PATH2FRDM - UPU TREATY - U.S. Stamp Duties 1863
PATH2FRDM - UPU TREATY - U.S. Stamp Duties 1863
PATH2FRDM - UPU TREATY - U.S. Stamp Duties 1863
^^p*}***^% W.
CONTAINING ALL
INCLUDING THE
SAN FRANCISCO :
1863.
u -"'
I
#
<i
CONTAINING ALL
SAN FRANCISCO:
PUBLISHED BY KENNY & ALEXANDER, BOOKSELLERS AND STATIONERS,
No. 608 Montgomery Street.
1863.
San Francisco, )
.
WM. Y. PATCH,
Collector Internal Revenue, 1st District, Cal.
GENERAL PROVISIONS
OF T H E
Sec. 94. And be it further enacted, That on and after the first
amp
day of October, eighteen hundred and sixty-two, there shall be
levied, collected, and paid, for and in respect of the several in-
struments, matters, and things mentioned, and described in the
schedule (marked B) hereunto annexed, or for or in respect of
the vellum, parchment, or paper upon which such instruments, Schedule B.
ating such stamp, except as before mentioned, he, she, or they penalties,
shall forfeit the sum of fifty dollars. Provided, nevertheless, That
any proprietor or proprietors of proprietary articles, or articles Proviso,
subject to stamp duty under schedule C of this act, shall have the
to the United States, in Schedule C.
privilege of furnishing, without expense
suitable form, to be approved by the Commissioner of Internal
Revenue, his or their own dies or designs for stamps to be used
thereon, to be retained in the possession of the Commissioner of
Internal Revenue for his or their separate use, which shall not
be duplicated to any other person. That in all cases where such
stamp is used, instead of his or their writing his or their initials
and the date thereon, the said stamp shall be so affixed on the
box, bottle, or. package, that in opening the same, or using the
contents thereof the said stamp shall be effectually destroyed ;
and in default thereof, shall be liable to the same penalty
imposed for neglect to affix said stamp, as hereinbefore prescribed
in this act. Any person who shall fraudulently obtain or use
any of the aforesaid stamps or designs therefor, and any person
forging, or counterfeiting, or causing or procuring the forging or
counterfeiting any representation, likeness, similitude or colorable
imitation of the said last-mentioned stamp, or any engraver or
printer who shall sell or give away said stamps, or selling the
same, or being a merchant, broker, peddler, or person dealing,
in whole or in part, in similar goods, wares, merchandise, manu-
Penalt for
factures, preparations, or articles, or those designed for similar forging or
rfeitlDg
objects or purposes, shall have knowingly or fraudulently
in his, s amps
her, or their possession any such forged, counterfeited likeness,
similitude, or colorable imitation of the said last-mentioned stamp,
shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be subject to all the penalties, fines, and forfeitures
prescribed in section ninety-three of this act.
Sec. 100. And be it further enacted, That if any person or
persons shall make, sign, or issue, or cause to be made, signed, prns of ex-
or issued, or shall accept or pay, or cause to be accepted or paid, e ote
'
|^]?tf et J t^
with design to evade the payment of any stamp duty, any bill of be stamped.'
exchange, draft or order, or promissory note for the payment of
money, liable to any of the duties imposed by this act, without
the same being duly stamped, or having thereupon an adhesive
stamp for denoting the duty hereby charged thereon, he, she, or
they shall, for every such bill, draft, order, or note, forfeit the
sum of two hundred dollars. Penalty.
upon the same, as the law requires for inland bills of exchange,
or promissory notes ; and no bill of exchange shall be paid or
negotiated without such stamp; and if any person shall pay or
Penalty. negotiate, or offer in payment, or receive or take in payment,
any such draft or order, the person or persons so offending shall
forfeit the sum of one hundred dollars.
Sec. 102. And be it further enacted, That the Commissioner
of Internal Revenue be,hereby, authorized to sell to and
and is
011 10
collectors farther, That any proprietor or proprietors of articles named in
schedule C, who shall furnish his or their own die or design for
stamps, to be used especially for his or their own proprietary
articles, shall be allowed the following discount, namely on :
menSoxempt same is chargeable with any duty and if the said Commissioner
;
from duty.
gjiall is not chargeable with
be of opinion that such instrument
any stamp duty, it him, and lie is hereby
shall be lawful for
That only one stamp shall be required, whether sent through one Penalty.
or more companies.
