USA > New York > Chautauqua County > Gazetteer and business directory of Chautauqua County, N.Y., for 1873-4 > Part 5
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25
Broker'snotes. (See Contract.)
Certificates of measurement or weight of animals, wood, coal or hay. exempt. 5
Certificates of measurement of oth- er articles,
Certificate- of stock in any incor- porated company, 25
Certificates of profits, or any certi- frate or memorandmin showing an interest in the property Oracenmulations of any incor- porated company : If for a enm not less than $10 and not ex- ceding $5,
Exceeding 850 and not exceed- ing $1.000. 25
Excerding $1.000, for every ad- ational £1.000 or fractional Fort Thereof. Certificate. Any certificate of dam- Por otherwise, and all other Certificates or documents is- sued by any port warden, ma-
95
Conveyance, deed. instrument or writing, whereby any land -. tenements, or other realty sokl shall be granted, assigned, transferred, or otherwise con- Vered to or vested in the pur- chaser or purchasers, or any other person or persons, by his, her or their direction, when the consideration or value does not exceed $500,
5
Contract. (See Agreement.) Contract, renewal of, same stamp as original instrument.
10
Bill or memorandum of the sale or contract for the sale of stocks, bonds. gold or silver bullion, coin, promissory notes, or other securities, not his or their own property, made by any person, firm, or company not paying a special tax as bro- ker, bank or banker : For each hundred dollars, or fractional part thereof, of the amount of such sale or contract.
1
the snm made payable shall not ercerd glu or the equivalent thereof in any foreign currency And for every additional $100, or fractional part thereof in excess of 10).
2
Bill of lading or receipt (other than charter party) for any goods, merchandise, or effects to be exported from a port or place in the United States to any for- cigni port or place,
10
Bill of lading. domestic or inland, Bill of sale by which any ship or vessel. or any part thereof, shall be conveyed to or vested in any other person or persons :
Exceeding 300 tons, and not ex- ceeding 600 tons,
5 00
Check. Bank check,
Contract. Broker's note, or mem. orandum of sale of any goods or merchandise, exchange, real estate, or property of any kind or description issued by brok- ers or persons acting as such : For each note or memorandum of sale.
Bill or memorandum of the sale or contract for the sale of stocks, bonds, gold or silver bullion,coin, promissory notes, or other securities made by brokers, banks, or bankers, either for the benefit of others or on their own account : For each hundred dollars, or frac- tional part thereof. of the amount of such sale or con- tract,
10
30
36
STAMP DUTIES.
Stamp Duty.
When the consideration exceeds 8500, and not to exceed $1,000, And for every additional $500, or fractional part thereof, in ex- cess of $1,00},
1 00
exempt.
Write or other process on ap- peals from justice courts or other courts of inferior juris- diction to a court of record. exempt. exempt.
Warrant of distress.
Letters of administration. (See Probate of will.)
Letters testamentary, when the value of the estate and effects, real and personal, does not es- ceed $1,000. Exempt.
Exceeding $1,000,
5
Letters of credit. Same as bill of exchange, (foreigu.)
Manifest for custom-house entry or clearance of the cargo of any ship, vessel, or steamer, for a foreign port :
If the registered tonnage of such ship, vessel, or steamer does not exceed 300 tous, 1 00
Exceeding 300 tous, and not ex- ceeding 600 tons,
3 00 5 00
Entry of any goods, wares or mer- chandise at any custom-house, either for consumption or ware- housing: Not exceeding 8100 in valne, 25
Exceeding $100. and not exceed- ing $500 in value, 50
Exceeding $500 in valne, 1 00
Eutry for the withdrawal of any goods or merchandise from bonded warehouse, 50 Gauger's returns, exempt.
Indorsement upon a stamped obli- gation in acknowledgment of its fulfillment, exempt.
Insurance (life) policy : When the amount insured shall not ex- ceed $1,000. 25
Exceeding $1,000, and not ex- ceeding $3,000. 50 1 00
Exceeding $5.000, :
Insurance (marine, inland, and fre,) policies, or renewal of the same : If the premium does not exeved 810,
10
Exceeding $10, and not exceed ing $50, 23
Exceeding 850. 50
Insurance contract? or tickets azinet accidental injuries to persons, exempt.
