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CHAPTER 30.

An Act to amend The Estates of the Mentally

Incompetent Act.

(Assented to April 2, 1927.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Estates of the Mentally Short title Incompetent Act Amendment Act, 1927."

amended

2. The Estates of the Mentally Incompetent Act, being Section 16 chapter 225 of the Revised Statutes of Alberta, 1922, is amended as to section 16 thereof, by striking out all the words after the word "Saskatchewan" where it occurs for the second time, and inserting in lieu thereof the words "and the Lieutenant Governor in Council may appoint the Attorney General or other official of the Province of British Columbia, who is charged by the law of that province with the duty of managing, handling, administering, or caring for the estate of any person who is confined or detained in any asylum or other provincial institution for the treatment of mental diseases in that province to be the administrator of the estate in this province of such person, and an Order in Council making such an appointment of any of the above mentioned officials shall be conclusive proof that all conditions precedent to the appointment have been fulfilled."

3. This Act shall come into force on the day upon which Coming into it is assented to.

force of Act

CHAPTER 31.

An Act to amend The Succession Duties Act.

HIS

(Assented to April 2, 1927.)

[IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta,

enacts as follows:

1. This Act may be cited as "The Succession Duties Act Short title Amendment Act, 1927."

amended

2. The Succession Duties Act, being chapter 28 of the Re- Section 3 vised Statutes of Alberta, 1922, is amended as to section 3 thereof by adding to paragraph (e) at the end thereof the following: "but no such deduction shall be made from property not available for the debts of the deceased."

amended

3. The said Act is amended as to section 4 thereof by Section 4 striking out of lines 6 and 7 thereof, the words "from the aggregate value of the property," and substituting therefor the words "from that portion of the aggregate value of the property available for the debts of the deceased."

amended

4. The said Act is amended as to section 5 thereof by Section 5 adding to paragraph (b) the following: "and upon it being shown to the satisfaction of the Provincial Treasurer that such beneficiary was wholly dependent upon the deceased for his maintenance and support and so certifies to such property where the net value thereof does not exceed twenty thousand dollars."

5. The said Act is amended as to section 6 thereof by Section 6 adding at the end thereof the following:

"For the purposes of this Act all property which passes or is deemed to pass on the death of any person shall for the purposes of this Act be deemed to be the property of such person."

6. The said Act is amended as to section 7 thereof-
(a) by inserting after the word "Province" in the second
line thereof, the following: "and in the case of an
owner domiciled in the Province, all the personal
property of the owner situate outside the Province";
(b) by striking out the words "the death" where they
first occur in the third line thereof, and substituting
therefor the words "his death."

amended

Section 7

amended

New section 9

Tax re property situate outside Province

Section 12 amended

Section 14 repealed

Section 18 amended

Delivery of statement by

one

beneficiary

Penalty

Section 18a added

Deduction of duties before payment of insurance

Section 19 amended

7. The said Act is amended by striking out section 9 thereof and by substituting therefor the following:

"9. Every person resident in the Province to whom passes on the death of any person domiciled in the Province any personal property situate outside the Province, shall pay to the Provincial Treasurer for the use of the Province a tax calculated upon the value of the property in accordance with the rates and subject to the considerations set forth in sections 7 and 8 of this Act."

8. The said Act is amended as to section 12 thereof by striking out the words "forward a statement of the same to the Clerk, who shall on receipt thereof either," where they occur therein.

9. The said Act is amended by striking out section 14 thereof.

10. The said Act is amended as to section 18 thereof: (a) By adding thereto the following proviso: "Provided that the delivery to the Provincial Treasurer by one of several beneficiaries of a statement as aforesaid, containing all the information required by the Provincial Treasurer, shall relieve the others from the obligation to deliver a further statement":

(b) by adding as subsection (2) thereof the following: "(2) Every person who being required by this section to deliver a statement as aforesaid omits or neglects to deliver such statement is guilty of an offence punishable on summary conviction by a fine of double the amount of the duty for which he is liable or in default of payment of such fine by imprisonment for a term not exceeding one month."

11. The said Act is amended by adding immediately after section 18 the following as section 18a:

"18a. Every insurance company shall before paying the money payable under a policy of life insurance upon the death of an insured person domiciled in the Province, except only where such money is payable to an executor or administrator in his representative capacity, or to the estate of the deceased or in respect of a policy on the life of a person under fifteen years of age, forthwith upon claim for payment being made by or on behalf of a person as a beneficiary who is ordinarily resident in the Province give notice to the Provincial Treasurer of such claim, and shall deduct from such monies such amount as may be determined by him and remit the same to him as security for the payment of any duties payable in respect of the money payable under the policy."

12. The said Act is amended as to section 19 thereof by striking out the figures "28" where they occur in the seventh line, and substituting therefor the figures "22."

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