by law for an executor or trustee, the excess in value of the property so bequeathed, above the amount of commissions or allowances prescribed by law in similar cases, shall be taxable by this Act.

13. REPORT OF ESTATE OF NON-RESIDENT DECEDENT TO BE FILED WITH STATE TAX COMMISSION.] Every executor or administrator of the estate of a non-resident decedent shall file with the state tax commission a list of the property owned by said non-resident decedent in this state; provided, that said list need not be filed in cases in which ancillary probate proceedings are instituted in the courts of this state for the prupose of probating said estate.

§ 13a. CONTENTS OF REPORT. TIME OF FILING. DUTY OF TAX COMMISSION.] Said list shall be in the form of an affidavit and shall be sworn to by the executor or administrator of said estate, and shall contain a detailed description of the property and the value thereof, owned by said non-resident decedent in this state as of the date of his death. If such property consists in whole or in part of mortgages secured upon real or personal property situated in this state said list shall enumerate each mortgage separately stating the name and post office address of the mortgagor, the county in which the mortgaged property is situated, the date of the execution of said mortgage, the amount of which such mortgage was given, the rate of interest and the amount due on said mortgage at the time of the death of the decedent, and in addition if said mortgaged property consists of real estate, the legal description of the same shall be given. If such property consists in whole or in part of debt evidenced in any other manner than by mortgages secured on real or personal property said list shall contain the name of the debtor, the amount of the debt as of the date of the death of the decedent and the nature of said debt. Said list shall be filed with the state tax commission within thirty days of the issuing of the letters testamentary or letters of administration as the case may be. Upon receipt of said list in proper form the state tax commission shall proceed to determine the amount of the inheritance tax, if any, due the State of North Dakota from said estate and upon such determination shall notify the administrator or executor of said estate immediately whether the same is taxable or exempt and if taxable the amount for which said estate is liable, also the manner in which the tax shall be paid. § 13b. STATE TREASURER SHALL ISSUE RECEIPT AND CERTIFIED STATEMENT.] The State treasurer shall upon receipt of the total amount of the tax due from said estate issue to the administrator or executor, paying the same, his receipt therefor and in addition to said receipt shall at the same time issue to said administrator or executor a certified statement bearing the seal of his office to the effect that the full amount of the inheritance tax due from the said estate to the State of North Dakota has been paid. § 13c. STATE TAX COMMISSION SHALL ISSUE CERTIFIED STATEMENT, WHEN.] The State tax commission shall upon de

termining that any such estate is exempt from the payment of any inheritance tax to the State of North Dakota cause a certified statement of such fact to be executed by one of its members in the name of the State tax commission and shall send such certified statement to the executor or administrator of said estate. § 14. DUTY OF REGISTER OF DEEDS AS TO SATISFACTIONS AND ASSIGNMENTS.] No register of deeds shall cause to be recorded or filed in his office any satisfaction or assignment of any real or personal property mortgaged executed by a foreign executor or administrator unless said satisfaction or assignment shall be accompanied, for his inspection, by either the certified statement of the state treasurer that the inheritance tax due the State of North Dakota from such estate has been paid, or by the certified statement of the state tax commission that said estate has been determined to be exempt from the payment of any inheritance tax to the State of North Dakota.

§ 14a. TRANSFER OF ASSETS BY FOREIGN EXECUTOR OR ADMINISTRATOR.] No safe deposit company, trust company, corporation, bank or other institution, person or persons having in their possession or under their control securities, deposits or other assets belonging to the estate of such non-resident decedent shall deliver or transfer any assets belonging to the estate of such non-resident decedent to the administrator or executor of such estate or to any other person or persons upon the order of said administrator or executor unless said administrator or executor or such other person holding such order for the transfer or delivery of such assets shall submit to said safe deposit company, trust company, corporation, bank or other institution, person or persons having in their possession or under their control such assets belonging to the estate of the decedent either the certified statement of the state treasurer to the effect that the inheritance tax due the State of North Dakota from said estate has been paid, or the certified statement of the state tax commissioner to the effect that said estate is exempt from paying any inheritance tax to the state of North Dakota.

