USA > New York > Herkimer County > Gazetteer and business directory of Herkimer County, N.Y. for 1869-70 > Part 4
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THE TERRITORIES, THEIR BOUNDARIES, ETC.
favor of the extension of the right of suffrage to colored men, and 4,075 against such extension, therefore, the section of said law conferring such right had been constitutionally adopted and is the law of the land.
THE TERRITORIES,
THEIR BOUNDARIES, AREA, PHYSICAL FEATURES, ETC.
ALASKA, our new territory, recently purchased of Russia, compre- hends all the north-west coast on the Pacific, and the adjacent islands north of the parallel of 50 degrees 40 minutes north, and the portion of the main- land west of the meridian (about 140° west) of Mount St. Elias. The area is computed at 481,276 square miles. The climate, although warmer than in the same latitude on the eastern coast, is too rigorous to admit of suc- cessful agricultural operations, and the chief value of the country and ad- jacent seas is derived from their fisheries and hunting grounds. The south- ern and central portions are mountainous; the northern portion along the Arctic ocean is quite flat, nowhere rising more than fifteen or twenty feet above the sea. The population is estimated at about 80,000, mostly Esqui- meaux.
ARIZONA was organized by the Thirty-Seventh Congress, in the win- ter of 1863, out of the western half of New Mexico, the boundary between the two Territories being the 109th meridian (32d west from Washington,) and includes the greater portions of the valleys of Colorado and Gila, which two rivers drain its entire surface, with parts of Utah, New Mexico and Nevada, and yet convey, it is reported, a less volume of water to the sea than the Hudson at Albany. The fertile Messilla Valley was left with New Mexico. The Territory forms a block nearly square, and contains 126,141 square miles, or 80,730,240 acres. Its white population is probably considerably less than 10,000. For agricultural purposes it is probably the most worthless on the Continent, owing to the absence of rains, but it is reputed to abound in silver mines.
COLORADO was organized March 2, 1861, from parts of Kansas, Nebraska and Utah, and is situated on each side of the Rocky Mountains, between latitude 37° and 41º, and longitude 25° and 32° west from Wash- ington. Area 104,500 square miles, or 66,880,000 acres. Population 50,- 000, besides numerous tribes of Indians. By an enabling act passed March 21, 1864, the people of the Territory were authorized to frame a State Con- stitution and organize a State Government, and a Convention accordingly met in 1865, and on the 12th of August adopted a Constitution, which was submitted to and adopted by the people September 5, and State officers elected November 14. A bill to admit the Territory as a State passed Congress, but was vetoed May 25, 1866. It is said to be a superior graz- ing and cattle producing region, with a healthy climate and rich soil. An extensive coal bed, and also gold, iron and other minerals abound.
33
THE TERRITORIES, THEIR BOUNDARIES, ETC.
DAKO T'A was first settled by emyloyees of the Hudson Bay Com- pany, but is now being peopled by emigrants from the Northern and Wes- tern States. It was set off from the western portion of Minnesota when that Territory became a State in 1857, and was organized March 2, 1861. Area 148,932 square miles, or 95,316,480 acres. Population 2.576 whites, and 2,261 Indians, besides the roving tribes.
IDAHO was organized by the Thirty-Seventh Congress, at its second session, in the winter of 1863. Its name means 'Bead of the Mountains,' and it embraces the whole breadth of the Rocky Mountain region, and has within its bounds the head waters of nearly all the great rivers that flow down its either slope, but the greater portion lies east of the mountains. Its southern boundary is the 41st, its northern the 46th parallel of latitude. It extends from the 104th meridian on the east to the 110th on the west. Area 326,373 square miles, or 208,870,720 acres. For agricultural purposes it is comparatively worthless, but abounds in gold and other valuable mines.
MONTANA was settled by emigrants from the Northern and West- ern States. Organized in 1864, with the following boundaries: Com- mencing at a point formed by the intersection of the 27º L. W. from Wash- ington with the 45º N. L .; thence due west on said 45th degree to a point formed by its intersection with the 34th degree W. from Washington ; thence due south along said 34th degree of longitude to its intersection with the 44th degree and 30 minutes of N. L. ; thence due west along said 44th degree and 30 minutes of N. L. to a point formed by its intersection with the crest of the Rocky Mountains; thence following the crest of the Rocky Mountains northward till its intersection with the Bitter Root Mountains; thence northward along the crest of said Bitter Root Moun- tains to its intersection with the 39th degree of longitude W. from Wash- ington; thence along said 39th degree of longitude northward to the boundary line of the British possessions; thence eastward along said boundary to the 27th degree of longitude W. from Washington; thence south ward along said 27th degree to the place of beginning. This makes it the northermost Territory next the States east of the Missouri Valley. It is a good mining and agricultural region. The total population is put down at 15,822. Large accessions have been made since the census was taken.
NEW MEXICO was formed from a part of the territory ceded to the United States by Mexico, by the treaty of Guadaloupe Hidalgo, Feb- ruary 2, 1848, and was organized into a Territory September 9, 1850 .- Area 121,201 square miles, or 77,568,640 acres. Population 83,000, besides large tribes of warlike Indians. The principal resource of the country is its minerals.
