INVENTORY DUTY. PROPERTY LIABLE TO THE DUTY.Generally-All personal property (beritable securities are personal property, which include bonds of annual rent and bonds of annuity, and real burdens on land, but not securities by absolute disposition qualified by back bond) belonging to the deceased in the United Kingdom, heritable securities, and personal bonds excluding executors.-(48 Geo III. e. 149. § 38, etc.; 55 Geo. III. c. 184, Schedule, Part III. ; 21 and 22 Viet. c. 56. §§ 9, 12, 13, etc.; 16 and 17 Vict. c. 59, § 8; 31 and 32 Vict. c. 101, §§ 3 and 117; 37 and 33 Vict. c. 94, § 30; and 23 and 24 Vict. c. 80.) Personal Property-Absolute power of disposal.-Personal estate which a person, dying after 3d April 1860, shall have disposed of by will, under any authority enabling such person to dispose of the same as he shall think it, shall be deemed personal or movable estate of the person so dying, for the purpose of payment of inventory, probate, or administration duty.-(23 Vict. c. 15, § 4.) Indian Promissory Notes-Ships.Indian Government promissory notes and certificates issued, or stock in lieu thereof, being assets of a deceased person, the interest of which shall be payable in London, registered in London, or enfaced in India for the purpose of such registration before the death of the owner; also Indian Government promissory notes, with coupons attached, in the same circumstances as to registration, and certificates issued, or stock created in lieu thereof, shall be personal estate, and bona notabilia in EngLand of the deceased person (23 Vict. e. 5, 1); also any ship, or any share of a ship, belonging to a deceased person, registered in any port in the United Kingdom, notwithstanding such ship at the time of the death may have been at sea, or elsewhere out of the United Kingdom, shall be deemed to be at the port at which she may be registered (27 and 28 Viet. c. 56), and liable to inventory, probate, or administration duty.

Specialty Debts.-For probate and administration duty, debts and sums of money due from persons in the United Kingdom to a deceased on obligation or other specialty, shall be estate and effects of the deceased within the jurisdiction of Her Majesty's Court of Probate in England or Ireland, in which the same would be if they were debts upon

simple contract, without regard to the place where the obligation or specialty shall be at the time of the death. (25 Vict. c. 22, § 39.) Foreign Bonds and Stocks.-Documents of the debts of foreign governments and foreign com. panies which pass from hand to hand are property where the documents may be. Debentures or bonds by foreign companies and governments, and the title to stocks of foreign companies and governments, are property in this country, if in the possession of any person in this country, and can be sold in the market, and the title of the purchasers completed to them in this country.-See Attorney-General v. Bouwens, 4 Meeson & Welsby, 171. Rents of Heritage.-If the deceased survive Whitsunday, one moiety of the rents of the crop of that year is personal estate. If he survive Martinmas, the whole rents of that crop fall into the executry. In addition, from and after 1st August 1870, the Act 33 & 34 Vict. 1870, c. 35, would seem to give the executor a proportion of the rents from the terin preceding the date of death to the date of death. That Act would also seem to give a proportion of the term's rents of quarries, minerals, and houses, and also feu-duties current at the death. The executor's right to house rents would not therefore be to the half-year's rents current at death, but to a proportion only to the date of death.

MODES IN WHICH DUTY MAY BE PAID. When deceased domiciled in Scotland. -In the case of a person dying domiciled in Scotland, having personal property in Scotland, England, and Ireland, and also heritab'e securities excluding executors, and personal bonds excluding executors, duty in respect of the whole may be paid on the inventory required to be recorded in the Commissary Court; or inventory duty may be paid on the personal property situated in Scotland, including heritable securities made movable by the Act 31 and 32 Vict. c. 101, 117, and duty may be paid on a "special inventory" of the heritable securities excluding executors and personal bonds excluding executors, and probate or administration may be obtained in England and Ireland in respect of the personal estate in these countries, and duty paid in respect of such on these instruments. When deceased domiciled furth of the U. K.-In case of a person dying

domiciled furth of the United Kingdom leaving personal estate in Scotland, England, and Ireland, an inventory must be given up in Scot

Exemptions.-Inventory of the estate of any common seaman or soldier dying in service.

