No. 388. shall upon the death of the settlor be registered within the prescribed 34 VICTORIA, time or such further time as the Master may allow in the Master's office, and no such trusts or dispositions shall be valid unless such settlement be so registered, unless such settlement was made before or in consideration of his or her marriage or in favor of a purchaser or incumbrancer in good faith and for valuable consideration, or on or for the wife or children of the settlor of property which has accrued to the settlor after marriage in right of his wife. No settlement shall be registered unless the trustees or some other person interested under the settlement have filed a statement setting forth the nature of the property comprised in such settlement and the value thereof in such form and with such particulars, and verified on oath by such persons as the rules may prescribe. The trustees of any such settlement or some other person shall before registration pay the duty mentioned in the Schedule to this Act, which shall be calculated upon the total value appearing in the statement as finally certified by the Master or officer. If any such settlement be not registered within the prescribed time or such further time as the Master may allow, the Master may assess in the prescribed manner the duty payable under this Act in respect of such settlement, and if such duty be not paid within the prescribed time or such further time after the prescribed notice the Master or any person interested may apply to the Supreme Court which may order that a sufficient part of the property included in such settlement be sold and the proceeds of such sale applied in payment of the duty and of the order and sale and consequent thereon. tion of Supreme 21. Upon any application to the Supreme Court under this Act General jurisdicall such persons as would be necessary or proper parties if such court under this application were made in a suit instituted by a creditor for the Act. administration of a testator's or intestate's property shall be entitled to notice and they may be heard thereon; but the said court may order substituted service or dispense with service of any such persons as it may think fit; and the said court for the purpose of any such application may appoint guardians or refer any question to the Master as it may deem expedient; and the said court shall subject to the provisions of this Act decide any such application upon the same principles as if the order were to be made in a suit instituted by creditors to obtain payments of their debts out of the estate of a deceased person; and the said court shall have and may exercise for the purposes of this Act all or any of the powers it now possesses in its equity jurisdiction including the power to make rules of practice. 22. When any order shall have been made for the sale of any court may make lands under the provisions of this Act every person seised or vesting orders. possessed of such lands or entitled to a contingent interest therein shall be deemed to be so seised or possessed or entitled (as the case may be) upon a trust within the meaning of the "Statute of Trusts 1864," and the Supreme Court may make an order vesting such lands or any part thereof for such estate as the court shall think fit either in any purchaser or in such other person as the court shall direct; and every such order shall have the same effect as if such person so seised or possessed or entitled had been free from all 34 VICTORIA, disability and had duly executed all proper conveyances and assignments of such lands for such estate. No. 388. Duty payable on property included anticipation of passing of this Act &c. 23. If any person has made or shall hereafter make any in conveyance in conveyance or assignment .gift delivery or transfer of any estate real or personal or of any money or securities for money in anticipation of the passing of this Act, or with intent to evade the payment of duty thereunder, in case such person should die the property comprised in any such conveyance or assignment or the subject matter of any such gift delivery or transfer shall upon the death of such person be deemed to form part of his estate for the purposes of this Act upon which duty shall be payable under this Act, and the payment of the duty upon the value of such property may be enforced against such property in the same way as duty under this Act is enforceable and as if such person had bequeathed or devised the said property to the person to whom the same may have been conveyed assigned given delivered or transferred. Any conveyance or assignment gift delivery or transfer of any estate real or personal or of any money or securities for money already made or which hereafter may be made either in escrow or otherwise to take effect upon the death of the person making the same, shall be deemed to have been or to be made as the case may be in anticipation of the passing of this Act, or with intent to evade the payment of the duty thereunder. All property of any kind whatsoever the subject matter of a donatio mortis causâ shall upon the death of the person making such donatio mortis causâ be deemed to form part of his property for the purpose of estimating the duty payable under this Act, and duty shall be paid upon it as upon any other part of such person's property, and the payment of such duty may be enforced against such property the subject matter of such donatio mortis causâ in the same way as against any other property of or to which such person may die seised possessed or entitled. Duties in case of widows and children. 