UT'AH was settled by the Mormons, and was formed from a part of the territory ceded to the United States by Mexico, by the treaty of Guada- loupe Hidalgo, February 2, 1848, and was organized into a Territory, Sep- tember 9, 1850. Area, 106,382 square miles, or 68,084,480 acres. Popula- ton, 40,273, of whom 29 wereslaves. Brine, sulphureous and chalybeate springs abound; limestone, granite, sandstone and marble are found in large quantities; iron is abundant, and gold, silver, copper, lead and zinc have been found. Not one-fiftieth part of the soil is fit for tillage, but on that which is, abundant crops of grain and considerable cotton are raised. A. Convention was held at Great Salt Lake City, January 22, 1862, and a State Constitution formed, but it has not been acted on by Congress.
WASHINGTON was settled by emigrants from the Northern and Western States, and was organized into a Territory, March 2, 1853, from the northern portion of Oregon, to which was added another portion from the
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STAMP DUTIES.
eastern part when the latter Territory was admitted as a State, February 14, 1859. Area 69,994 square miles, or 48,636,800 acres. Population 11,168, besides numerous tribes of Indians.
WYOMING was organized in July 1868. It lies between the 27th and 34th meridians of longitude west from Washington, and between the 41st and 45th parallels of latitude. The Territory is rich in mineral wealth, having large quantities of iron, coal, gypsum and building stone, besides vast quantities of gold, silver and copper. Salt springs of great value are found within its limits. The western portion of the Territory embraces what is generally known as the " Sweet Water Mines." The climate is healthy, and the Territory is rapidly filling up with an enterprising and hardy population. The act of Congress organizing the Territory, provides that " There shall be no denial of the elective franchise or any other right, on account of color or race, and all persons shall be equal before the law."
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STAMP DUTIES.
SCHEDULE OF DUTIES ON AND AFTER MARCH 1, 1867.
Stamp Duty.
Accidental injuries to persons, tick- ets, or contracts for insurance against,
Affidavits,
exempt. exempt.
Agreement or contract not other- wise specified :
For every sheet or piece of paper upon which either of the same shall be written,
$0 5
Agreement, renewal of, same stamp as original instrument.
Appraisement of value or damage, or for any other purpose : For each sheet of paper on which it is written,
5
Assignment of a lease, same stamp as original, and additional stamp upon the value or con- sideration of transfer, accord- ing to the rates of stamps on deeds. (See Conveyance.)
Assignment of policy of insurance, same stamp as original instru- ment. (See Insurance.)
Assignment of mortgage, same stamp as that required upon a mortgage for the amount re- maining unpaid. (See Mort- gage.)
Bank check, draft or order for any sum of money drawn upon any
Stamp Duty. bank, banker or trust compa- ny at sighi't or on demand, 2
When drawn upon any other per- son or persons, companies or corporations, for any sum ex- ceeding $10, at sight or on de- mand,
2
Bill of exchange, (inland,) draft or order for the payment of any . sum of money not exceeding $100, otherwise than at sight or on demand, or any promissory note, or any memorandum, check, receipt, or other writ- ten or printed evidence of an amount of money to be paid on demand or at a time designa- ted : For a sum not exceeding $100, 5
And for every additional $100 or fractional part thereof in ex- cess of $100, 5
Bill of exchange, (foreign,) or let- ter of credit drawn in, but pay- able out of, the United States : If drawn singly, same rates of duty as inland bills of exchange or promissory notes.
If drawn in sets of three or more, for every bill of each set, where the sum made payable shall not
1388387
STAMP DUTIES.
35
Stamp Duty.
Stamp Duty.
exceed $100 or the equivalent thereof in any foreign currency And for every additional $100, or fractional part thereof in excess of $100,
2
rine surveyor, or other person acting as such,
25
Certificate of deposit of any sum of money in any bank or trust company, or with any banker or person acting as such : If for a sum not exceeding $100, 2
For a sum exceeding $100.
5
Bill of lading to any port in Brit- ish North America,
exempt. exempt.
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 :
When the consideration shall not exceed $500, 50
Exceeding $500, and not exceed- ing $1,000,
1 00
Exceeding 150 tons, and not ex- ceeding 300 tons, 3 00
Exceeding $1,000, for every ad- ditional $500, or fractional part thereof,
50
Exceeding 300 tons, and not ex- ceeding 600 tons,
5 00
Exceeding 600 tons,
10 00 2
Bond for indemnifying any person for the payment of any sum of money : When the money ulti- mately recoverable thereupon is $1,000 or less,
50
When in excess of $1,000, for each $1,000 or fraction,
50
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,
10
exempt. 1 00
1 00
Bond ofany description, other than such as may be required in le- gal proceedings, or used in con- nection with mortgage deeds, and not otherwise charged in this schedule,
25
Broker'snotes. (See Contract.) Certificates of measurement or weight of animals, wood, coal or hay, exempt.
