Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1865-02-10
TRFtsUEY DEPArsESr.
0FfICE Of Internal kEvESuE
NAsHISGr5N, ssu. a.. 1865

SIR The letter O.; Merritt q &C. - deem
beer ~, F1n their letter 90 you Of yhe same date
in relation TO ihs stamping II receipts. ma been
received
The las requires All receipts Tor fhr uaynent
/ OF any sun of money or for the JJay ment q adv
/ debt due exceeding twenty doll au or f5r the
I delivery az any property, 70 be stamped, except
ilE receipts for the satisfaction Of any mortgage
/ OF judgment or decree OF any court. which are
,1,mpt
Receipts for the payment Of money. or OF q
ieot iue, require 90 be sta npei only shen n.
{ amount exceeds 50. Th IS includes receipts for
si.nre- or pay on the pay, -rois Of compsnies q
corporations ur IuIlyidu .ls or for dividends or
interest 7u the booss OF banks or ether tru,t
companies or any recei % for the payment Of
uy amount exceeding 80. signed by the party
rcriylng ], or boy his authority. such signAtur.
a. ~ De The fall nan christian or sirname-
uiua.s, ur any marx or char ,cier adopted ~ =
that purpose and nay br written With INK o. o N
cd, or printed IT stamped upon the instrument
credit cn q account or pass book OF on 4
bill. u'sthyt.f sigagtlrs. De- not RECEIPT, and i.
not 50 hrect 90 stamp duty. A letter ackn..sleIr.
ing lie payment Of money or Of debt IL 10 M
inieD Is and purposes receipt. snd ~ ni.,t 10
stan % duty such, but tue ackuos lei ,rment n,
the receipt Oi note, check, or drsft y. not a re-
" - A4A AANiFt uNI ffi Na properly
Dir arv Accepiati0u OF that term anj : not .uh
jcc 10 stamp luty unless specified to nave been
re oeiyed IN payment Of debt due exceeding so
Receipts Tor the delivery Of any property are
object 10 stamp duty without regard 10 the
AMOUNT Of value u such property. and this COW
ers every receipt or 4csnoH .eigmeut Of the de-
livery OF any property. IL ,eyeral receipts are
Z given which are nfierWard taken up and a new
/ one gwen Tor the whole, ga ch receipt must be
stamped " here number Of receipts sre tax
I 'n tn 70 -heyi ur page, such as dividend books
pay -.Il-. ryc,ipi hooks Uf savings banks. ex-
I pres ,,mp tnie-. or the lik e. the party having
ou' toe mooney OF d,ln,riug the property NAV
'ihH zoe CO., more stamps % each ptge covering
i1e as-Irsi', 7inpdhi lamp iuty required VI
boz several rcripts upon thst page. and the
-.al of the gl'erument would he thereby sst,s-
n-I; huJ the question Us 20 the ,aliii'y Of any
one Of The releipts 50 stamped is one which such
party must settle Tor himself
ruon l'i Of the iaW imposes the st-mp duty
upon ihe parts mixing. signing. or issuing the
us,tumyuf, OF upon the party f,r shoe. uss the
Instrument i 10 tie; and Section 1876 pr,v;d.s
that the patty using or stt1ng the stamp .hsll
cancel the same with his initials and the date
upon which the same shall be attached Of u,-i
thus 81 arlJ contemI liiag that the stamp NAV
De- affixed and Cancelled by either the maker or
tie party for whose use II wss inside.
Under the provisions Of section ISL. the nav
ment Of Tie stamp duty is imposej upon the
party Tor whose use the instrument j. msde-,p
Just a. strong terms As II is upon the making
the instrumtn', and It is not in the power Of tn,
Commissioner TO say, or prescribe that il mean.
ute any more than the other.
II the Instrument is made and issued il must
be stamped rs required by lAw. Il might have
been better that Congress should have made this
matter certain by imposing the paymen, Of the
stamp duty upon the maker in all cases, but il
vas not 50 done. They have, 10 be sure. impos
ID = persl'y uOon the party making. signing
or ISSUING an instrument required by law u be
stamped, With intent TO evade the law. but if
here Is 10 intent to evsde the law no ueuslty
attaches 10 the maker
Who're party is bound BY law, or contract,
10 execute AMI deliver sn instrument. he vould
he bound 70 deliver valid and legal instrument.
rnd OF course stamp it. if 3 stamp j. REQUIRED by
1 e Law; but where he is not bound 10 deliver
such instrument, he may well enough decline 10
rRecu'e It, unless the party for whose use i, i.
made furnish the stamp.
As The Law stands, the Commissioner cannot
require one party TO pay the stamp duty auy
n"re than the other, but If an instrument !.
made and issued upon which stannp duty !.
imposed, the law requires that il should have
The proper stamp for ienoiing that s,smp SB,v
linked aui csnosl,d Very respec,fuiIv
JOSEPH ". LEWIS. Commisiioner
Hon. J. b. ALLEY. VI. C.,
House Of Representatives, Washington. d c. |