North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1864-03-16

thereon. III ne negiec'S lie DO so the party
for whose use it is made mrs stamp it before
| it is used; but in no case can it be legally usef
without a STAMP; and if issued after June ]
1863, and used without stamp. it cannot
be afterwards effectually stamped. Any fail
ure on the part Of e maker of an instru'
ment to appropriately stamp it subjects him
to penalty of fifty dollars.
Suits are commenc, 1t many States by
other process than writs viz summons war
rant, publication, petition. &c, in which cases
these, as tire original processes, severAlly re-
qure stamps.
Az appeal nr instrument by which suit
IS transferred from Justice Of the Peace to
a superior court is an original process, and
subject to stamp du:y as such.
Wrirs a. scire tdcias are subject 10 stamp
duty a, orIgnaI pr ces>es.
The jurat "f all afn lavtt, taken pefnre a
Justice "fa Peace Y 'tary Public, or other
officer duly aurh"r zed To- lake afh avts, L.
held to be cerl.tl ia'e, and subject TO a
stamp duty Of five cents, Where however,
Bfti ;avlts, are made relative /" any petition,
mo ion or other prec cling N any sat acru
ally pe,ldng IN any Cnuri, no stamp dury L.
chargeable thereon, IN conslderatInn of the
fifty cent stamp .:tixed TO the "orginal pro-
Cess" by which that suit was commenced.
The fifty cent stamp affixed to the "originaI
process" in the commencement rf a suit ex
empts all aft tilavits made on certificates issued
under it.
Certificates Of loan, if there shall be any
written or printed evidence Of an amount
to be paid OH demand OF at time designated,
are subject to stamp duty as "Promissory
Notes"
A mortgage or trust deed being duly STAN
ped as Mortgage" is MT subject to stamp
duty by virtue of power attorney or pow.
er OF sale contained therein.
The assignment of a mortgage is subject to
the same stamp duty as that Imposed upon
the original instrument; that is to say upon
every sum of two hunured dollars, ga any
fractional! part thereof, of the amount secured
by the mortgage at the time of its assignment
there must b. affixed a stamp or stamps de
noting duty of Ten cents.
When two or more persons join in the exc
Gu ion Of an instrument, the stamp 20 Which,
the instrument 10 liable under the lag may
nay be affixed and cancelled by any one Of
the parties.
In all conveyances of real estat by deed
where the actual value of the estate convey
ed exceeds enc hundred dollars, the law pro-
vide that the stamp affixed must answer to
the value does rot exceed one hundred dol
lars, the instrument of conveyance is subjec;
to stamp duty of five cents per sheet.
(See Agreement
Where there is sale Of land incumberei
with m 'rtgage. without covenant by the
grantee express or implied to pay mortgage
debt, the stamp must be APPROPRIATE to the
consideration Of the grant of which consider
alton the mortgage will not form a part.
Where the grantee assumes to pay the mort
gage debt is properly es,imatel as part OF the
consideration, and the stamp will be such as
s appropriate TO the whole value Of the land.
A good rale to observe in acknowledging
and in recording instruments, is TO make an
note in the acknowledgement or ON the record
amount of stamp duty affiqed, and the date
cancellation.