1. When the transfer is by will or by the intestate laws of this State from any person dying seized or possessed of the property while a resident of this State. 2. When the transfer is by will or intestate law, of property within the State, and the decedent was a non-resident of the State at the time of his death. 3. When the transfer is of property made by a resident or by a non-resident, when such non-resident's property is within this State, by deed, grant, bargain, sale or gift made in contemplation of the death of the grantor, vendor, or donor, or intended to take effect, in possession or enjoyment at or after such death. Such tax shall also be imposed when any such person or corporation becomes beneficially entitled, in possession or expectancy, to any property or the income thereof by any such transfer, whether made before or after the passage of this act. Such tax shall be at the rate of five per cent upon the clear market value of such property, except as otherwise prescribed in the next section. EXCEPTIONS AND LIMITATIONS. SEC. 2. When the property or any beneficial interest when property therein passes by any such transfer to or for the use of exempt. any father, mother, husband, wife, child, brother, sister, wife or widow of a son or the husband of a daughter, or any child or children adopted as such in conformity with the laws of this State, of the decedent, grantor, donor or vendor, or to any person to whom any such decedent, grantor, donor or vendor for not less than ten years prior to such transfer stood in the mutually acknowledged relation of a parent, or to any lineal descendant of such decedent, grantor, donor or vendor born in lawful wedlock, such transfer of property shall not be taxable under this act, unless it is personal property of the value of five thousand dollars or more, in which case it shall be taxable under this act at the rate of one per centum upon the clear market value of such property. LIEN OF TAX AND PAYMENT THEREOF. paid. SEC. 3. Every such tax shall be and remain a lien upon Tax a lien on the property transferred until paid, and the person to whom property until the property is so transferred, and the administrators, executors and trustees of every estate so transferred, shall be per- Executors liable. sonally liable for such tax until its payment. The tax shall To whom paid. be paid to the treasurer of the county in which the probate court has jurisdiction as herein provided; and said treasurer shall give, and every executor, administrator, trustee or person shall take duplicate receipts from him of such payment, one Receipis, to of which he shall immediately send to the State Treasurer, whose duty, it shall be to charge the treasurer so receiving Duty of Treas the tax with the amount thereof and to seal said receipt with the seal of his office and countersign the same and return it whom sent, urer. Receipt neces- of transfer. to the executor, administrator, trustee or person whereupon it shall be a proper voucher in the settlement of his accounts; but no executor, administrator or trustee shall be entitled to a final accounting of an estate in settlement of which a tax is due under the provisions of this act, unless he shall pro duce a receipt so sealed and countersigned by the county treasurer, or a copy thereof certified by him, or unless a bond shall have been filed as prescribed by section seven of Tax due at time this act. All taxes imposed by this act shall be due and payable at the time of the transfer: Provided, however, That taxes upon the transfer of any estate, property or interest therein limited, conditioned, dependent or determinable upon the happening of any contingency or future event by reason of which the fair market value thereof can not be ascertained at the time of the transfer as herein provided, shall accrue and become due and payable when the persons or corporations beneficially entitled thereto shall come into actual possession or enjoyment thereof. Proviso. Discount on tax. Interest charged, when. Property may be DISCOUNT, INTEREST AND PENALTY. SEC. 4. If such a tax is paid within six months from the accruing thereof, a discount of five per centum shall be allowed and deducted therefrom. If such tax is not paid within eighteen months from the accruing thereof, interest shall be charged and collected thereon at the rate of eight per centum per annum from the time tax accrued; unless by reason of claims made upon the estate, necessary litigation or other unavoidable cause of delay, such tax can not be determined and paid as herein provided, in which case interest at the rate of six per centum per annum shall be charged upon such tax from the accrual thereof until the cause of such delay is removed, after which eight per centum shall be charged. In all cases when a bond shall be given under the provisions of section seven of this act, interest shall be charged at the rate of six per cent from the accrual of the tax until the date of the payment thereof. COLLECTION OF TAX BY EXECUTORS, ADMINISTRATORS AND SEC. 5. Every executor, administrator or trustee shall have sold to pay tax, full power to sell so much of the property of the decedent as will enable him to pay such tax in the same manner as he might be entitled by law to do for the payment of the debts of the testator or intestate. Any such administrator, executor or trustee having in charge or in trust any legacy or property for distribution subject to such tax, shall deduct the tax therefrom; and within thirty days therefrom shall pay over the same to the county treasurer as herein provided. If such legacy or property be not in money, he shall collect the tax thereon upon the appraised value thereof from the L be delivered un person entitled thereto. He shall not deliver or be com- No property to in money. on such real property until paid, and the payment thereof Enforcement of REFUND OF TAX ERRONEOUSLY PAID. is neously paid. SEC. 6. If any debts shall be proven against the estate of When debts a decedent after the payment of any legacy or distributive Proven after tax share thereof from which any such tax has been deducted or upon which it has been paid by the person entitled to such legacy or distributive share, and such person is required to refund the amount of such debts or any part thereof, an equitable proportion of the tax shall be paid to him by the executor, administrator or trustee, if the tax has not been paid to the county treasurer or State Treasurer or by such county treasurer or State Treasurer if such tax has been paid to him. When any amount of said tax shall have been paid When tax erroerroneously into the State treasury it shall be lawful for the State Treasurer of this State, upon satisfactory proof presented to him of the facts, to require the amount of such erroneous or illegal payment to be