Additional inventory when duty on the whole estate does not exceed that already paid on former inventory.

RETURN OF INVENTORY
DUTY.

The inventory duty and probate and administration duty are paid on the whole personal property, without deduction of debts; but the Act 5 & 6 Vict. c. 79, § 23, provides for a return being given on proof of the constitution and payment of the debts. This return must be claimed within three years; but the time will be prolonged on application to the Board of Inland Revenue. No return to be granted in respect of a voluntary debt due from a person dying after 28th June 1861, expressed to be payable on death of such person, or payable under an instrument which shall not have been

bona fide delivered to the donee three months before the death of such person. (24 and 25 Vict. c. 92, § 3.) Note.-Forms of inventory and additional inventory will be found in the Juridical Styles, vol. iii., App. pp. 8-11. Forms of inventories, and also regulations for return of inventory duty, may be obtained at the Office of the Solicitor, Inland Revenue, Edinburgh. Claims are to be lodged in the Solicitor's Office, Room No. 5, and Monday and Friday between 12 and 2 o'clock are the days for receiving claims from the claimants or their agents.

LEGACY DUTY. Legacies, Annuitics, Residues, etc. To Children or their descend- Duty p. et. ants, or lineal ancestors......£1 0 Brother or sister, or descendants..3 0 Uncle or aunt, or their descend...5 0 Grand uncle or aunt, or descend. 6 0 All other relations or strangers..10 0

The husband or wife of the deceased is not chargeable with duty. If the legatee's husband or wife is of nearer consanguinity than the legatee, duty is payable according to such nearer relationship. (16 & 17 V. c. 51, § 11.) This duty is payable for every legacy out of the personal or movable estate, or out of or charged upon the real or heritable estate of the deceased, or out of any estate which he has power to dispose of, or out of any moneys to arise by the sale, mortgage, or other disposition of the deceased's real or heritable estate, or any part thereof: Also for the clear residue (after deducting debts, funeral expenses, legacies, and other charges first payable thereout) of the personal or movable estate, whether the title to such residue shall accrue by virtue of any testamentary disposition, or upon a partial or total intestacy: And also for the clear resi due of the moneys to arise from the sale, mortgage, or other disposition of any real or heritable estate, directed to be sold, mortgaged, or otherwise disposed of by any will or testamentary instrument.

Annuities commencing to be payable on the death of persons dying after 19th May 1853, are valued for legacy duty according to tables annexed to the Succession Duty Act (16 and 17 Vict. e. 51); and annuities commencing to be payable previous to that date, by the tables annexed to the Legacy Duty Act (36 Geo. III. c. 52). Duty is not exigible on legacies or residues under £20; but if a legatee take two or more legacies, under any testament, which shall together be of the amount of £20, each shalf be charged with duty, though each or either may be separately under that amount.

Duty on legacies and residues in arrears, interest thereon at the rate of 4 per cent. is payable (31 and 32 Việt. c. 124, § 9).

Printed forms and regulations for payment of the legacy duty may be obtained gratis, on application at Legacy Duty Office, Inland Revenue, Edinburgh; and at the offices of distributors of stamps in the country.

SUCCESSION DUTY. (16 and 17 Viet. c. 51.) The duty commenced on the death of persons dying after the 19th May 1853, and seems to be imposed on all property, both heritable and movable, passing by death, not liable

to the duty on legacies and successions to personal estate upon intes tacy-the duty imposed by the Legacy Duty Acts.

The duty on HERITABLE PROPERTY is charged on the annual value, after allowance of the necessary outgoings (§ 22), as an annuity for the life of the successor (§ 21), which is to be valued by tables annexed to Act. PERSONAL PROPERTY is liable to duty according to the value of the succession; and money charged on heritage-heritable securities-is charged as personalty (§ 1).

RATES OF SUCCESSION DUTY. Lineal issue or lineal ancestor of the predecessor. £1 per cent. Brothers and sisters of the predecessor and their descendants, £3 per ct. Brothers and sisters of the father or mother of the predecessor and their descendants.. £5 per cent.

