123
of the estate duty and the penalty shall not in any case execed four times the rate set out in the Schedule.
(6) For the purposes of this section no account shall be deemed to have been delivered until the duty which reasonably appears to be payable in respect thereof has been paid, unless the Commissioner shall bave allowed payment of the estate duty in respect of the said account to be postponed.
13. Section 20 of the principal Ordinance is amended Amendment
as follows:-
(a) The words a penalty" are substituted for the words "the sum" in the fifteenth line of sub- section (1).
(b) Sub-section (2) is repeated.
**sum
(c) The word "penalty" is substituted for the word in the second line of sub-section (3), and the words "a debt" in the third line of sub-sec- tion (3) are deleted.
of Ordinance No. 16 of
1915, s. 20.
14. Section 22 of the principal Ordinance is repealed, Repeal of and the following section is substituted therefor :---
Power to reduce
penalty and duty.
Ordinance No. 16of 1915, s. 22, 22. The Commissioner may in his discretion and substitu- remit or reduce any penalty and he may reduce tion of new any duty chargeable under this Ordinance, section. provided that such duty is not reduced below
the rate set out in the Sebedule.
15. The following sections are inserted in the principal Insertion of Ordinance immediately after section 23 :--
Presumption as to shares standing in the name of the deceased.
Appeal.
Relief in the
tain settle-
ments
57 & 38
new ss. 24, 25, 26, 27 and 28 in
24.-(1) If the registered owner of any Ordinance share on a share register which is by law No. 16 of required to be kept within the Colony dies, 1915. Such share shall for the purposes of this Ordi- nance be deemed to be part of the estate of the decensed, unless the legal personal repre- sentative of the deceased proves to the satis- faction of the Commissioner that such share did not form part of the estate of the deceased at his death.
(2) An appeal to the Supreme Court, as under section 17 of this Ordinance, shall lie from any decision of the Commissioner under sub-section (1) of this section.
25.-(1) If estate duty has already been case of cer- paid in respect of any settled property since the date of the settlement, upon the death of one of the parties to a marriage, no estate duty shall be payable on the death of the other party to the marriage unless such person was at the time of his or her death or had been at any time 10,
during the continuance of the settlement com- potent to dispose of such property.
Vict. e. 30,
S.5 21.
4 and 5 Geo. 5, c. s. 14.
(2) For the purposes of this section, the term settlement means any deed, wili, agree- ment for a settlement, or other instrument, or any number of instruments, whether made before or after or partly before and partly after the commencement of this Ordinance, under or by virtue of which instrument or instruments any property, or any estate or interest in any property, stands for the time being limited to or in trust for any persons by way of succes- sion, and the term settled property means the property comprised in a settlement.
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