The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-02-27

again to use the said stamps, vellum. parcn-
ment, paper, or other material, or with Intent,
| frauduently, TO evade the duties imposed
by this act, or shall write or print, or
cause to be written or printed, any matters or
things, In respect whereof a duty Is payable,
paper, or other material, whereon shall have
been before written or printed any other
matter or thing, In respect whereof duty is
payable by this act, before such vellum, parch-
ment, paper, or other material, shall have
been again duly stamped or marked, accord.
Ing to this act, every such person so offending
shall. for every such offence, forfeit the sum OF
one hundred dollars, to be recovered by In
dlctment or information 10 the Circuit Court
of the county, one molety thereof to the nse
of the State, and the other moiety thereof 10
the use of the informer, who shall be compe.
tent witness upon the trial OF such indictment
or information.
< SEC. IL. That no instrument of writing
whatsoever, charged by this act with the pay
ment of a duty as aforesaid, shall be pleaded OF
given in evidence In any court of this State, or
admitted In any such court, to be available in
law or in equity, or shall be valid or available
for any purpose whatsoever, unless the same
shall be stamped or marked as aforesaid !:
PrvIded, That If any such instrument OF writ
ing shall have been written or printed upon
vellum, parchment, paper, or other material,
not marked or stamped according to this act,
or upon vellum, parchment, paper, or other
material, marked or stamped, for lower duty
than ought to be paid upon the same, then,
and in such case, 1t shall be lawful for the per-
son or persons holding such instrument to
make oath or affirmation, as the case may be,
that, at the time of making or receiving such
instrument OF writing, the said holder or hold
ers thereof did not know Of the requirements
of this act, requiring the said instrument to be
stamped or marked, as herein provided; or
that If he, she or they did know Of such re-
quirements, that the said instrument OF WRIT
log was made or received through inadvert-
ence or torgetfulness thereof, and with no In
tenlion to evade the provisions of this
act, and to pay to the clerk of the Circuit
Court of the coanty the duty chargeable
BY law on such instrument OF writing, together
with ten dollars In addition thereto, which
duty and additional sum such clerk Is hereby
authorized and required to receive, and to en-
dorse receipt thereof, under his hand, upon
some part Of such instrument OF writing, and
he shall also endorse thereon the oath or afhr-
nation, to be taken as aforesaid; after which
endorsements, and not otherwise, such ins'ru-
ment of writing shall be, TO all intents and
purposes, as valid and available as If The same
had been, or were, marked or stamped, as by
this act required; aud If any person, with In
tent to delraud this State OF any sum or sums
of money, directed to be paid bythis act, shall
counterfeit or forge, or cause or procure 10 be
counterfeited or forged, any receipt or en-
dorsement provided for, aud directed by this
act or shall, with the intent aforesaid, coun-
terfeit or forge, or cause or procure TO DE
counterfelted or forged, any stamp or mark
provided for, and directed by this act, or shall
utter, pass away. vend, or offer In evidence In
any court Of justice, any such forged or coun-
terfelted receipt or endorsement or mark or
stamp, knowing the same to be forged or
counterfeited, then every person 30 offending,
and being thereof convicted in due form of
law, shall be adjudged guilty of misdenea-
nor, and shall be fined In sum not exceeding
one thousand dollars, and be Imprisoned for q
term not exceeding seven years, ut the dis
cretion of the court.
SEC. IL. That 1t shall be the duty of the
said clerks, on the fret days OF February,
May, August aud November in each and every
year alter the passage OF this act, to account
with aud pay over to the State treasurer all
sum or sums OF money received oy then unaer
the provisions of this act, including the addi-
tional sums which they may receive under the
last preceding section, after deductlng there
from commission OF one per centum upon
the amount so paid over, as compensation
for their services, and the said account, which
shall be verified by the oath or affirmation OF
the said clerk, shall show the amount and
number OF stamps or marks remaining In
their hands. and, in case the said clerks shall
fail to account and pay, as aforesaid, within
fifteen days from the dates above fixed for
that purpose, the State treasurer shall give
notice thereof to the collector OF the proper
judicial circuit, whose duty 1t shall be to put
the bond of such clerk In suit, for the use OF
this State, which shall be liable therefor as
for any other default Of the principal obligor
or obligors therein, and recovery shall be
had upon said bond for the whole amount OF
stamps sent or delivered by the State 1reasur-
er to the said clerk with Interest at the rate OF
ten per centum per annum from time to time
of such default, and recovery upon the bond
of any OF the said clerks, for any default under
the provisions of this act shall be evidence OF
msbehsvior In Office, and ipso facto remove
such clerk from office, upon which the Gov
ernor Is hereby authorized and empowered to
fill such vacancy.
SIC. l3. That If any person OF persons, at the
time of the repeal of this act, shall have on
hand any quantity of vellum, parchment,
paper, or other material, stamped or marked
in the manner aforesaid, of which no use shall
have been made, such person or persons, upon
returning the same 10 the State treasurer,
shall be entitled to receive from him, out OF
the treasury of the State, the amount of the
duties on such vellum, parchment, paper, or
other materialso returned, as aforesaid.
SEC. IA. That every person who shall be en-
ployed or engaged in the marking or stamp
ing of veluu, parchment, paper, or other ma
terial, as aforesaid, SHALL before his acting In
the marking or stamping Thereof, take an oath
or affirmation that he will, to the best of his
knowledge and skill, faithfully, honestly and
carefully execute the trust reposed in him,
and will truly mark or stamp all Vellum, parch-
ment, paper, or other material, which he Shall
be required or directed TO mark or stamp, and
will render true and exact account thereof
to the proper officer OF officers.
SEC. 15. That nothing herein contained
shall be taken or held to prohibit the printing
or purchase,of the blank forms of any OF the
instruments OF writing herein enumerated:
Provided, The same, before being used. are
marked or stamped as by thls act required:
SEC l6 That the several clerks of the Cir