purposes of this Act, and shall cause such adhesive stamps as may 33 VICTORIA, be required for the purposes of this Act to be made and sold. No. 355. butors of stamps. 7. The Minister shall and may from time to time appoint per- Minister to sons to be distributors of stamps under this Act, who shall sell such appoint distan of the said stamps as may be from time to time required, and shall who are to sell keep an account of the number denomination and amount thereof stamps. according as he shall receive and sell them: Provided the Minister may at any time revoke any appointment of a person to be a distributor under this Act. rules &c. 8. The Governor in Council may from time to time frame such Governor in rules as may appear to be necessary for carrying out this Act and Council to make for regulating the use of stamps under it, and particularly for pre- 28 & 29 Vict. scribing the application thereof to documents from time to time in c. 45 s. 3. use or required to be used for the purpose of such stamps, and for insuring the proper cancellation of adhesive stamps and keeping accounts of such stamps and for the issuing of stamps in exchange for spoiled stamps; and all such rules when published in the Government Gazette shall have the force of law, and they shall be laid before the Houses of Parliament forthwith if Parliament be sitting, and if not, then within twenty-one days after the commencement of the next session. case of stamps 9. The Minister on application to him by any person possessed Allowance in of any stamps rendered useless by being inadvertently spoiled may becoming useless. issue other stamps of the same or any other denomination amounting in the whole to the like value in exchange for such spoiled stamps, without any additional charge to the party making such application: Provided that such application shall be in accordance with rules to be made for that purpose. properly stamped 10. Any document which ought to bear a stamp under this Documents not Act shall not be of any validity unless and until it is properly to be invalid. stamped, but if any such document is through mistake or inadver- Ib. s. 4. tence received lodged filed or used without being properly stamped, or if it shall appear upon any such document being tendered in evidence or for any other purpose that the same through inadvertence has not been properly stamped a judge or justice of any court may if he thinks fit order that the same be stamped with stamps of such amount beyond the fee due thereupon as may be thought reasonable, not exceeding five times the amount of the stamp which should have been impressed or affixed thereon as in such order may be directed; and on such document being stamped accordingly the same and every proceeding relative thereto shall be as valid as if such document had been properly stamped in the first instance. stamp though no 11. Any document which ought to be but is not duly stamped Court to take under this Act shall not nor shall any judge or justice of any court notice of want of allow such document to be used although no exception be raised objection is thereunto until such document has been first duly stamped. made. cancelling ad 12. Every officer whose duty it may be to receive any fee or Mode of attachsum of money for any matter or thing to be done or performed, and ing stamps and for which payment is to be made by stamps, shall before doing or hesive stamps. performing such matter or thing see that there is attached to the document instrument matter or thing in respect whereof the fee or No. 355. 33 VICTORIA, Sum of money is payable a stamp of value not less than the fee or sum of money payable for the performance of such matter or thing; and when an adhesive stamp is used shall immediately cancel the same by writing or stamping or impressing in ink on the same his name or initials and the date thereof, so as effectually to obliterate and cancel the stamp and so as not to admit of its being used again. The Minister may license persons to deal in stamps. 3 & 4 Will. IV. c. 97 s. 1. to give bond. Condition thereof. 13. The Minister may by writing under his hand grant a license free of expense to any person whom he in his discretion shall think fit and proper for the purpose (not being a distributor of stamps appointed by the Minister) to vend and deal in stamps at Persons licensed any place or places in Victoria to be named in such license: Provided always that every person to whom any such license shall be granted shall enter into a bond to Her Majesty her heirs and successors in a penal sum of One hundred pounds conditioned that such licensed person shall not sell or offer for sale or exchange or keep, or have in his possession for the purpose of sale or exchange, any stamp other than such as he shall have purchased or procured at the office for stamps, or from some distributor of stamps duly appointed by the Minister, or from some person licensed to deal in stamps under the authority of this Act: Provided always that one license and one bond only shall be required for any number of persons in copartnership. And provided also that it shall be lawful for the Minister whenever he shall think fit, by notice in writing signed by him, to revoke and make void any such license as aforesaid. License may be revoked. 