valid until all or by any officer entitled to receive any such fee until dues are paid the stamps under this section for the sum corresponding in by stamps. Proceedings not duly stamped to be void. amount with the amount of the fee so due or payable to the Crown as aforesaid, for, upon or in respect of such matter, instrument, or proceeding, and in lieu of such sum so due and payable to the Crown, shall have been attached to or impressed upon the same. 27-28 V., c. 5, s. 12. 1172. Every matter and proceeding whatever, upon which any fee is due or payable to the Crown and which is not so duly stamped shall, if not afterwards stamped under the provisions of this section, be absolutely void for all purposes whatsoever; and no instrument, requiring to be stamped, shall be Instruments issued, received, acted on or recognized by any officer subject to this section, or by any judge, person or court whatever, or avail in evidence, or otherwise for any purpose whatever, until all and every the stamps, requiring to be attached thereto or impressed thereon, have been duly so attached or impressed. 27-28 V., c. 5, s. 13; 43-44 V., c. 9, s. 10. of no effect unless stamp ed. Cases of search, &c., provided for. Nounstamped to be served. 1173. In all cases of search, examining and authenticating office copies of papers made by the attorney or advocate, and in all other cases when it has not been customary to use in reference to such search, examination, authentication, matter or thing, any written or printed document or paper whereon the stamp could be stamped or affixed, the party or his attorney or advocate, requiring such matter or thing so to be done, shall make application for the same by a short note or memorandum in writing, and stamps to the amount of the fee so payable shall be stamped on or affixed to such note or memorandum. 27-28 V., c. 5, s. 14; 49-50 V., c. 34, s. 1. 1174. No sheriff or other officer or person shall serve or process, &c., execute any writ, rule, order or proceeding, or the copy of any writ, rule, order or proceeding upon which any such fee or charge is due or payable, and which is not duly stamped under this section; and every such service and execution contrary to this section shall be void, and no recompense shall be allowed therefor. 27-28 V., c. 5, s. 15. Another 1175. No matter or proceeding, which may have been duly stamp requir- stamped for the purpose for which it may have been used, shall ed whenever be considered as stamped for any other purpose, in case another charge is due. fee or charge is due or payable thereon for any other or further use of the same matter or proceeding. 27-28 V., c. 5, s. 16. another Court to take of stamp, 1176. The court, in which any such matter or proceeding notice of want is, or is pending, which ought to be, but is not so duly stamped, though no ob- shall not, nor shall any judge of such court, take cognizance of any such matter or proceeding, although no exception be raised thereto by any of the parties, until such matter or proceeding has been first duly stamped. 27-28 V., c. 5, s. 17. jection is made. stamps to be 1177. Any party to any matter or proceeding in any court Court, &c., which ought to be, but is not so duly stamped, may by petition may allow apply to the court in which such matter or proceeding is pend- affixed on ing, or to any judge having jurisdiction in the case, or to the certain terms. prothonotary or clerk of such court, for leave to have the same duly stamped; and, in case this section has not been knowingly and wilfully violated, the application shall, on payment of costs, be granted for the duly stamping of such matter or proceeding with stamps of such amount, beyond the fee due thereon as may be thought reasonable, not exceeding ten times the amount of the stamp. 27-28 V., c. 5, s. 18; 43-44 V., c. 9, 8. 18. 1178. The affixing of such stamps, under any order Retroactive made for that purpose, shall have the same effect as if effect of order. the said matter or proceeding had been duly stamped in the first instance. 27-28 V., c. 5, s. 19. to the Crown 1179. All fees now payable, or hereafter at any time to Fees or dues become payable, are and shall be so at the following rates: all increased in such fees up to ten cents shall be made and paid at ten cents; certain cases. all from ten cents to twenty cents, at twenty cents; all from twenty cents to thirty cents, at thirty cents; and, so in like. manner, all other fees which are not multiples of ten cents, shall be stated and payable at the multiple of ten cents next above the sum at which they are so stated. 