Revised Laws of Saint Lucia (2021)

9.   Allowance for spoiled stamps

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   (1)   Subject to such regulations as the Governor General may make and subject to the production of such evidence, by statutory declaration or otherwise, as the Director of Finance and Planning may require, allowance may be made by the Director of Finance and Planning, at such rate of discount as the Governor General may by such regulations prescribe, for any stamps spoiled or misused in the following cases—

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      (a)     the stamp on any material inadvertently and undesignedly spoiled, obliterated or by any means rendered unfit for the purpose intended, before the material bears the signature of any person or before any instrument written thereon is executed by any person;

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      (b)     any adhesive stamp which has been inadvertently and undesignedly spoiled or rendered unfit for use and has not in the opinion of the Director of Finance and Planning been affixed to any material;

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      (c)     any adhesive stamp representing a fee capable of being collected by means of such stamp which has been affixed to material, if a certificate from the proper officer is produced to the effect that the stamp should be allowed;

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      (d)     the stamp on any bill of exchange signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his or her hands for any purpose other than by way of tender for acceptance;

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      (e)     the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his or her hands;

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      (f)     the stamp on any bill of exchange or promissory note which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been accepted or endorsed, or being a promissory note, may have been delivered to the payee, if another completed and duly stamped bill of exchange or promissory note is produced identical in every particular, except in the correction of the error or omission, with the spoiled bill or note;

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      (g)     the stamp used for any of the following instruments—

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         (i)     an instrument executed by any party thereto, but afterwards found to be absolutely void from the beginning,

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         (ii)     an instrument executed by any party thereto, but afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended,

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         (iii)     an instrument executed by any party thereto which has not been made use of for any purpose whatever, and which by reason of the inability or refusal of some necessary party to sign the same or to complete the transaction according to the instrument, is incomplete and insufficient for the purpose for which it was intended,

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         (iv)     an instrument executed by any party thereto, which by reason of the refusal of any person to act under the same, or for want of enrolment or registration within the time required by law, fails of the intended purpose or becomes void,

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         (v)     an instrument executed by any party thereto, which is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped, or which becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument duly stamped.

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   If the application for relief is made within 6 months after the stamp has been spoiled or become useless, or in the case of an executed instrument, after the date of the instrument, or if it is not dated, within 6 months after the execution thereof by the person by whom it was first or alone executed, or within such further time as the Director of Finance and Planning may specify in the case of any instrument sent out of Saint Lucia for execution, or when from unavoidable circumstances any instrument for which another has been substituted cannot be produced within the said period.

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   If in addition, in the case of an executed instrument no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence, and that the instrument is given up to be cancelled.

(Amended by Act 5 of 1978)

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   (2)   When any person has inadvertently used for an instrument liable to duty a stamp of greater value than was necessary, or has inadvertently used a stamp for an instrument not liable to any duty, the Director of Finance and Planning may, on application made within 6 months after the date of the instrument or, if it is not dated, within 6 months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if liable to duty, being stamped with the proper duty, cancel and allow as spoiled the stamp so misused.

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   (3)   In any case in which allowance is made for spoiled or misused stamps the Director of Finance and Planning may give in lieu thereof other stamps of the same denomination and value, subject to the prescribed discount as aforesaid, or if required, and he or she thinks proper, stamps of any other denomination to the same amount in value, subject to the said discount, or, in his or her discretion, the same value in money, subject to the said discount.

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   (4)   This section comes into force and has effect from and during such time as the Governor General shall declare by notice in the Gazette; and this section shall apply only to stamps first issued to the public after the date of the coming into force of this Act.

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   (5)   Statutory declarations made for the purposes of this section are not liable to stamp duty.