monies, or residue, or part or share of residue given for the benefit of

Per Cent.

2.10 0

A brother or sister, or any descendant of a bro. ther or sister of the deceased,

A brother or sister of a father or mother, or any descendant of a brother or sister of a father or mo. ther of the deceased

A brother or sister of a grandfather or graudmother, or any descendant of a brother or sister of at grandfather or grandmother of the deceased

4 0 0

500

Any person in any other degree of collateral consanguinity, or any stranger in blood to the deceased 10 0 0 And so after the same rate for any greater or less sum. Legacy, or residue for the benefit of the husband or wife of the deceased, or of any of the royal family, exempted.-And the father or mother, grandfather or grandmother of the deceased are not chargeable with any duty.

By Sect. 4. The act does not extend to charge with the du. ties thereby granted, any specific sum or sums of money, or any share or proportion thereof, charged by any marriage settlement or deed, or dads, upon any real estate, in any case in which any such specific sum, &c. shall be appointed or ap portioned by any will or testamentary instrument, under any power given for that purpose, by any such marriage settle. ment, &c.

By Sect. 5. The duties on legacies, &c. charged on real es tate, are to be paid by the trustees, (if any) or by the persons entitled to such estate.

By Sect. 7. The duties on legacies granted by sfat. 44 Geo. 3. c. 98. and by this act, shall be paid according to the provi. sions of stat. 36 Geo. 3. c. 52. and all the regulations, &c. in that act contained in relation to legacies out of personal estates, or to the collecting any duties thereon, or valuation of any annuities, or periods of paying the duties thereon by instaliments or otherwise, shall, so far as the same can be made applicable, and in all cases not expressly provided for by this act, extend to legacies, annuities, and shares of money arising out of any real estate. And all penalties in the said act contained, applied to all trustees and owners of any real estate chargeable with the duties imposed by this act.

NOTE.-Printed forms of receipts for legacies, annuities, and residues, may be had by applying at the office, or to the distributers. And the last act directing the account of these duties to be kept separate, it is necessary to take receipts for legacies satisfied out of the real estate, distinct from those paid out of the personal estate of the deceased.

The provisions of the stat. 36 Geo. 3, c. 52, are as follows:

NEW LEGACY DUTY LAW.

By 36 Geo. 3. c. 52, the commissioners are to appoint receivers of duties in the different counties in Great Britain, and to keep proper accounts thereof. s. 4.

The commissioners are also to provide printed forms of receipts so that any party may be at liberty either to fill up such printed forms, or to use others of the like kind.

S. 5.

Executors or administrators on retaining for his, or her, or their own benefit, or for the benefit of any other person, or paying any legacy or residue of personalty, or any part of legacy or residue, are to deduct and retain the duly out of such legacies or personalty, and the duty so deducted is to be accounted for, and paid by, and to be considered a debt due from them to his majesty (except as may after in certain cases otherwise appear.') s. 6.

And if they pay legacies without deducting the duty except as per s. 21.) the same is to be a charge upon and accounted for, as well by the executor, &c. as the legatec. Ibid.

Any gift by any testamentary instrument of any person What deemed dying after the passing of the act, and which may have effect, legacies.

or be satisfied out of personal estate, whether given by way of

annuity or in any other form, and charged only on personal estate, or on real estate also. s. 7.

And every gift taking effect as a donation mortis causa. Ibid.

The value of annuities are to be calculated according to the fencies of aatables in the schedule annexed to the act. s. 8.

The duty chargeable thereon is to be paid by four equal annual instalments, viz. the first instalment to be made on completing the payment of the first year's annuity, and the three others in like manner successively. Ibid.

But if the annuitant shall die in the interim of such four years, then such duty to be payable in proportion only to so many payments of the annuity as may have been actually made or become due or payable. Ibid.

And if any annuity shall determine upon any other contingen. cy, then not only all payments of duty which might become due after the happening of such event to cease; but also a return of so much of the duty paid as will reduce the same to the duty payable for the time such annuity endured to take place, to be determined by the tables annexed. Ibid.

