West-Jersey pioneer., 1867-07-19
STAMPS INTERNAL REVENUE
DECISIONS,

As matter OF interest we give the fol-
lowing decisions on question of daily bust
ness transaction, eondenced from the
rulings of the Commissioner OF Internal
Revenue
Who shall afix Stamps to instruments
OF Writing?
The law does not designate which of
the parties to an instrument of writing
shall furnish the necessary stamps, nor
does the government assume to determine
that it shall be supplied by one party
rather than another. The afixing of a
stamp may be the subject Of agreement
between the parties thereto; but if an in
strument subject to stamp duty Is issued
without having the necessary stamp af-
| fixed thereto, it cannot be recorded, or
admitted, or used as evidence in any
court, until legal stamp has been affixed,
and the person who thus issues it is
liable to penalty if he omit the stamps
with the intent to evade the provisions of
the law.
Executors and Administrators The Of
fetal bonds of Executors. Administrators
and Guardians, are subject to stamp
tax Of one dollar each. Receipts taken
by Administrators, Executors, Guardi-
ans, Trustees, etc., to be used as vouch-
ers in the settlements of their accounts,
are subject to the same stamps as other
receipts.
Receipts Of attorney. No stamp is
required upon the receipt of an Attorney
for note or other claim left with him
for collection.
STAMPS ON SALES OF REAL ESTATE. -
The actual Consideration Of value" and
not the mere nominal consideration, de-
termines the amount Of stamp tax upon a
conveyance of reality sold
MARRIAGE CERTIFIcATEs.-Am marri-
age certificate issued by the officiating
clergyman or magistrate, to be returned
to any officer of a State, county, town,
&c, to constitute part Of a public record,
requires no stamps; but if it is to be re-
tanned by the parties, five cent stamp
must be affixed
LANDLORD AND TENANT.-A notice
from a landlord to his tenant to quit pos
session of premises, requires stamp.
According to recent revenue decis-
ion bond to convey real estate requires
stamps to the amount of twenty-five
cents. A mortgage given to secure a
surety from loss, or given for any pur-
pose whatever, other than as security for
the payment of definite and certain
sum Of money, is taxable only as an
agreement or contract. Upon every as
signment or transfer of mortgage, a
stamp tax is required equal to that i'm
posed upon mortgage for the amount
remaining unpaid; this tax is required
upon every such transfer in writing,
whether there is sale of the mortgage
or not; but no stamp is necessary upon
the endorsement Of negotiable instru-
ment, even though the legal effect of
such endorsement is to transfer mort
gage by which the instrument is secured.
The official bonds of administrators, ex-
ecutors, and guardians, are subject to a
stamp tax of one dollar each, as bonds
for the execution or performance of the
duties of an office Receipts taken by
administrators, executors, guardians,
trustees, &C., to be used as vouchers
upon the settlements of their accounts,
are subject to the same stamp taxes as
other receipts Partition deeds between
tenants in common, need not be stamped
as conveyances, inasmuch as there is no
case OF reality, but merelya making out,
or defining of the boundaries Of the
part belonging to each; but where money
or other valuable consideration is paid
by one co-tenant to another for equality
Of partition, there is sale to the extent
of such consideration, and the convey
ance by the party receiving it should be
stamped accordingly.