USA > New York > Monroe County > Gazetteer and business directory of Monroe County, N.Y. for 1869-70 > Part 5
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25 closer or purchasers, or any other per-ou or persons. by hi -. her or their direction, when the consideration or value does not exceed $500,
S
----
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, 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 :
1 00
Exceeding 300 tons, and not ex- ceeding 600 tons, Exceeding 600 tons,
10 00 2
Check. Bank check,
Contract. Broker's note, or mem. ofandum 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
Bill or memorandum of the sale or contract for the sale of stocks, bonds, gold or silver bullion.coln, 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 frae- tional part thereof. of the amount of such sale or con- tract,
1
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,
5
36
STAMP DUTIES.
Stamp Duty.
When the consideration exceeds $500, and does not exceed $1,000, 1 00
Aud 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,
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 valne, 1 00
Entry for the withdrawal of any goods or merchandise from bonded warehouse, 50
Ganger's returns, exempt.
Indorsement upon a stamped obli- cation in acknowledgment of its fulfillment, exempt.
Insurance (life) policy : When the amount insured shall not ex- cecd $1,000,
25
Exceeding $500, and not exceed- ing ยง1,000, 1 00
Exceeding $1.000, and not ex- ceeding $5,000,
50
And for every additional $500, or fractional part thereof, in ex- cesa 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
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 doenments:
Writ, or other original process, by which any suit, either crim- inal or civil, is. commenced ia uny court, either of law or equi- tv. exempt.
Confession of judgment or cog- novit, Writs or other process on ap-
exempt.
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. (Sce Probate of will.)
Letters testamentary, when the value of the estate and effects, real and personal, does not ex- ceed $1,000, Exempt.
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 5 00
Exceeding 600 tons,
[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 & mortgage, or any personal bond given a- security for the pay- ment of any definite or certain sum of money : exceeding $100, and not exceeding $500,
Exceeding $5,000, 1 00
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.
25 50
Exceeding 850,
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 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- leet rent, 25
Power of attorney to sell and con- vey real estate, or to rent or
50
37
STAMP DUTIES.
Stamp Duty.
1 00
lease the same, Power of attorney for any other purpose,
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- cecding $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,
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,
(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, exempt. Weicher's returns, exempt.
Official documents, instruments, and papers issued by officers of the United States Govern- ment.
exempt.
.
Stamp Duty.
the collection from the United States Government of claims by soldiers, or their legal rep- resentativea, for pensions, back pay, bounty, or for prop- erty lost in the service, exempt.
CANCELLATION.
In all cases where an adhesive stamp is nsed for denoting the stamp duty upon an instrument. the person using or affixing the came 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 canses 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 usc 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, 1566 :
"If any person shall wilfully remove or cause to be removed, alter or cause to be al- tered, the cancelling or defacing marks on aby adhesive stamp, with intent to use the same, or to cause the use of the same, after it santll have been used once, or shall know- ingly or wilfully sell or buy such washed or restored stamps, or offer the same for JEale, or give or expose the same to any per-
Papers necessary to be used for C
2
Official instruments, documents, and papers issued by the otli- cers ofany State, county, town, orother municipal corporation, in the exercise of functions strictly belonging to them in the ir ordinary governmental or municipal capacity, exempt.
25
-
.
38
STAMP DUTIES.
son for use, or knowingly nse 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 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." 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 siding, abetting, or assieting in committing any such offence as aforesaid, shall, on con- viction thereof, * : * * be punished by a fine not exceeding one thousand dollars, or by imprisonment and confinement to hard labor not exceeding five yeare, 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 stanips 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 enumerared in Schedule B, except proprie- tary and playing card stamps, for which a special use has been provided.
Postage stamps cannot be used in pay- ment of the duty chargeable ou 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 omit- the stamps with an in- tent to evade the provisions of the internal revenue act.
The first act imposing a stamp tax upon certain specified instruments took effect. so far as said tax is concerned, October 1, 1:82. 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 collec- tiou districts there, is erroneous.
Instruments isaned in those States since October 1. 1-82. are subject to the same tax- es as similar oves issued at the same time in the other States.
No stampi- necessary npon an instrument executed prior to October 1, 1862, to make
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 adlx- 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 afixed 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 section 154, by striking out the words "or used ;" the exemption thereun- der is thus restricted to documents, de .. 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 smin 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 cold 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. such. 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 defeet, requires no stamp. In such case, the second deed should contain a recital of the facts. and should show the reasons for its execution.