Legacies given by way of annuities charged on, and made If payable cut payable out of, any other legacy to be calculated and charged of other lega as the foregoing. s. 9..

The duty for such annuity to be retained and paid by the person intitled to the legacy on which it is charged out of, and by the four payments to be made in manner and subject as above mentioned; and the duty on the legacy charged with such annuity to be calculated on the value of such legacy after deducting the value of such annuity. Ibid.

cies.

Legacies given to purchase annuities.

In case of

The duty on legacies given to purchase annuities, to be cal culated on the sums necessary to purchase them, according to tables, and to be deducted from such sum, and paid as in the case of other pecuniary legacies. s. 10.

Legacies whose value can only be ascertained by application funds allotted of the allotted fund, to be charged with duty from time to time to pay legacies on the money actually applied as separate and distinct legacies, and be paid out of the applicable fund.

Legacy of money to be enjoyed in suc-) cession.

Specific bequest of plate

or the like.

Legacies, &c. 26 jonit tellancy.

Legacies, &c.

s. 11.

Duty on legacies, or shares of personalty enjoyed by persons in succession, or having partial interest, but of the same affinity to be paid as in the cases of a legacy to one person. s. 12.

Duty to be accounted for by executor or administrator as aforesaid, and if transferred to trustees to be deducted out of the share so vested, otherwise out of the whole capital given. Ibid.

If not so related, persons becoming entitled for life or other temporary interest, to be charged with and pay duty, in like manner as for an annuity. Ibid.

And to be accounted for by executor or administrator as parties successively become entitled, unless a trustee is appoint. ed, and the property bequeathed, paid, or transferred to such trustee, in which case trustees are to be chargeable and accountable in the stead of executors, &c. Ibid.

And taking any other partial interest, to pay the same duty as is charged on property given, otherwise than to persons in succession.

Ibid.

Persons enjoying and leaving the disposal of such partial interests, to be charged with and accountable for duty, and not ' executors,' &c. Ibid.

6

And persons becoming absolutely entitled in succession, to pay duty as if such right had taken place immediately on the death of the testator, and to be accounted for by executor or admi. nistrator as aforesaid. Ibid.

Plate, furniture, or other things not yielding income, en joyed in kind, by persons not having a power of disposition are not liable to duty until possessed by some person' having power to dispose thereof, or having an absolute interest therein, who are to pay the duty thereby accruing, and to be wholly a charge against such person, notwithstanding any 'executor or administrator may have consented to any such sale.'

8. 14.

Legacies or personalty enjoyed in succession to be charged as such, whether taken under wills or by intestacy. s. 15...

Duty on legacies or residuary shares in joint tenancy, to be paid in proportion to the interest of the parties, and to be chargeable on the person whose interest shall be liable to duty, and if an increase of duty shall become due through survivor ship or severance, the same to be accounted for in the same man. ner as for bequests in severalty. s. 16.

Legacies or shares of residuary property subject to contin subject to con- gencies which may defeat the gift (except as to anuuities), te

tingencies.

be charged with duty as an absolute bequest, and payable out of the capital of such legacy, &c. by the person taking such contingency, notwithstanding such person may not be so chargeable: and if such contingency shall afterwards descend in such manner that if taken immediately on the death of the deceased a higher rate of duty would become due than the duty so first paid, the difference to be accounted for, and paid accordingly by, and be charged upon the person so becoming entitled. s. 17.

Legacies of shares of residue, subjected to a power of appoint- Legacies, &c. ment for the benefit of persons specially described to be charged subject to pow with duty as property given to different persons in succession, er of appointor absolutely agreeable to the construction and limitation of such power. s. 18.

ment.

Money or personal estate directed to be applied in the pur- Money devised chase of real estate, to pay duty as personal estate, unless given for purchase of to be enjoyed in succession, and then each person in succession real estates. if such direction be not carried into effect, to pay duty as if no direction had been made, or proportionably for so much as shall remain unapplied ; but no duty to accrue after the same shall have been applied. s. 19.

