402

2662. Twelve Months.-No executor can be compelled to pay a legacy in less than twelve months. How far over twelve months either a creditor or

a legatee may be compelled to wait depends entirely upon circumstancss.

2663. Legacies. Any gift or benefit due under the provisions of a will or codicil is a "legacy."

2664. Specific Legacies.A legacy may be a specific thing, as a particular farm, a house, a lease, a debt, money in a certain chest or a certain bank, or a certain sum, shares in a company, the furniture or pictures in a house or in one room, a single picture, cabinet, table, chair, watch, snuff box, gun, walking stick, wooden spoon, or "a shilling.

2665. General Legacies.-Any specified share in the proceeds of an estate is a general legacy.

2666. Immediate Legacies. An immediate legacy is one payable as soon as all common debts are satisfied.

2667. Deferred Legacies.-A deferred legacy may be an annuity, or a settlement without power of anticipation, or subject to some contingency, as the death of an intermediate person who is meanwhile a legatee for life only. -2668. Extreme Caution Desirable.-Executors cannot be too cautious when and to whom they pay legacies under a will; for though the will may authorize them, it does not always follow that the legatees, as such, are legally entitled to stand in.

If

2669. Assent by Executor. an executor assents to a claim by a legatee under a will, such legatee has immediately, by virtue of such assent, a legal right to his legacy.

2670. Congratulation Sufficient. -Should an executor congratulate a legatee upon his legacy, without at the same time expressing doubt as to sufficiency of assets, such congratulation

Twenty

2684. Exceeding Pounds. Ifa legatee takes two or more legacies under the same will or intestacy, which legacies, added together, amount to £20, the duty must be paid, subject to the other exceptions.

2685. Royal Family. If the legatee is a member of the Royal Family, there is no duty to pay.

2686. Literature and Science. —If the legacy be in the nature of a literary or scientific bequest to a public body, there is no duty to pay.

2687. Widows and Widowers. -If the legatee is the widow or widower of the deceased, there is no duty to pay.

2688. Charity.—If a legacy be for a charitable purpose," then it is chargeable with duty.

2689. Fathers and Mothers.— If the legatee is the father or mother of

the deceased, the duty is at the rate of one per cent,

2690. Children and their Descendants.—If the legatee is a child or other descendant of the deceased, the duty is at the rate of one per cent.

2691. Brothers and Sisters, and their Descendants.—If the legatee is the brother or sister of the deceased, or any descendant thereof, the duty is at the rate of three per cent.

2692. Uncles, Aunts, and their Descendants.—If the legatee is a brother or sister of the father or mother of the deceased, or any descendant thereof, the duty is at the rate of five per cent.

2693. Great Uncles, GreatAunts, and their Descendants.— If the legatee is a brother or sister of a grandfather or grandmother of the the duty is at the rate of six per cent. deceased, or any descendant thereof,

2694. Remote Kindred.-If the

legatee is related to the deceased in any sister of a grandfather or grandmother degree more remote [than a brother or of the deceased, or any descendant thereof), the duty is at the rate of ten

per cent.

object of succession duty is to charge, 2695. Succession Duty. — The in lieu of, and in the manner of, legacy duty, any real property devolving by will; or any real or personal property devolving, by reason of death, under any instrument other than by will or intestacy.

2696. Amount Payable. — Suc. cession duty is not chargeable upon any part of an estate which, in the aggregate, does not amount to £100; in other respects, the rates, conditions, and exceptions of succession duty are now precisely the same as those of legacy duty.

404

which is liable to succession duty, or, otherwise, the trustee, guardian, committee, tutor, curator, or husband of such person, is accountable for the duty.

The person accountable for succession duty, upon coming into possession of the property in respect of which it is payable, is required to give notice thereof to the Commissioners of Inland Revenue-if in London, at Somerset House, or if in the country, at the district inland revenue office.

If the person who is thus accountable fails to give notice of the succession, he is liable to a penalty of ten per cent. upon the minimum duty that may be payable, and a like additional penalty for every month's delay.

pro

Should the person continue neglecting to give the required notice, the Commissioners have power to take ceedings for the enforcement of a return and payment of the duty and all incidental costs, leaving only the residue

for the successor.

