Section 27. No legacy liable to duty to be paid without a receipt, duly stamped. Copy of entry at the office of payment

of duty to be evidence.

28. Penalty of ten per cent. for paying or receiving legacy without stamped receipt.

29. Receipts to be stamped within twenty-one days after date, and after that time, on payment of penalty; but none to be stamped unless duty be paid.

30. Mistakes in paying duty may be rectified by the Commissioners.

31. Persons paying or receiving legacies contrary to this Act indemnified on discovering the other offender.

32. If legatee be an infant or absent, money to be paid into the bank. See also 37 Geo. III. c. 135 infra:

33. Power to the Commissioners to compound the duty.See also 43 Vict. c. 14, § 11; and 44 Vict. c. 12, § 43. 34. If legacy be refunded, duty to be repaid.

35. Executors, previous to retaining their own legacies, to transmit particulars, &c., to the Commissioners.-See also 28 & 29 Vict. c. 104, Part V.

36. Receipts for legacies. Repealed by 35 & 36 Vict. c. 63, 1872.

37. If probate or administration be revoked, any duty which has been improperly paid to be returned, or, if properly paid, to be allowed.

38. Persons swearing falsely guilty of perjury.

39. Penalty of £500 for altering receipts.

40. Persons forging stamps, &c., to suffer death. Repealed by 34 & 35 Vict. c. 116, 1871.

41. Receipts duly stamped under this Act not liable to

receipt duty.

42. Extension of powers of former Acts. Repealed by 35 & 36 Vict. c. 63, 1872.

43. Recovery and application of penalties sued for within. three months. Repealed in effect by 31 & 32 Vict. c. 124, § 9, 1868.

44. Recovery and application of penalties not sued for within

three months.

45. Duties to be paid to Receiver-General, &c. Repealed by

34 & 35 Vict. c. 116, 1871.

46. Application of duties.

c. 116, 1871.

47. Limitation of actions.

Repealed by 34 & 35 Vict.

Schedule repealed by last-mentioned Act.-See p. 438.

I., II., III. repealed by 35 & 36 Vict. c. 63 (1872).

IV. And be it further enacted, That the said Commissioners shall, by writing under their hands and seals, or the hands and seals of the major part of them, appoint proper persons in the several counties, shires, stewartries, ridings, and divisions in Great Britain (h), as occasion shall require, to collect and receive the duties hereby imposed, and to keep proper accounts thereof, to be transmitted to the head office of the said Commissioners; and upon payment of any such duty, if paid at the head office of the said Commissioners, the said Commissioners shall cause the same to be duly entered in their books, and to be set down therein to the account of the personal estate in respect whereof the said duty shall be paid, and shall make like entries in their books, upon transmission of the proper accounts for that purpose from the several officers to be appointed by the said Commissioners in the different counties, shires, stewartries, ridings, and divisions aforesaid, to whom they shall from time to time give proper orders for such purpose; and the accounts of such payments shall be kept, with proper references, in alphabetical order, according to the surname of the testator, testatrix, or intestate, in respect of whose personal estate such payments shall have been made respectively, so that it may at all times appear upon the books of the said Commissioners what payments have been made in respect of the personal estate of any testator, testatrix, or intestate.

V. And in order that all persons may be enabled to take receipts and discharges on the payment or satisfaction of any legacy, or residue of any personal estate, or any part thereof, according to the directions prescribed by this Act: Be it further enacted, That it shall be lawful for the said Commissioners of Stamp Duties, from time to time, to provide sufficient quantities of paper adapted for such receipts or discharges as aforesaid, and to cause to be printed thereon the form of words in the schedule hereunto annexed(i); and it shall also be lawful for any of his Majesty's subjects, requiring such receipts or discharges, to cause the same to be duly filled up with sums, names, and date, according to the provisions before mentioned, and also upon any vellum or parchment, or upon any other paper not provided by the said Commissioners, to use the like form whenever there shall be occasion.

VI. And be it further enacted, That the duties hereby imposed shall, in all cases in which it is not hereby otherwise provided(k), be

(h) Persons are thus enabled to pay the duties in the district in which they reside. (i) See present forms in §§ 304-306 supra.

(k) The cases here referred to as otherwise provided for are those provided for by SS 9, 13, and 14 infra.

The cases provided for by this section embrace (1) an absolute pecuniary legacy;

accounted for, answered, and paid by the person or persons having or taking the burthen of the execution of the will or other testamentary instrument, or the administration of the personal estate of any person deceased, upon retainer for his, her, or their own benefit(), or for the benefit of any other person or persons, of any legacy, or any part of any legacy, or of the residue of any personal estate, or any part of such residue, which he, she, or they shall be entitled so to retain, either in his, her, or their own right, or in the right or for the benefit of any other person or persons; and also upon delivery, payment, or other satisfaction or discharge whatsoever, of any legacy, or any part of any legacy, or of the residue of any personal estate, or any part of such residue, to which any other person or persons shall be entitled (m); and in case any person or persons having or taking the burthen of such execution or administration as aforesaid, shall retain for his, her, or their own benefit, or for the benefit of any other person or persons, any legacy, or any part of any legacy, or the residue of any personal estate, or any part of such residue, which such person or persons shall be entitled so to retain either in his, her, or their own right, or in the right or for the benefit of any other person or persons, and upon which any duty shall be chargeable by virtue. of this Act, not having first paid such duty, or shall deliver, pay, or otherwise howsoever satisfy or discharge any legacy, or any part of any legacy, or the residue of any personal estate, or any part thereof, to which any other person or persons shall be entitled, and upon which any duty shall be chargeable by virtue of this Act, having received or deducted the duty so chargeable, then, and in every of such cases, the duty which shall be due and payable upon every such legacy, and part of legacy and residue, and part of residue respectively, and which shall not have been duly paid and satisfied to his Majesty, his heirs and successors, according to the provisions of this Act, shall be a debt of such person or persons having or taking the burthen of such execution or administration as aforesaid to his Majesty, his heirs and successors; and in case any such person or persons so having or taking the burthen of such execution or administration as aforesaid shall deliver, pay, or otherwise howsoever satisfy or discharge any such legacy or residue, or any part of any such legacy or residue, to or for the benefit of

