, 1864-11-07


Sec. l4O. And be IL further enacted, That
in estimating the value of succession no
allowance shall be made in respect of anv
contingent incumbrancc thereon; but in
the event OF such Incumbrance taking effect
as an actual burden on the interest Of the
successor, he shall be entitled to return of
a propor;ionate amount of the duty so paid
by him in respect of the amountor value of
the incumbrance whe,. taking effect.
Sec. l4l. And be IL further enacted, That
in estimating the value of succession no
allowance shall be made in respect of any
contingency upon the happening of which the
real estate may pass to some other person ;
but in the event Of the same SO passing,
the successor shall he entitled to a return
of so much of the duty paid by him Us
will reduce the same to the amount which
would have been payable by him if such
duty had been assessed in respect of tne
actual duration or extent of his interest:
Proctded, That if the estate of the success
sor shall be defeated, in whole or in part,
by its application to the payment of the
debts OF the predecessor, the executor, ad-
mlniStrator, or trustee so applying it shall
pay out Of the proceeds of the sale thereof
the amount so refunded And proViSed,
also, That if the estate of the successor
shall be defeated, in whole or in part, by
any person claiming titlo from and under
predecessor, such person shall be charge
able with the amount Of duty so refunded,
and such amounts shall be collected in the
manner herein provided for [tor] the collec-
tion Of duties.
Sec. l42. AHd be IL further enacted, That
where a successor shall not have obtained
the whole Of his succession at the time of
the duty becoming payable, he shall be
chargeablo only with duty on the value
thereof fiom time to time obtained by him;
and whenever any duty shall have been
paid on account OF any succession, and it
shall afterwards be proved, to the Satisfac-
tion of the Secretary Of the Treasury, that
such duty, not being due from the person
paying the same, was paid by mistake, or
was paid III respec Of real estate, which
the successor shall have been unable to re-
cover, Of which he shall have been evicted
or deprived by any superior title. or that
for any other reason it ought to be refund
ed, the Secretary of tho Treasury shall
thcreupon refund the same to the person
entitled thereto, by draft drawn ON any
collector of internal revenue.
Sec. l43. 1ad be IL further enacted. That
where, in the opinion Of the Commissioner
of Internal Revenue, any succession shall
be Of such nature, or so disposed or cir.
cnmstanced, that the value thereof shall not
be. fairly asccrtainable under any of the
preceding directions, or where, from the
complication Of circumstances affecting the
value Of q succession, or affecting the assess
ment, or recovery of the duty thereon, the
Commissioner shall think it oxpedient to
exercise this present authority, it shall
be lawful for him to compound the duty
payable on the succession upon such terms
as he shall think fit, and to give discharges
to the successor, upon payment Of duty
according to such composition; and it shall
be lawful for him, in any special cases in
which he may think itexpedient SO to do, to
enlarge the time for payment Of any duty.
Sec. IA. AndLs Il further enacted, That
it shall be lawful for the Commissioner, in
his discretion, upon application made by
any person who shall be entitled to sue
cession In expectancy, to commute the duty
presumptively payable in respect Of such
succession for certain sum to be presently
paid, and for assessing the amount which
shall be so payable he shall cause q present
value to be set upon such prcsumptive duty,
regard being had to the contingencies affect
ing the liability TO such duty. and the in
terest Of money involved in such calcula-
tion being reckoned at the rate for the time
being allowed by the Commi sioner in res
pect Of duties paid in advance and in the
receipt Of such certain sum he shall give
discharges to the successor accordingly.
Sec. las. ARdJeh further en7eted, That
the duty imposed by this act shall be o
iirst charge on the interest Of the successor,
aud Of all persons claiming in his right, in
all the real estate in respect whereof such
duty shall be assessed for five years unless
sooner paid. .....
| Sec. lag. And be Il further enacted, That
the Commissioner shall, at the request Of
any successor, or any person claiming in
his right, cause to be made so many sepa-
rate assessments Of the duty payable in
respect of the intere.t Of the successor in
any separate tracts Of real estate, or in de-
fined portions Of the same tract as shall be
REASONABLY required; and in such cases the
, respective tracts shall be chargeable only
with the amount Of duty separately Us
sessed N respoct thereof.
Sec. LAT. ARd be Il further enacted. That
any person liable to pay duty In respect to
any succession shall give notice to the as