§ 14b. PENALTY.] Any register of Deeds, safe deposit company, trust company, corporation, bank or other institution, person or persons, violating the provisions of this Act shall be liable to the State for the amount of the tax.

§ 15. CORPORATE PROPERTY TO BE APPORTIONED.] Where stocks, bonds, mortgages or other securities of corporations organized under the laws of this state shall have been transferred by a non-resident decedent, the tax shall be upon such proportion of the value thereof as the property of such corporation in this state bears to the total property of the corporation issuing such stocks, bonds, mortgages, or other securities.

§ 16. HOLDING COMPANY. APPORTIONMENT.] If any stocks, bonds, mortgages or other securities of a holding company or other corporation are based upon or represent in whole or in part the

value of any stocks, bonds, mortgages, or other securities of a North Dakota corporation either directly or indirectly, the transfer of the stocks, bonds, mortgages or other securities of such holding company or other corporation shall be subject to the inheritance tax in the proportion which the North Dakota property bears to the total property represented by or subject to the total stocks, bonds, mortgages, or other securities of which those so transferred are a part.

§ 17. DEBTS, EXEMPTIONS, ETC., TO BE APPORTIONED.] Whenever a tax is due from any resident or non-resident upon the transfer of any property or estate which is partly within and partly without the state, or upon any stocks, bonds, mortgages or other securities representing any such property partly within and partly without this state, such person shall be entitled to deduct from the value of such property so transferred only a proportion of the debts, expenses or administration and exemptions, equal to the proportion which the North Dakota property bears to the entire estate of the decedent.

§ 18. INFORMATION TO COMMISSION. RETAINING AMOUNT OF TAX.] The tax commission shall require such reports and information, and shall make such orders, rules and regulations as it may deem necessary to enable the commission to secure the necessary information from corporations, domestic and foreign, and to ascertain the amount of and collect such tax; and no holding company or other corporation subject to the provisions of this section shall deliver or transfer any such stocks, bonds, mortages or other securities of a non-resident decedent based upon or representing in whole or in part, directly or indirectly, the value of North Dakota property, or stocks, bonds, mortgages or other securities of a North Dakota corporation without retaining a sufficient portion or amount thereof to pay any tax which may thereafter be assessed on account of such transfer, except upon order of the proper court or a certificate of the tax commission.

19. PENALTIES.] Any corporation or holding company violating the provisions of this section shall be liable to the state for the amount of tax; and for wilful violation of its provisions shall forfeit its charter or its license to do business within this state upon complaint of the tax commissioner, and confiction. thereunder.

§ 20. JURISDICTION. ANCILLARY LETTERS.] The county court of every county of the state having jurisdiction to grant letters testamentary or of administration upon the estate of a decedent whose property is chargeable with any tax under the inheritance tax laws, or to appoint a trustee of such estate or any party thereof, or to give ancillary letters thereon, shall have jurisdiction to hear and determine all questions arising under the provisions of the inheritance tax laws, and to do any act in relation thereto authorized by law to be done by a county court in other matters or proceedings coming within its jurisdiction; and if two or more

county courts shall be entitled to exercise any such jurisdiction, the county court first acquiring jurisdiction hereunder, shall retain the same to the exclusion of every other county court.

§ 21. PETITION FOR ANCILLARY LETTERS; NOTICE TO PUBLIC ADMINISTRATOR.] Every petition for ancillary letters testamentary or of administration shall include a true and correct statement of all the decedent's property in this state with the value thereof; upon presentation thereof of the county court shall cause the order for hearing to be served personally upon the public administrator; and upon the hearing, the county court shall determine the amount of the inheritance tax which may be or become due and the decree awarding the letters may contain provisions for the payment of such tax.