Lease, agreement, memorandum, or contract for the hire, use, or rent of any land, tenement, or portion thereof: Where the rent or rental value is $300 per annum or less, 5)
Where the rent or rental value exceeds the sum of $300 per- amnum, for each additional $200, or fractional part thereof in excess of $300, 50
Lead document : Writ, or other original process, by which any suit, either crim- inal or civil. is commenced in any court, either of law or equi- ty,
exempt.
Stamp Duty. Confession of judgment or cog- novit,
50
Conveyance. The acknowledg- ment of a deed, or proof by a witness,
exempt.
exempt.
Conveyance. Certificate of record of a deed, Credit, letter of. Same as foreign bill of exchange. Custom-house entry. (See Entry.) Custom-house withdrawals. (See Entry.)
Deed. (See Conveyance Trust deed.) Draft. payable at sight or on de- mand,
2
Draft. payable otherwise than at sight or on demand, for any sum not exceeding 100, 5 For every additional $100 or frac- tional part thereof in excess of $100. 5
Endorsement of any negotiable in- Strument, exempt.
Exceeding 600 tous,
[These provisions do not ap- ply to vessels or steamboats plying between ports of the United States and British North America.]
Measurers' returns, exempt. Memorandum of sale, or broker's note. (Sec Contract.)
Mortgage of lauds, estate, or pro- perty, real or personal, herita . ble or movable. whatsoever, a trust deed in the nature of a mortgage, or any personal bond given as security for the pay- ment of any definite or certain sum of money ; exceeding $100, and not exceeding 8500, 50
Exceeding $500, and not exceed- ing $1,000, 1 00
And for every additional $500, or fractional part thereof, in ex- cess of $1,000. 50
Order for payment of money, if the amount is $10, or over. 2 Passage ticket on any vessel from a port in the United States to a foreign port, not exceeding $35, 50 Exceeding $35, and not exceed- ing $50, 1 00 And for every additonal $50, or fractional part thereof, in ex- cess of $50, 1 00
Passage tickets to porte in Brit- ish North America, exempt. Pawner's checks, 5
Power of attorney for the sale or transfer of any stock, bonds or scrip, or for the collection of any dividends or interest there- on, 25
Power of attorney. or proxy, for voting at any election for ofi- cers of any incorporated com- pany or society, except reli- gious, charitable, or literary societies, or public cemeteries, 10 Power of attorney to receive or col- lect rent, 25
---------
STAMP DUTIES.
37 1
Stamp Duty.
Power of attorney to sell and con- vey real estate, or to rent or lease the same, Power of attorney for any other purpose,
1 00 50
Probate of will, or letters of admin - istration ; where the estate and effects for orin respect of which such probate or letters of ad- ministration applied for shall be sworn or declared not to ex- ceed the value of $1.000, exempt. Exceeding $1,000, and not ex- ceeding $2,000, 1 00
Exceeding $2,000, for every ad- d.tional $1,000, or fractional part thereof, in excess of $2,.00, 50
Promissory note. For any sum less than $100, exempt.
For st, and for each additional $100 or fractional part thereof, 5 Deposit note to mutual insurance companies, when policy is sub- ject to duty, exempt.
Renewal of a note, subject to the same duty as an original note. Protest of note, bill of exchange, acceptance, check, or draft, or any marine protest, 25
Quit-claim deed to be stamped as a conveyance, except when giv- en as a release of a mortgage by the mortgagee to the mort- gazor, in which case it is ex- empt; but if it contains cove- nants may be subject as an agreement or contract.
Receipts for satisfaction of any mortgage or judgment or de- cree of any court, exempt.
Receipts for any sum of money or debt due, or for a draft or oth- er instrument given for the payment of money, exempt. Receipts for the delivery of pro- perty. exempt.
Renewal of agreement, contract or charter. by letter or otherwise, same stamp as original instru- ment.
Sheriff's return on writ or other process. exempt. Trust deed, made to secure a debt, to be stamped as a mortgage. Warehouse receipts, exempt.
Warrant of attorney accompany- ing a bond or note, if the bond or note is stamped,
exempt. exempt.
Weicher's returns,
Official documents, instruments, and papers issued by officers of the United States Govern- inent. exempt.
Official instruments, documents, and papers issued by the offi- cers ofany State, county, town, orother municipal corporation, In the exercise of functions w'rirty belonging to them in their . linary governmentalos municipal capacity,
exempt. Papers necessary to be used for
Stamp Duty. the collection from the United States Government of claims by soldiers, or their legal rep- resentatives, for pensions, back pay, bounty, or for prop- erty lost in the service, exempt.
