Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-05-06
By Authority
ACT 1902.
AN ACT

Z
CONTEMPLATION DEATH; PROVIDING FOR THEIR Es-
rADLrsuMENr COLLECTION AND FOR THE ENFORCE
MENr OF LIENS CREATED THIS Act AND FOR SuIrs To
QUIET TITLE AGAINST CLAIMS LIENS ARISING HERE
UNDER: AND REpEALrNa CHAPTER 100 OF THE REVISED
LAWS HAWAII ENTITLED "IsnERrrANoE TAX"
BE Enacted by the Legislature of The Territory of Ha~d:
SECTION l. All property which shall pass by will or BY
the inestate laws of this Territory from who may
die possessed of the while resident of this Ter
rory which, being within this Territory shall pass from
any person who may die while not resident OF this Terri
tory or which, or any interest income from which shall
be transferred by deed grant, sale or gift made in contempa
ton of the death of the granor vendor bargainor or IN
tended to take effect enjoyment after such DEATH
to any person or or body polite corporate in
trust otherwise by whereof any or body
polite or corporate shall become beneciay entitled
sion expectancy any property or to the income thereof
shall be and subject hereinafter provided for to be
paid the Treasurer of the Territory of Hawaii hereinafter
directed for the of the Territory and such tax shall be and
remain lien upon the property passed transferred until
paid and the person whom the property is trans
ferred and all administrators executors and trustees OF every
transferred passed shall be liable for any and all
such taxes until the shall have been paid hereinafter
directed The imposed shall be upon the market value
of such property the rates hereinafter prescribed and only
upon the the exemptions hereinafter granted.
Whenever corporation shall exercise power
of appointment derived from disposition OF property made
either before after the passage of this Act such appointment
when made shall be deemed transfer taxable under the rov
sons of this Act in the as though the property TO
which such appointment relates belonged absolutely the doneo
of power and had been bequeaed devised by such
donee by will and whenever person or corporation possess
ing such power of appointment so derived snail omit OF 1a
\exercisc the same within the time provided therefor in whole
or in part taxable under the provisions OF this Act
shall be deemed take place to the extent of such omissions or
failures in the same manner as though the persons or
tions thereby becoming entitled the possession enjoyment
of property which such related had succeeded there
to by will of the donee of the power failing to exercise such
power taking effect at the time of such omission or failure
When the beneficial interest property income there
from shall so pass for the his her father MOTHER
husband wife, child gandchd child adopted as such
in conformity with the laws OF the Territory OF Hawa, '
In ant pf
of such property received by each person. excess OF One
Thousand Dollars in all other the rate OF tax shall be
Five per of the fair market value OF such property IN e
cess of Five Hundred Dollars.
SECTION O. All property transferred to societies. corpora
tions and institutions hereafter exempted by law from
taxation any public corporation or to any society," cor
poraon institution association of engaged in Of
devoted any charitable, benevolent educational pubic Oh
other like work pecunary profit not being its object or pur
pose or to any person. soce, corposaon ~ n
table benevolent educational public purpose by reason
whereof any such person corporation shall become bench
or to the income thereof shall be exempt from this tax
SECTION g. When any grant, gift, legacy or succession
upon which imposed by Section OF this Act shall
estate income interest for term OF years. or tor
deerminabe upon any future or contingent event. or sha
remainder reversion other expectancy real or persona
the entire property fund by which such estate income or
is supported, or Of which it part ha De appra,se
value thereof determined in the provided IN Section
of this Act and the taxprecribcd by this Act shall be mm
dately due and payable to the treasurer OF the
together with the thereon shall be and remain lie
on said property until the paid provided that the pc
son. persons body polite corporate benecialy neres
in the property chargeabe with said tax may elect not 10 p
the same until they shall into the actual possession OF
oymen property and in that such person or pc
sons or body polite corporate shall execute bond to
Treasurer of the Territory in penalty of twice the amount
the tax arising upon estate with such sureties as
cult Judge Chambers may approve conditioned for the pa
ment of said tax and interest thereon at such time or period
they their representatives come into the actual
&c yhich
in the Office of the Treasurer of the Terrtory provided
ther that such person shall make full and verified return
such property Circuit Judge at Chambers and he the sal
in the office of the Treasurer within year from the dea
of the decedent and within that period enter into such sec
ity and renew the every five years
SECTION A. Whenever a decedent appoints or names one
executors or trustees and makes bequest or devise
nropery to them in lieu of commissions allowances VIII
otherwise would be liable said appoints them his