The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-13

person or persons, or body polite aud corporate
shall give bond to the state of New Jersey in a
penalty three times the amount OF the tax arising
| upon personal estate, with such surteies as the
chancellor or justice of the supreme court may
| approve, conditioned for the payment of said tax
and interest thereon, at such time period they
| or their representatives may into the actual
| possession or enjoyment of such property, which
bond shall be filed in the office of the clerk in cham
eery provided further, that such person shall make
full verified return of such property to the chan
cellor of the state, and file the same in the Office of
. the clerk in chaneery within one year from the
death OF the decedent and within that period enter
into such security and renew the same every FIVE
years.
g. And be it enacted That whenever decedent
appoints or names one or more executors or trus-
tees, and makes bequest or devise OF property to
them in lieu OF their commissions allowances,
| which otherwise would be liable to said tax or APP
points them his residuary egaees, and said bequest
devises or residuary legaces exceed what would be
| reasonable compensation for their services such
excess shall be liable to said tax and the chancellor
| or the orphans court having jurisdiction in the
| case shall fix such compensation.
| L. And be 1t enacted, That all taxes imposed by
this act unless otherwise herein provided for shall
be due and payable at the death of the testator,
grantor intesate, the case may be- and if the
same paid within year. interest at the rate
OF SIX per centum per annum shall be charged and
collected thereon but if not so paid interest at the
rate of ten per centum per annum shall be charged
aud collected from the time said tax accrued; pro-
| yided that If said tax is paid within six months
/ from the aecruing thereof, interest shall not be
charged or ,Ollee ed thereon, but discount of FIVE
| per centum shall he allowed and deducted from
said tax and IN all cases where the executors adj
ambassadors trustees do not pay such tax within
one year IRON the death of the decedent they shall
| be required to give bond in he form and to the
effect prescribed in section two OF this act for the
| payment Of said tax, together with interest.
8. And be it enacted That the penalty of ten per
centum imposed by section four hereof for the
| payment of said tax shall not be charged, where
cases by reason of claims made upon the estate
essary litigation or other unavoidable of delay,
the estate of any decedent part thereof cannot
be settled at the end OF from the death of the
n aaS anl Sfx rnanf ,Ar
annum shall be charged upon the said tax from the
expiration OF such year until the cause of such de-
| lay is removed.
| 6. And be it enacted That any administrator ex-
eeutOr, or trustee having charge trust any leg
aey or property for distribution, subject to the said
tax shall deduct the tax thererom or if the legacy
or property be not money, he shall collect the tax
thereon upon the appraised value thereof from the
egatee or person entitled to such property, and he
shall not deliver, or be compelled TO deliver.
| any specific legacy or property subject to
| tax TO any person until he shall have collect
| ed the tax thereon; and whenever any such legacy
snail be charged upon or payable out of real estate,
the heir or devisee, before paying the same shall de
duct said tax herefrom, and pay the to the
ecutor, administrator or trustee and the same shall
remain charge such real estate until paid, and
the payment thereof shall be enforced by the
tor, administrator or trustee in the same manner
that the payment of such legacy might be enforced
II, however, such legacy be given In money to any
person for limited period, he shall retain the tax
upon the whole amount, but If IL be not in money,
he shall make application to the court having uris-
diction of his accounts, TO make an apportionment
il the case required it, OF the be paid into his
hands by such legatee' and for such further order
relative thereto as the case may require.
z. And be II enacted. That all executors, admins
traitors and trustees shall have full power to sell
much of the property ofthe decedent will enable
them to pay said tax, In the manner they
may be enabled by law TO do for the payment Of
debts OF their testators and intestates, and the
amount of said tax shall be paid hereinafter
directed
s. And be 1t enacted, That any sum of money re-
tanned by any executor, administrator trustee
or paid into his hands for any tax or any
property, shall be paid by him, within thirty days
thereafter to the treasurer of the state OF New Jer
sey and the said treasurer shall give, and every
ecutor. administrator trustee shall take duplicate
receipts from him of such payment one of which
receipts he shall Immediately send to the comptrol-
Ter OF the state, whose duty il shall be to charge the
treasurer SO receiving the tax with the amount
thereof, and c0untersign the same and return it to
the executor administrator trustee whereupon IL
shall be proper vouchers in the settlement of his
accounts but an executor. administrator trustee
shall not be entitled TO credit in his accounts
discharge from liability for such unless he shall
produce a receipt countersigned by the comp
troller, or a copy thereof certified by him.
