constitution on the part of an incorporated company and issuing certificate thereof, three dollars. For each warrant of arrest issued by the Governor and attested by the Secretary of State upon the requisition of any other state or territory, five dollars. For recording miscellaneous records, papers, or other documents, twenty cents per folio. For filing any paper or document not otherwise provided for, five dollars. For searching records and archives of the state, one dollar; provided, that no member of the Legislature or other state or county officer shall be charged for any search relative to matters appertaining to the duties of his office or for a certified copy of any law or resolution passed by the Legislature and relative to his official duties. Sec. 2. This act shall take effect upon approval. CHAPTER 61. FRAUD OF CORPORATE OFFICERS AND AGENTS. AN ACT to amend section 4413 of the Revised Statutes of Utah, 1898, and to provide for the punishment of directors, officers and agents of corporations and other persons for fraud and misconduct. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 4413 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 4413. Fraud or misconduct of officer or agent of corporation. Every director, officer or agent of any corporation or association, who knowingly receives or possesses himself of any property of such corporation or association, otherwise than in payment of a just demand, and who, with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association; and every director, officer, agent or member of any corporation or association who embezzles, abstracts, or willfully misapplies any of the money, funds or credits of the corporation or association; or who, without authority from the directors, issues or puts in circulation any of the notes of the corporation or association; or who, without such authority, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment or decree; or who makes any false entry in any book, report or statement of the corporation or association, or who issues any fraudulent, fictitious or illegal stock in any such corporation or association with intent in either case to injure or defraud the corporation or association, or any other company, body politic or corporate, or any individual person, or to deceive any officer of the corporation or association, or any agent appointed to examine the affairs of any such corporation or association; and every person who with like intent aids or abets any officer, clerk or agent in any violation of this section, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned in the state prison for not less than one nor more than ten years and be fined in any sum less than ten thousand dollars. Sec. 2. This act shall take effect upon approval. CHAPTER 62. INHERITANCE TAX. AN ACT to tax gifts, legacies and inheritances in certain cases, and to provide for the collection of the tax. Be it enacted by the Legislature of the State of Utah: SECTION 1. All property in excess of ten thousand dollars subject to inheritance tax. All property within the jurisdiction of this state and any interest therein, whether belonging to the inhabitants of this state or not, and whether tangible or intangible, which shall pass by will or by the statutes of inheritance of this or any other state, or by deed, grant, sale or gift made or intended to take effect in possession or in enjoyment after the death of the grantor or donor, to any person in trust or otherwise, shall be subject to a tax of five per centum of its value above the sum of ten thousand dollars, after the payment of all debts, for the use of the state; and all administrators, executors and trustees, and any such grantee under a conveyance, and any such donee under a gift made during the grantor's or donor's life, saall be respectively liable for all such taxes to be paid by them respectively, except as herein otherwise provided, with lawful interest as hereinafter set forth until the same shall have been paid. The tax aforesaid shall be and remain a lien on such estate from the death of the decedent until paid. Sec. 2. Inventory of property liable to tax to be filed. It shall be the duty of the executor, administrator or trustee, immediately upon his appointment, to make and file a separate inventory, any will to the contrary notwithstanding, of all the real estate of the decedent liable to such tax, and to cause a description of such real estate, supplemented by a statement, signed by the executor, administrator or trustee, to the effect that such real estate is subject to the payment of an inheritance tax under this act, to be filed in the office of the county recorder in each county where each particular part of said real estate is situated, and no conveyance of said estate, or any interest therein, which is subject to such tax, before or after the filing of such statement, shall discharge the estate so conveyed from the operation thereof. Sec. 3. Tax on real estate to be paid within fifteen months. All the real estate of the decedent subject to such tax shall, except as hereinafter provided, be appraised within thirty days next after the appointment of an executor, administrator or trustee, and the tax thereon, calculated upon the appraised value after deducting debts for which the estate is liable, shall be paid by the persons entitled to said estate within fifteen months from the approval by the court of such appraisement, unless a longer period is fixed by the court, and, in default thereof, the court shall order the same, or so much thereof as may be necessary to pay such tax, to be sold. Sec. 4. Tax on estate for life or term of years. Remainder. Whenever any real estate of a decedent shall be subject to such tax, and there be a life estate or interest for a term of years given to one party or parties, and the remainder to another party or parties, the court shall direct the interest of the life estate, or term of years, to be appraised at the actual market value thereof, and, upon the approval of such appraisement by the court, the party entitled to such life estate, or term of years, shall, within sixty days thereafter, pay such tax, and in default thereof the court shall order such interest in said estate, or so much thereof as shall be necessary to pay such tax, to be sold. Upon the determination of such life estate, or term of years, the court shall, upon its own motion, or upon the application of the State Treasurer, cause such estate to be appraised at its then actual value, from which shall be deducted the value of any improvements thereon, or betterments thereto, if any, made by the remainder man during the time of the prior estate, to be ascertained and determined by the appraisers, and the tax on the remainder