Lord Merrivale, J.:-

The Erie Beach Company, Limited, appeals against the judgment of the Appellate Division of the Supreme Court in an action upon an agreed statement of facts wherein the company prayed a declaration that certain shares of its capital stock registered in the name of Frank V. E. Bardol, deceased, and other like shares allotable to him under a contract of his with the company were not upon his death subject to duty under the Ontario Succession Duty Act; a declaration that the company is not under S. 10 of the Act liable to pay duty in respect of a transfer of such shares permitted by the Company before payment of succession duty thereon or security given for the payment of the same; and a declaration that S. 10 of the Act in so far as it purports to impose the last mentioned duty on the company is ultra vires of the Province of Ontario.

Frank V. E. Bardol was at all material times domiciled in the State of New York in the United States of America. The plaintiff company is incorporated in Ontario under the Ontario Companies Act, 1914, having as its chief object the establishment, ownership and conduct of an amusement park upon a site at the village of Fort Erie on the