Partition deeds between tenants in com- mon, need not be stamped as conveyances, ingsinneh as there is no sale of realty, but merely a marking out, or a defining. of the boundaries of the part belonging to each ; but where money or other valuable con-id- eration is paid by one co-tenant to another for equality of partition. there is a sale to the extent of such consideration, and the conveyance, by the party receiving it, should be stamped accordingly.
A conveyance of land sold for unpaid taxes, ierne Isince August 1, dann. by the officers of any county, town, or other mu-
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39
STAMP DUTIES.
nicipal corporation in the discharge of their [ should not be reckoned as premium in de- termining the amount of stamp taxes upon the policies.
strictly official duties, is exempt from stamp 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 upon 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 liability of the instrument. When, therefore, a second mortgage is giv- en to secure the payment of a sum of mon- cy 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 Nome sum, each should be stamped as though it were the ouly one.
A mortgage given to secure a surety from lose, 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 terin of years, or for the fractional part of a year only.
endorsement of a negotiable instrument. even though the legal effect of such indorse- ment is to transfer a mortgage by which the instrument is secured.
An assignment of a lease within the mean- ing and intent of Schedule B, is an assign- ment of the leasehold, or of some portion thereof, by the lessee, or by some person claiming 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 tar as a contract i ed. or agreement only.
The stamp tax upon a fire insurance policy is based upon the premium.
Deposit notes taken by a mutual fire in- surance company, not as payment of pre- mim nor as evidence of indebtedse- therefor. but to be used simply a- a ba-ie nyon which to make rateable assessment- to | a stamp duty of five cents. meet the losses incurred by the company,
When a policy of insurance properly stamped has been issued and lost, no stamp is necessary upon 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 -tamipy as the policy itself; but such a receipt as is nsually given for the payment of the monthly, quarterly, or annual premium. i. not a renewal within the meaning of the statute. The payment simply prevent the policy from expiring, by reason of non-per- formance of its conditions : a receipt given for such a payment requires a two-cent stamp, if the amount received exceeds twenty dollars, and a two-cent stamp only. When, however, the time of payment has passed, and a tender of the premimn is not sufficient to bind the company, but a uew 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 permit issued by a life insurance com- pany changing the terms of a policy as to travel, residence, occupation, &c., should be stamped as a contract or agreement.
Upon every assignment or transfer of a mortgage, a stamp tax is required equal to that imposed upon a mortgage for the amount remaining unpaid ; this tax is re- quired upon every such transfer in writing, [ note, under send, is subject to stamp duty whether there is a sale of the mortgage or ; as written or printed evidence of an amount not ; but no stamp is necessary upon the , 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 bill single or a bill obligatory, i. 6 .. an instrument in the form of a promissory
A waiver of protest, or of demand and notice, written upon negotiable paper and signed by the indorser, is an agreement, and requires a dve-cent stamp.
A stamp duty of twenty-tive cents is im- posed upon the "protest of every note. bill of exchange, check or draft," and upon every marine protest. If several notes, biils of exchange, drafts. &c., are protest- ;ed at the same time and all attached to one and the same certificate, stamps should be afixed to the amount of twenty-five centy for each note, bill, draft, &c., thus protest-
When, as is generally the case, the ca"- tion to a deposition contain- other certifi- cates in addition to the jurat to the amfils- vit of the deponent, such as a certifi. Jte that the parties were or were not notit d, that they did or did not appear, that they did or did not object, &c., it is subject :)
When an attested copy ofa writ or other
40
STAMP DUTIES.
process is used by a 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 issned 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- of, is conveyed to or vested in any other person or persons, is at the same rate as that imposed upon conveyances of realty sold ; a bill of sale of any other personal 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 ofagree- 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 such in its legal effect as to create a lien which operates as a mortgage upon the property of the judgment debior.
When a "power of attorney or proxy for voting at any election for officers of any incorporated company or society, except religions, 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 representing the whole amount required.
A notice from landlord to tenant to quit possession of premises requires no stamp.
A stamp tax is imposed upon every "manifest for custoin-house entry or clear- ance of the cargo of any ship, vessel, or steamer for a foreign port." "The amount of this tax in each case depends upon the registered tonnage of the vessel.
If a vessel clears in ballast and has no cargo whatever, no stamp is necessary : but if she has any, however small the amount -a stamp should be used.
A bond to convey real estate requires stamps to the amount of twenty-five cents. The stamp duty upon the probate of a will, or upon letters of administration, is based upon the sworn or declared value of all the estate and effects, real, personal. and mixed, nndiminished by the debts of the estate for or in respect of which such probate or letters are applied for.
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