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Dolls, Cts.

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Probate of Will, certificate of appointment...

Protest upon bill, note, check, or draft..

Promissory Note.-[See Bills of Exchange, Inland.]

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deposit note to mutual insurance companies, when policy is subject to
duty, exempt.

renewal of, subject to same duty as an original note.

Quit Claim Deed, to be stamped as a conveyance, except when given as a release of a mortgage by the mortgagee to the mortgagor, in which case it is exempt.

Receipt for the payment of any sum of money or debt due exceeding twenty dollars, or for the delivery of any property.

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for satisfaction of any mortgage or judgment, or decree of any court,
exempt.

Sheriff's return on writ, or other process, exempt.

Trust Deed, made to secure a debt, to be stamped as a mortgage. conveying estate to uses, to be stamped as a conveyance.

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Warehouse Receipt for any goods, wares, or merchandise, not otherwise

provided for, deposited or stored in any public or private warehouse,
not exceeding five hundred dollars in value .....

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exceeding five hundred dollars, and not exceeding one thousand dollars.
exceeding one thousand dollars, for every additional one thousand dol-
lars, or fractional part thereof, in excess of one thousand dollars.....

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for any goods, &c., not otherwise provided for, stored or deposited in any
public or private warehouse or yard...........

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Remarks.

Revenue stamps may be used indiscriminately upon any of the matters or things enumerated in Schedule B, except proprietary and playing cards stamps, for which a special use has been provided.

Postage stamps cannot be used in payment of the duty chargeable on instru

ments.

It is the duty of the maker of an instrument to affix and cancel the stamp required thereon. If he neglects to do so, the party for whose use it is made may stamp it before it is used; but in no case can it be legally used without a stamp; if used without a stamp, it cannot be afterwards effectually stamped. Any failure upon the part of the maker of an instrument to appropriately stamp it renders him liable to a penalty of two hundred dollars.

Suits are commenced in many States by other process than writ, viz., summons warrant, publication, petition, &c., in which cases these, as the original processes, severally require stamps.

The jurat of an affidavit, taken before a justice of the peace, notary public, or other officer duly authorized to take affidavits, is held to be a certificate, and subject to a stamp duty of five cents, except when taken in suits or legal proceedings. Certificates of loan, in which there shall appear any written or printed evidence of an amount of money to be paid on demand, or at a time designated, are subject to stamp duty as "promissory notes."

The assignment of a mortgage is subject to the same stamp duty as that imposed upon the original instrument; that is to say, for every sum of five hundred dollars, or any fractional part thereof of the amount secured by the mortgage at the time of its assignment, there must be affixed a stamp or stamps denoting a duty of fifty

cents.

When two or more persons join in the execution of an instrument, the stamp to which the instrument is liable under the law may be affixed and cancelled by any one of the parties.

In conveyances of real estate, the law provides that the stamp affixed must answer to the value of the estate or interest conveyed.

No stamp is required on any warrant of attorney accompanying a bond or note, when such bond or note has affixed thereto the stamp or stamps denoting the duty required; and whenever any bond or note is secured by mortgage, but one stamp duty is required on such papers, and that stamp duty is the highest rate required for either of these instruments. In such case, a note or memorandum of the value or denomination of the stamp affixed should be made upon the margin or in the acknowledgment of the instrument which is not stamped.

INDEX.

A.

ABANDONMENT, in the law of marine insur-

ance, meaning of, 389.

not obligatory on insured, 390.
necessity of, 390.

of the right of, 390, 393.

of the exercise of the right of, 391.

how made, and by whom, 392.

must be distinct, 392.

if deficient in form, objections to, how
waived, 392.

when insured must elect whether or not to
abandon, 393.

acceptance of by insurer, 393.
of the effect of, 394.

masters and owners become trustees for
the insurers in respect to the property
abandoned, 394.

loss after must be made up by owner, 394.
ACCEPTANCE, of offer, when necessary to
make a contract, 48.

of bills of exchange, 187.

how may be made, cancelled, &c., 187.

can be done only by the drawee, his agent,
or some one who accepts for his honor,
188.

no holder is obliged to receive an accept-
ance for honor, 188.

holder may accept or refuse a qualified, 187.
presentment for, 172.

or payment, for honor, 188, 189.

of abandonment in insurance, 393.

of insurer, not necessary to give full effect
to an abandonment, 393.

ACCEPTOR, of bill of exchange, 151.

of bill, bound to pay the same at maturity,
170.

rights and duties of, 187, 188.
ACCOMMODATION PAPER, incidents of, 166,

ACKNOWLEDGMENT, necessary before record-

ing deeds, 436, 437.