Forms of notice of succession are obtainable gratis at Somerset House, or at any district inland revenue office, and the return must be made upon such

form; and if the Commissioners are not satisfied with the whole or any part of the account of the property succeeded to, they may require amendments or cause a valuation of the property and an investigation of all the circumstances. Should the assessment of the Commissioners be higher than that made in the return, the higher amount must be paid, with costs; but, if a dispute arises, the successor or his representative has an appeal, subject to costs should the appeal fail.

If the property to be charged with duty cannot be strictly valued, it may be compounded for at the discretion of the Commissioners. Mines, and other works of fluctuating value, are calculated at an average of the time they have been in work, but no allowance is made for contingencies.

In case of the succession being to personal property immediately avail

able, the duty is all payable twelve months after possession; yet if the interest of the successor consists of income to be derived from rents or any other annual payments, the value is estimated as for an annuity, according to the very long and elaborate table provided by statute; thus, when the net annual value is assessed at £2,570, and the successor is only twenty years of age, the annuity value is, in round figures £44,954, one per cent. upon which is, in round figures, £450, and that is the duty chargeable to any direct descendant who becomes a suc

cessor.

The payment of succession duty upon landed property may be in eight equal half yearly instalments; or, if deferred instalments are voluntarily paid in advance, the allowance thereon is four per cent. per annum.

Property which is only partially succeeded to is only chargeable when succeeded to, in the proportion acquired from time to time.

Excess of duty paid may be obtained back, on evidence of such excess.

Purchasers of land or other property chargeable with succession duty (2695), chase, if it is not made previously. are liable to pay the duty after the pur

If any succession duty, or instalment thereof, is not paid within twenty-one days after it becomes due, a penalty is incurred of ten per cent. upon the duty payable, and an additional penalty of a like amount for every further delay of a

calendar month.

should remain unpaid for an unreasonIf, in defiance of penalties, any duty able time, the Commissioners may procure an order from a superior court to seize the property and pay thereout the

duty in full with all penalties and

costs.

The executor or administrator is bound to include in his affidavit all the property he reasonably expects to receive; but he is entitled to exclude debts which he has reason to believe are bad, though he may endeavour to recover them. If anything afterwards proves available, he must make another affidavit.

throughout a consideration of the subject a word implying the masculine gender is equally applicable to the feminine gender of all ages and conditions.

2699. Age. There is no prescribed age which is legally too young for a boy or girl to be effectually bound apprentice; though,

2700. Parish Apprentices. It is expressly provided that parish apprentices cannot be effectually bound under the age of nine years.

2701. Test of Intelligence.-If a boy or girl is bound apprentice under the age of twelve, and any question of legality on account of age arises, it must be determined by the apparent intelligence of the child, and the circumstances of the case; but

2702. At Twelve.-As a general rule, the binding of an apprentice at the age of twelve years is sufficiently effectual; and

2703. At Fourteen.-At the age of fourteen is certainly so, in the absence of fraud.

2706. Period of Apprenticeship.-The term may legally be of any length upon which the parties may agree; nevertheless, if a minor, say of sixteen years, is bound apprentice for a period say of seven years, extending beyond his majority, he may avoid the indenture on his attaining the age of twenty-one, or, on arriving at that age, he may consent to serve for the remainder of his term.

2707. Serving and Teaching.Any agreement between a master and a servant, whereby the latter agrees to serve for a stated time, and the former agrees, as part or only consideration, to teach, is an apprenticeship, whether it be so called or not, and both parties are liable on the contract accordingly; consequently,

2708. No Essential Form.There is no particular form of words necessary for the effectual making of a contract of apprenticeship; and an apprenticeship may be made subject to any reasonable conditions which both parties may agree to.

2705. Discretion of Apprentice. -Apprenticeship is at the discretion of the apprentice; thus, if a boy or youth thinks proper to bind himself apprentice without the knowledge or consent of his father, the father has no legal power to prevent or annul

2710. More than One Year.An apprenticeship for more than one year, or for less if a premium be taken, cannot be effectually entered upon without writing; and