Revenue, Friendly Societies, and National Debt Act, 1882

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REVENUE, FRIENDLY SOCIETIES, AND NATIONAL DEBT ACT 1882

CHAPTER LXXII.

An Act for amending the Laws relating to Customs and Inland Revenue, and Postage and other Stamps, and for making further provision respecting the National Debt and charges payable out of the public revenue or by the Commissioners for the Reduction of the National Debt; and for other purposes. [18th August 1882.]

Short title.

1. This Act may be cited as the Revenue, Friendly Societies, and National Debt Act, 1882.

PART I.

Customs and Excise.

Upon revocation of approval of a customs warehouse goods to be cleared or removed.

39 & 40 Vict. c. 36.

2. (1.) If the Commissioners of Customs shall for any reasonable cause at any time revoke an order approving a warehouse, the duties on all the warehoused goods therein shall be paid or the goods shall be exported or removed to another approved warehouse within such time, not less than three months, as the Commissioners shall direct. Notice in writing of revocation or of the directions of the Commissioners, addressed to the proprietor or occupier of the warehouse and left thereat, shall be deemed to be notice to all persons interested in the goods. Such notice shall be advertised not less than four times at intervals of not less than fifteen days previous to the expiry of the said term of three months.

(2.) If any goods shall not be duly cleared or removed in conformity with this section, such goods shall be taken to a Queen's warehouse by the officers of customs, and shall be liable to be sold for the same purposes and in the same manner as goods taken to the Queen's warehouse under section sixty-one of the Customs Consolidation Act, 1876.

Salaries and superannuation allowances to officers not subject to execution or attachment.

3. No salary or sum of money granted or allowed to any officer of customs or persons employed in the collection, receipt, or management of the customs revenue, and no sum of money allowed as or by way of compensation for past services or upon the superannuation or retirement of such officer or person, shall be subject or liable to be seized or taken under or by virtue of any process whatsoever before the same shall have been actually paid to or for the use of the officer or person to whom the same shall have been granted or allowed.

[S. 4 rep. 48 & 49 Vict. c. 51. s. 10.]

Amendment of section 9 of 43 & 44 Vict. c. 24.

5. The rent charged for the lodgings, unfurnished, of officers of Inland Revenue in charge of a distillery for which a licence is granted under sub-section two of section nine of the Spirits Act, 1880, must not exceed fifteen pounds a year in respect of each officer, unless the Commissioners of Inland Revenue, with the concurrence of the Commissioners of Works and the approval of the Treasury, shall agree for the payment of a higher rent.

Person charged with an offence against section 4 of 23 & 24 Vict. c. 90 may be convicted of an offence against section 7 of 33 & 34 Vict. c. 57.

6. If upon the hearing of an information exhibited against any person for recovery of the penalty imposed by the fourth section of the Game Licences Act, 1860, it shall be proved that such person used or carried a gun without having in force a proper licence under the Gun Licence Act, 1870, he shall not be entitled to be wholly acquitted by reason of a failure to prove an offence against the said section, but the Court before whom the said information is heard shall be at liberty to acquit him of the charge contained in the said information and convict him of an offence against the seventh section of the Gun Licence Act, 1870, and order him to pay the penalty thereby imposed.

Amendment of 43 & 44 Vict. c. 19. 43 Geo. 3. c. 161.

7. Notwithstanding anything contained in the Taxes Management Act, 1880, section sixty of the House Tax Act, 1803, shall be deemed to have continued in force since the time of the passing of the said Taxes Management Act, 1880, to the same extent to which it was in force at that time.

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PART II.

Stamps.

[S. 8–10 rep. 54 & 55 Vict. c. 39. s. 123.]

Returns by banking companies, subject to 25 & 26 Vict. c. 89., &c.

42 & 43 Vict. c. 11.

11. (1.) A banking company to which the provisions of the Companies Acts, 1862 to 1880, are applicable, having duly forwarded to the registrar of joint stock companies a list and summary as required by the second part of the Companies Act, 1862, and having added thereto a statement of the names of the several places where it carries on business, shall not, after the passing of this Act, be bound to furnish to the Commissioners of Inland Revenue any returns under the provisions of any of the enactments specified in the First Schedule to this Act.

(2.) The expressions “bank” and “bankers” in the Bankers Books Evidence Act, 1879, shall include any company carrying on the business of bankers to which the provisions of the Companies Act, 1862 to 1880, are applicable, and having duly furnished to the registrar of joint stock companies a list and summary with the addition specified by this Act, and the fact of such list and summary having been duly furnished may be proved in any legal proceedings by the certificate of the registrar or any assistant registrar for the time being of joint stock companies.

Power to Treasury to grant compensation for loss of fees under 44 & 45 Vict. c. 12, ss. 33, 34.

