|
|
Mode of ascertaining duty on property not reduced into money.
|
24. And . . . in cases of specific legacies, and where the residue of any personal estate shall consist of property which shall not be reduced into money, it shall be lawful for the person or persons having or taking the burthen of the administration of such effects, or the person or persons by whom the duty thereon ought to be paid, to set a value thereon, and to offer to pay the duty according to such value, or to require the commissioners for management of stamp duties to appoint a person to set and appraise such value at the expence of the person or persons by whom such duty ought to be paid; and it shall be lawful for the commissioners to accept the duty offered to be paid upon the value set by the person or persons having or taking the administration of such effects or by whom the duty for the same shall be payable, without such appraisement, if the said commissioners shall think fit so to do; but if the said commissioners shall not be satisfied with the value so set, on which the duty shall be so offered, it shall be lawful for the said commissioners, notwithstanding such offer, to appoint a person to appraise such effects and to set the value thereon, on which value so set the said commissioners shall assess the duty payable in respect thereof, and require the same to be paid; but if the person or persons by whom such duty shall be payable shall not be satisfied with the valuation made under the authority of the said commissioners, and pay the duty accordingly, it shall be lawful for such person or persons, at any time within three calendar months after he, she, or they shall have notice of such valuation, to appeal therefrom to, and to cause the valuation so made under the authority of the said commissioners to be received by the commissioners of appeals in revenue causes in Ireland; and if the valuation made under the authority of the said commissioners of the stamp duties shall not be duly appealed from within the period aforesaid, or shall be affirmed upon appeal, the duty shall be paid according to such valuation; and if any variance shall be made on such appeal, the duty shall be paid according to such variance; and if the duty assessed in manner aforesaid shall exceed the duty offered to and refused by the said commissioners of stamp duties, the expence of such appraisement and other proceedings in assessing such duty shall be borne by the person or persons by whom such duty shall be payable; and if any dispute shall arise between any person or persons entitled to any such legacy or residue or part of residue and any person or persons having or taking the burthen of the administration of such effects, with respect to the value thereof, or with respect to the duty to be paid thereon, the duty shall be assessed by the said commissioners of stamp duties, on reference to them by either party for that purpose; and if the value of any property on which such duty ought to be paid shall be in dispute, the said commissioners of the stamp duties shall cause an appraisement to be made thereof at the expence of the person or persons by whom such duty ought to be paid, in the manner herein-before directed in other cases, and assess the duty thereon accordingly; and if such person or persons by whom such duty ought to be paid shall be dissatisfied with such valuation or with the assessment of duty made upon such valuation by the said commissioners of the stamp duties, the same shall be reviewed and finally determined by the said commissioners of appeals in revenue causes, upon appeal to them within the time and in the manner herein-before directed in other cases; but if such valuation or assessment shall not be duly appealed from within the time limited for that purpose, or shall be affirmed upon appeal, the duty shall be paid according thereto; and if any variance shall be made therein on such appeal, the duty shall be paid according to such variance.
|