Sec. 105. And be it further enacted, That on and after the
date on which this act shall take effect, no express company or Express compa-
its agent or
employee shall receive for transportation from any "efvepacka^
person any bale, bundle, box, article, or package of any descrip- without stamp.
tion, without either delivering to the consignor thereof a printed
receipt, having stamped or affixed thereon a stamp denoting the
duty imposed by this act, or without affixing thereto an adhesive
stamp or stamps denoting such duty, and in default thereof shall Pena i ty
incur a penalty of ten dollars Provided, That but one stamped
:
receipt or stamp shall be required for each shipment from one p rov iso.
party to another party at the same time, whether such shipment
consists of one or more packages And provided, also, That no
:
Se^ot^o^be before the duty thereon shall have been fully paid, by affixing
111011 * thereon the proper stamp, as in this act provided, or who shall
stam^
hide or conceal, or cause to be hidden or concealed, or who shall
remove or convey away, or deposit, or cause to be removed or
conveyed away from or deposited in any place, any such article
or commodity, to evade the duty chargeable thereon, or any part
thereof, shall be subject to a penalty of one hundred dollars,
together with the forfeiture of any such article or commodity:
Provided, That medicines, preparations, compositions, perfumery,
and cosmetics, upon which stamp duties are required by this act,
may, when intended for exportation, be manufactured and sold,
or removed without having stamps affixed thereto, and without
Proviso.
being charged with duty, as aforesaid ; and every manufacturer
or maker of any article, as aforesaid, intended for exportation,
shall give such bonds and be subject to such rules and regulations
to protect the revenue against fraud as may be from time to time
remov-
articles
m
eac^ an(j everv onth make and sign a declaration in writing that
9
ceding month, or time when the last declaration was made, been
removed, carried, or sent, or caused, or suffered, or known to
have been removed, carried, or sent from the premises of such
manufacturer or maker, other than such as have been duly taken
account of and charged with the stamp duty, on pain of such Penalty,
manufacturer or maker forfeiting for every refusal or neglect to
make such declaration one hundred dollars and if any such ;
SCHEDULE B.
STAMP DUTIES.
Duty.
Dolls, cts.
Agreement or contract, other than those speci-
fied in this schedule Agreement.
any appraisement of value
:
Duty.
Dolls, eta.
Duty,
Dolls, cts.
Duty.
Dolls, cts.
Duty.
Dolls."cts.
Duty.
Dolls, cts.
SCHEDULE C.
Duty.
Dolls, cts.
Duty.
Dolls, cte.
sixty-two.
Be it enacted
by the Senate and House of Representatives of
the United States of America in Congress assembled, That the sessors, etc., ait-
" "
The item marked Express on page 89 of the Excise Law, was
not intended to embrace the freight business of railroads and ordinary
wagoners, but is limited to persons who are express carriers, and not
merely common carriers, under the law. The distinction is very well
known in practical business. The express carrier is usually expected
to take the parcel, box or bundle, from the house or place of business
of the consignor to the house or place of business of the consignee, while
a railway company receives and delivers goods only at its own stations.
but in the ordinary use of language, this close construction does not
hold. Had Congress intended to include receipts, it would have so
provided in plain language.
Marriage contracts are subject to a ten cent stamp duty, under the
clause " Certificate of any other description than those specified."
20
The same rule applies to the certificates, orders, etc., of county, city
and town officers.
The form of affidavit, "sworn, etc., etc.," is not a certificate under the
affixed and canceled by the operator at the office where the message
is repeated.
rent, and to sell real estate, requires a one dollar and sixty cent stamp.
jointly, one stamp only is required, which may be affixed and canceled
by either of the parties.
and an open policy will require but one stamp when the risks entered
under each policy are all upon property of the policy-holder.
All life insurance policies are subject to stamp duties when the policy
22
Bills of sale of vessels, or other bills of sale, do not come within the
meaning of the Excise law, and are therefore exempt from stamp duty.
Bonds for the conveyance of land come within the meaning of the
second clause of schedule B, pertaining to bonds, and are therefore sub-
ject to a stamp duty of twenty-five cents.
Trustees' bonds come within the meaning of the first clause of the
schedule pertaining to bonds for the due performance of official duties,
son who makes, signs, and issues, etc., without affixing the stamp, incurs
the penalty as aforesaid, and is liable to prosecution therefor ; and the
instrument or document is invalid in consequence of such neglect.
Sec. 99 provides :
" That the person using or affixing the stamp,
shall write thereupon the initials of his name, date, etc."
Other portions of the law impose penalties upon persons who receive
documents or articles subject to stamp duty from the person who makes,
I am
therefore of the opinion that a faithful compliance with the
First: That all papers subject to stamp tax, shall have the stamp
affixed before the same is issued.
The only exception that exists in the law to the above ruling, is in
the case of a bill of exchange, or order for the payment of any sum of
indicating the duty upon the same, as provided by Sec. 101 of the
Excise law.
25
10
"
25 "
Charter party 3 00
" 5 00
" 10 00
10 "
Contract
50 "
Conveyance
1 00
2 00
" 5 00
10 00
20 00
1
"
Telegram
3 "
25 "
Entry of goods
" 50 "
" " 1 00
30
Lease 50 cts.
" 1 00
Manifest 1 00
3 00
5 00
50 "
Mortgage I
" 1 00
2 00
" 5 00
" 10 00
15 00
50 "
Passage ticket
" 1 00
Power of Attorney 10 "
" " 25
"
1 00
"
Probate of Will 50
" " 1 00
" " 2 00
" 5 00
" 10 00
" " 20 00
25 "
Protest
Warehouse receipt 25 "
"
Legal document 50
"
Proprietary Stamps Medicines, Perfumery, etc 1
It <l (t a <l
"
Playing Cards 1
" 2 "
< Q I*
" 4 "
" " 5
'*
IN ORDERING STAMPS,
As the kinds are used indiscriminately, as is seen by the Act of Dec.