14. In every such license to vend and deal in stamps there shall be truly specified the proper christian name and surname and place of abode of the person to whom the same shall be granted, and a true description of the house or shop in or at which he shall by such license be authorized to vend or deal in stamps. And such person shall not be thereby authorized or entitled to vend or deal in stamps in or at any other house shop or place than such as shall be so specified and described in such license. Any such licensed person who may purchase at any one time stamps to the value of ten pounds shall be allowed thereon a commission of six pence in the pound, to be paid in stamps only. 15. No person other than such distributor of stamps as aforesaid shall vend or deal in stamps in Victoria without having obtained from the Minister a license for that purpose which shall be subsisting in force and unrevoked at the time of such vending or dealing. And if any person other than such distributor as aforesaid shall sell or offer for sale any stamp or any vellum parchment or paper stamped or marked with any stamp or mark denoting or purporting to denote any stamp, or shall exchange any such stamp or stamped vellum parchment or paper for any other stamp stamped vellum parchment or paper or for any article or thing, without having in force such license as aforesaid authorizing him in that behalf or in or at any house shop or place not specified and described in any such license as aforesaid granted to him, he shall for every such offence forfeit the sum of twenty pounds, and if any proceedings shall be had for recovery of such penalty of twenty pounds, and it shall thereupon appear that any stamp or stamps impressed on any such vellum parchment or paper which shall have been so No. 355. sold or exchanged or offered for sale or exchange was or were false 33 VICTORIA, forged or counterfeit, although the same shall not have been so alleged in the information or pleading, then and in such case the said penalty shall be doubled, and judgment shall be given against the offender for the sum of forty pounds, and the said special matter shall be stated in such judgment as the cause of such increase of penalty, and if on such proceeding any issue shall be tried by a jury in which selling or exchanging or offering for sale or exchange of such vellum parchment or paper with any stamp or stamps thereon shall be in question, such jury shall be required to say whether such stamp or stamps was or were false forged or counterfeit or not: Provided always that nothing herein contained Nothing herein shall extend to exempt any person from the legal consequences of to exempt perselling uttering or having in possession any vellum parchment or sequences of paper with any false forged or counterfeit stamp or stamps thereon stamps. knowing the same to be false forged or counterfeit, if such knowledge shall be duly proved in any criminal prosecution or proceeding against such person for any such offence: Provided also that it as to persons shall be lawful for any person employed to prepare write or engross write or engross any deed or instrument liable to stamp duty to charge his employer instruments with the amount of the stamp or stamps impressed thereon without duty. having obtained any such license as aforesaid to vend or deal in 3 & 4 Will. IV, stamps. sons from con uttering forged employed to liable to stamp c. 97 s. 4. in stamps to their houses or 16. Every person who shall be licensed under the authority of Licensed dealers this Act to deal in stamps shall cause to be painted in Roman paint their names capital letters, one inch at the least in height and of a proper and &c. in front of proportionate breadth, on some conspicuous place on the outside of shops. the front of the house or shop in or at which he shall be licensed to Ib. s. 5. deal in stamps, and so that the same shall be at all times plainly and distinctly visible and legible, the christian name and surname of such licensed person in full length, together with the words "Licensed to sell stamps"; and such person shall continue such names and words so painted as aforesaid during all the time that he shall continue licensed as aforesaid. And if any person licensed as Penalty. aforesaid shall neglect or omit to cause such names and words to be so painted as aforesaid, or shall neglect or omit to continue the name so painted according to the directions of this Act, he shall forfeit ten pounds for every such offence: Provided always in the Proviso as to case of several persons licensed as aforesaid in copartnership it shall partners. be sufficient if the christian name and surname of one only of such persons be painted in manner aforesaid. warrants to spect the stocks tributors and 17. If it shall be made to appear by information on oath or Justices emaffirmation before any justice of the peace that there is reasonable powered to grant cause to suspect that any person has in his custody or possession search and inany forged or counterfeit stamp, such justice may if he think fit of stamps of disgrant a warrant under his hand to authorize any constable or other licensed dealers. peace officer to enter into any dwelling house room shop warehouse Ib. 8. 9. outhouse or other building in which the same is suspected to be Power of entry. kept; and if on demand of admittance and notice of such warrant the door of any such dwelling house room shop warehouse outhouse or other building, or any inner door thereof, shall not be opened, then to break open the same respectively and to search for and to seize and take into his and their possession all such stamps as shall No. 355. 33 VICTORIA, be in any such place as aforesaid or elsewhere in the custody or possession of such person; and if any person shall refuse to permit any such search or seizure as aforesaid to be made, or shall assault oppose molest or obstruct any person employed in the execution or under the authority of any such warrant or aiding or assisting in the execution thereof, every such person so offending shall forfeit fifty pounds. Acknowledgment to be given for stamps seized. c. 97 s. 10. Licensed vendor paid the amount entitled to be of genuine stamps seized or to have them returned to him. 18. Any person who shall execute any such warrant shall if required give to the person in whose custody or possession any 3 & 4 Will. IV. stamps shall be found and seized an acknowledgment of the number particulars and amount of the stamps so seized, and shall permit such last mentioned person or any person employed by him to mark the same before the removal thereof; and if the person in whose custody or possession any stamps shall be so found and seized shall be or shall have been within the time aforesaid a licensed vendor of stamps he shall be entitled to claim and receive in money from the Minister the amount of such of the stamps so seized as shall be found to be genuine (deducting therefrom such percentage as is allowed by law on the purchase of stamps of the like description), and also to receive the amount of the vellum parchment or paper whereon the same shall be impressed according to the rates at which vellum parchment and paper of the like quality and description shall be sold by the Government or their distributors of stamps. Or if the Minister shall think fit, such of the said stamps so seized as shall be found to be genuine shall be returned to the person from whose custody or possession the same shall have been taken, with such reasonable amends as the Minister may think fit to award. Licensed vendors having counterfeit stamps in their possession liable to the penalties of vending forged stamps unless it be proved that they were pro distributor or Ib. s. 11. 