30 June, 1864, § 126. "1 'Real estate defined. "Succession" de"Person" de fined. fined. 30 June, 1864,$127. deemed a succession. VIII. SUCCESSION TO REAL ESTATE. 169. That for the purposes of this act the term "real estate" shall include all lands, tenements, and hereditaments, corporeal and incorporeal; that the term "succession" shall denote the devolution of title to any real estate; and that the term "person" shall be held to include persons, body corporate, company, or association. 170. That every fast or future disposition of real estate by What shall be will, deed, or laws of descent, by reason whereof any person shall become beneficially entitled, in possession or expectancy, to any real estate, or the income thereof, upon the death of any person dying after the passing of this act, shall be deemed to confer, on the person entitled by reason of any such disposition, a succes"Successor" and sion;" and the term "successor" shall denote the person so enti tled, and the term "predecessor" shall denote the grantor, testator, ancestor, or other person from whom the interest of the successor has been or shall be derived. "predecessor." 30 June, 1864, §$128. efit accruing upon death to be deemed a succession. 171. That where any real estate shall, at or after the passing of Increase of ben- this act, be subject to any charge, estate, or interest, determinable the extinction of by the death of any person, or at any period ascertainable only by any estate by reference to death, the increase of benefit accruing to any person upon the extinction or determination of such charge, estate, or interest, shall be deemed to be a succession accruing to the person 30 June, 1864,§129. then entitled, beneficially, to the real estate or the income thereof. Persons taking 172. That where any persons, after the passing of this act, shall succession jointly take any succession jointly, they shall pay the duty chargeable tion to their re- thereon by this act in proportion to their respective interests in spective interests. the succession; and any beneficial interest in such succession, ests accruing by accruing to any of them by survivorship, shall be deemed to be deemed a new suc- a new succession, derived from the predecessor from whom the joint title shall have been derived. to pay in propor Beneficial inter survivorship to be cession, Disposition of efit for any term of 30 June, 1864,$130. 173. That where any disposition of real estate shall be accomreal estate with panied by the reservation or assurance of, or contract for, any reservation of ben- benefit to the grantor, or any other person, for any term of life, or life to be deemed for any period ascertainable only by reference to death, such disto confer a succes- position shall be deemed to confer at the time appointed for the the determination determination of such benefit an increase of beneficial interest in such real estate, as a succession equal in annual value to the yearly amount or yearly value of the benefit so reserved, assured, or contracted for, on the person in whose favor such disposition shall be made. sion at the time of of such benefit. 30 June, 1864,§ 131. ownership is re term of life, 174. That where any disposition of real estate shall purport to Where beneficial take effect presently, or under such circumstances as not to confer served by secret succession, but, by the effect or in consequence of any engagetrust, &c., for any ment, secret trust, or arrangement capable of being enforced in a disposition to be court of law or equity, the beneficial ownership of such real estate deemed a succes- shall not, bona fide, pass according to the terms of such disposition, but shall, in fact, be reserved to the grantor or other person for some period ascertainable only by reference to death, the person shall be deemed, for the purposes of this act, to acquire the real estate so passing as a succession derived from the person making the disposition as the predecessor. sion. without valuable 175. That if any person shall, by deed of gift or other assurance 30 June, 1864‚§ 132. of title, made without valuable and adequate consideration, and Conveyance, purporting to vest the estate either immediately or in the future, and adequate conwhether or not accompanied by the possession, convey any real sideration, to be estate to any person, such disposition shall be held and taken to succession. confer upon the grantee a succession within the meaning of this act. deemed to confer a Interest of suc real estate under trust, to be deemed a succession. Duty to be paid sessor within 30 days. 176. That the interest of any successor in moneys to arise from 30 June 1864, §138. the sale of real estate under any trust for the sale thereof shall be 13 July, 1866, § 9. deemed to be a succession chargeable with duty under this act, cessor in moneys and the said duty shall be paid by the trustee, executor, or other to arise from sale of person having control of the funds. And every such person having in charge or trust any disposition of real estate or interest therein, subject to tax under this act, shall give notice thereof in by the trustee or writing to the assessor or assistant assessor of the district