refunded to the executor, administrator, trustee, person or persons who have paid any such tax in error from the treasury; or the said State Treasurer may by order direct and allow the treasurer of any county to refund the amount of any illegal or erroneous payment of such tax out of the funds in his hands or custody to the credit of such taxes, and credit himself with the same in his quarterly account rendered to the treasurer of this estate under this act: Provided, Proviso. however, That all applications for such refunding of erroneous taxes shall be made within five years from the payment thereof. DEFERRED PAYMENT. SEC. 7. Any person or corporation beneficially interested Payment of tax in any property chargeable with a tax under this act, and may be deferred. executors, administrators and trustees thereof, may elect If personal property, bond to be given. within one year from the transfer thereof as herein provided, not to pay such tax until the person or persons beneficially interested therein shall come into the actual possession or enjoyment thereof. If it be personal property the person or persons so electing shall give a bond to the State in a penalty of three times the amount of such tax, with such sureties as the judge of probate o the proper county may approve, conditioned for the payment of such tax and interest thereon, at such time and period as the person or persons beneficially interested therein may come into the actual possession or enjoyment of such property, which bond shall be Return made in filed in the office of the probate court. Such bond must be executed and filed and a full return of such property upon oath made to the probate court within one year from the date of transfer thereof as herein provided, and such bond must be renewed every five years. one year. Excess shall be taxed. Transfer of elgn executor. Corporations. TAXES UPON DEVISES AND BEQUESTS IN LIEU OF COMMISSIONS. SEC. 8. If a testator bequeaths or devises property to one or more executors or trustees in lieu of their commissions or allowances, or makes them his legatees to an amount exceed. ing the commissions or allowances prescribed by law for an executor or trustee, the excess in value of the property so bequeathed or devised above the amount of commissions or allowances prescribed by law in similar cases, shall be taxable under this act. LIABILITY OF CERTAIN CORPORATIONS TO TAX. SEC. 9. If a foreign executor, administrator or trustee stock from for shall assign or transfer any stock or obligations in this State standing in the name of a decedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the treasurer of the proper county on the transfer thereof. No safe deposit company, trust company, bank or other institution, person or persons holding securities or assets of a decedent, shall deliver or transfer the same to the executors, administrators or legal representatives of said decedent, unless notice of the time and place of such intended transfer be served upon the county treasurer at least five days Examination of prior to the said transfer. And it shall be lawful for the said county treasurer, personally or by representative, to examine said securities or assets at the time of such delivery Failure to serve or transfer. Failure to serve such notice or to allow such examination shall render said safe deposit company, trust company, bank or other institution, person or persons liable to the payment of the tax due upon said securities or assets in pursuance of the provisions of this act. securities. notice. Powers of pro JURISDICTION OF THE PROBATE COURT. SEC. 10. The probate court of every county of the State bate court. having jurisdiction to grant letters testamentary or of admin istration upon the estate of a decedent whose property is chargeable with any tax under this act, or to appoint a trustee of such estate or any part thereof, or to give ancillary letters thereon, shall have jurisdiction to hear and determine all questions arising under the provisions of this act, and to do any act in relation thereto authorized by law to be done by a judge of probate in other matters or proceedings coming within his jurisdiction; and if two or more probate courts shall be entitled to exercise any such jurisdiction, the judge of probate first acquiring jurisdiction hereunder shall retain the same to the exclusion of every other judge of probate. Every petition for ancillary letters testamentary or Petition for ancillary letters of administration shall set forth the name ancillary letters. of the county treasurer as a person to be cited as therein prescribed, and a true and correct statement of all the decedent's property in this State and the value thereof; and upon the presentation thereof the judge of probate shall issue a citation directed to such county treasurer, and upon the return of the citation the judge of probate shall deter- Amount of tax. mine the amount of the tax which may be or become due under the provisions of this act, and his decree awarding the letters may contain any provision for the payment of such tax, or the giving of security therefor, which might be made by such judge of probate if the county treasurer were a creditor of the decedent. APPOINTMENT OF APPRAISERS. to contain what. shall appoint when. to be appraised SEC. 11. The judge of probate, upon application of any Probate judge interested party, including county treasurers, or upon his appraiser, own motion, shall, as often as, and whenever occasion may require, apoint a competent person as appraiser, to fix the fair market value at the time of the transfer thereof, of property of persons whose estates shall be subject to the payment of any tax imposed by this act. If the property Entire property upon the transfer of which a tax is imposed shall be an estate, income or interest for a term of years, or for life, or determinable upon any future or contingent estate, or shall be a remainder or reversion or other expectancy, real or personal, the entire property or fund by which such estate, income or interest is supported, or of which it is a part, shall be appraised immediately after such transfer, or as soon thereafter as may be practicable, at the fair and clear market value thereof at that time: Provided, however, That when such estate, income Proviso. or interest shall be of such a nature that its fair and clear market value cannot be ascertained at such time, it shall be appraised in like manner at the time when such value first became ascertainable. The value of every future or contin- Valne of future gent or limited estate, income, interest or annuity dependent mination of. upon any life or lives in being shall be determined by the rule, method and standard of mortality and value employed by the commissioners of insurance in ascertaining the value estate, deter |