24. When any person dies intestate leaving a widow and children (a) the only persons entitled in distribution to his estate, the duty shall be calculated at one-half only of the per centage mentioned in the Schedule; when any person dies intestate leaving a widow and no children, the duty shall be calculated so as to charge one-half only of the duty upon the distributive share of such widow; when the widow of a testator or widow and children of a testator or children of a testator are the only persons entitled under his will, the duty shall be calculated at one-half only of the per centage mentioned in the Schedule; and when other persons are entitled under such will the duty shall be calculated so as to charge only one-half of the per centage mentioned in the Schedule upon the property devised or bequeathed to the widow of a testator or widow and children of a testator or children of a testator. 25. [Repealed by 36 Vict. No. 427 s. 2, "Administration (Deceased Persons' Estates)," ante, p. 17.] (a) "Children " in this section means and includes "grandchildren;" see 35 Vict. No. 403 8. 2 & 3, "Duties on Estates of Deceased Persons (Amendment)," post. (b) It is the obvious policy of this Act to obtain payment at once of all the duty with which the estate may be chargeable, and it does not deal with contingencies which may arise after many years. Therefore a gift to children with a contingent gift over to a stranger is not within the exception, and is liable to pay the full duty. In re Hamilton, 3 A.J.R., 95. 26. The Supreme Court may from time to time make rules or 34 VICTORIA, regulations whereby any guarantee society may become a surety in any administration bond under any Act now in force. No. 388. Court may make rules for accepting administration bond from guarantee society. SCHEDULE. PART I. 1. On the estates, real and personal, of deceased person :-(a) Where the total value of such estates after deducting all debts does not exceed £1,000 PART II. 1 per cent. 2 per cent. 3 per cent. 4 per cent. 5 per cent. 2. On all settlements of property made by any person, and containing trusts or dispositions to take effect after his death, duties at the same rate as is provided in Part I. PART III. 3. On the granting of probate, pursuant to leave reserved or letters of administration de bonis non the fee of Two pounds. (a) Children of intestates subject to half duty only by s. 3 of the following Act. Section 78 15. See art 523 DUTIES ON ESTATES OF DECEASED An Act to amend the "Duties on the Estates of [23rd November 1871.] BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:-(a) (a) This Act is not declaratory nor is it retrospective.-Graham v. Graham, 5 A.J.R., 100. 35 VICTORIA, No. 403. Construction of Act. Short title. The word "children" to include (AMENDMENT). 1. This Act shall be construed as one with the Act of the Parliament of Victoria No. CCCLXXXVIII. which is hereinafter referred to as the "Principal Act" and may be cited for all purposes as the "Duties on Estates Amendment Act 1871." 2. The word "children" in the twenty-fourth section of the grandchildren. Principal Act shall be construed to mean and include grandchildren, and in all cases where probate letters of administration or rule to administer are issued subsequently to the passing of this Act the duty or fee payable under the Principal Act shall be calculated with reference to grandchildren accordingly. Children of intes tates subject to 3. When after the passing of this Act any person dies intestate half duty only. leaving children the only persons entitled in distribution to his estate the duty shall be calculated at one-half only of the percentage mentioned in the Schedule to the Principal Act. Duty heretofore paid not to be affected. 4. Nothing in this Act contained shall be deemed or taken to affect any duty or fee heretofore paid under the authority of the Principal Act. 5. [Repealed by 36 Vict. No. 427 s. 2, "Administration (Deceased Persons' Estates)," ante, p. 17.] An Act to amend the Law relating to Education. [17th December 1872.] BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows :— 1. This Act shall be called and may be cited as "The Education Title of Act. Act 1872," and shall come into operation on the first day of January One thousand eight hundred and seventy-three. 2. The Act No. CXLIX. shall be repealed from the thirty-first Repeal of Act day of December One thousand eight hundred and seventy-two, and No. 149. all regulations thereunder shall thenceforth cease to have any effect. clause. 3. In the construction and for the purposes of this Act the Interpretation following terms shall if not inconsistent with the context or subjectmatter have the respective meanings hereby assigned to them, that is to say : "Board of Education" shall mean the Board which existed "Denominational body" shall mean any church religious "State School" shall mean a school conducted in a building The term "Parent" includes guardian and every person who is 33 & 34 Vict. 4. No money voted for the purposes of this Act shall be paid in Money voted how or towards the support of any school except for the purposes herein- expended. after expressly provided. And no Crown lands shall be reserved or Lands to vest in granted for the site of a school or college after the passing of this Minister. |