ACT of the Legislature of Newfoundland, respecting the Extradition of Fugitive Criminals from that Colony. [Cap. 11.] [Passed July 19, 1899.] BE it enacted by the Governor, the Legislative Council, and the House of Assembly, in Legislative Session convened, as follows: 1. A warrant for the apprehension of a fugitive criminal to whom the Acts of the Imperial Parliament, entitled "The Extradition Acts, 1870 and 1873,"* apply, whether accused or convicted of crime, who is in, or suspected of being in, this Colony, may be issued (1.) By a Stipendiary Magistrate resident and having jurisdiction in St. John's, on the receipt of an order from the Governor, and on such evidence as would, in his opinion, justify the issue of the warrant if the crime had been committed or the criminal convicted in this Colony; and (2.) By a Stipendiary Magistrate or any Justice of the Peace in any part of this Colony on such information or complaint, and such evidence, or after such proceedings as would, in the opinion of the person issuing the warrant, justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of this Colony or its dependencies in which he exercises jurisdiction. Any person issuing a warrant under this section without an order from the Governor shall forthwith send a report of the fact of such issue, together with the evidence and information or complaint, or certified copies thereof, to the Governor, who may, if he think fit, order the warrant to be cancelled and the person who has been apprehended on the warrant to be discharged. A fugitive criminal, when apprehended on a warrant issued without the order of the Governor, shall be brought before some person having power to issue a warrant under this section, who shall by warrant order him to be brought, and the prisoner shall accordingly be brought, before a Stipendiary Magistrate resident and having jurisdiction in St. John's. A fugitive criminal apprehended on a warrant issued without an order of the Governor shall be discharged by the said Stipendiary Magistrate, unless the Stipendiary Magistrate, within such reasonable time as with reference to the circumstances of the case he may fix, receives from the Governor an order signifying that a requisition has been made for the surrender of such criminal. 2. All powers vested in or acts authorized or required to be done under the Acts of the Imperial Parliament, entitled "The Extradition Acts, 1870 and 1873," by the Police Magistrate in relation to * Vol. LX, page 145; and Vol. LXIII, page 39 . the surrender of a fugitive criminal, may be done by a Stipendiary Magistrate resident and having jurisdiction in St. John's. 3. Any fugitive criminal who may be committed by the Stipendiary Magistrate shall be committed to the Penitentiary. 4. This Act shall be construed as one with the Acts of the Imperial Parliament entitled "The Extradition Acts, 1870 and 1873," and shall be read as part and parcel thereof. 5. This Act shall not come into force until the assent of Her Majesty shall have been signified thereto. ACT of the British Parliament, to grant certain Duties of Customs and Inland Revenue, to alter other Duties, and to amend the Law relating to Customs and Inland Revenue, and to make other provision for the Financial Arrangements of the Year. [62 & 63 Vict., c. 9.] Most Gracious Sovereign, [June 20, 1899.] WE, your Majesty's most dutiful and loyal subjects the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary supplies to defray your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech your Majesty that it may be enacted, and be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART I.-Customs. 1. The duty of customs now payable on tea shall continue to be charged, levied, and paid, on and after the 1st day of August, 1899 until the 1st day of August, 1900, on the importation thereof into Great Britain or Ireland (that is to say): Tea, the pound 4d. 2. In lieu of the duties of customs payable on wine imported into Great Britain or Ireland there shall as from the 14th day of April, 1899, be charged, levied, and paid the duties following (that is to say): Wine s. d. 1 3 3 0 0 3 1 0 Not exceeding 30 degrees of proof spirit, the gallon In this section The word "wine" includes lees of wine; The word "degree" does not include a fraction of the next higher degree. 3. In addition to the duties of customs payable on spirits imported into Great Britain or Ireland, there shall, as from the 13th day of May, 1899, be charged, levied, and paid, the following (that is to say): Spirits in bottle, enumerated and tested, and sweetened s. d. 1 0 .. 1 0 PART II.-Stamps. 4.-(1.) There shall be charged on every marketable security made or issued by or on behalf of any foreign State or Government, or foreign or colonial municipal body, corporation, or company, being a security transferable by delivery, which (a.) Is after the 1st day of August, 1899, assigned, transferred, or in any manner negotiated in the United Kingdom; and (b.) Is not, under the law existing at the passing of this Act, chargeable with stamp duty as a marketable security transferable by delivery; And on every share warrant or stock certificate to bearer by means of which any share or stock of any company or body of persons formed or established out of the United Kingdom is, after the 1st day of August, 1899, assigned, transferred, or in any manner negotiated in the United Kingdom, a stamp duty of 1s. for every 107., and also for any fractional part of 107. in the case of a marketable security of the money thereby secured, and in the case of a share warrant or stock certificate of the