(8) Nothing herein contained shall render any estate liable for duty in respect of any property bona fide transferred for a consideration that is of a value substantially equivalent to the property transferred. bonds 6. An executor or administrator applying for letters probate Executors, etc., to file or for letters of administration to the estate of a deceased inventory and person shall before the issue of letters probate or administration to him make and file with the clerk of the court a full, true and correct statement in duplicate, under oath, showing- (a) A full itemised inventory of all the property of the deceased person including any property not situate in the Territories and the market value thereof and (b) The several persons to whom the same will pass under the will or intestacy and the degree of relationship, if any, in which they stand to the deceased; and the executor or administrator shall before the issue of letters probate or letters of administration deliver to the clerk a bond in a penal sum equal to ten per cent. of the sworn value of the property of the deceased person in respect to which his estate may be liable or may become liable to succession duty executed by himself and two sureties to be approved by the clerk or a guarantee company to be approved by the Territorial treasurer conditioned for the due payment to His Majesty of any duty to which the estate of the deceased coming into the hands of the said executor or administrator may be found liable. (2) The foregoing subsection shall not apply to estates of which the aggregate value does not exceed $5,000 nor as respects the provisions requiring security to estates in respect of which no succession duty is payable or administration to which is being applied for by a public administrator. (3) One duplicate of the said statement shall be forthwith transmitted by the clerk of the court to the Territorial treasurer. (4) Where property passes on the death of the deceased and no executor or administrator can be made accountable for succession duty in respect of such property every person to whom any property so passes for any beneficial interest in possession and also to the extent of the property actually received or disposed of by him every trustee, guardian, committee or other person in whom any interest in the property so passing or the management thereof is at any time vested and every person in whom the same is vested in possession by alienation or other derivative title shall be accountable for the succession duty in respect of such property and shall within two months after the death of the deceased or such later time as the Territorial treasurer shall allow deliver to the clerk of the court of the judicial district in which said property is situate an account to the best of his knowledge and belief of the property which account shall be verified under oath. Appraisement of appraiser Valuation by appraiser Mode of assessing to duty (5) Any executor or administrator who in order to escape payment of succession duty imposed by this Ordinance shall fail to include any property of the deceased in the inventory required by this section to be filed or shall distribute any part of the said estate without bringing the same into the Territories shall be personally liable to pay to His Majesty the amount of the duty which would have been payable in respect of the property so omitted or so distributed. 7. In case the Territorial treasurer is not satisfied with the value so sworn thereto or to the correctness of the said inventory he may personally or by his advocate or agent direct in writing some competent person to make a valuation and appraise the said property and also to appraise any property alleged to have been improperly omitted from the said inventory. 8. Any appraiser appointed under the provisions of the next preceding section shall forthwith give due and sufficient written notice to the executors or administrators and to such other persons as the clerk of the court may direct of the time and place at which he will appraise the property included in the inventory or any property which in the opinion of the Territorial treasurer his advocate or agent should be included therein and shall appraise the same accordingly at its fair market value and make a written report in duplicate of the appraisement together with such other facts in relation thereto as the clerk of the court may by order require and such report shall forthwith be filed in the office of the clerk of the court and for the purpose of the said inquiry and appraisement the said appraiser shall have all the powers which may be conferred upon commissioners under An Ordinance respecting Inquiries concerning Public Matters, being chapter 12 of The Consolidated Ordinances 1898. (2) The appraiser shall be entitled to receive the sum of $5 per day for services performed under this Ordinance and his actual and necessary travelling expenses and the same shall be paid to him by the Territorial treasurer. (3) One duplicate of the said report shall be forthwith transmitted by the clerk of the court to the Territorial treasurer. 9. If the Territorial treasurer, his advocate or agent and property liable the other parties interested do not agree thereon the clerk of the court of the judicial district in which the property or part of it is situate shall assess and fix the cash value at the date of the death of the deceased of all estates, interests, annuities and life estates or terms of years growing out of his estate and the duty to which such estate is liable and shall immediately file his assessment in his office and give notice thereof by registered letter to the Territorial treasurer and to the executor or administrator and other parties interested. appraisement 10. Any interested person dissatisfied with the appraise- Appeal from ment or assessment may appeal therefrom to a judge within or assessment thirty days after the making and filing of such assessment and upon such appeal the said judge shall have jurisdiction to determine all questions of valuation and the liability of the appraised estate or any part thereof for such duty and the decision of the said judge shall be final. duties by 11. Any sum payable under this Ordinance shall be recover- Recovery of able with costs of suit as a duty due to His Majesty from any action person liable therefor by action in the supreme court of the North-West Territories in any judicial district and it shall not in any case be necessary to take the proceedings authorised by the preceding sections. determinable 12. The said court shall also have jurisdiction to determine Matters what property is liable to duty under this Ordinance, the by court amount thereof and the time or times when the same is payable and may itself or through any referee exercise any of the powers which by sections 7 to 10 are conferred upon any officer or person. time for 13. An action may be brought to determine any question of Action before liability under this Ordinance notwithstanding that the time payment of for the payment of the duty has not arrived and such action duty shall be considered as an ordinary action in the said court. 