shall be paid by such remainder man within sixty days from the approval by the court of the report of the appraisers. If such tax is not paid within said time, the court shall then order said real estate, or so much thereof as shall be necessary to pay such tax, to be sold. Whenever any personal estate of a decedent shall be subject to such tax and there be a life estate or interest for a term of years given to one party or parties, and remainder to another party or parties, the court shall inquire into and determine the value of the life estate or interest for the term of years and order and direct the amount of the tax thereon to be paid by the prior estate and that to be paid by the remainder man, each of whom shall pay his proportion of such tax within sixty days from such determination, unless a longer period is fixed by the court, and, in default thereof, the executor, administrator or trustee shall pay the same out of said property and hold the same from distribution, and invest it at interest under the order of the court until said tax is paid, or until the interest on the same equals the amount of such tax, which shall thereupon be paid. Sec. 5. Where bequest is in lieu of compensation to executor or trustee. Whenever a decedent appoints one or more executors or trustees and in lieu of his or their allowance or commission makes a bequest or devise of property to him or them, which would otherwise be liable to said tax, or appoints them as residuary legatees, and said bequests, devises or residuary legacies exceed what would be a reasonable compensation for his or their services, such excess shall be liable to such tax, and the court having jurisdiction of his or their accounts, upon its own motion or on application of the State Treasurer, shall fix such compensation. Sec. 6. Where legacy is a charge upon real estate. Whenever any legacies subject to said tax are charged upon or payable out of any real estate, the heir or devisee, before paying the same, shall deduct said tax therefrom and pay it to the executor, administrator, trustee or State Treasurer, and the same shall remain a charge and be a lien upon said real estate until it is paid, and payment thereof shall be enforced by the executor, administrator, trustee or State Treasurer in his name of office, in the same manner as the payment of the legacy itself could be enforced. Sec. 7. Executor etc., to collect tax. Every executor, administrator or trustee having in charge or trust any property subject to said tax, and which is made payable by him, shall deduct the tax therefrom, or shall collect the tax thereon from the legatee or person entitled to said property, and he shall not deliver any specific legacy or property subject to said tax to any person until he has collected the tax thereon. Sec. 8. Taxes to be paid to State Treasurer within fifteen months. Interest. All taxes imposed by this act shall be payable to the State Treasurer, and those which are made payable by executors, administrators or trustees shall be paid within fifteen months from the death of the testator or intestate, or within fifteen months from assuming of the trust by such trustee, unless a longer period is fixed by the court. All taxes not paid within the time prescribed in this act shall draw interest at the rate of eight per centum per annum until paid. Sec. 9. Executor,etc.,to collect tax. Excepted cases to be collected by State Treasurer. It is hereby made the duty of all executors, administrators or trustees charged with the management or settlement of any estate subject to the tax provided for in this act, to collect and pay to the State Treasurer the amount of the tax due from any devisee, legatee, grantee or donee of the decedent, except in cases falling under the provisions of sections four and five hereof, in which cases the State Treasurer shall collect the same. Applications may be made to the district court by such executor, administrator, trustee or State Treasurer to sell the real estate subject to said tax in an equitable action, or, if made to the court having charge of the settlement of said estate, the proceedings shall conform as nearly as may be to those for the sale of real estate of a decedent for the settlement of his debts. Sec. 10. Appraisements, how made. All appraisement of real estate subject to such tax shall be made and filed in the manner provided for appraisement of personal property. When such real estate is situated in another county, the same appraisers may serve, or others may be appointed. Sec. 11. Executor, etc., to file description of real estate with State Treasurer. Whenever any real estate of a decedent shall so pass, either in possession and enjoyment or in remainder as to be subject to such tax, the executor, administrator or trustee, within six months after he has assumed the duties of his trust, shall file with the State Treasurer a description of such real estate, giving the name of the county where the same is situated, the name of the decedent, the name of the person or persons to whom it so passes, whether the same passes in possession and enjoyment in fee, for life or for a term of years (naming the term of years), and if a prior estate is created, he shall give the name of the remainder man. Sec. 12. Executor, etc., to file copy of appraisement with State Treasurer. As soon as any such real estate is appraised it shall be the duty of the executor, administrator or trustee, if he has not been discharged, and if he has been finally discharged, then it shall be the duty of the clerk to file with the State Treasurer a copy of such appraisement, stating also the amount of tax to be paid and within what time ordered to be paid. Sec. 13. No settlement allowed until tax paid. No final settlement of the account of any executor, administrator or trustee shall be accepted or allowed unless it shall show, and the court shall find, that all taxes imposed by the provisions of this act upon any property or interest therein belonging to the estate to be paid by such executors, administrators or trustees, and to be settled by said account, shall have been paid, and the receipt of the State Treasurer for such tax shall be the proper voucher for such payment. Sec. 14. District court to have jurisdiction. The district court having either principal or ancillary jurisdiction of the settlement of the estate of the decedent shall have jurisdiction to hear and determine all questions in relation to said tax that may arise affecting any devise, legacy or inheritance, or any grant or gift, under this act, subject to appeal as in other cases, and the State Treasurer shall in his name of office represent the interests of the state in any such proceedings. Approved this 14th day of March, 1901. |