USA > New York > Warren County > Queensbury > Gazetteer and business directory of Saratoga County, N.Y., and Queensbury, Warren County, for 1871 > Part 5
USA > New York > Saratoga County > Gazetteer and business directory of Saratoga County, N.Y., and Queensbury, Warren County, for 1871 > Part 5
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39
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 eum 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 ont 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
-
1^55244
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 thereofin excess of $100,
2
rine surveyor, or other person acting as such,
25
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
2
Certificate of deposit of any sum of money in any bank or trust company, or with any banker or person acting as such : Iffor a sum not exceeding $100, 2
For a sum exceeding 8100.
5
Certificate of any other descrip- tion than those specified. 5
Charter, renewal of, same stamp as an original instrument.
Bill of lading to any port in Brit- ish North America,
exempt. exempt.
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,
When the consideration shall not exceed 8500,
50
Exceeding 8500, 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 600 tons,
Check. Bank check,
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
Exceeding $1,000,
exempt. 1 00
Bill or memorandum of the sale or contract for the sale of stocks, bonds, gold or silver
1 00
. 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
25
Broker'snotes. (See Contract.) Certificates of measurement or weight of animals, wood, coal or hay,
exempt. 5
Certificates of stock in any incor- porated company, 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
Conveyance, deed, instrument or writing. whereby any lands. tenements, or other realty sold shall be granted, assigned, transferred, or otherwise con- veyed to or verted in the pur- chaser or purchasers, or any other per-on 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
Exceeding $1,000, for every ad- ditional $1,000 or fractional part thereof,
25
Certificate. Any certificate of dam -. Are or otherwise, and all other Certificates or documents is- elled by any port warden, ma-
50
Bond-administrator or guardian, when the value of the estate and effects, real and personal, does not exceed $1,000,
Bond for due execution or per- formance of duties of office, Bond, personal, for security for the payment of money. (See Mortunge.)
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,
Certificates of measurement of oth- er articles,
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 00
Exceeding 300 tons, and not ex- ceeding 600 tons,
5 0 10 00 2
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 :
36
-
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.j
Custom-house withdrawals. (See Entry.)
Deed. (See Conveyance - Trust deed.)
Draft. Same as inland bill of ex- change.
Endorsenient of any negotiable in- strument. exempt.
Eutry 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 Số viu value, 50
Exceeding $300 in value, 1 00
Entry for the withdrawal of any goods or merchandise from bonded warehouse, 50 Gauger's returns, exempt.
Indor-ement upon a stamped obli- cation in acknowledgment of Its fulfillment, exempt. Icsurance (life) policy : When the amount insured shall not ex- coed $1,000, 25
Exceeding $1.000, and not ex- ceeding $5,000, 50 1 00
Exceeding $5,000,
Insurance (marine, inland, and fire, i policies, or renewal of the same : If the premium does not exceed $10. 10
Exceeding $10, and not exceed- ing $50, 25
Exceeding $50, 50
Insurance contracts or tickets against accidental injuries to persons, exempt.
Lea-r, Agreement, memorandum, or contract forthe 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 am, or fractional part thereof in excess of $300,
50
Legal documents :
Writ, or other original process, by which any snit. either crim- ihal or civil, is commenced in woy court, either of law or equi-
exempt.
Cotif -sion of judgment or cog- moovit. exempt.
Write or other process on ap-
Stamp Duty. 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 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,
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 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- İD: $1,000, 1 00
And for every additional $300, 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 ve-sel 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 ofany 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 soriety, except reli. gious, charitable, or literary societies, or public cemeteries, 10 Power of attorney to receive or col- lect rent. 25
Power of attorney to sell and con- vey real estate, or to rent or
3 00 5 00
50
37
STAMP DUTIES.
Stamp Duty.
lease the same,
1 00
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- cocd the value of $1,000. exempt. Exceeding $1,000, and not ex- ceeding $2.000. 1 00
Exceeding 82,000. for every ad- ditional $1,000, or fractional part thereof, 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.
2
(See Indorsement.) Receipts for the delivery of pr- perty. exempt.
Renewal of agreement, contract or charter. by letter or otherwise, same stamp as original instru- meut.
Sherid'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, Weicher's returny.
exempt. exempt.
Official documents, instruments, and papers issued by officers of the United States Govern- ment. exempt.
Oficial instruments, documents, and papers issued by the offi- cers ofany State. county, town, orother municipal corporation. in the exercise of functions Mtri.tly belonging to them in their ordinary governmental or municipal capacity, exempt. Papers necessary to be used for C
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.
-
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 efectu- 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 eale, or give or expose the same to any per-
25
38
STAMP DUTIES.
eon 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 withont 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 aforesuid, shall, on con- viction thereof. *
* * be punished by a fine not exceeding one thousand dollars, or by imprisonment and confinement to bard 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- cately upon any of the matters or things enumerated 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 on instru- menta.
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 & legal stamp or stamps, denoting the amount of tax, shall have been affixed as prescribed by law, and the person who thus iasnes it is liable to a penalty, if he omits 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. 1802. 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- tion districts there, is erroneous.
Instrumente issued in those States since October 1, 1862, are enbject to the same tax- tu x- sunilar ones issued at the same time in the other States.
No stamp is necessary upon an instrument executed prior to October 1, 1502, to make
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 atlix- 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 acknowi- edrement 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, &c., issuerl by the officers therein named. Also to the changes in sections 152 and 138, 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. 1 deed of real estate made withont 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 stampei 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 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. inasmuch 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 consid- 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 stumped accordingly.
A conveyance of lands soll for unpaid taxes, issued since August 1, 1866, by the otteers of any county, town, or other mu-
...
39
STAMP DUTIES.
nicipal corporation in the discharge of their ; should not be reckoned as premium in de- strictly official duties, is exempt from termining the amount of stamp taxes upon the policies. stamp tax.
A conveyance of realty sold, subject to a mortgage, should be stamped according to the consideration, or the value of the prop- etty 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 apon 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 ouly 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- ey partially secured by a prior mortgage up- on other property, or when two mortgages upon separate property are given at the saine time to secure the payment of the same sum, each should be stamped as though it were the only one.
A mortgage given to secure a surety 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 of contract.
The stamp duty npon a lease, agreement. memorandum, or contract for the hire, nse, 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.
Upon every assignment or tran-fer of & mortgage, a stamp tax is required equal to that imposed upon a mortgage for the mount remaining unpaid ; this tax is re- quired apon every such transfer in writing. whether there is a sale of the mortgage or not ; but no stamp is necessary upon the endorsement of a negotiable instrument, even though the legal effect of auch indorse- ment is to transfer a mortgage by which the instrument is secured.
An assignment of a lease within the mean- inr and intent of Schedule B, is an assign- ment of the legerhold, or of some portion thereof, by the lesee, or by some person claiming by, from, or under him ; such an A-simment as subrogates the assignee to the rights, or some portion of the right., of the lease, 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 fort thereof, but simply a right to the rents. &c., is subject to stamp tar as a contract of agreement only.
The stamp tax upon a fire insurance policy is based upon the premium. Deposit notes taken by a mutual fire in- *france company, not as payment of pre- nam nor as evidence of indebtednesy tiene for, but to be used simply as a basis ! upon which to make rateable assessments to Turet 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- rewal ofa 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 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 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 permit issued by a life insurance com- pany changing the terms of a policy as to I travel, residence, occupation, &c., should be stamped as a contract or agreement.
A bill single or & 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 i 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 of every 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, stampy should be affixed to the amount of twenty-five cents for each note, bill, draft, &c., thus protest- ed.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.