14. An appeal shall lie to the supreme court en banc in any action brought under any of the foregoing sections wherever an appeal would lie if the action were between subject and subject. Appeals property transferred before death 15. Where any person's estate is declared liable to duty in Declaration as respect of any property which has previous to the death of to liability of such person been conveyed or transferred to some other person the court may declare the duty to be a lien upon such property and may make such declaration although the amount of such duty has not been ascertained and where any property in respect of which the estate would have been liable to duty had such property remained in the hands of the person to whom or for whose benefit it was conveyed or transferred by such deceased person has been conveyed or transferred to any purchaser for valuable consideration the court may direct the person to whom or for whose benefit the said property was conveyed or transferred by such deceased person as aforesaid to pay the amount of the duty to which the estate would have been subject in respect of such property. duty may be 16. Where the property real or personal in respect of which Future estate. duty is payable includes any future or contingent estate, income etc., when or interest the duty in respect of such estate, income or interest paid may be paid within the time limited by subsection 1 of section 17 and where so paid the duty shall be on the value of such estate, income or interest as at the death of the Duty paid comes into possession deceased. By consent of the Territorial treasurer in writing (2) Where the duty in respect of any future or contingent before estate estate, income or interest has been paid by the executor, administrator or trustee before such estate, income or interest comes into possession the duty so paid shall be charged on such future or contingent estate, income or interest and shall be repaid with interest at the rate of five per cent. per annum to the executor, administrator or trustee, as the case may be, by the person who is to become entitled to such future or con. tingent estate, income or interest and if not sooner repaid shall then be repaid at the time when such estate, income or interest comes into possession. When no person is entitled to the enjoyment of present a future or contingent estate Commuting duties on or interests (3) Where in respect of any future or contingent estate or interest there is no person beneficially entitled to the present income or enjoyment or where there is some part thereof to which there is no person so entitled the duty in respect of such future or contingent estate or interest, or part thereof, as the case may be, shall be payable as in sections 16 and 17 provided. (4) Notwithstanding the duty may under this section not be future estate payable until the time when the right of possession or actual enjoyment accrues any executor, administrator, guardian, or trustee, or person owning a prior interest when such executor, administrator, guardian, or trustee or person has the custody or control of the property may agree upon or commute for a present payment out of the property in discharge of the said duty; and the treasurer of the Territories may upon the application of any such person commute the succession duty which would or might but for the commutation become payable in respect of such interest for a certain sum to be presently paid and for determining that sum shall cause a present value to be set upon such duty regard being had to the contingencies affecting the liability to and rate and amount of such duty and interest and on the receipt of such sum the treasurer shall give a certificate of discharge from such duty. Duties to be eighteen 17. The duties imposed by this Ordinance unless otherwise payable within herein provided shall be due and payable at the death of the months from deceased or within eighteen months thereafter and if the are paid within eighteen months no interest shall be charged or collected thereon but if not so paid interest at the the death of the owner same rate of five per centum per annum from the death of the deceased shall be charged and collected and such duties together with the interest thereon shall be and remain a lien upon the property in respect to which they are payable until the same is paid. Provided that the duty chargeable upon any Proviso legacy given by way of annuity whether for life or otherwise shall be paid by four equal payments the first of which payments of duty shall be made before or on completing 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 year's annuity respectively. In case the annuitant dies before the expiration of the said four years only payment of instalments which fall due before his death shall be required: Provided further that the Lieutenant Governor in Council Extension of upon its being proved to his satisfaction that payment of the payment duty within the time limited by this subsection would be unduly onerous on the estate may by order so extend the time for the payment of the said duty as shall appear just and reasonable; and the duty shall be due and payable as in the said order set forth. time for discharge to Territorial (2) The treasurer of the Territories on being satisfied that Certificate of the full amount of succession duty has been or will be paid in be given by respect of an estate or any part thereof shall if required by treasurer the person accounting for the duty give a certificate to that effect which shall discharge from any further claim for succession duty the property shown by the certificate to form the estate, or such part thereof, as the case may be. a discharge in etc. (3) Such certificate shall not discharge any person or Certificate not property other than a bona fide purchaser for valuable con- case of fraud. sideration without notice from succession duty in case of fraud or failure to disclose material facts and shall not affect the rate of duty payable in respect of any property afterwards shown to have passed on the death and the duty in respect of such property shall be at such rate as would be payable if the value thereof were added to the value of the property in respect of which duty has been already accounted for: Provided the said treasurer may in his discretion decline to grant such certificate until the expiration of one year from the death of the deceased testator or intestate as the case may be. payment of 18. Upon the application of any person liable for the Extension of payment of any duty under this Ordinance on notice to the time for Territorial treasurer a judge may make an order extending duty the time fixed by law for payment thereof where it appears to such judge that payment within the time prescribed by this Ordinance is impossible owing to some cause over which the person liable has no control. trators, etc., to 19. Any administrator, executor or trustee having in charge Adminis or trust any estate, legacy or property in respect of which deduct duty duty is payable under this Ordinance shall deduct the duty delivering therefrom or collect the duty thereon upon the appraised value property before |