Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-12-01

tied thereto in possession, have De-
come invested by alienation, or by
any title not comforting new success.
sion, in any other person, then the du.
ty payable in respect thereof shall be
paid at the same rate and time as the
same would have been payable if no
such alienation had been made or de.
rivated title created; and where the
title to any succession shall be accel-
Grated by the surrender or extinction
of any prior interests, then the duty
thereon shall be payable at the time
of such surrender or extension extinc-
tion1 or prior title.
Sec. 1856. And be it further enacted,
That where real estate shall become
subject to a trust for any charitable
or public purposes, under any past or
future disposition. which, if made in
favor of an individual, would confer
ON him succession, there shall be
payable in respect Of such real estate,
upon its becoming subject to such
trusts, a duty at the rate of six per
centum upon the amount or principal
value of such real estate.
LOS Sec. 1877. And be it further enacted
That the duty imposed by this act
shall be paid at the time when the
successor, or any person in his right
or on his behalf, shall become entitled
in possession to his succession, or the
receipt of the income and profits there
of. except that if there shall be any
prior charge, estate, or interest, not
created by the successor himself upon
or in the succession, by reason where
of the successor shall not be presently
entitled to the full enjoyment or val
ne thereof, the duty, in respect to thu
increased value accruing upon the de-
termination of such charge, estate, OF
interest, shall, If not previously paid.
compounded for, or committed, be paid
at the time Of such determination.
Sec. 1873. And be it further enacted
That the interest Of any successor in
moneys to arise from the sale of real
estate under any trust for the sale
thereof shall be deemed to be sue
cession chargeable with duty under
this act, and the said duty shall be
paid by the trustee, executor, or 9th
er person having control Of the funds
10 Sec. 1S9. And be it further enacted
That the interest Of any successor il
personal property, subject to any trus
for the investmen thereof in the pur
chase of real estate to which the sue
cessor would he absolutely entitled
shall be chargeable with the duty un
der this act as a succession, and th'
tax shall be payable by the trustee
executor, or other person having con
troll of the funds. -
Sec. 40. And be it further enacted
That in estimating the value of sue
cession no allowance shall be made II
respect to any contingent incum
brance thereon but in the event o
such incumbrance taking effect as al
actual burden on the interest of tn
successor, he shall be entitled to a re
turn Of a proportiontate amount Q
the duty SO paid by him in respect O
the amount or value Of the incum
brance when taking effect.
Sec. l4l. And be it further enacted
That in estimating the value of sue
cessiou no allowance shall be made il
respect of any contingency upon th
happening OF which the real estat
may pass to some other person bu
in the event of the same 80 passing
the successor shall be entitled to a r.
turn of so much of the duty paid b
him as will reduce the same to Ii
bic by him if such duty had been a
sessed in respect of the actual dur,
ton or extent Of his interest Pror
ded, That If the estate Of the succe
sor shall be defeated, in whole or
part, by it's application to the pa.
ment of the debts of the predecesso
the executor, administrator, or truste
so applying it shall pay out of I'll
proceeds Of the sale thereof ii
amount SO refunded And pror'de
also, That if the estate If the succe
cor shall be defeated, in whole or
part, by any person claiming title fro
and under the predecessor, such pc
son shall be chargeable with til
amount of duty SO refunded. and sue
amounts shall be collected in the maj
ner herein provided for for the CO
lection of duties. .s"
Sec. l42. And be it further enacted
That where successor shall not hav
obtained the whole of his successio
at the time of the duty becoming pay
able, he shall be chargeable only wit
duty on the value thereof from tim
to time obtained by him and when
ever any duty shall have been pai'
on account of any succession, and i
shall afterwards be proved. to the sat
isfaction of the Secretary of the Treas
ury, that such duty, not being du'
from the person paying the same, wal
paid by mistake, or was paid in re
spect Of real estate, which the success
sor shall have been unable to recover
or Of which he shall have been evictet
or deprived by auy superior title, o.
that Tor any other reason 1t ought Il
be refunded, the Secretary Of til,
Treasury shall thereupon refund tn
same to the person entitled thereto b,
draft drawn on any collector of inter
nal revenue.
Sec. l43. And be il further enacted
That where, in the opinion Of the Con
missioner of Internal Revenue, an
succession shall be of such nature
or 80 disposed or circumstanced, tina
the value thereof shall not be fairl
sscertainable under any of the prece
ding directions. or where, from til
complication of circumstances affec
ing the value Of q succession, or al
fecting the assessment, or recovery {
the duty thereon. the COMMISSIONS
=. shall think it expcdient to exercis
this present authority, it shall be law
full for him to compound the duty pay
able on tho succession upon sue
terms as he shall think fit, and to Civ
discharges to the successor, upon pay
ment Of duty according to such con
pensition and It shall be lawful fo
him. in anv special cases in which n