71
Repeal of Ordinance No. 16 of 1915, B. 12, and substitu-
tion of new section.
Repeal of Ordinance No. 16 of 1915, s. 13, and substitu- tion of new section.
Amendment
Penalties for breach of foregoing provisions. 57 & 58 Vict. c. 30, B. 8 (6).
6
(14) Every person who shall have been called upon after the lapse of one year from the death for an original account, or at any time for a further acconut, under sub-section (12) and every person who without lawful authority or ronsonable excuse fails to comply with any of the provisions of this section shall be liable to pay to the Commissioner, in addition to the estate duty (if any), a penalty of one thousand dollars, or a penalty equal to the amount of the estate duty (if any) at the rate set out in the applicable Schedule remaining unpaid for which he is accountable, according as the Com-
missioner elects.
8. Section 12 of the principal Ordinance is repealed and the following section is substituted therefor :-
Increase of estate duty when delay in lodging affidavit.
12. (1) In every case where any account is delivered after the lapse of twelve months from the death the estate duty shall be charged at three times the rates set out in the applica- ble Schedule; muless the person accountable for the estate duly proves to the satisfaction of the Commissioner that he has used all reasonable diligence to ascertain the estate of the deceased and could not reasonably have ascertained it carlier, and having ascertained it has used all reasonable diligence to deliver an account and to pay the estate duty thereon: Provided that in any case in which, before the delivory of the account, a grant of probate or of letters of administration or its equivalent had been obtained from a competent court outside the Colony, the period shall be eighteen months from the death instead of one year.
110
(2) For the purposes of this section account shall be deemed to have been delivered mutil the duty which reasonably appears to be payable in respect thereof has been paid, unless the Commissioner shall have allowed payment of the estate duty in respect of the said account to be postponed.
9. Section 13 of the principal Ordinance is repealed and the following section is substitated therefor :-
Duty of Executor as to unregistered shares.
Penalty.
13. (1) Every executor shall within one year after obtaining probate or letters of administration to the estate of a deceased person cause all shares of which such deceaseil person was at the date of his death the beneficial, but not the registered owner, to be frans erred on the registers of the appropriate companies into his own name as such executor,
(2) Every executor who without reasonable excuse omits to get any such shares as afore- said registered within the time limit aforesaid shall be liable to pay to the Commissioner in addition to the estate duty (if any) a penalty of one thousand dollars, or a penalty equal to
the amount of the estate duty (if any) at the rate set out in the applicable Schedule.
10. Section 16 of the principal Ordinance is amended
of Ordinance by the deletion of the words "by treasury warrant" in
the second line thereof.
No 10 of 1915, s. 16.
Repeal of Ordinance No. 16 of
1915, s. 18,
and substitu
tion of new
section.
11. Section 18 of the principal Ordinance is repealed and the following section is substituted therefor :-
Schedule of
property to
be annexed to probate.
18.(1) A schedule under the hand of the Commissiouer of all the property passing on the death of a deceased person upon which estate duty has been paid or is payable on the death, and of all the property of a deceased person which, being trust property, is exempt from duty on the death shall be annexed to
!
the probate or letters of administration, and any person who, without lawful authority or reasonable excuse, in any way deals with any estate of the deceased or any property held by the deceased in trust, which is not set out in such schedule shall be liable to a penalty of one thousand dollars, or to a penalty equal to three times the amount of the estate duty at the rate set out in the applicable Schedule to this Ordinance payable upon the estate so tealt with, at the election of the Commissioner, Provided that the disclosure of any trust rela- ring to property in any such schedule shall not constitute notice of the trust as against any purchaser or mortgagee for valuable con- sideration,
(2) Whenever a further affidavit is delivered, the probate or letters of administration in respect of which such affidavit is delivered shall be lodged with the Commissioner who shall insert in the schedule particulars of the additional property set out in the said afti- davit.
12. Section 19 of the principal Ordinance is repealed Repeal of and the following section is substituted therefor :—
Penalties
for inter- meddling,
Ordinance No. 16 of
section.
19.--(1) Every person who, being neither 1915, s. 19, the exerator appointed by the will of the and substitu- derensed for (is the case of an intestacy) the tion of new person entitled in priority to the administration of the estate of the deceased, without lawful authority or excuse for without first delivering to the Commissioner accounts of the estate of the deceased as required by section 10 of this Ordinance, takes possession of or in any way administers any part of the estate of a deceased person, or any part of the income of any part of such estate, shall be liable to a penalty of one thousand dollars and shall also be liable to a further penalty equal to three times the amonat of the estate duty at the rate set out in the applicable Schedule payable upon the whole estate of the deceased.
(2) Every person who, being the executor appointed by the will of the deceased or (in the case of an intestacy) the person entitled in priority to the administration of the estate of the deceased, takes possession of or in any way administers any part of the estate of a deceased person, or any part of the income of any part of such estate, within six months of the death of the deceased, and fails within the said period of six months to deliver to the Commissioner accounts of the estate of the deceased as required by section 10 of this Ordnance, shall be liable to a penalty of one thousand dollars, and shall also be fiable to t further peualty equal to three times the amount of the estate duty at the rate set out in the applicable Schedule payable upon the whole estate of the deccused.
(8) Every person who, being the executor appointed by the will of the deceased or (in the case of an intestacy) the person entitled
in priority to the administration of the estate of the deceased, takes possession of or in any way administers any part of the estate of
n deceased person, or any part of the income of any part of such estate, after the expiration of six months from the death of the deceased, without first delivering to the Commissioner accounts of the estate of the deceased as required by section 10 of this Ordinance, shall be liable to a penalty of one thousand dollars and shall also be liable to a further peualty equal to three times the amount of estate duty at the rate set out in the applicable Schedule payable on the whole estate of the deceased.
·
72
No comments yet.
Private notes are available after approval.