Year: 1864

IL
mating the value of q succession no allowance shall
be made in respect of any contingency upon
the happening OF Thieh tne FsaI essate s sS pa 70 70
passing the shall be entitled 70 return OF
so much of the duty paid by him as will reduce the
same to the amount which would have been pAya'
BILE by him II such duty had been assessed In res
meet of the actual duration extent OF his Interest,"
Provided That if the estate of the successor shall
be defeated in who'e in part, by Its application
to the payment OF the debts Of the the
executor, administrator or trustee SC applying 1t
shall nay out OF the eds Of the sale thereof the
amount so refunded. And provided also, That If
the estate of the shall be defeated IN whole
or in part, by any person claiming ute IrSm ana
able with the amount of duty so refunded, and such
amounts shall be collected in the manner herein
provided for the collection Of duties.


sec. I42 And be it further enacted, That where
successor shall not have Obtained the whole Of his
succession at the time Of the duty becoming paya.
BE. he shall be chargeable only with duty the
value thereof from time to time obtained by him.
and whenever any duty shall have been paid on ac-
count of any succession and it shall afterwards be
proved to the satisfaction of the Secretary OF the
Treasury, that such duty, not being due from the
person paying same, paid by mistake, or was
paid in respect Of real estate, which the successor
shall have been unable to recover. or OF which ne
shall have been evicted or deprived by any superior
title or that for any reason 1t ought to be REMINDED
the Secretary of the Treasury shall thereuPon re-
fund the same to the person entitled thereto, by
draft drawn on any collector OF internal revenue.


Sec l43, Aud be it further enacted, That where,
in the opinion of the Commissioner OF Internal
Revenue, any succession snail be OF such nature,
g. digDOSed or CiFCumbtAnCeu1 tnhJ Luo NhAhS
thereof shall not be fairly ascertainabe under any
of the preceding directions whero, from the COM
plicatiOn of circumstances anectng the value OF q.
successop or aecting the assessment or recovery
the duty thereon, the Commissioner ahall think it
expedient to exercise this present authority It shall
be lawful for him to compound the duty payable on
the ssion upon such terms he shall think fit,
aud to give discharges to the successor upon pay
ment Of duty according to such composition and it
shall be lawful for him. in any special cases In which
he may think It expedient 30 to do, to enlarge the
time payment of any duty.


Sec IA And be it further enacted, That IL shall
be lawful for the Commissioner, in his discretion
upon application made by any person who shall be
entitled to succession In expectancy 10 conu.s s
the duty presumptively payable in respect OF such
succe Ssion for certain sum to be presently paid,
and for assessing the amount which shall be SO pay
able he shall cause present value TO pc set upon
snch nresumptiys duty regard being had to the con-
tinEencies affecting the liability to such duty, and
the interest of money involved IN such CaIculauSh
beInp reckoned at the rate for the time being al
lowed by the Commissioner in respect OF duties paid
in advance upon the receipt of such certain sum
he Ahall give discharges to the successor accordingly


Sec l45. And be it further enacted That the du-
tv imposed by this act shall be fret charge on the
Of the aaa OF S al
such duty shan be assessed for hVe years, unless
sooner paid o., .., ., MI. A.,
oommissoner SHALL the request of any successor,
or any person claiming in his right cause to be MADE
"a many separate assessments Of the duty, payable
IN res1ect Of the interest the successor In any
separate tracts of real estate or in defined portions
Of the tract as shall be reasonably required;
and in such cases the respective tracts shall be
chargeabIe only with the amount Of duty separateI
" assessed in respect thereof