27-28 V., c. 5, s. 21. made. 1180. Each registrar shall keep a book in which he shall Registrar to enter briefly, day by day, and as they occur, a note of every randum of keep memosearch made in his office, stating the name of the person de- searches manding or making such search, and the duty paid for each, and whether or not he has granted a certificate of such search; and, opposite to every note of a search, whereof he shall not have given a certificate, he shall affix a stamp, for the duty payable for such search, if such duty be then payable by stamps; and each registrar shall state, in the returns which he is bound to make under section twenty-one of this chapter, the amount of the duties which he shall have received, during the period covered by each such return, for searches made in his office, as well as of the amount of the duties received by him, under the authority of this section. 43-44 V., c. 9, s. 7. § 4.-Stamps upon Registrations and Judicial Proceedings. documents registered. 1181. There shall be imposed, levied and collected, on each Duties imdeed, instrument or document, registered in any registry office, posed on and on every search made therein, the following duties: On every will, marriage contract, or donation ... ... 30 cents. On every deed or instrument effecting or evidencing the sale, exchange, hypothecation, or mortgage of real property, for a sum or consideration less in value than four hundred dollars.... 10 cents. If four hundred dollars and less than one thousand 30 cents. If one thousand dollars or over. 50 cents. On every other deed or instrument, registered, filed 20 cents. By whom duties are to how. Proviso. On every search, with or without certificate........ 10 cents. The said duties shall be paid by the party requiring such be paid and registration or search, and shall be payable in stamps, issued under the provisions of this section; but no fee or duty shall be paid or exigible for the deposit of any notice, list or other docuinent mentioned in articles 5843 and 5934 of these Revised Statutes, or for the deposit of any voters' list or other municipal document; and moreover no fee or duty shall be due or payable for the renewal of registration of deeds or instruments, on which a duty had already been paid at the time of their first registration. 43-44 V., c. 9, s. 8. Certificate of regisration or search, of no effect un less stamped. Duties upon 1182. No certificate of the registration of any deed, instrument or document, or of any search, on which deed, instrument, document or search, a duty, payable by stamps, is then imposed, shall be received in any court as evidence, or be of any effect whatever, until the proper stamp, for the payment of such duty, is attached to such certificate or impressed thereon, whether such certificate be written on such deed, instrument or document, or given separately; saving always the power, vested in the proper court, judge or officer, by article 1177 to allow stamps to be affixed on the application of any party. 43-44 V., c. 9, s. 6. 1183. There shall be imposed, levied and collected a duty writs of sum of ten cents on every writ of summons issued out of any county circuit court, magistrates' court, or commissioners' court in the Province. 43-44 V., c. 9, s. 9. mons in certain courts. Stamps to be cancelled. Officers 1184. Every officer, subject to this section, shall, on the issue or receipt of any such instrument, having any stamp attached thereto or impressed thereon, forthwith cancel every such stamp, by writing or impressing thereon, in ink, his name and the date of such cancellation, so as effectually to prevent its being used again, or shall cancel such stamp in any other manner that the Lieutenant-Governor may direct. 27-28 V., c. 5, s. 20; 43-44 V., c. 9, s. 11. 1185. Every officer, subject to this section, shall be deemed deemed to be to be, as such, a revenue officer, within the meaning of part first of this chapter. 43-44 V., c. 9, s. 12. revenue officers. § 5.-Payment of Fees due to Public Departments by means of Stamps. made in stamps. 1186. The Lieutenant-Governor may, from time to time, by Lieutenantorder in council, provide that, on and after such day as may may order Governor be therein named, and after at least one month's notice thereof, that certain given in the Quebec Official Gazette, any money payments payments be therein designated, which, under any act, order in council or other authority, are due or payable to, or through any public department or officer, by reason of any matter, subject to the control of this Legislature, be collected or paid by means of adhesive stamps or stamped paper; and, on and after the same day, all letters-patent, commissions, licenses, certificates and instruments whatever, whether originals, exemplifications, or copies, for or by reason of which such money payments are made, or which are in anywise connected therewith, or relative thereto, shall require to have stamps attached to or impressed upon them, or be written or printed upon stamped paper, as by such order is provided. 