12. Where it shall be proved to the satisfaction of the Treasury that any officer of the Probate, Divorce, and Admiralty Division of the High Court in England or of the Probate and Matrimonial Division of the High Court in Ireland, or any commissary clerk or sheriff clerk in Scotland, has suffered any loss in consequence of the reduction by virtue of section thirty-three or section thirty-four of the Customs and Inland Revenue Act, 1881, of the amount of fees payable to him in the cases mentioned in such sections respectively, it shall be lawful for the Treasury to award to him out of moneys provided by Parliament such compensation whether by way of an annual sum or gratuity, as they may think reasonable.

[Ss. 13, 14, 17 rep. 54 & 55 Vict. c. 39 s. 123. S. 15 rep. 54 & 55 Vict. c. 38. s. 28. S. 16 rep. 46 & 47 Vict. c. 57. s. 113.]

PART III.

National Debt and Miscellaneous.

Adjustment of account as regards accumulations of fractions of a penny on the dividends of the National Debt.

18. [Recital.] The governor and company of the Bank of England shall from time to time, when required by the Treasury, certify to the Treasury the amount in their hands arising from fractions of a penny not paid on account of dividends on the national debt, and the Treasury may by warrant direct the said governor and company to repay the same to the Exchequer: Provided that so long as there is an account outstanding of money repaid into the Exchequer, as aforesaid, out of the sums issued for the payment of dividends, the same instead of being repaid shall be written off from the said account, and also from the account of the sums issued from the Exchequer for the payment of the said dividends, and such amount shall be written off as if it had never been issued from the Exchequer.

Quarterly payment of dividends on 2½ per cents.

33 & 34 Vict. c. 71.

19. The dividends payable in respect of the two pounds ten shillings per centum annuities mentioned in the first schedule to the National Debt Act, 1870, shall be paid quarterly, on the fifth day of January, the fifth day of April, the fifth day of July, and the fifth day of October in every year, and the said Act shall be construed accordingly; and references therein to a half year's dividend shall be construed to refer as regards the two pounds ten shillings per centum annuities to a quarter's dividend.

Regulations may be made under section thirty-nine of the said Act for carrying into effect such quarterly payments in the case of stock certificates, and for the return of old coupons and the issue of new coupons for that purpose.

[S. 20 rep. 61 & 62 Vict. c. 22 (S.L.R.)]

Guarantee from the Consolidated Fund of moneys due from the National Debt Commissioners to Friendly Societies.

Investment of moneys belonging to Friendly Societies.

21. [Recital.]

(1.) Wherever it appears to the Treasury from time to time that by reason of the securities held by the National Debt Commissioners on account of Friendly Societies being exhausted, the moneys in the hands of the National Debt Commissioners standing to the credit of the fund for Friendly Societies will be insufficient to meet the sums which are likely to become due from the National Debt Commissioners to Friendly Societies, the Treasury shall provide money to meet the deficiency out of the Consolidated Fund of the United Kingdom, or the growing produce thereof, in such manner as they may think expedient.

(2.) The Treasury may in any financial year borrow all or any part of the moneys issued in that financial year out of the Consolidated Fund, or the growing produce thereof, in pursuance of this Act, by means of a terminable annuity for such period not exceeding eighteen years from the thirty-first day of December next after the passing of this Act as the Treasury think expedient.

(3.) An annuity created in pursuance of this section shall be created by warrant of the Treasury to the Bank of England directing them to inscribe in their books the amount of such annuity in the names directed by the warrant.

(4.) Every such annuity shall be charged on the Consolidated Fund, and shall be added to and paid out of the permanent annual charge for the National Debt, and the permanent annual charge for the National Debt shall, during the period for which the said annuity is created, be increased by the amount of the annuity.

(5.) All money for the time being in the hands of the National Debt Commissioners on account of Friendly Societies shall be invested by them in the like manner as if they were moneys in their hands on account of savings banks, and all enactments relating to the investment of such last-mentioned moneys shall apply accordingly.

Advance of money by National Debt Commissioners for payment of commutation under 41 & 42 Vict. c. 63.

38 & 39 Vict. c. 45.

22. [Recital.]

(1.) The National Debt Commissioners may, on the request of the Treasury, advance out of any funds for the time being in their hands on account of savings banks any capital sum to be paid by the Treasury in pursuance of the Prison (Officers Superannuation) Act, 1878.

(2.) Any amount advanced by the National Debt Commissioners in pursuance of this section shall be repaid to them by means of a terminable annuity for a period of ten years, to be calculated with interest at the rate of not less than three and a half per cent. per annum, and such annuity shall be paid out of moneys provided by Parliament.