where executor. Trustee, &c., to the estate is situate, within thirty days from the time when he give notice to asshall have taken charge of such trust, and prior to any distribution of said real estate, together with a description and value thereof, and the names of the persons interested therein; and for wilful, Penalty for negneglect or refusal so to do, shall be liable to a penalty of not exceeding five hundred dollars, to be recovered with costs of suit. Interest of suc177. That the interest of any successor in personal property, cessor in personal subject to any trust for the investment thereof in the purchase of property trust to be conreal estate to which the successor would be absolutely entitled, verted into reality shall be chargeable with duty under this act as a succession, and the tax shall be payable by the trustee, executor, or other person having control of the funds. 178. That there shall be levied and paid to the United States in respect of every such succession as aforesaid, according to the value thereof, the following duties, that is to say: lect. 30 June, 1864, § 139 under chargeable as succession. a Duty to be paid by trustee or executor. 30 3 June, 1864, § 133 March, 1865, § 1. Duties on suc-. cessions. Lineal issue, or lineal ancestor, 1. Where the successor shall be the lineal issue or lineal ancestor of the predecessor, a duty at the rate of one dollar per centum up- per cent. on such value. Brother or sister. or descendant of Where the successor shall be a brother or sister, or a descendant of a brother or sister of the predecessor, a duty at the rate of the same, 2 per two dollars per centum upon such value. Where the successor shall be a brother or sister of the father or mother, or a descendant of a brother or sister of the father or mother of the predecessor, a duty at the rate of four dollars per centum upon such value. Where the successor shall be a brother or sister of the grandfather or grandmother, or a descendant of the brother or sister of the grandfather or grandmother of the predecessor, a duty at the rate of five dollars per centum upon such value. Where the successor shall be in any other degree of collateral consanguinity to the predecessor than is herein before described, or shall be a stranger in blood to him, a duty at the rate of six dollars per centum upon such value: Provided, That no duty shall be levied in respect of any succession vesting before or subsequent to the passage of this act, where the successor shall be the wife of the predecessor. cent. Brother or sister of the father or mother, or de scendant of the same, 4 per cent. Brother or sister of the grandfather descendant of the or grandmother, or same, 5 per cent. Any other degree of consanguinity, or stranger blood, 6 per cent. in 179. That where real estate shall become subject to a trust for any charitable or public purposes, under any past or future disposition, which, if made in favor of an individual, would confer on him a succession, there shall be payable in respect of such real cession, to pay a estate, upon its becoming subject to such trusts, a duty at the rate rate. would confer suc duty at the highest ing entitled in pos of six per centum upon the amount or principal value of such real estate. 30 June, 1864, § 134 180. That where the interest of any successor in any real esWhen successor tate shall, before he shall have become entitled thereto in possesdies before becom- sion, have passed by reason of death to any other successor or session, but one successors, then one duty only shall be paid in respect of such induty shall be payable, but the duty terest, and shall be due from the successor who shall first become to be at the highest entitled thereto in possession; but such duty shall be at the highupon either suc- est rate which, if every such successor had been subject to duty, would have been payable by any one of them. rate chargeable cession. 30 June, 1864, § 135 3 March, 1865, § 1. Where succession 181. That wherever, after the passing of this act, any succession shall, before the successor shall have become entitled thereto is alienated before in possession, have become vested by alienation, or by any title comes entitled in not conferring a new succession, in any other person, then the duty possession, duty to payable in respect thereof shall be paid at the same rate and time as the same would have been payable if no such alienation had Where title is ac- been made or derivative title created; and where the title to any celerated by sur- succession shall be accelerated by the surrender or extinction of terest, duty to be any prior interests, then the duty thereon shall be payable at the time of such surrender or extinction of prior title. be paid at the same rate and time. render of prior in paid at the time of surrender. 