NOTE .- The last Congress passed an act, " That on and after the first day of October, 1870, the stamp tax imposed in Schedule B, on promissory notes for a less sum than one hundred dollars, and on receipts for any sum of money, or for the payment of any debt, and the stamp tax imposed in Schedule C, on canned and preserved fish, he, and the same are hereby repealed. And no stamp shall be required upon the trausfer or assignment of a mortgage, where it or the instrument it secnres has been once duly stamped."
CANCELLATION.
In all cases where an adhesire stamp is used for denoting the stamp duty upon an instrument, the person using or affixing the same must write or imprint thereupon in ink the initials of his name, and the date (the year, month, and day) on which the same is attached or used. Each stamp should be separately cancelled. When stamps are printed upon checks, &c., so that in filling up the instrument, the face of the stamp is and must necessarily be writ- ten across, no other cancellation will be re- quired.
All cancellation must be distinct and legi- ble, and except in the case of proprietary stamps from private dies, no method of cancellation which differs from that above described can be recognized as legal and sufficient.
PENALTIES.
A penalty of fifty dollars is imposed upon every person who makes, signs, or issues, or who causes to be made, signed, or issu- ed, any paper of any kind or description whatever, or who accepts, negotiates, or pays, or causes to be accepted, negotiated, or paid, any bill of exchange, draft, or or- der, or promissory note, for the payment of money, without the same being duly stamp- ed, or having thereupon an adhesive stamp for denoting the tax chargeable thereon, cancelled in the manner required by law, with intent to evade the provisions of the revenne act.
A penalty of two hundred dollars is im- posed upon every person who pays, nego- tiates, or offers in payment, or receives or takes in payment, any bill of exchange or order for the payment of any sum of money drawn or purporting to be drawn in a for- eign country, but payable in the United States. until the proper stamp has been af- fixed thereto.
A penalty of fifty dollars is imposed upon every person who frauduleutly makes use of an adhesive stamp to denote the duty re- quired by the revenue act, without effectu- ally cancelling and obliterating the same in the manner required by law.
-
38
STAMP DUTIES.
Attention is particularly called to the fol- [ far as said tax is concerned, October 1, 1862. lowing extract from section 135, of the act of June 30, 1864, as amended by the act of July 13, 1806 :
"If any person shall wilfully remove or cause to be removed, alter or causc to be al- tered, the cancelling or defacing marks on any adhesive stamp, with intent to use the same, or to cause the use of the same, after it shall have been used once, or shall know- ingly or wilfully sell or buy ench washed or restored stamps, or offer the same for gale, or give or expose the same to any per- son for use, or knowingly usc the same or prepare the same with intent for the fur- ther use thereof, or if any person shall knowingly and without lawful excuse (the proof whereof shall lie on the person accus- ed) have in his possession any washed, re- stored, or altered stamps, which have been removed from any vellum, parchment, pa- per, instrument or writing ; then, and in every such case, every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting in committing any such offence as aforesaid, shall. on con- viction thereof, * * *
* be punished by a finc not exceeding one thousand dollars, or by imprisonment and confinement to hard labor not exceeding five years, or both, at the discretion of the court."
It is not lawful to record any instrument, document, or paper required by law to be stamped, or any copy thereof, unless a stamp or stamps of the proper aniount have been affixed and cancelled in the manner required by law ; and such instrument or copy and the record thereof are utterly null and void, and cannot be used or admitted as evidence in any court until the defect has been cured as provided in section 158.
All willful violations of the law should be reported to the United States District Attor- ney within and for the district where they are committed.
GENERAL REMARKS.
Revenne stamps may be used indiscrimi- nately upon any of the matters or things enumerated in Schedule B. except proprie- tary and playing card stamps, for which & special use has been provided.
Postage stamps cannot be used in pay- ment of the duty chargeable on instru- ments.
The law does not designate which of the parties to an instrument -hall furnish the necessary stamp, nor does the Commission- er of Internal Revenue assume to determine that it shall be supplied by one party rather than by another ; but if an instrument sub- ject to stamp duty is issued without having the necessary stamps affixed thereto, it can- not be recorded, or admitted, or used in ev- idenec, in any court, until a legal stamp or stamps, denoting the amount of tax, shall have been affixed as prescribed by law. and the person who thus issues it is liable to a penalty, if he omit- the stamps with an in- teut to evade the provisions of the internal Tev mue act.
