The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1845-07-05
From the Baltimore. Sun.
The Slanap ACco

Importun DCciSion.--Our Annapolis
correspondent having merely furnished US
with the decision oil the Stamp Case be-
store the Appeal Court, without s,copy of
Hhe opinion of the Judges upon the vari-
'1us,uue stions recently argued as 10 the
validity of the Act, we are indebted to our
,neighbors Of the American for he,tol!ow-
ing copy oft:
CuURT OF APPEALS, W. S.-SrATE VS..
JAMESON AND OrHERs.-Stamp Gases
Chambers, Judge, stated the conclusions
coI The Court as follows:
The questions brought before us by
t.he different records in these cases are in
relation to, lst Trustees Bond: I'd.
Bonds by Executors or Administrators;
Sd, and Checks Of a Bank in this SAT-
ss,Pen Bank in another State, payable at
sight or otherwise; 4lh, Certificate Of
deposit given by Bank:
We are of opinion that e stampi not
required for eitker of those instruments
under the act of 1914 oh. $50. That
't'b onds and obligations" are to be con-
lfnedto such as ere given'for the payment
of money; and not for the performance
,af some official or other act of duty. That
the Banks aressecured in the privilege Of
Issuing checks, whether al sight or 9th
'erwise; bills of Exchange, whether far
sign or domestic; and certificates Of de-
'posle; aud that this privilege does not ex.
ist only in virtue OF the Act Of 1921, CHI
13l, sec. IL, and is not, therefore, either
confined to the sold Banks" as they are
termed, nor limited as to its duration to
Ishe 10Th March, 1916, when, in our
opinion, the old charters will expire.
The Attorney General and the adverse
Counsel having earnestly requested an ex-
preston of the views Of the Court upon
the various other points filed IN lhese,ca
SEES, and fully and ably argued, we feel
justified in the peculiar condition Of the
case, and in the known anxiety Of the
business portion Of the community to be
advised on these questions, in expressing
the conclusions to which the argument
and consideration of the authorities have
conducted lis:
We think The law does not require a
stamp for any Of The following ins.ru-
,Men.s:
A mortgage without covenant 10 pay (,
A lease on which is reserved rent IN
tnouey or in specifics;
An assignment, OF property in consider
alton of an annuity to be paid by the
grantee for the life OF the grantor;
An order or draft not sold, or intended
TO be put into circulation, but made solely
to obtain possession by The party of his
own Funds.
But we think Stamp necessary 10 the
instruments following:
y mortgage with a covenant 10 pay.
. and whether such mortgage be the only
security taken, or whether there be also
81 note or bond also stamped and for the
same debt; the note or bond being oI
course to be stamped
4 Dive bill or written acknowl edg
ment of Indebtedness for a certain sum.
An account stated signed by the Partie,
or by the party TO be charged, as evi,
,Lence Of debt.
Dorsey and Martin j., disseuted from
,le conclusion that mortgage without a
covenant 10 pay the deb. was not subject
To stamp. Aud Chambers j dissented
from the conclusion that due bill and
81 account stated should be stamped.
True copy. Test,
r &. GILL, Clerk.