ADJUSTMENT, of average, 333.

by whom made, 334.

when binding, 334.

difference between marine and fire policy,
in, 418.

ADMINISTRATORS, and executors, law of,
powers and duties of, 645.

AFFIRMATION, of consignee or agent, 357.
AGENCY, in general, 192, 193.

may be established by subsequent ratifica-
tion, 195.

general rules of, 195, 196.

rights of action, growing out of, 200, 201.
AGENT, acting under del credere commission,

205.

must obey all instructions, 206.

commercial jurisdiction over seamen, 345.
extent and duration of authority of, 197,

198.

general and particular, 193.

binds the principal by his acts, 192.
liability of, 200.

may receive his authority how, 194, 195,
196.

acts of, may be ratified by principal after-
wards, 195.

may insure against fire, 408.

when master of ship is, 338.

in general, is entitled to indemnity from
principal, 203.

cannot appoint a sub-agent unless author-
ized, 203.

is bound to use all reasonable care and
skill, 203.

is responsible for any breach of duty, 203.
employed to sell property, cannot buy it
himself, 204.

must keep exact account of all doings, 204.
665

AGENT, when he may throw up the agency at
pleasure, 205.

authority of, is revoked by insanity, 205.
AGREEMENT AND ASSENT (chap. vi.) 45.

the legal meaning of, and requirement of,
45.

when parties understand each other differ-
ently, what their rights, 46.

in construing, the intention of the parties
always a guide, 47.

mistakes of fact in, may be corrected by the
courts; mistakes of law cannot be, 47.
what a legal assent is, 48.

offers made on time, 48.

a bargain made by correspondence, 49.
what evidence may be received in reference
to a written contract, 51.

of custom, or usage, 53.

to do work, when broken by promisor,
without good cause, he cannot recover, 95.
rules for determining, when original agree-
ment has been somewhat departed from,
96.

when may be and when it should be made
without seal, 97.

when under seal, and so formed that it be-
comes an indenture, 97.

when by one only, without seal, it is a
simple promise, 97.

when by one only, under seal, it becomes a
bond, 97.

to be performed within a year, when not
affected by statute of frauds, 139.
form and subject-matter of, 139, 140.

if name be printed to, may be sufficient
signature, 140.

AGREEMENT, when it should be written and
signed by both parties, 57.

not controlled by oral testimony, except in
case of fraud, 57.

for sale of lands, should always state cov-
enants contemplated, 65.

for arbitration, not binding on any, unless
all have entered into it, 92.
ALABAMA, law as to rights of married women
in, 17.

ALIENATION, in the law of insurance, what is

considered such as to terminate the
insured's interest, 417.

consent of insurer should be obtained to,
417.

of policy, 416.

ALLOWANCE, in the law of insurance, of new

for old, 391.

ALTERATIONS, of policy of insurance, 364.

effect of, on insured property, 405, 406.
prudent to obtain insurer's assent to, 406.

APPRENTICES.

obligations of the master, 12.
obligations of the apprentice, 12, 13.
what misconduct of, authorizes a discharge
of him by his master, 13.

seducing an apprentice away from his mas-

ter, liability for, 13.

APPLICATION, for insurance, how made, 402.
ARKANSAS, law as to rights of married women
in, 18.

ARBITRATORS, submission to, when it may be
set aside by either party, before award
made, 240.

ARBITRATION, is favored by law, 236.
ARTICLES of shipping, 342.

ARREST, of vessel, how affecting insurers, 383.
ASSIGNMENT, definition of, 106.

of policy of insurance, 364.

of policy, avoids it, when, 416.

of policy, should be made on it, 421.
always best to secure the insurance-compa-
ny's assent to, 422.

of policy, what constitutes, in life-insurance,
428.

ATTACHMENT.-See Recovery of Debts, 599.
AUTHORITY, extent and duration of agent's,
197.

execution of, must be conformed to with
strictness, 199.

of ship-master, 338-340.

AVERAGE, general, 331, 395.

when within the scope of insurance, 395.
what is not included in, 332.
adjustment of, 333.

adjustment of, by whom made, when, 334.
AWARD, essentials of, 236.

must be certain, 237.
must be possible, 237.

when fully made, none of the parties have
further control, 241.

should be sealed up and delivered to all the
parties, 242.

must be reasonable, 238.

must be final and conclusive, 238.
no especial form of, necessary, 239.
the directions in submission of, must be
strictly followed, 239.

set aside, if "procured by corruption or un-
due means," 239.

set aside, if the arbitrator has made a mate-
rial mistake of law or fact, 239.

B.

BAILEE, may Insure against fire, 408, 409.
BANKS, receive more than legal interest, 274.
BANK BILLS, are promissory notes of a bank,
payable to bearer, 164.

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