The first act imposing a stamp tax noon certain specified instruments took effect, so
The impression which seems to prevail to some extent, that no stamps are required upon any instruments issued in the States lately in insurrection, prior to the surren- der, or prior to the establishment of collcc- tion districts there, is erroneous.
Instruments issued in those States since October 1, 1562. are subject to the same tax. es as similar ones issned at the same time in the other States.
Nostamp is necessary upon an instrument executed prior to October 1, 1862, to make it admissible in evidence, or to entitle it to record.
Certificates of loan in which there shall appear any written or printed evidence of an amount of money to be paid on demand, or at a time designated, are subject to stamp duty as "promissory notes."
When two or more persons join in the ex- ecution of an instrument. the stamp to which the instrument is liable under the law. may be affixed and cancelled by either of them ; and "when more than one signature is afix- ed to the same paper, one or more stamps may be affixed thereto, representing the whole amount of the stamp required for such signatures."
No stamp is required on any warrant of attorney accompanying a bond or note. when such bond or note has affixed thereto the stamp or stamps denoting the duty re- quired ; and, whenever any bond or note is secured by mortgage, but one stamp duty is required on such papers-such stamp duty being the highest rate required for such in- struments, or either of them. In such case a note or memorandum of the value or de- nomination of the stamp affixed should be made upon the margin or in the acknowl- edgement of the instrument which is not stamped.
Particular attention is called to the change in ecction 154, by striking out the words "or nsed ;" the exemption thereun- der is thus restricted to documents, &c., issued by the officers therein named. Also to the changes in sections 152 and 158, by inserting the words "and cancelled in the manner required by law."
The acceptor or acceptors of any bill of exchange, or order for the payment of any sum of money, drawn or purporting to be drawn in any foreign country, but payable in the United States, must, before paying or accepting the same, place thereupon a stamp indicating the duty.
It is only upon conveyances of realty sold that conveyance stamps are necessary. A deed of real estate made without valuable consideration need not be stamped as a conveyance ; but if it contains covenants. snch, for instance, asa covenant to warrant and defend the title, it should be stamped as an agreement or contract.
When a deed purporting to be a convey- ance of realty sold, and stamped according- ly, is inoperative, a deed of confirmation, made simply to cure the defect, requires no stamp. In such case, the recomi deed should contain a reiftal of the facts, and should show the reasons for its execution. Partition deeds between tenants in com
-
39
STAMP DUTIES.
mon, need not be stamped as conveyances, | upon which to make rateable assessments to ina-much as there is no sale of realty, but meet the losses incurred by the company, should not be reckoned as premium in de- termining the amount of stamp taxes upon the policies. merely a marking out, or a defining, of the boundaries of the part belonging to each : hn: where money or other valuable consid- « ation is paid by one co-tenant to another for egnality of partition, there is a sale to the extent of such consideration, and the conveyance, by the party receiving it, should be stamped according!v.
A conveyance of lands sold for unpaid taxes, issned since August 1, 1866, by the officers of any county, town, or other mu- nicipal corporation in the discharge of their strictly official duties, is exempt from -tamp tax.
A conveyance of realty sold. subject to a mortgage. should be stamped according to the consideration, or the value of the prop- erty unencumbered. The consideration in such case is to be found by adding the amount paid for the equity of redemption to the mortgage debt. The fact that one part of the consideration is paid to the mortgagor and the other part to the mort- gagee does not change the liability of the conveyance.
The stamp tax npon a mortgage is based upon the amount it is given to secure. The fact that the value of the property mortgag- ed is less than that amount, and that conse- quently the security is only partial, does not change the :iability of the instrument. When, therefore, a second mortgage is giv- el to secure the payment of a sum of mon- ey partially secured by a prior mortgage up- on other property, or when two mortgages upon separate property are given at the same time to secure the payment of the sanie sum, each should be stamped as though it were the only one.
A mortgage given to secure a gurety from loss, or given for any purpose' whatever, other than as security for the payment of a definite and certain sum of money, is taxa- able only as an agreement or contract.
The stamp duty upon a lease, agreement, memorandum, or contract for the hire, use, or rent of any land. tenement. or portion thereof. is based upon the annual rent or rental value of the property leased, and the duty is the same whether the lease be for one year, for a term of years, or for the fractional part of a year only.