Certificates of measurement of oth- er articles,
5
25
Certificates of profits, or any certi- ficate or memorandum showing an interest in the property or accumulations of any incor- porated company : If for a sum not less than $10 and not ex- ceeding $50,
Exceeding $50 and not exceed- ing $1,000, 25
Exceeding $1,000, for every ad- ditional $1,000 or fractional part thereof, 25
Certificate. Any certificate of dam- age or otherwise, and all other certificates or documents is- sued by any port warden, ma-
10
Conveyance, deed, instrument or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise con- veyed 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
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- eign port or place,
10
Certificate of any other descrip- tion than those specified, Charter, renewal of, same stamp as an original instrument.
5
Bill of lading, domestic or inland,
Charter party for the charter of any ship or vessel, or steamer, or any letter, memorandum, or other writing relating to the charter, or any renewal or transfer thereof: If the regis- tered tonnage of such ship, vessel, or steamer does not ex- ceed 150 tons, 1 00
Check. Bank check,
Bond-administrator or guardian, when the value of the estate and effects, real and personal, does not exceed $1,000, Exceeding $1,000,
Bond for due execution or per- formance of duties of office, Bond, personal, for security for the payment of money. (See Mortgage.)
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,
1
Certificates of stock in any incor- porated company,
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, Contract. (See Agreement.) Contract, renewal of, same stamp as original instrument.
50
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STAMP DUTIES.
Stamp Duty.
When the consideration exceeds $500, and does not exceed $1,000, 1 00
And for every additional $500, or fractional part thereof, in ex- cess of $1,000, 50
Conveyance.
The acknowledg-
ment of a deed, or proof by a
witness,
exempt.
Conveyance. Certificate of record of a deed,
exempt.
Credit, letter of. Same as foreign bill of exchange. Custom-house entry. (See En- try.)
Custom-house withdrawals. (See Entry.)
Deed. (See Conveyance - Trust deed.)
Draft. Same as inland bill of ex- change, Endorsement of any negotiable in- strument, exempt.
Entry of any goods, wares or mer- chandise at any custom-house, either forconsumption or ware- housing : Not exceeding $100 in value, 25
Exceeding $100, and not exceed- ing $500 in value, 50
Exceeding $500 in value, 1 00
Entry for the withdrawal of any goods or merchandise from bonded warehouse, 50
Ganger'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 $5,000, Exceeding $5,000, 1 00
50
Insurance (marine, inland, and fire,) policies, or renewal of the same : If the premium does not exceed $10, 10
Exceeding $10, and not exceed- ing $50, Exceeding $50,
25 50
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 ports 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 offi- 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
Confession of judgment or cog- novit, exempt.
Writs or other process on ap-
Stamp Duty. peals from justice courts or other courts of inferior juris- diction to a court of record. exempt.
Warrant of distress. exempt.
Letters of administration. Probate of will.)
(See
Letters testamentary, when the value of the estate and effects, real and personal, does not ex- ceed $1,000, Exempt. Exceeding $1,000, 5 Letters of credit. Same as bill of exchange, (foreign.)
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 tons, 1 00
Exceeding 300 tons, and not ex- ceeding 600 tons,
3 00
Exceeding 600 tons, 5 00
[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. (See Contract.)
Mortgage of lands, 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 $500,
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 2
Order for payment of money, if the amount is $10, or over,
Insurance contracts or tickets against 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, 50
Where the rent or rental value exceeds the sum of $300 per annum, for each additional $200, or fractional part thereof in excess of $300, 50
Legal documents :
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.
Power of attorney to sell and con- vey real estate, or to rent or
50
37
STAMP DUTIES.
Stamp Duty.
Stamp Duty.
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- ditional $1,000, or fractional part thereof, in excess of $2,000, 50
Promissory note. (See Bill of ex- change, inland.)
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- gagor, 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 ; exceeding $20, not being for satisfaction of any mortgage or judgment or decree of court,
2
(See Indorsement.)
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, Weigher's returns,
exempt. exempt.
Official documents, instruments, and papers issued by officers of the United States Govern- ment,
exempt.
Official instruments, documents, and papers issued by the offi- cers of any State, county, town, orother municipal corporation, in the exercise of functions strictly belonging to them in their ordinary governmental or municipal capacity,
Papers necessary to be used for C
exempt.
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.
CANCELLATION.
In all cases where an adhesive 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 revenue 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 fraudulently 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.
Attention is particularly called to the fol- lowing extract from section 155, of the act of June 30, 1864, as amended by the act of July 13, 1866 :
"If any person shall wilfully remove or cause to be removed, alter or cause 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 such washed or restored stamps, or offer the same for gale, or give or expose the same to any per-
38
STAMP DUTIES.
son for use, or knowingly use the same or [ it admissible in evidence, or to entitle it to prepare the same with intent for the fur- record. 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, parehment, pa- When two or more persons join in the ex- ecution ofan 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 affix- ed to the same paper, one or more stamps may be affixed thereto, representing the whole amount of the stamp required for sueh signatures." 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- vietion thereof, * * * be punished by a fine 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 amount 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.
Revenue stamps may be used indiscrimi- nately upon any of the matters or things enumerated in Schedule B, except proprie- tary and playing eard stamps, for which a 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 shall 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- idence, 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 omits the stamps with an in- tent to evade the provisions of the internal revenue act.
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