Sec lat. And be it further enacted, That any
person liable to pay duty in respect to any success
son shall give notice to the assistant as
SCISSOR of his liability to such duty and shall at the
aame time deliver the assistant asses"
sor a foil and true account Of said succession, for
the duty whereou he shall be accountable, and of
value of the real estate involved and of the deduc
tions claimed by him, together with the names of
the successor aud predecessor, ana ther RELATION 70
each other, and all such other particulars as shal
he necessary or proper for enabling the assessor or
assistant assessor fully and correctly to ascertain the
an ties due; and the or assistant ASSESSOR
aatised with such account and estimate as original
Iy delivered or with any amendments thSt may Oe
made therein upon his requisition, may assess the
succession duty the footing OF such account ana
estimate but it shall be lawful for the assessor or
asgistant ssessor If dssat SIZED with such account,
or If no account and estimate thal be delivered to
him to assess the duty on the best Information ne
con nht.in aubiect to appeal hereinafter provd-
ed: and if the duty assessed shall exceed the duty
assessble according to the return made 70 tne asses
sor or assistant assessor, and with which he shall
have been dissatied, If no account and estimate
has been delivered, and If no appeal shall be taken
aoainS auch assessment then It shall be In the dis
cTetion of the assessor, having regard to the merits
Of each case to the whole or any part OF the
expepses incident to the taking OF such assessment


In addition to such duty; and If there shall be an ap
neal against such aforementioned assessment, then
The DaVment of such expenses shall de in the dis
Grafton of the Commissioner of Internal Revenue.
| Soc I4s And be it further enacted, That if any
required to give any such notice or deliver
such account aforesaid, shall WllulIy negect 70
do ge for the period of ten days after being notned
Se Shail be liable to pay to the United States sum
| eonal to ten per centum upon the amount ot duty
payable by HIM ana esg Of his SSOn shall
after such duty have been finally ascertaned, VIII
fully neglect to do so within ten Gays aL9r petng
notified he shall also be liable to pay to the Ontso
| States sum equal to ten per Centum upon the
| amount of duty unpaid, at the same time and in
| fhe same manner the duty to be collected. .
| sec l49 And be it further enacted, That 1t shall
be lawful any party, liable to pay duty Ia res


pect Of his succession who shall DC dissatisfied WIN
ty ays otter the date of such assessment VINO shal


decide on such appeal, and give notice thereof 70
Guch party, who, If still dissatisfied, may, within
ta 70 days after notice as afore said, appeal from
such decision to the Commissioner OF Internal heVe
nue. and furnish statement OF the grounGs OF sucn
| appeal to the Commissioner, whose decision upot
the case as presented by the statements OF the as


sossor or assistant assessor and such party shall D


Sec 15o And be it further enacted, That the du'


Ties levied and assessed upon SUGGESTIONS by this &C


shall be collected by the same othcers, 10 the sam


prescribed by law for the collection OF direct lake


assessed upon lands under the authority OF the Uni


'eu ''N'''' STAMP DUTIES.


Sec 49, And be it further enacted, That all law


in force at the time of the passage of this act in re


laton to stamp duties shall contaue in force unit


tba frst dav OF August eighteen hundred and sixty


fonr ard on and after the first day Of August, egh


teen hundred and sxty-four, there shall be levied


coiected aud paid for and in respect of tho severa
| instrumeuts matters and things mentioned ana ue


1oribed in schedule (marked b hereunto annexed


or for or in respect of the veil llum, parchment
| naper upon which such Instruments matters o


things or any OF them shall be written or printed


by any person or persons, or party who shall make


aivn or issue the same, or for whose use or 0enen


Ibe came shall be made, signed or issued the sever
|, ! al duties or sums OF money set down In hgure


against the same respectively or otherwise Speclh
| ed or set forth in said schedule.


| Sec 152. And be 1t further enacted, That It sha
not be lawful to record any instrument, dooumen
or naner required by law to be stamped, unless
} Stamp or stamps of the proper amount shall hav
been afxed; and the record of any such instrumen


upon which the proper stamp or stamps aioresai


shall not have been affixed, shall De utterly void


and shall not be used in evidence.


3 Sec. l59. And be it further enacted, That no II
> Istrument, document, writing or paper OF any de
: Scrjntion. required by law to be stamped, shall


deemOd or held invalid aud Of no effect for the war
of the particular kind description OF stamp des