[19th February, 1909.]

HIS MAJESTY, by and with the advice and consent of the

Legislative Assembly of the Province of British Columbia,

enacts as follows:

1907, c. 39.

1. This Act may be cited as the "Succession Duty Act Amend- Short title. ment Act, 1909."

of sec. 5.

2. Sub-section (3) of section 5 of chapter 39 of the Statutes of Amends sub-sec. (3) 1907, being the "Succession Duty Act," as enacted by section 5 of Minister of Finance chapter 46 of the Statutes of 1908, is hereby amended by striking out to consent in all all the words in said sub-section after the word "administration," probate or letters. in the eighth line of said sub-section.

cases to issue of

sec. 5.

3. Sub-section (4) of section 5 of said chapter 39, as enacted by Re-enacts s.-s. (4) of section 6 of chapter 46 of the Statutes of 1908, is hereby repealed and the following sub-section is substituted therefor :

"(4.) The Registrar shall, upon the receipt of the Auditor- Payment.

General's statement of the amount of succession duty due,
and of the amount that may become due upon the happen-
ing of a contingency, require immediate payment of the
amount due, or security therefor to be given by bond in the Security.
form numbered 3 in the Schedule hereto, and with regard

to the amount that may become due upon the happening

of a contingency, he shall require security to be given by
bond in such form as he may approve."

Foreign executors

4. Section 6 of said chapter 39 is hereby amended by inserting Amends s. 6. the word "debentures" before the word "stocks," in the second and not to transfer fifth lines of said section.

debentures until

duty paid.

Form 9 added to
Schedule A.

5. Schedule A, appended to said chapter 39, is hereby amended by adding thereto the following form:

"FORM 9.

"CONSENT TO ISSUE OF LETTERS WHERE ESTATE NOT LIABLE TO SUCCESSION DUTY.

"Succession Duty Act' (British Columbia).

"To the Registrar of the

Court of

"In the matter of the estate of

deceased.

"SIR,-Having perused the affidavit of value and relationship filed in this matter, and being of the opinion, upon the facts therein deposed to, that the property of the deceased is not liable to succession duty, I hereby consent to letters being issued.

"Yours truly,

"Minister of Finance."

Re-enacts secs. 7 and 8.

Inquiry by Commissioner regarding property of

deceased and its value.

Notice of inquiry.

Appraisement.
Report.

6. Sections 7 and 8 of said chapter 39 are hereby repealed, and the following sections are substituted therefor :

"7. In case the Minister of Finance is not satisfied that the affidavits and inventories filed, pursuant to section 5 hereof, disclose all the property of the deceased subject to duty under the provisions of this Act, or is not satisfied with the value sworn to, the Lieutenant-Governor in Council may appoint a Commissioner, under the "Public Inquiries Act," to inquire into and report what property of the deceased is subject to duty under this Act and what is the value thereof.

"8. (1.) Instead of the notice prescribed by section 7 of the "Public Inquiries Act," the Commissioner shall give one week's written notice of such inquiry to the persons applying for probate of the will, or letters of administration, of the estate of the deceased, of the time and place at which he shall make such inquiry and of the nature of such inquiry. Such notice shall be duly given if served upon the solicitors for said applicants. The Commissioner shall also give such written notice of such inquiry to such other persons as the Registrar of the Court, to which application for probate or letters of administration has been made, may by order direct.

(2.) The Commissioner shall appraise the property of the deceased at its fair market value, and he shall make his report in writing, in duplicate, one copy to be sent to the Lieutenant-Governor in Council, pursuant to the provisions of the "Public Inquiries Act," the other copy to be filed in the office of the Registrar."

7. Section 9 of said chapter 39 is hereby amended by striking out Amends s. 9. the word "Sheriff," in the first line thereof, and by substituting therefor the word "Commissioner."

8. Section 10 of said chapter 39 is hereby repealed and the follow Re-enacts s. 10. ing section is substituted therefor:

"10. Any person dissatisfied with the report, or any portion of Appeal. the report, of the Commissioner may appeal therefrom to the Full Court of the Supreme Court of British Columbia, within thirty days after the making and filing of such report in the office of the Registrar. The notice of such appeal to the Full Court and the procedure generally in connection with said appeal, except as altered hereby, and the powers of the Full Court in respect of such appeal, shall be the same as in the case of an ordinary appeal to the Full Court from any judgment of a Judge of the Supreme Court."

9. Forms 4, 5 and 6 in Schedule A to said chapter 39 are hereby Repeals Forms 4, 5 repealed.

and 6 in Schedule A.

Act.

10. The amendments effected by sections 6 to 9, both inclusive, of Operation of this this Act shall apply to the estates of all persons in respect of which duty is claimed, whether such persons have died before or shall die after the passing of this Act.

VICTORIA, B. C.,

rinted by RICHARD WOLFENDEN I.S.O., V.D., Printer to the King's Most Excellent Majesty.
1909.

An Act for granting certain Sums of Money for the Public Service of the Province of British Columbia.

MOST GRACIOUS SOVEREIGN:

W

[12th March, 1909.]

HEREAS it appears by Messages from His Honour James Preamble. Dunsmuir, Lieutenant-Governor of the Province of British Columbia, and the Estimates and Schedules accompanying the same, that the sums mentioned are required to defray certain expenses of the Public Service of the Province for the dates therein stated, including certain expenses of Civil Government of the Province, and of the Public Service thereof, for the fiscal years ending 30th June, 1908, and 31st March, 1909, and 1910, respectively:

May it therefore please Your Majesty that it may be enacted, and be enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, as follows:

1. From and out of the Consolidated Revenue Fund of this Prov- $6,799,537.12 appropriated for fiscal ince there shall and may be paid and applied for the purposes set years ending 30th forth in the Schedule hereto, viz. :

A sum not exceeding in the whole one hundred and fifty-three thousand one hundred dollars and forty-six cents, expended for Public Service (as shown in Schedule A) for the fiscal year ending 30th June, 1908.

A sum not exceeding in the whole one million and thirty thousand six hundred and thirty-eight dollars and fifty-five cents, to supplement the amount granted by the "Supply Act, 1908," for the nine months ending 31st March, 1909.

June, 1908, and 31st March, 1909 and 1910.