nominal value of the share or stock to which the warrant or certificate relates. (2.) There shall be charged on every instrument to bearer, not being a share warrant or stock certificate to bearer charged under the foregoing provision, by means of which any share or stock of any company or body of persons formed or established out of the United Kingdom is, after the 1st day of August, 1899, assigned, transferred, or in any manner negotiated, in the United Kingdom, a stamp duty of 3d. for every 25l., and also for every fractional part of 251. of the nominal value of the share or stock. (3.) Every person who, in the United Kingdom, assigns, transfers, or in any manner negotiates, or is concerned as broker or agent in assigning, transferring, or in any manner negotiating, any instrument which is chargeable with duty under this section, and is not duly stamped, or any share or stock by means of such an instrument, shall incur a fine of 207., and the amount of the duty shall be a debt due from any such person to Her Majesty. (4.) For the purposes of this section (a.) The expression "share warrant to bearer" includes any instrument by whatever name called, having the like effect as a share warrant issued under the provisions of "The Companies Act, 1867"; and (b.) The expression "stock certificate to bearer" includes any instrument, by whatever name called, having the like effect as a ● stock certificate to bearer. 5.-(1.) The stamp duty charged under "The Stamp Act, 1891," on share warrants issued under the provisions of "The Companies Act, 1867," shall extend to any instrument to bearer issued by or on behalf of any company or body of persons formed or established in the United Kingdom, and having a like effect as such a share warrant; and the stamp duty charged on stock certificates to bearer as defined by "The Stamp Act, 1891," shall extend to any instrument to bearer issued by or on behalf of any company or body of persons formed or established in the United Kingdom, and having a like effect as such a stock certificate to bearer. (2.) Section 107 of "The Stamp Act, 1891" (which relates to the penalty for issuing share warrants not duly stamped), shall apply to any instrument chargeable with stamp duty under this. section as a share warrant or stock certificate to bearer, in the same manner as it applies to the share warrants named in that section; and section 109 of "The Stamp Act, 1891" (which relates to the penalty for issuing stock certificates unstamped), shall apply to any instrument chargeable with stamp duty under this section as a stock certificate to bearer in the same manner as it applies to the stock certificates to bearer named in that section, and as if "company or body of persons" were mentioned in sub-section (1) of that section as well as "local authority." 6. For the purposes of this Part of this Act, an instrument used for the purpose of assigning, transferring, or in any manner negotiating the right to any marketable security, share, or stock shall, if delivery thereof is by usage treated as sufficient for the purpose of a sale on the market, whether that delivery constitutes a legal assignment, transfer, or negotiation or not, be deemed a marketable security transferable by delivery, or an instrument to bearer, as the case may be, and the delivery thereof an assignment, transfer, or negotiation. 7. Five shillings shall be substituted for two shillings as the ad valorem stamp duty imposed by sections 112 and 113 of "The Stamp Act, 1891," as extended by section 12 of "The Finance Act, 1896,"* on the statements with regard to the capital of companies referred to in those sections. 8.-(1.) Where any local authority, corporation, company, or body of persons, formed or established in the United Kingdom, propose to issue any loan capital, they shall, before the issue thereof, deliver to the Commissioners a statement of the amount proposed to be secured by the issue. (2.) Subject to the provisions of this section every such statement shall be charged with an ad valorem stamp duty of 2s. 6d. for ⚫ every 100l. and any fraction of 1007. over any multiple of 1004. of the amount proposed to be secured by the issue, and the amount of the duty shall be a debt due to Her Majesty. (3.) The duty under this section shall not be charged to the extent to which it is shown to the satisfaction of the Commissioners that the stamp duty payable in respect of a mortgage or marketable security has been paid on any trust deed or other document securing the loan capital proposed to be issued. (4.) If any local authority, corporation, company, or body of persons neglect to deliver a statement, or fail to pay the duty in compliance with this section, that local authority, corporation, company, or body of persons, shall be liable to pay to Her Majesty, in addition to the duty, a sum equal to 10 per cent. upon the amount of the duty, and a like sum for every month after the first month during which the neglect or failure continues. (5.) In this section the expression "loan capital" means any debenture stock, county stock, corporation stock, municipal stock, or funded debt, by whatever name known, or any capital raised by any local authority, corporation, company, or body of persons formed or established in the United Kingdom, which is borrowed, or has the character of borrowed money, whether it is in the form of stock or in any other form; but does not include any county council or municipal corporation bills repayable not later than twelve months from their date, or any overdraft at the bank or other loan raised * Vol. LXXXVIII, page 153. |