That if before the application of such personalty any person shall become entitled to an estate of inheritance in possession in the real estate to be purchased therewith, or with such part thereof as shall have not been applied, such person shall be charged with the duties on personal estate for such person as shall remain uninvested, and such duty be raised and paid out of the unappropriated fund. Ibid.

Estates per auter vie applicable as personal estate, to be charged Estates per as such. s. 20.

auter vie.

money.

Money left to pay duty not chargeable as a legacy. s. 21. Money to pay Specific legacies and residuary personal estate, consisting of daty. property not reduced into money, may be valued by executors Proporty not or administrators or parties interested, who may offer to pay the reduced into duty accordingly; or at their own expence require stamp commissioners to appoint a person to set such value, which valuation of executors, &c. commissioners may at their option accept without such appraisement; but if they are dissatisfied therewith, then they are to appoint an appraiser, and cause a valuation to be made, and assess the duty accordingly; and if such appraisement shall not be satisfactory to the party liable, such party may on giving three days notice to stamp commissioners, cause the same to be reviewed by the land tax commission, for the immediate district, at their next meeting after stamp commissioners shall have assessed and required such duty, if 14 days shall have elapsed between that time and such meeting, but if not then at the next succeeding meeting, who are to appoint an appraiser, and set the value, and hear and determine such appeal in the same manner as in other cases of the like kind, whose judgment is to be final; and if the duty so assessed shall exceed the duty offered to, and refused by, stamp commis

Duty on lega

cies not satis fied in money.

One legacy ap plied in dis

sioners, all expenses to be borne by the person liable to pay such duty. s. 22.

Difference between legatees and executors or administrators may also on reference to stamp commissioners be settled in like munner. Ibid.

Duty on legacies or shares of personalty not satisfied in money, or compounded for to be paid according to the value of the satisfaction. s. 23.

One legacy, &c. applied in the satisfaction of any other le. gacy duty not chargeable on both, but only on the subject yield. charge of ano-ing the largest duty. Ibid.

ther.

If legatees or trustees refuse to give proper receipts, or ac., Refusing to cept legacies, or residue duty deducted, the court in case of suit, give or accept proper receipts, may make order therein, and direct the adverse party to pay costs, although no tender may have been made, and in suits where the party sued may wish to stop proceedings on pay. ment of bequest, deducting duty, the court may make such order as may be just. s. 24.

Regulations for see ring the

duties.

Penalty on

If any suit be instituted concerning the administration of any personal property the court may, and are required to provide for payment of duty. s. 25.

Executor, &c. may discharge legacies, or distribute residu ary personal estate on payment from time to time of such proportions of duty as may have accrued in respect of such parts so administered. s. 26.

Legacies or residue of personal estate not to be paid, or in any manner satisfied without a receipt being taken containing the date, the name of the deceased, the executor, &c. and the legatees, the amount of the legacy, &c, and the amount and rate of duty payable, and no such receipt to be available unless duly stamped. s. 27.

Copy of entry in stamp-office books of payment of duty to 'be admitted as evidence. Ibid.

Stamp receipts for annuities, or legacies chargeable as an nuities, not requisite, except on the completion of each yearly payment. Ibid.

Paying, administering, or in any manner satisfying any le paying or tak-gacy, personal estate, or receiving the same without taking and ing legacies giving a legal receipt, and causing the same to be stamped as aforesaid, 104. per cent. penalty.

without a

stamped receipt.

Receipts to be stamped within twenty-one days after date, at the head office, or other office regularly appointed, on which an acknowledgment of the payment of the duty is to be writ ten, and signed by the officer receiving such duty, bearing date on the day of payment, and to be duly entered by him.

Or within three months on payment of duty, and 10!. per cent, penalty; but not afterwards on any pretence whatever. Ibid.

And if duty be paid at any other office than at the head stamp office, then such receipt to be transmit within twentyone days from the day of payment of such duty to the head-of.