30 June, 1864, § 140 + be estimated in 182. That, in estimating the value of a succession, no allowance Contingent in shall be made in respect of any contingent incumbrance thereon; cumbrance not to but in the event of such incumbrance taking effect as an actual valuing a succes- burden on the interest of the successor, he shall be entitled to a Where such in- return of a proportionate amount of the duty so paid by him in cumbrance takes respect of the amount or value of the incumbrance when taking sion. effect as an actual burden, a propor- effect. the duty to be repaid. contingency by may pass to another person. passes, the proper tionate amount of 183. That, in estimating the value of a succession, no allowance shall be made in respect of any contingency upon the hap30 June, 1864, § 141 pening of which the real estate may pass to some other person; No allowance to but in the event of the same so passing, the successor shall be be made for any entitled to a return of so much of the duty paid by him as will which the estate reduce the same to the amount which would have been payable by him if such duty had been assessed in respect of the actual duraIf the estate thus tion or extent of his interest: Provided, That if the estate of the amount to be re- successor shall be defeated, in whole or in part, by its application to the payment of the debts of the predecessor, the executor, adIf the property is applied to the pay- ministrator, or trustee so applying it shall pay out of the proceeds ment of the predecessor's debts, the of the sale thereof the amount so refunded: And provided also, executor to repay That if the estate of the successor shall be defeated, in whole or proceeds. in part, by any person claiming title from and under the predecessor, such person shall be chargeable with the amount of duty so person claiming ti- refunded, and such amounts shall be collected in the manner tle under the pre- herein provided for the collection of duties. paid. the duties from the If the estate is defeated by any 184. That any person liable to pay a tax in respect to any succession shall give notice to the assessor or assistant assessor 30 June, 1864, § 147 of his liability to such tax within thirty days from the time 13 July, 1866, § 9. when he shall become entitled in possession to such succession or Return to be to the receipt of the income and profits thereof, and shall at within thirty days. the same time deliver to the assessor or assistant assessor a full made to assessor and true account of said succession for the tax whereon he shall be accountable, and of the value of the real estate involved, and of the deductions claimed by him, together with the names of the successor and predecessor and their relation to each other, and all such other particulars as shall be necessary or proper for enabling the assessor or assistant assessor fully and correctly tax thereon. the best informa peal. to ascertain the taxes due; and the assessor or assistant assessor, Assessor if satisif satisfied with such account and estimate as originally de- fed may assess the livered, or with any amendments that may be made therein upon his requisition, may assess the succession tax on the footing of such account and estimate; but it shall be lawful for the as- If dissatisfied sessor or assistant assessor, if dissatisfied with such account, or if may assess upon no account and estimate shall be delivered to him, to assess the tion obtainable. tax on the best information he can obtain, subject to appeal as hereSubject to apinafter provided; and if the tax so assessed shall exceed the tax assessible according to the return made to the assessor or assistant assessor, and with which he shall have been dissatisfied, or if no account and estimate has been delivered, and if no appeal taken within the shall be taken against such assessment, then it shall be in the discretion of the discretion of the assessor, having regard to the merits of each case, assess; assessor, how to to assess the whole or any part of the expenses incident to the in addition to the taking of such assessment, in addition to such tax; and if there shall be an appeal against such last-mentioned assessment, then Payment of exthe payment of such expenses shall be in the discretion of the Commissioner of Internal Revenue. If no appeal tax. expenses penses in case of appeal. 30 July, 1864, § 149 3 March, 1865, § 1. taken to the asses Appeal may be 185. That it shall be lawful for any party, liable to pay duty in respect of his succession, who shall be dissatisfied with the assessment of the assistant assessor, within thirty days after the date of such assessment, to appeal to the assessor from such as- sor. sessment, who shall decide on such appeal, and give notice thereof to such party, who, if still dissatisfied, may, within twenty days after notice as aforesaid, appeal from such decision to the Commissioner of Internal Revenue, and furnish a statement of the grounds of such appeal to the Commissioner, whose decision upon the case, as presented by the statements of the assessor or assistant assessor and such party, shall be final. Or to the Commissiouer. 