in lieu
    thereof, and also any amendments of such last-men-
    tioned Act.

11. In all other respects the regulations issued
    under any Act for the time being in force relating to
    the allowance for spoiled stamps shall, in so far as
    they are applicable, apply to stamps used under these
    regulations.