129
(d) It is provided that for the purposes of the section no necount is to be deemed to have been delivered until the apparent duty has been paid, unless the Commissioner has allowed payment to be post- poned.
29. Section 9 of this Ordinance repcals section 13 of the principal Ordinance. The various sub-sections of that section are being dealt with as follows:-
(a) Sub-section (1) is replaced by the new section 10
(10).
(b) Sub-section (2) is replaced by the new sub-sec-
tions 10 (11) and 10 (12).
(c) Sub-section (3) is not being reproduced.
Its
effect is not very clear, but it seems to be au undesirable limitation both on the right of appeal and on the right of demanding additional duty. (d) Sub-section (4) reappears in the new section 9 (5), except that the mistaken provision for ascer- taining the value of an interest in expectancy is omitted: sec paragraph 8 above.
(2) Sub-section (5) disappears. That section also has proved to be mistaken. It has no counter-
part in the Finance Act, 1894.
The repealed section is replaced by a new one making it obligatory for excentors to attend to the registration of the transfer into his own name of unregistered shares belonging to a deceased person. This will help to make it clear from the share register that a transfer from A to D was through C the executor of B the unregistered owner of the shares,
30. Section 10 of this Ordinance amends section 16 of the principal Ordinance by the deletion of the words “by treasury warrant ", Refunds are not in fact made by treasury warrant but by cheque.
31. Section 11 of this Ordinance repeals section 18 of the principal Ordinance and substitutes a new section 18 which differs from the old section 18 in the following points:-
(a) It is provided that the Schedule of property to be annexed to the probate or letters of adminis- tration is to be under the hand of the Commis- sioner,
(6) The penalty under the present section 18 for dealing with property of the deceased not con- tained in the above Schedule is only $500. The new section 18 makes the penalty $1,000 or three times the single rate duty payable upon the estate dealt with, at the election of the Commis- sioner. The person in question will, however, be relieved from liability if he can show any lawful authority or reasonable excuse.
32. Section 12 of this Ordinance repeals section 19 of the principal Ordinance and substitutes a new section 19 which differs from the old section 19 in the following points: ---
(a) The new section 19 deals separately with the two distinct cases of intermeddling by a person who is entitled to apply for administration and that of intermeddling by a person who is not entitled to apply for administration. In the case of a person who is not cutitled to apply for admin- istration the liability to penalty arises immeili- ately upon intermeddling. In the case of a person who is entitled to apply for administration the liability for penalty arises in two cases, i.e., (1) when the person in question intermeddles within six months after the death and also fails