22. NON-RESIDENT ESTATES. JURISDICTION.] The county court and the judge thereof at the seat of government shall have jurisdiction to hear and determine all questions relating to the determination and adjustments of inheritance taxes in the estates of non-resident decedents in which tax appears to be due, and in which it does not otherwise appear necessary for regular administration to be had therein. And in such estates the public administrator may be appointed as special administrator for the purposes of such adjustment.

23. SPECIAL APPRAISER MAY BE APPOINTED.] The county court, upon the application of any interested party, including the tax commission, or upon its own motion, shall as often as, and whenever occasion may require, appoint a competent person as special appraiser to fix the fair market value at the time of the transfer thereof of the property of persons whose estate shall be subject to the payment of any tax.

24. SPECIAL APPRAISER. NOTICE. DUTY. COMPENSATION.] Every such appraiser shall forthwith give notice by mail to all persons known to have a claim or interest in the property to be appraised, including the public administrator, and to such persons as the county court may by order direct, of the time and place when he will appraise such property. He shall, at such time and place, appraise the same at its fair market value, as herein prescribed, and for that purpose the said appraiser is authorized to issue subpoenas and to compel the attendance of witnesses before him and to take the evidence of such witnesses under oath concerning such property and the value thereof; and he shall make report thereof and of such value in writing, to the said county court, together with the depositions of the witnesses examined, and such other facts in relation thereto and to the said matter as the said county court may order or require. Every appraiser shall be paid on the certificate of the county court at the rate of three dollars per day for every day actually and necessarily employed in such appraisal, and his actual and necessary traveling expenses, and the fees paid such witnesses, which shall be the same as those now paid to witnesses subpoened to attend in courts of record, by the

county treasurer out of any funds he may have in his hands on account of any tax imposed under the provisions of this act.

§ 25. HEARING BY THE COURT.] The report of the special appraiser shall be made in duplicate, and not less than twenty days before the hearing thereon; one of said duplicates shall be filed in the office of the county court and the other shall be mailed to the tax commission. The county court shall examine such report, and from the report and other proofs relating to any such estate shall forthwith determine the cash value of such estate and the amount of tax to which the same is liable; or, the county court without appointing such appraiser may at the time so fixed hear evidence and determine the cash value of such estate and the amount of tax to which the same is liable.

§ 26. NOTICE OF HEARING. How GIVEN.] Notice of such hearing to determine the inheritance tax shall be given to all persons interested except where it is clearly evident that no tax is due.

§ 27. APPRAISAL AT CLEAR MARKET VALUE. ANNUITIES. HOW COMPUTED.] Whenever a transfer of property is made upon which there is, or in any contingency there may be, a tax imposed such property shall be appraised at its clear market value immediately upon the transfer or as soon thereafter as practicable. The value of every future or limited estate, income, interest or annuity dependent upon any life or lives in being, shall be determined by the American tables of mortality with interest at the rate of six per centum.

§ 28. CONTINGENT INCUMBRANCES.] In estimating the value of an estate or interest in property to the beneficial enjoyment of possession whereof there are persons or corporations presently entitled thereto, no allowance shall be made in respect of any contingent incumbrance thereon, nor in respect of any contingency upon the happening of which the estate or property or some part thereof, or interest therein, might be abridged, defeated or diminished; provided, however, that in the event of such incumbrance taking effect as an actual burden upon the interest of the beneficiary, or in the event of the abridgment, defeat, or diminution of such estate or property or interest therein as aforesaid, a return shall be made to the person properly entitled thereto of a proportionate amount of such tax in respect of the amount or value of the incumbrance when taking effect or so much as will reduce the same to the amount which would have been assessed in respect to the actual duration or extent of the estate or interest enjoyed. Such return shall be made in the manner provided in Section 10.

$29. INTEREST DETERMINABLE BY DEATH.] Where any property shall, after the passage of this Act be transferred subject to any charge, estate, or interest determinable by the death of any person or at any period ascertainable only by reference to death, the increase of benefit accruing to any person or corporation upon the extinction or determination of such charge, estate