An assignment of a lease within the mean- ing and intent of Schedule B, is an assign- ment of the leveehold, or of some portion thereof, by the lesite, or by some person chiming by, from, or under him ; such an assignment as subrogates the assignee to the rights, or some portion of the rights. of- the lessee, or of the person standing in his place. A transfer by the lessor of his part of a lease, neither giving nor purporting to give a claim to the leasehold, or to any part thereof, but simply a right to the rent-, &c., is subject to stamp tax as a contract or agreement only.
When a policy of insurance properly stamped has been issued and lost, no stamp is necessary npon another issued by the same company to the same party, covering the same property, time, &c., and designed simply to supply the loss. The second policy should recite the loss of the first.
An instrument which operates as the re- newal of a policy of insurance, is subject to the same stamp tax as the policy.
When a policy of insurance is issued for a certain time, whether it be for one year only or for a term of years, a receipt for premium, or any other instrument which has the legal effect to continue the contract and extend its operation beyond that time, re- quires the same amount ofrevenue stamps as the policy itself; but such a receipt as is usually given for the payment of the monthly, quarterly, or annual premium, is not a renewal within the meaning of the statute. The payment simply prevents the policy from expiring, by reason of non-per- formance of its conditions ; a receipt given for ench a payment requires no stamp. When, however, the time of payment has passed, and a tender of the premium is not sufficient to bind the company, but a new policy or a new contract in some form, with the mutuality essential to every contract, becomes necessary between the insurer and the insured, the same amount of stamps should be used as that required upon the original policy.
A permitissued by a life insurance com- pany changing the terms of a policy as to travel, residence, occupation, de., should be stamped as a contract or agreement.
A bill single or a bill obligatory, i. e., an instrument in the form of a promissory note, under seal, is subject to stamp duty as written or printed evidence of an amount of money to be paid on demand or at a time designated, at the rate of five cents for each one hundred dollars or fractional part thereof.
A waiver of protest, or of demand and notice, written upon negotiable paper and signed by the indorser, is an agreement, and requires a five-cent stamp.
A stamp duty of twenty-five cents is im- posed upon the "protest ofevery note, bill of exchange, check or draft," and upon every marine protest. If several notes, bills of exchange, drafts, &c .. are protest- ed at the same time and all attached to one and the same certificate, stamps should be affixed to the amount of twenty-five cents for each note, bill, draft, &c., thus protest- ed.
When, as is generally the case, the cap- tion to a deposition contains other certifi- The stamp tax upon a fire insurance policy is based upon the premium. [ 1- taken by a mutual A>> in- > ir dar company, hot as payment of pre- 'i'm not as evidence of indebtedness cates in addition to the jurat to the affida- vit of the deponent, such as a certificate that the parties were or were not notified. that they did or did not appear, that they did or dhl not object, &e., it is subject to therefor, but to be used simply as a basis | a stamp duty of five cents.
40
;STAMP DUTIES.
When an attested copy ofa writ or other process is used bya sheriff or other person in making personal service, or in attaching property, a five-cent stamp should be affix- ed to the certificate of attestation.
A marriage certificate issued by the offi- ciating clergyman or magistrate, to be re- turned to any officer of a State, county, city, town, or other municipal corporation, to constitute part of a public record, requires no stamp; but if it is to be retained by the parties, a five-cent stamp should be af- fixed.
The stamp tax upon a bill of sale, by which any ship or vessel, or any part there- A bond to convey real estate requires stamps to the amount of twenty-five cents. of, is conveyed to or vested in any other person or persons, is at the same rate as The stamp duty upon the probate of a will, or upon letters of administration, is that imposed upon conveyances of realty sold ; a bill of sale of any other persona! ! based upon the sworn or declared value of property should be stamped as a contract or agreement.
An assignment of real or personal prop- erty, or of both, for the benefit of creditors, should be stamped as an agreement or con- tract.
Written or printed assignments of agree- ments, bonds, notes not negotiable, and of all other instruments the assignments of which are not particularly specified in the foregoing schedule, should be stamped as agreements.
No stamp is necessary upon the registry of a judgment, even though the registry is snch in its legal effect as to create a lien which operates as a mortgage upon the property of the judgment debtor.
When a "power of attorney or proxy for voting at any election for officers of any incorporated company or society. except religious, charitable, or literary societies. or public cemeteries," is signed by sever- al stockholders, owning separate and dis- tinct shares, it is, in its legal effect, the separate instrument of each, and requires stamps to the amount of ten cents for each and every signature; one or more stamps may be used represe_ting the whole amount required.
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