43-44 V., c. 9, s. 14. payments 1187. On and after the day so fixed, such notice having And such been duly given, the money payments, so indicated, shall or shall then be may be so collected or paid by means of adhesive stamps or made in stamped paper, as by such order is provided; and all letters- stamps. patent, commissions, licenses, certificates and instruments whatever, whether originals, exemplifications, or copies, for or by reason of which such money payments are made, or which are in any wise connected therewith or relative thereto, shall require to have such stamps attached to or impressed upon them, or be written or printed upon stamped paper, as by such order is provided. 43-44 V., c. 9 s. 15. amended or 1188. Any such order may, at any time thereafter, be Orders may be amended or repealed, by another order in council, notified in repealed. like manner, and for the like terin. 43-44 V., c. 9, s.16. §6.-Miscellaneous. any writ or 1189. Every person who shall knowingly issue, or shall Penalty for knowingly receive, procure or deliver, or who shall knowingly issuing, &c., serve or execute any writ, rule, order, matter or proceeding proceeding upon which any fee is due or payable to the Crown as afore- without hav ing it duly said, without the same being first duly stamped for the stamped, amount of the fee thereon payable, shall be subject, for the first offence, to a fine not exceeding ten dollars, for the second offence, to a fine not exceeding fifty dollars and for the third and every subsequent offence, to a fine of two hundred dollars, and, in default of payment of such fines, to an imprisonment, not exceeding one month for the first offence, three months for the second offence and one year for the third and any subsequent offence. 27-28 V., c. 5, s. 29. For not pro perly obliter ating stamps. Application of fines. for fines. 1190. Every person, who shall fail or omit to obliterate and cancel any stamp in the manner and at the time hereinbefore provided, shall be subject to a fine not exceeding twenty dollars, and, in default of payment thereof, to imprisonment for a period not exceeding two months. 27-28 V., c. 5, s. 30. 1191. All fines imposed by this section shall be paid to the Provincial Treasurer for the uses of the Province, and shall be recovered before any court having competent jurisdiction to the amount, at the instance of the AttorneyGeneral; and the production of any such writ, rule, order, Proof in suits matter or proceeding unstamped, or stamped for too low and insufficient a sum, or the stamp of which is not properly and sufficiently obliterated and cancelled, or the proof of any such writ, rule, order, matter or proceeding having been unstamped or not sufficiently stamped at the time it was so issued, or received, or served, or executed as aforesaid, or of the stamp not having been properly or sufficiently obliterated and cancelled, shall be sufficient primâ facie evidence of such writ, rule, order, matter or proceeding having been knowingly or wilfully so issued or received or served or executed without being or having been first stamped, or without the stamp having been properly and sufficiently obliterated and cancelled. 27-28 V., c. 5, s. 31. SECTION XIX. Certain officers shall de receipt. JUDICIAL AND OTHER DEPOSITS. 1192. Every clerk of appeals, prothonotary of the Superior posit sums of Court, clerk of the Circuit Court or of a district magistrates' $100 and over, court, who, in his official capacity, receives, himself or by his and produce deputy, as a judicial or other deposit, any sum of one hundred dollars or over, shall immediately deposit such sum to the credit of the Provincial Treasurer, in such bank or other monetary institution, as shall be indicated by the said Provincial Treasurer, and shall file in the record of the case or of the proceedings, in which he has received the said sum, the deposit receipt of such bank or other monetary institution. Sheriffs shall of $100 and Every sheriff, who, in his official capacity, either personally deposit sums or by his deputy, receives, either as the price of a judicial over, and prosale or otherwise, a sum of one hundred dollars or over, shall duce receipt. immediately deposit such sum to the credit of the Provincial Treasurer in such bank or other monetary institution, which shall be indicated by the said Provincial Treasurer, and shall, without delay, file in the office of the prothonotary or clerk the deposit receipt of the said bank or other monetary institution. Deposits of $100. As to sums less than one hundred dollars, received, as aforesums less than said, by the said officers, they shall be deposited in the manner aforesaid, as soon as they shall amount to an aggregate sum of one hundred dollars or over. |