" "
- 1
1
TERMS UPON WHICH STAMPS ARE SOLD,
" On "
WM. Y. PATCH,
Collector First District, Cal.
FROM AN ACT AMENDATORY OF THE ACT OF
JULY 1, 1862.
[The rulings of the Commissioner in the preceding pages arc based on the
act before its amendment. The few instances where they differ with the
amendment and schedule now given will be readily observed.]
Sec. 2. And be it further enacted, That on and after the first
day of May, eighteen hundred and sixty-three, no person or per- Jj^JZ
tick< ts
J
a sum equal to twice the amount paid for such ticket or frac-
tional part thereof, token, certificate, or device, or staked or
invested in or upon any policy of numbers as aforesaid, with just
and legal costs: Provided, further, That the stamp duty herein
provided for shall be classed in the act to which this act is an
amendment under Schedule B, as follows, to wit :
"
tickets, fractional parts of lottery tickets, policies of
Lottery
.
Amount or
, numbers
in lotteries,7 tokens, certificates, or devices in any
. J form,7 .
or silver coin of the United States, as aforesaid, or of any certifi- J ^ " xceed
cate or other evidence of deposit, payable in gold or silver coin, par value,
shall be made, exceeding in amount the par value of the coin
Not exceeding
6 months and 3
If r
,
payable at
/ any time not
-..'. ,,
less than four months, as aforesaid,
t., : - #
,
.
days, o cents, and not exceeding six months j.from date or sight or grace, of six
cents (06).
Exceeding six If payable at any time exceeding six months from date or
1
*' 10
cents"! sight and grace, of ten cents (10).
And that Schedule B, following section one hundred and ten,
stamp duty on be, and is hereby, further amended, so that the stamp duty on
111
cert ificates f an y other description than those specified in said
cite 's ^ents
schedule, in lieu of ten cents as therein prescribed, shall be five
cents (05).
On passage tickets by any vessel from a port of the United
States to & foreign port, costing thirty dollars or less, fifty cents
Foreign passage
tickets, 50 cents.
(50).
On any power of attorney for the sale or transfer of any scrip
Power of attor- r certificate of profits or memorandum, showing an interest in
cv to trsiisicr
11
cents. perils by sea, or by fire, or other peril of any kind, made by any
insurance company or its agents, or by any other company or
person, in which the premium or assessment shall not exceed
ten dollars, ten cents (10).
On any bill of sale by which any ship or vessel, or any part
vessel' not ex- thereof, shall be conveyed to or vested in any other person or
8 $500 ^
persons, when the consideration shall not exceed five hundred
'
cents"
dollars, there shall be affixed a stamp or stamps denoting a duty
of twenty-five cents (25).
If the consideration exceeds five hundred and does not exceed
f^ooofeo cen&. one thousand dollars, the duty shall be fifty cents (50).
If the consideration exceeds one thousand dollars, for each
Additional and every additional amount of one thousand dollars, or any
fheroof; 5onts.
fractional part thereof, in excess of one thousand dollars, the
duty in addition shall be fifty cents (50).
Assignment On each and every assignment or transfer of a mortgage,
oriSnaf ilf r-
^ ease ? or
policy of insurance, a stamp duty shall be paid equal
tain cases. to that imposed on the original instrument.
in the United States; and the party to whom the same is issued,
liy whom stamp-
or hy w 1Qm jt ig tQ be uged? slmll? before uging tne samej affix
j
Provided, That the stamp duty placed thereon is the highest rate
required for said instruments, or either of them nor on;
certifi-
, . A ,
, . Certain certih-
other articles nor on deposit notes to mutual insurance compa- cate exempt,
;
Express
^ec. 10* And be it further enacted, That on and after the
compa-
nits. first
day of April, eighteen hundred and sixty-three, any person
or persons, firms, companies, or corporations,
carrying on or do-
ing an express business, shall, in lieu of the tax and stamp du-
Duty, 2 per cent- ties imposed by existing laws, be subject to and pay a duty of
ceiptM payable"
tw0 P er centum on the gross amount of all the receipts of such
f ex ress
tb district^ P business, and shall be subject to the same provisions,
rules, and penalties as are prescribed in section eighty of the act
to which this is an amendment, for the persons, firms, companies
or corporations owning or possessing or having the management
of railroads, steamboats, and ferryboats and all acts or part of
;
tor exportation, under the direction ot the revenue officer having without excise
or stamp duty '
,
so used shall be exempt from stamp and excise duty. Articles Articles used in
and materials so to be used may be transferred from any bonded J uch manufac-
warehouse in which the same may be, under such regulations as from stamped
the Secretary of the Treasury may prescribe, into any bonded excise duty-
warehouse, class two, in which such manufacture may be con-
ducted, and may be used in such manufacture, without payment
40
by this act.
COMPLETE SCHEDULE OF STAMP DUTIES,
AS AMENDED BY THE ACT OF CONGRESS, APPROVED MARCH
3d, 1863.