Brothers and sisters of a grandfather or grandmother of the predecessor and their descendants..£6 per cent. Any other person......£10 per cent. The husband or wife of predecessor is

not chargeable with duty (§ 18), and if successor's husband or wife shall be of nearer consanguinity than the successor, duty is payable according to such nearer relationship (§ 11). The following are also exemptions from the succession duty :1. Successions from the same predecessor, passing on any death, not amounting in principal value to £100 (§ 18). 2. Any succession of less value than £20 in the whole (ib.). 3. Legacies and personal property charged with legacy duty, in respect of the same acquisition (ib.). Duty on successions in arrear, interest thereon at the rate of 4 per cent. is payable (31 and 32 Vict. c. 124, § 9). Note.-Forms of the accounts may be obtained at the Legacy Duty Office, Edinburgh, and at the offices of distributors of stamps in the country.

ADHESIVE STAMPS.

Adhesive Instruments for which Stamps may be used, and person by whom to be cancelled, etc., also mode of cancellation. AGREEMENT-6d. duty.

Cancellation by person by whom it is first executed (§ 36).

BILL of EXCHANGE.-Fixed duty of a penny.

Cancellation by person who signs it before he delivers it out of custody (§ 50)

BILL payable on demand.-If pre-
sented unstamped, person to whom
presented may affix and cancel and
deduct duty from sum in paying;
but not to relieve person wh may
have incurred penalty (§ 54).
BILLS or NOTES.-Drawn or made out
of United Kingdom.

Person before he presents bill or note
for payment, negotiates or pays it,
to affix and carcel.
Provided-

(a.) If at time it comes to hands of
bona fide holder a stamp is on it and
cancelled, it shall be deemed duly
cancelled, although not affixed and
cancelled by proper person.
(2.) If a stamp shall be on it and not
duly cancelled, bona fide holder may
cancel it, and it shall be deemed
duly stamped (§ 51).

Person not relieved of penalty incurred by him for not cancelling adhesive stamp (ib.).

CHARTER-PARTY. - Cancellation by person by whom it is last executed, or by whose execution it is completed as a binding contract (§ 66). CONTRACT NOTE. Cancellation by person by whom first executed (§ 69). CERTIFIED COPIES OF EXTRACTS from REGISTERS of BIRTHS, etc.-Cancellation by person signing before he delivers the same out of his hands (§ 80).

DELIVERY ORDERS and WARRANT for GOODS.-Cancellation by the person by whom made (§ 89).

LEASE for any definite term less than a year of

(I.) Dwelling-house, etc., at a rate not exceeding £10 per annum. (2.) Any furnished house or apartments, also a duplicate of such instrument.

Cancellation by person by whom first executed (§ 99).

Person who executes or prepares lease, the duty on which may be denoted by adhesive stamp, and which is not, at or before execution, duly stamped, penalty £5 (§ 100, 1). Penalty not incurred in respect of letters and correspondence (§ 100, 2). NOTARIAL ACT and PROTEST of a Bill or Promissory Note.-Cancellation by notary (§ 116).

POLICY of INSURANCE on LIFE, and compensation for accident.-Cancellation by person who first executes (§ 119).

PROXY and VOTING PAPER-liable to duty of 1d. Cancellation by person by whom first executed (§ 102, 2). RECEIPT.- Cancellation by person who gives (§ 1211.

REQUEST to PURSER or OFFICER of MINING COMPANY on cost book system to enter or register transfer of share or part of share on notice of such transfer. Cancellation by person who writes (§ 128). GENERAL DIRECTION AS TO THE CANCELLATION OF ADHESIVE STAMPS. § 24. (1.) An instrument, the duty upon which is required, or permitted by law, to be denoted by an adhesive stamp, is not to be deemed duly stamped with an adhesive stamp unless the person required by law to cancel such adhesive stamp cancels the same by writing on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing, so that the stamp may be effectually cancelled, and rendered incapable of being used for any other instrument, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.

