The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03

not be taxable under this act, unless it is
personal property of the value OF ter
6ioh q4op, collars 90 or more ti
act at the rate Of one Cd per centum upon
the clear market value of such property
Sec. g.. Every such tax shall be and re-
main lien upon the property transferree
until paid, and the person to whom the
property is transferred, and the admins
traitors, executors and trustees Of every
estate so transferred shall be personally
liable for such tax until it's payment
The tax shall be paid to the treasurer
of the county of the probate court having
treasurer shall give and every executor
administrator or trustee shall take, du-
plicate receipts from him of such pay
ment, one of which shall be Immediately
sent to the state auditor, whose duty it
shall be to charge the treasurer so receiV-
Ing the tax with the amount thereof, and
to seal said receipt with the seal of his
office and counterSign the same, and re-
turn it to the executor administrator or
trustee, whereupon it shall be proper
voucher in the settlement OF his accounts;
but no executor, administrator or trustee
shall be entitled to a final accounting of
an estate in settlement of which a tax
is due under the provisions OF this act.
unless he shall produce a receipt so sealed
and countersigned by the state auditor
or a copy thereof certified by him, or I'M
less bond shall have been filed as pro-
Vided by section seven co of this act.
All taxes imposed by this act shall be
due and payable at the time of the trans
fer.
Provided. however, that taxes upon the
transfer of any estate, property or inter-
est therein, limited, conditioned, depend
ent or determiuable upon the happening
of any contingency Of future events by
reason of which the fair market value
thereof cannot be aScertained at the time
of the transfer as herein provided, shall
accrue and become due and payable when
the persons or corporations beneficially
entitled thereto shall come into actua'
possession and enjoyment thereof.
Sec; 4. If such tax is paid within six 6,
months from the accruing thereof, a dis
count of five % per centum shall be al
lowed and deducted therefrom.
Il such tax is not paid within eighteen
interest shall be charged and collected
thereon at the rate of seven % per CEN
tum per annum from the time the tax ac-
crued, unless, by reason of claims made
upon the estate, necessary litigation or
other unavailable cause of delay, such
tax cannot be determined and paid as
herein provided in such case interest at
the rate of six Co. per centum per annum
shall be charged upon such tax from the
accrual thereof until the cause of such
delay is removed, after which ten Q0) per
centum shall be charged.
In all cases, when a bond shall be given
under the provisions of section seven %
of this act, interest shall be charged at
the rate of six Co per centum from the
accrual of the tax until the date of the
payment thereof.
Sec. 5. Every executor administrator or
trustee shall have full power to sell so
much of the property of the decedent as
same manner as he might be entitled by
law to do for the payment of the debts of
the testator or intestate.
Any such administrator, executor or
trustee, having in charge or in trust any
legacy or property for distribution, sub
ject to such tax therefrom, and within
thirty 600 days therefrom shall pay over
the same to the county treasurer. as here
in provided.
If such legacy or property be not in
money. he shall collect the tax thereon
upon the appraised Value thereof, from
the person entitled thereto.
He shall not deliver, or be compelled to
deliver any specific legacy or property,
subject to tax under this act, to any per-
thereon.
If any such legacy shall be charged upon
or payable out of the property, the heir
or devisee shall deduct such tax therefronn.
and pay it to the administrator, executor
and (oC trustee, and the tax shall remain a
lien or charge on such property until paid,
and the payment thereof shall be enforced
by the executor, administrator or trustee,
in the same manner that payment Of the
legacy might be enforced, or by the county
attorney, under section fourteen 90 of
given give in in money ' to any such per-
son for a limited period, the admins
traitor, executor or trustee, shall retain
the tax upon the whole amount but if it
ton to the court having jurisdiction of an
accounting by him. to make an apportion-
ment, if the case require 1t. of the sum
to be paid into his hands by such legatees,
and for such further order relative there
to as the case may require.
: Sec. 6. If any debts shall be proven
the payment of any legacy, or distributive
share thereof, from which any such tax
has been deducted, or upon which it has
been paid by the persons entitled to such
lnc ri IJti cbor and
son or persons are required to refund the
amount of such debts or any part thereof
an equitable proportion of the tax shall be
repaid to him by the executor, admnistra-
tor or trustee if the tax has not been paid
to the county treasurer, or by such treas
urer or state treasurer, II such tax has
been paid to him. When any amount Of
said tax shall have been paid enormously
into the state treasury. it shall be law
full for the auditor of this state upon sat
isfactory proofs presented to. him of
erroneous or Illegal payment to be re-
funded to the executor, administrator,
trustee, person or persons, who have paid
any such tax In error, from the treasury;
and allow the treasurer of any county
to refund the amount of any Illegal or
erroneous payment of such tax out Of
the funds in his hands or custody to the
credit Of such taxes, and credit him so
with the same in his quarterly account
rendered to the auditor of this state
under this act.
Provided, however, that all applications
for such refunding of erroneous taxes
shall be made within three CD years from
the payment thereof.
Sec. I. Any person or corporation ben
eficially interested in any property
chargeable with a tax under this act,
and executors, administrators and trus-
tees thereof, as herein provided, not to
pay such tax until the person or persons
beneficially interested therein shall come
into the actual possession or enjoyment
thereof.
The person or persons so electing shall
give a bond to the state in a penalty of
three 81 times the amount of any such
tax, with such sureties as the probate
court of the proper county may approve,
conditioned for the payment of such tax
or interest thereon at such time or period
as the person or persons beneflcially in
terested therein may come into the actual
possession or enjoyment of such property.
which bond shall be filed in the Office OF
the probate court.
Such bond must be executed and filed,
and full return of such property upon
oath made to- the probate court within
one % year from the date of transfer
thereof as herein provided, and such
bond must be renewed every five 90
years.
Sec. 8. If testator bequeaths or de-
vises property to one or more executors
or trustees in lieu of their commission OF
allowance, or makes them his legatees to
an amount exceeding the commission or
allowance prescribed by law for an (alD
executors or trustees, tn eeXceSS in value
so bequeatf ed or devised above the amount
of commissions or allowances prescribed
by law in similar cases, shall be taxable
under this act.
Sec. 8. If a foreign executor, admin
istrator or trustee shall assign or trans
fer any stock or obligations in this state
standing in the name of the decedent,
or in trust for a decedent, liable to any
such tax, the tax shall be paid to the
treasurer of the proper county on the
transfer thereof. No safe deposit COM
pany, bank or other institution, person or
persons holding security or assets of