.: Aud be ii enacted, That whenever any of the
real estate of which any decedent may die seized
any person or persons other than the father; moth
er, husband, wife, lawful ISSUE wife or widow of a
son, or husband of daughter or in trust for them,
or some of thenI il shall be the duty of the execu-
tors administrators trustees of such decedent TO
give information thereof in writing to the treasurer
of the state within six months after thew under
take the execution of their respective duties or If
the fact be not known to them within that period,
then within one month after the same shall have
come to their knowledge.
10. And be it enacted, That whenever any debts
shall be proven against the estate of u decedent,
after the payment of egacies property from which
the said tax has been deducted, or upon which IT
has been paid, and refund is made by the legatee,
devisee heir next of kin proportion Of the tax
SO paid shall he repaid to him by the executor, adj
mnistrator or trustee, il the said tax has not been
paid 70 the state treasurer by them II ii has been
so paid.
H. And be it enacted, That whenever any foreign
executor administrator shall assign or transfer
any stocks or loans In this state, standing in the
name Of decedent, in trust for a decedent which
shall be liable TO the said tax, such tax shall be paid
to the state treasurer the transfer thereof other
wise the corporation permitting such transfer shall
become liable to pay such tax provided, that such
corporation has knowledge before such transfer
that said stocks or loans are liable to said tax.
II. And be 1t enacted, That when any amount of
said tax shall have been paid enormously to the
state treasurer, it shall be lawful for him, salts
factory proof rendered to him of such erroneous
payment, 20 refund and pay to the executor, admin
istrator, person or persons who have paid any such
tax in error, the amount OF such tax paid pro-
vided, that all such applications for the repayment
OF such tax shall be made within two years from the
date OF such payment.
10. And be il enacted, That in order to fix the
value OF property of persons whose estates skal be
subject TO the payment OF said tax the surrogate
ordinary, the application of any interested party
or upon his own motion, shall appoint some compe-
tent person as appraiser as often as and whenever
occasion may require whose duty Ii shall be forth
with to give such notice by mail and to such per-
sons as the surrogate or ordinary may by order
Direct of the time and place he will appraise such
property and at such time and place 10 appraise the
same at its lair market value, and make a report
thereof in writing TO SAID surrogate ordinary, to-
gether with such other facts in relation thereto
said surrogate ordinary may by order require to
he filed in the Office OF such surrogate ordinary
and from this report the said surrogate ordinary
shall forthwith assess and fix the then cash value OF
all estates, annuities and life estates, term of
years growing out of said estates, and the tax TO
fha ID Isal. lsotu
notice thereof by mail TO the state treasurer and to
all parties known TO be interested therein any per-
son or persons dissatisfied with said appraisement
or assessment may appeal therefrom TO the ordinary
or surrogate OF the proper county within sixty days
after the making and filing of such assessment
paying or giving security approved by the ordinary
or surrogate, 20 pay all COSTS together with what
ever tax shall be fixed by said court the said APP
praiser shall be paid by the state treasurer out Of
any funds he may have IN his hands account of
said tax, on the certificate of the ordinary
rogate at the rate OF three dollars per day for every
day actually and necessarily employed in said APP
praisement together with his actual and necessary
travelling expenses.
IA. And be it enacted, That any appraiser APP
pointed by virtue OF this act who shall take any fee
or reward from any executor, administrator. tras-
tee legatee, next OF kin or heir Of deeedent
from any other person liable 10 pay said tax any
portion thereof, shall be guilty of misdemeanor,
and upon conviction In any court having jurisdic-
ton OF misdemeanors he shall be fined not less than
two hundred and fifty dollers more than five
hundred dollars and imprisoned not exceeding
ninety days, and in addition thereto the ordinary
| or surrogate shall dismiss him from such service.
Is. And be it enacted, That the ordinary the
surrogate in the county where the real property is
situate of deeedent who was not resident of the
state, or in the county Of which the decedent was
resident at the time Of HIS death. shall have jurs-
diction TO hear and determine all questions in
aiion to the tax arising under the provisions Of this
| act
IL. And be II enacted That iii shall appear TO the
ordinary surrogate that any tax accruing under
this act has not been pnid according TO law, such
officer shall issue citation citing the persons in
eresed in the property liable to the tax to appear
before the ordinary surrogate a DAY certain,
not than three months after the date OF such
| citation, and show why said tax should
| not be paid the service Of such citation and the
time, and proof thereof and fees therefor,
| and the hearing and determination thereon, aud
| the enforcement OF the determination or decree
shall conform TO the provisions Of the law for the
service Of citations issued by the ordinary
surrogate, issuing Of orphans courts; aud the
hearing and determination thereon and Its enforce
ment and the ordinary surrogate shall, upon
the request OF any prosecutor of the pleas the
| state treasurer furnish, without fee, one or
transcripts of such Decree and the same may be by
them dock etcd and fle1 by the county clerk