(2) an absolute specific legacy of funded property; (3) an absolute specific legacy of household furniture, &c.; (4) an absolute specific legacy of leasehold property; (5) a legacy of money to a minor, with interest for maintenance during minority; (6) a legacy to an infant considered to carry interest; (7) an absolute pecuniary legacy without interest, the payment of which is deferred; (8) a bequest of the residue with a legacy payable thereout.

(7) See § 35 of Act.

(m) See §§ 27, 28, 29 of Act.

any person or persons entitled thereto, without having received or deducted the duty chargeable thereon (such duty not having been first duly paid to his Majesty, his heirs or successors, according to the provisions herein contained), then and in every such case such duty shall be a debt to his Majesty, his heirs and successors, both of the person or persons who shall make such delivery, payment, satisfaction, or discharge, and of the person or persons to whom the same shall be made.

VII. Repealed by 35 & 36 Vict. c. 63 (1872).

VIII. And be it further enacted(o), That the value of any legacy given by way of annuity, whether payable annually or otherwise, for any life or lives, or for years determinable on any life or lives, or for years or other period of time, shall be calculated, and the duty chargeable thereon shall be charged, according to the tables in the schedule hereunto annexed(p); and the duty chargeable on such annuity shall be paid by four equal payments, the first of which payments of duty shall be made before or on completing the payment of the first year's annuity, and the three others of such payments of duty shall be made in like manner successively, before or on completing the respective payments of the three succeeding years' annuity respectively (q); and the value of any such annuity, if determinable upon any contingency besides the death of any person or persons, shall be calculated without regard to such contingency (r); Provided always, that if any such annuity shall determine by the death of any person, before four years' payment of such annuity shall become due and payable, then and in such case the duty shall be payable in proportion only to so many of the payments of the said annuity as actually accrued and became due and payable; and in case any such annuity shall at any time determine upon any other contingency

(0) The cases provided for by this section embrace-(1) a simple annuity for life; (2) an annuity to one person during the life of another; (3) an annuity for a given term of years; (4) an annuity determinable on a contingency besides death; (5) an annuity to two persons for their joint lives and the life of the survivor; (6) an annuity for the joint continuance of two lives; (7) a contingent pecuniary legacy to a minor without interest.

(p) Other tables are now substituted by 16 & 17 Vict. c. 51 infra.

(q) The value of an annuity depends on the age of the annuitant. [The examples noted under this and the following sections are taken substantially from J. H. Brady's "Abstracts of the Legacy Acts," London, 1851.] A. gives to B., his brother, an annuity of £100 for his life. The age of B. we will suppose to be fifty. The value of this annuity then, by the tables annexed to 16 & 17 Vict. c. 51, is £1242, 19s. 6d., and the legacy duty thereon, at 3 per cent., the rate to which a brother is liable, is £37, 5s. 9d. One-fourth of this latter sum, therefore, will be payable by B. yearly out of the first four years' payments of his annuity, provided he lives so long.-See illustrations on page 481 below.

(r) See § 17 of Act.

than the death of any person or persons(s), then and in such case, not only all payments of duty which would otherwise become due after the happening of such contingency, if any such would become due, shall cease, but it shall be lawful for the person or persons who shall have paid any duties which shall have previously become due, to apply for and obtain a return of so much of the duty so paid as will reduce the same to the like duty as would have been payable by such person or persons for such annuity, calculated according to the term for which the same shall have endured; which abatement the said Commissioners for Management of the Stamp Duties shall settle and determine according to the tables in the schedule hereunto annexed, and shall cause the amount of such abatement to be paid to the person or persons entitled to the same out of any moneys in their hands arising from the duties imposed by this Act. (t)

IX. And be it further enacted, That the value of any legacy given by way of annuity for any life or lives, or for years determinable on any life or lives, or for years or other period of time, and charged on and made payable out of any other legacy or legacies, shall be calculated, and the duty shall be charged thereon, in the same manner as hereinbefore directed with respect to other annuities; and the duty on the legacy charged with such annuity, if any duty shall be payable for such legacy, shall be calculated on the value of such legacy after deducting the value of such annuity; and the duty for such annuity shall be paid by the person or persons entitled to the legacy or legacies charged with such annuity, by four equal payments, in the same manner as the same would be payable according to the provisions hereinbefore contained, if such annuity had been a direct gift to the annuitant, and subject to the like proviso in case such annuity shall determine before four years' payment shall become due; and the payment which shall be made for such duty shall be retained by the person or persons paying the same, out of the first

(s) Example.-Suppose an annuity of £100 had been given by A. to B., his brother, aged twenty, for his life, provided he should not marry. B. marries on the expiry of eight years. He has previously paid the whole duty of £51, 178, 5d.; but as his annuity has only endured eight years instead of for life, the return of duty which he will be entitled to will be calculated as follows:

B. has paid upon the value of an annuity of £100 for life,
Deduct therefrom the value of an annuity of £100 for

eight years,.

There remains in value overpaid, .

Value.
£1729 9 6

673 5 0

£1056 4 6

The duty upon which at 3 per cent. is £31, 13s. 7d., which sum so overpaid, B. is entitled to receive back.

(t) This section incorporated into 16 & 17 Vict. c. 51, by § 32 of that Act.