30 June, 1864, § 146 Com'sioner may cause separate 186. That the Commissioner shall, at the request of any successor, or any person claiming in his right, cause to be made so many separate assessments of the duty payable in, respect of the tracts to be sepainterest of the successor in any separate tracts of real estate, or rately assessed. in defined portions of the same tract, as shall be reasonably required; and in such cases the respective tracts shall be chargeable only with the amount of duty separately assessed in respect thereof. Com'sioner may commute duties in 187. That it shall be lawful for the Commissioner, in his discre- 30 June, 1864, § 144 tion, upon application made by any person who shall be entitled to a succession in expectancy, to commute the duty presumptively certain cases. payable in respect of such succession for a certain sum to be presently paid, and for assessing the amount which shall be so payable he shall cause a present value to be set upon such presumptive duty, regard being had to the contingencies affecting the liability to such duty, and the interest of money involved in such calculation being reckoned at the rate for the time being allowed by the Commissioner in respect of duties paid in advance, aud upon the receipt of such certain sum he shall give discharges to the successor accordingly. 188. That where, in the opinion of the Commissioner of Internal Revenue, any succession shall be of such a nature, or so disposed or circumstanced, that the value thereof shall not be fairly ascertainable under any of the preceding directions, or where, from the complication of circumstances affecting the value of a succession, or affecting the assessment or recovery of the duty thereon, the 30 June, 1864, § 143 Com'sioner may compound duties. in certain cases. 30 June, 1864, § 137 13 July, 1866, § 9. Duty payable becomes entitled in possession. Commissioner shall think it expedient to exercise this present authority, it shall be lawful for him to compound the duty payable on the succession upon such terms as he shall think fit, and to give discharges to the successor, upon payment of duty according to such composition; and it shall be lawful for him, in any special cases in which he may think it expedient so to do, to enlarge the time for payment of any duty. 189. That the duty imposed by this act shall be assessed in the collection district where the estate is situate, and shall be paid when the successor at the time when the successor, or any person in his right or on his behalf, shall become entitled in possession to his succession, or to the receipt of the income and profits thereof, except that if there shall be any prior charge, estate, or interest, not created by the successor himself upon or in the succession, by reason whereof the successor shall not be presently entitled to the full enjoyment or value thereof, the duty, in respect of the increased value accruing upon the determination of such charge, estate, or interest, shall, if not previously paid, compounded for, or commuted, be paid at the time of such determination. 30 June, 1864, § 142 sor has not obtain duty becomes pay value obtained. 190. That where a successor shall not have obtained the whole Where a succes- of his succession at the time of the duty becoming payable, he shall ed the whole of his be chargeable only with 'duty on the value thereof from time to succession when time obtained by him; and whenever any duty shall have been able, he shall be paid on account of any succession, and it shall afterwards be proved, charged on the to the satisfaction of the Secretary of the Treasury, that such duty, not being due from the person paying the same, was paid by mistake, or was paid in respect of real estate, which the successor shall have been unable to recover, or of which he shall have been evicted or deprived by any superior title, or that for any other reason it ought to be refunded, the Secretary of the Treasury shall thereupon refund the same to the person entitled thereto, by draft drawn on any collector of internal revenue. Secretary of the Treasury may re fund duties in certain cases. 30 June, 1864, $145. 13 July, 1866, § 9. 191. That the duty imposed by this act shall be a first charge on the interest of the successor, and of all persons claiming in his Duty to be a lien right, in all the real estate in respect whereof such duty shall be assessed for five years from the time when such tax shall have become due and payable, unless sooner paid. for five years. 30 June, 1864, § 148 13 July, 1866, § 9. Penalty for neg lect to make return or to pay du ties. 30 June, 1864, § 151 to take effect. 192. That if any person required to give any such notice or deliver such account, as aforesaid, shall wilfully neglect to do so within the time required by law, he shall be liable to pay the United States a sum equal to ten per centum upon the amount of tax payable by him; and if any person liable to pay any tax in respect of his succession shall, after such tax shall have been finally ascertained, wilfully neglect to do so within ten days after being notified, he shall also be liable to pay to the United States a sum equal to ten per centum upon the amount of tax so unpaid, at the same time and in the same manner as the tax to be collected. IX. STAMP DUTIES. I. INSTRUMENTS.-SCHEDULE B. 193. That all laws in force at the time of the passage of this Provisions when act in relation to stamp duties shall continue in force until the first day of August, eighteen hundred and sixty-four; and on and after the first day of August, eighteen hundred and sixty-four, |