Chap. 0008 AN ACT IN ADDITION TO AN ACT, INTIT[U]LED "AN ACT FOR GRANTING TO HIS MAJESTY SEVERAL DUTIES UPON VELLUM, PARCHMENT AND PAPER, FOR TWO YEARS, TOWARDS DEFRAYING THE CHARGES OF THIS GOVERNMENT."
"Whereas, in arid by an act, intit[u]led "An Act for granting to his majesty several duties upon vellum, parchment and paper, for two years, towards defr[a][e]ying the charges of this government," made and pass[e]'d in the present year of his majesty's reign, a duty is laid in the words following; vizct]., "for every" p[ei][?e]ce of vellum or parchment, sheet or p[ei][?e]ce of paper, on which any deed or mortgage of any real estate, the consideration whereof shall be less than twenty pounds, or any bond or obligation, those taken in the probate office excepted, or other sealed instruments, shall be engross[e]'d or written, twopence" ; and altho' it was fully intended that no wills or other instruments that were to be presented to, or transacted in, the probate office, should be liable to any duty, and that no warrants of any sort should be subjected to any stamp, yet, some doubts have arisen, whether that clause in the aforesaid act, " or other sealed instruments," does not make it necessary that all instruments not particularly mentioned in said act, should be stampt, to render them good and valid ; wherefore, for removing such doubts for the future,?
Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That no wills or other instruments that are to be presented to, or that are transacted in, the probate office, and no warrants from any person or persons that are authorized and impowered by law to grant the same, shall be liable to be stamp[t][ed], but that the same shall be held good and available in law to all intents and purposes, without being stampt, anything in the afore-mentioned act notwithstanding.
And be it further enacted,
[Sect. 2.] That the commissioner or commissioners appointed, or to be appointed, to receive the dufies mentioned in the aforesaid act, shall not stamp, or cause to be stampt, any capias, original summons, or any writ of review, writ of scire facias, or writ of execution, or any other writ[t]s whatsoever, after the same is filled up, nor any deed, bond or other instrument, after the same is signed or sealed. [Passed June 25 ; published June 27.