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If by infancy or absence, &c. legacies cannot be paid, the money may be paid into the Bank of Ireland and laid out in the 3½ per cents. under control of the Court of Chancery.
Excess of duty to be returned.
Mode of payment of further duty.
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33. Provided always, . . . that where by reason of the infancy or absence beyond the seas of any person entitled to any legacy or to the residue of any personal estate or any part thereof chargeable with duty by virtue of this Act, or by reason of any doubt as to the construction of any will, the person or persons having or taking the burthen of any will or testamentary instrument, or the administration of such personal estate, cannot pay such legacy or some part thereof, although he, she, or they may have effects for that purpose, or cannot pay such residue, or some part thereof, although he, she, or they may have the same or some part thereof in his or their hands, it shall be lawful for such person or persons to pay such legacy or residue or any part thereof respectively, or any sum or sums of money on account thereof, after deducting the duty chargeable thereon, into the Bank of Ireland, with the privity of the accountant general of the Court of Chancery in Ireland, to be placed to the account of the person or persons for whose benefit the same shall be so paid, or of the person who may be entitled thereto, for payment of which money the said accountant general shall give his certificate as usual in such cases, on production of the certificate of the commissioners of stamp duties that the duty thereon has been duly paid; and such payment into the Bank shall be a sufficient discharge for the money so paid in, provided the duty be also paid thereon as aforesaid; and such money when paid in shall be laid out by the said accountant general without any formal request for that purpose in the purchase of three and an half pounds per centum consolidated government stock in the Bank of Ireland; and the dividends thereon shall be received from time to time by the accountant general and laid out in like manner, and the whole of such stock with the dividends thereon shall be transferred and paid to the person or persons entitled thereto, or otherwise applied for his or their benefit, on application to the Court of Chancery by petition or motion in a summary way: Provided always, that if it shall afterwards appear that such money or any part thereof has been improperly paid into the Bank as aforesaid, it shall also be lawful for the said Court of Chancery upon petition in a summary way to dispose thereof, and of the stock purchased therewith and the dividends received thereon, in such manner as justice shall require: Provided also, that if it shall appear that the duty paid in respect of any sum of money was more than ought to have been paid, it shall be lawful for the person or persons who shall have paid such duty to apply to the said commissioners for management of the stamp duties to repay such excess of duty; and the said commissioners are hereby authorized upon such application to repay such excess of duty to such person or persons as shall appear to them entitled to receive the same, or to pay such excess of duty into the Bank, with the privity of the said accountant general, for the benefit of the person or persons entitled thereto, to be placed to the same account and to be applied in the same manner as the same would have been applicable, if paid together with the remainder of the legacy or sum of money in respect of which the same shall have been paid; and the said commissioners are hereby authorized to make such payments respectively out of the monies in their hands arising from duties under their management; and if the duty paid to the said commissioners shall appear to be less than the duty which ought to have been paid, it shall be lawful for the person or persons who paid such money into the Bank as aforesaid upon payment of the full duty to the said commissioners in such manner as the same ought to be paid, with such penalties, if any, as ought to be paid in respect thereof, to apply to the Court of Chancery in a summary way for the repayment of the further sum paid to the said commissioners for such duty out of the money in the Bank so paid in by such person or persons, or the produce thereof; which payment the said court is hereby authorized to order.
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