(3.) If at any time it appears desirable to the Treasury and to the said Commissioners that a portion of any such advance should be repaid immediately out of the Consolidated Fund, the Treasury may charge on and issue to the said Commissioners out of the Consolidated Fund or the growing produce thereof the said portion, and the annuity shall be reduced by an amount equivalent to the portion of the advance so repaid.

(4.) All capital sums paid to the Treasury by a local authority in pursuance of the Prison (Officers Superannuation) Act, 1878, shall be paid to the National Debt Commissioners and shall be applied by them in like manner as is directed with respect to the old sinking fund by section five of the Sinking Fund Act, 1875.

(5.) The amount of any annuity payable to the National Debt Commissioners in pursuance of this section, and the portion of any advance which is to be repaid immediately out of the Consolidated Fund to the National Debt Commissioners, and the amount by which any annuity is to be reduced in consequence of such repayment shall be certified under the hands of the Controller General or Assistant Controller and the Actuary of the National Debt Office.

Amendment of 36 & 37 Vict. c. 57. so far as regards permanent charges on the Consolidated Fund payable to ecclesiastical corporations.

32 & 33 Vict. c. 59.

23. [Recital.]

(1.) The Treasury may, in pursuance of the Consolidated Fund (Permanent Charges Redemption) Act, 1873, contract from time to time with the Ecclesiastical Commissioners for the redemption of all or any of the annuities redeemable under that Act which are payable to ecclesiastical corporations in England; and on payment of the money or transfer of the securities to the Ecclesiastical Commissioners in pursuance of any such contract, the annuities to which the contract refers shall cease to be charged on and payable out of the Consolidated Fund or moneys provided by Parliament, and shall be payable by the Ecclesiastical Commissioners, so however that any proportionate part of any such annuity which may be due up to the time of such payment or transfer shall be paid by the Treasury to the person entitled thereto.

(2.) The Treasury may from time to time borrow from the National Debt Commissioners, and those Commissioners may lend out of the funds in their hands on account of Trustee and Post Office Savings Banks, such capital sum or such Government securities as may be necessary for the purpose of carrying into effect any contract with the Ecclesiastical Commissioners under this section.

(3.) For the purpose of repaying any such loan the Treasury may by warrant under their hands create, and direct the Bank of England to inscribe in their books for the National Debt Commissioners, a terminable annuity for a period of ten years from the date of the loan, to be calculated with interest at the rate of not less than three and a half per cent. per annum.

(4.) Sections four, five, six, and seven of the Savings Bank Investment Act, 1869, shall apply to every such terminable annuity in like manner as they apply to the terminable annuities created in pursuance of that Act for the National Debt Commissioners.

Removal of doubts as to Crown rights to escheats, fines and recognisances within certain liberties of the Duchy of Lancaster.

18 & 19 Vict. c. 58.

24. [Recital.] Such rights of Her Majesty as are herein-after mentioned shall be deemed to have been vested in Her Majesty in right of Her Crown as from and after the first day of January, one thousand eight hundred and eighty-one.

Forthwith after the passing of this Act the Treasury shall cause a sum of fifteen thousand pounds to be paid out of the Consolidated Fund or out of the growing produce thereof to the Receiver General of the revenues of the Duchy of Lancaster, or his deputy or deputies, and such sum shall be applied in like manner as sums arising from the sale of any part of the possessions of the Duchy of Lancaster are applied under the Duchy of Lancaster Lands Act, 1855, and the provisions of that Act shall apply in like manner as if such sum were purchase money for land sold under the authority of that Act.

The rights of Her Majesty to which this section applies are:—

(a.) Any right vested in Her Majesty to any escheat or forfeiture of land lying within any liberty of the Duchy of Lancaster which is not situated in the county of Lancaster, not being an escheat or forfeiture of land holden of any manor vested in Her Majesty in right of Her Duchy of Lancaster;

(b.) Any right vested in Her Majesty to the personal estate of any person dying intestate and without next of kin who is domiciled within any such liberty;

(c.) Any right vested in Her Majesty to any sum arising from a fine imposed on or estreated recognisance acknowledged by any person residing within any such liberty.

Amendment of 40 & 41 Vict. c. 57. as to fees in proceedings under Land Judges, Ireland.

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Section eighty-four of the Supreme Court of Judicature (Ireland) Act, 1877, shall apply to all fees and percentages to be taken in any proceedings under the Landed Estates Court (Ireland) Act, 1858, and any Act amending the same, with this qualification that the Land Judges or one of them shall be substituted in the said section for the Presidents of the divisions of the High Court, or one of them.

Definitions.

26. In this Act, unless the context otherwise require:

The expression “financial year” means the twelve months ending on the thirty-first day of March.

FIRST SCHEDULE.

Sect. 11 .

Banking Acts.

[Second, Third, and Fourth Scheds. rep. 61 & 62 Vict. c. 22 (S.L.R.)]