19. Whenever any vellum parchment or paper shall be found in the possession of any person licensed to vend or deal in stamps or who shall have been so licensed at any time within six calendar months then next preceding, such vellum parchment or paper having thereon any false forged or counterfeit stamp mark or impression resembling or representing or intended or liable to pass or cured from some be mistaken for any stamp mark or impression of any die plate or licensed vendor. other instrument which at any time whatever hath been or shall or may be provided made or used by or under the direction of the Minister for the purpose of expressing or denoting any stamp duty whatever, then and in every such case the person in whose possession such vellum parchment or paper shall be so found shall be deemed and taken to have so had the same in his possession with intent to vend use or utter the same with such false forged or counterfeit stamp mark or impression thereon unless the contrary shall be satisfactorily proved, and such person shall also be deemed and taken to have such vellum parchment or paper so in his possession knowing the stamp mark or impression thereon to be false forged and counterfeit, and such person shall be liable to all penalties and punishments by law imposed or inflicted upon persons vending using uttering or having in possession false forged or counterfeit stamps knowing the same to be false forged or counterfeit unless such person shall in every such case satisfactorily prove that such stamp or stamps was or were procured by or for such person from some distributor of stamps appointed by the Minister or from some person licensed to deal in stamps under the authority of this 33 VICTORIA, Act. No. 355. censed persons importing that in stamps. 3 & 4 Will. IV. 20. If any person shall write paint or mark, or shall cause or Penalty on unliprocure to be written painted or marked, or shall permit or suffer to painting on their continue written painted or marked upon any part of his house shop shops any words or premises, either in the inside or on the outside thereof, or upon they are dealers any material whatever or upon any board or any material whatever exposed to public view, and whether the same shall or shall not be c. 97 s. 6. affixed to such house shop or premises, any word or words which shall import or signify or be intended to import or signify that such person is a vendor of or dealer in stamps, such person not being licensed to deal in stamps under the authority of this Act, and not being a distributor or sub-distributor of stamps duly appointed as aforesaid, he shall forfeit ten pounds for every day such offence shall be committed or continued. in the posses vendors dying or becoming insol vent or whose licenses are Ib. s. 8. 21. If any person licensed to vend or deal in stamps shall die Allowance to be or his estate shall be sequestrated as insolvent, or if the license of made for stamps any person to vend or deal in stamps shall expire or be revoked, and sion of licensed any such person at the time of his death or insolvency, or at the expiration or revocation of any such license as aforesaid, shall have in his possession any quantity of stamps stamped vellum parchment revoked. or paper, it shall be lawful for such person or his executor or administrator or assignee within three calendar months after the expiration or revocation of such license, or next after such death or insolvency as the case may be, to bring or send such stamps stamped vellum parchment or paper to the office of the Minister at Melbourne, and it shall be lawful for the Minister or any distributor of stamps duly authorized on that behalf to receive the same and to pay to the person bringing or sending the same the value of the stamps or the amount of the stamp thereon, deducting therefrom such percentage as is allowed by law on the purchase of stamps of the like description, and also to pay the amount of the value of such vellum parchment and paper according to the rates at which vellum parchment and paper of the like quality and description shall be sold by the Government, and thereupon such stamps shall be immediately cancelled: Provided always that the person who shall bring or send such stamped vellum parchment or paper to the said office shall make proof to the satisfaction of the Minister or authorized officer that such vellum parchment or paper was actually in the possession of the person so dying or becoming insolvent, or having had such license which had so expired or had been so revoked for the purpose of sale at the time when such person so died or became insolvent, or when the said license expired or was revoked, and shall also make proof in like manner that such stamps or stamped vellum parchment or paper,. or the stamps impressed thereon, was or were purchased or procured by the person to whom such license shall have been granted at the office for stamps or from some such distributor of stamps or person licensed to deal in stamps as aforesaid. fraudulently re 22. If any person shall fraudulently remove or cause to be Penalty for removed from any document any adhesive stamp fixed thereon, or moving stamps. affix a stamp so removed to any other document or paper, or shall practise or be concerned in any fraudulent act contrivance or device |