Penalty for neglect or refusal, £10.(2.) Every person, who, being required by law to cancel an adhesive stamp, wilfully neglects or refuses duly to do so in manner aforesaid, shall forfeit the sum of £10. Penalty for frauds in relation to adhesive stamps, or to any duty, £50 (§ 25). Any person who

(1) Fraudulently removes or causes to be removed from any instrument any adhesive stamp, or affixes any adhesive stamp which has been so removed to any other instrument, with intent that such stamp may be used again;

(2.) Sells or offers for sale, or utters, any adhesive stamp which has been so removed, or utters any instrument having thereon any adhesive stamp which has to his knowledge been so removed as aforesaid; (3.) Practises or is concerned in any fraudulent act, contrivance, or device not specially provided for, with intent to defraud Her Majesty, her heirs or successors, of any duty; shall forfeit, over and above any other penalty to which he may be liable, the sum of £50.

STAMPING INSTRUMENTS AFTER EXECUTION. of ARTICLES CLERKSHIP. - Duly stamped articles in order to admission in inferior court may be stamped with duty to make up £60. and shall then be sufficiently stamped for admission into Court of Session, etc. (§42).

With this exception, articles of clerk

ship are not to be stamped after the expiration of six months from the dite, except on payment of the penalties as follows:

(L. If brought to be stamped within one year after date, £10.

(2. If so brought after one year and within five years after date; for every year, and also for any additional part of a year, elapsed since the date, £10.

(3) In every other case, £50 (§ 43). BILLS and NOTES having an impressed stamp of sufficient amount but improper denomination maybestamped, if not then payable, penalty £2; if payable, penalty £10. With these exceptions, not to be stamped after execution (§ 53). CHARTER PARTY.

Within seven days after first execution, penalty 4s. 6d.

After seven days, and within a month, penalty £10.

In any other case, cannot be stamped ($68).

If executed abroad, any party to it may, within ten days after receipt in United Kingdom, affix and cancel adhesive stamp (§ 67).

ATTESTED COPIES, or EXTRACTS of or from

(1.) An instrument chargeable with duty;

(2. An original will, testament, or codicil;

(3.) The probate or probate copy of a will or codicil;

(4.) Letters of administration, or a confirmation of a testament;

may be stamped within fourteen days after date of attestation or authentication, without penalty (§ 19). FOREIGN SECURITIES.-The Board of Inland Revenue may at any time, without reference to date, allow them to be stamped without penalty upon being satisfied they were not made or issued, and have not been transferred, assigned, or negotiated, and no interest paid on them, within the United Kingdom (§ 115). POLICY of INSURANCE made or executed out of the United Kingdom, but enforceable in the United Kingdom, may be stamped within two months after it has been first received in the United Kingdom, without penalty (§ 117, 2). RECEIPT may be stamped with impressed stamp

1. Within fourteen days after given, penalty £5.

2. After fourteen days, and within a month, penalty £10.

In any other case, not to be stamped (§ 122).

INSTRUMENTS as to which no express provision to prohibit.

Instruments on payment of duty and penalty of £10; if duty exceeds £10, also interest on it (§ 15, 1). Except where express provision to the contrary is made by this or any other Act, any unstamped or insufficiently stamped instruinent may be stamped after the execution thereof, on payment of the unpaid duty, and a penalty of £10, and also by way of further penalty, where the unpaid duty exceeds £10, of interest on such duty, at the rate of £5 per centum per annum, from the day upon which the instru ment was first executed up to the time when such interest is equal in amount to the unpaid duty.

And the payment of any penalty or penalties is to be denoted on the instrument by a particular stamp. Proviso.-(2.) Provided as follows:Instruments executed abroad within two months after being received in United Kingdom without penalty.-(a.) Any unstamped or insufficiently stamped instrument, which has been first executed at any place out of the United Kingdom, may be stamped at any time within two months after it has been first received in the United Kingdom, on payment of the unpaid duty only.

Board may remit penalties within twelve months.-(b.) The Commissioners may, if they think fit, at any time within twelve months after the first execution of any instrument, remit the penalty or penalties, or any part thereof.

(See Note a.) Unstamped or insufficiently stamped instruments produced in Court, if duty and penalty be paid to officer of Court, may be received in evidence.§ 16. (1.) Upon the production of an instrument chargeable with any duty as evidence in any court of civil judicature in any part of the United Kingdom, the officer whose duty it is to read the instrument shall call the attention of the judge to any omission or insufficiency of the stamp thereon, and if the instrument is one which may legally be stamped after the execution thereof, it may, on payment to the officer of the