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TITLE
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ARTICLE SECOND.
OF THE PAYMENTS AND RETURNS TO BE MADE BY THE COUNTY TREA-

SURERS, AND THE DUTY OF THE COMPTROLLER, AND OTHER OFFICERS
THEREUPON.

ARTICLE THIRD.
OF SALES FOR UNPAID TAXES AND THE CONVEYANCE AND REDEMPTION

OF LANDS SOLD.
(Articles 2 & 3 of this Title were repealed by Laws of 1850, ch. 298, and the latter was repealed
by Laws of 1855, ch. 427. Both those

acts established a new system in place of these two articles, but neither were made parts of the Revised Statutes.)

See Laws of 1846, ch. 327; 1851, ch. 371. Post, vol. 3, pp. 348, 351, 357.

(414)

TITLE IV.
REGULATIONS CONCERNING THE ASSESSMENT OF TAXES ON

INCORPORATED COMPANIES, AND THE COMMUTATION OR COL

LECTION THEREOF.
Sec. 1. Monied corporations, liable to taxation.

2. Such company to deliver statement annually to assessors.
3. A like statement to be delivered to comptroller.
4. Forfeiture for omitting.
5. If company prosecuted, terms on which suit may be discontinued.
6. Assessors to enter such companies and their property in assessment roll
7. (Repealed.)
8. Value of stock may be reduced.
9 to 14. (Repealed.)
15. Assessments on companies to be set down in 5th column of corrected roll
16. Supervisors to send names of companies to comptroller, &c.
17. Taxes on companies to be demanded; how collected.
18. To be paid out of the funds of the company.
19. If collector cannot collect tax, to return same to county treasurer, &c.
20. County treasurer to certify facts to comptroller; taxes how to be credited.
21. Duty of comptroller and attorney-general.
22. Chancellor to order sequestration, to satisfy taxes and costs.
23. Attorney-general may also recover such tax with costs.
24. Rail roads to furnish lists.
25. Effect of the lists.
26. Penalty for neglect.
27. Certain sections applicable.

28. Repealing clause. Companies $ 1. All monied or stock corporations deriving an income jable to taxation. or profit from their capital, or otherwise, shall be liable to taxation on their capital, in the manner herein after prescribed.

See Laws of 1853, ch. 469 ; 23 N. Y., 193; 21 N. Y., 452; 16 N. Y,

424; 8 N. Y., 242; 4 N. Y., 444; 32 B., 511; 28 B., 320; 20 B, 81; 8 B., 453; 7 H., 261, 504; 4 H., 22; 1 H., 606; 25 W., 686; 10 W., 186; 4 Cow., 556; 20 How. P. R., 184; 15 How. P R, 173; 5 S. S. C., 10; 47 B., 591; 44 B., 158; 29 How. P. R., 3i..

Post, vol. 4, p. 242. omcers to S 2. The president, cashier, secretary, treasurer, or other deliver statements proper officer, of every such incorporated company, shall, on

or before the first day of July in each year, make and deliver to the assessors, or one of them, of the town or ward in which such company is liable to be taxed, according to the provisions of the sixth section of the second Title of this Chapter, a written statement. speciying.

to assessors.

TITLE 4

comptrot

1. The real estate, if any, owned by such company, the towns or wards in which the same is situated, and the sums actually paid therefor:

2. The capital stock actually paid in and secured to be paid in, excepting therefrom the sums paid for real estate, and the amount of such capital stock held by the state, and by any incorporated literary or charitable institution : And,

3. The town or ward in which the principal office or place of transacting the financial business of such company, is situated; or if there be no such principal office, the town or [415] ward in which its operations are carried on, or in which it is liable to be taxed, under the provisions of this Chapter.

21 N. Y., 452; 28 B., 320; 17 How. P. R., 208. S 3. The president or other proper officer of every such And to company, shall also deliver to the comptroller, on or before ler. the first day of July in each year, a written statement, containing the same matters required by the foregoing section, to be specified in the statement to be delivered to the assessors. The statements required by this and the preceding section of this Title, shall be certified under the oath of the said president or other proper officer, to be in all respects just and true.

§ 4. If the statements above required, or either of them, Penalty. shall not be furnished by any company to the assessors and to the comptroller, within thirty days after the time above provided, the company neglecting to furnish such statements, or either of them, shall forfeit to the people of this state, for each statement omitted to be furnished, the sum of two hundred and fifty dollars : and it shall be the duty of the comptroller to furnish the attorney-general with an account of all companies that shall neglect to render such lists, that he may prosecute for the penalties hereby imposed.

S 5. If any company, that shall be prosecuted for any such suit thero penalty, shall pay the costs of prosecution and furnish the statement required, the comptroller, if he shall be satisfied that the omission was not wilful, may, in his discretion, discontinue such suit.

S 6. The assessors shall enter all incorporated companies Companies, from which such statements shall have been received by them, sessed. and the property of such companies, and the property of all other incorporated companies, liable to taxation in their respective towns, in their assessment rolls, in the following manner :

1. They shall insert in the first column of their assessment rolls, the name of each incorporated company in their respective towns or wards, liable to taxation on its capital, or otherwise; and under its name, they shall specify the amount of its capital stock paid in, and secured to be paid in; the amount paid by such company for real estate, then belonging to such company, wherever the same may be situated, the amount of all surplus profits or reserved funds, exceeding ten per cent of their capital after deducting therefrom the said amount of

for.

section

TITLE & said real estate, and the amount of its stock, if any, belonging

to the state, and to incorporated literary and charitable insti.

tutions. (4161 2. In the second column, they shall enter the quantity of

real estate owned by such company, and situated within their town or ward; and in the third column, the actual value thereof, estimated as in other cases.

3. In the fourth column, they shall enter the amount of the capital stock of every incorporated company, paid in, and secured to be paid in, and of all surplus profits or reserved funds as aforesaid ; after deducting the sums paid out for all the real estate of such company, wherever the same may be situated, and then belonging to it, and the amount of stock, if any, belonging to the people of this state, and to incorporated literary and charitable institutions.

Laws of 1853, ch. 654; 21 N. Y, 451; 12 B., 223; 1 B. Chi, 449; 7 ,

261; 4 Pai., 401, 394; 24 How. P, R., 250. Proceding $ 8. The provisions of the fifteenth section of the second cxtended. Title of this Chapter, shall be, and are hereby extended to the

incorporated companies in the two preceding sections named; and the president, secretary, or other proper officer, may make the affidavit required by said section.

Sec. 9, 10, & 14, repealed hy Laws of 1857, ch. 456; post, vol. 3, p.

373; and $ 7, 11, 12, 13, repealed by Laws of 1853, ch. 654. (417) $ 15. The amount of taxes assessed on all incorporated Tares to be companies liable to taxation, shall be set down by the board collected. of supervisors, in the fifth column of the corrected assessment

roll, and shall form a part of the monies to be collected by the collector.

Laws of 1857, ch. 456. Post, vol 3, p. 373. Duty of $ 16. The board of supervisors having completed the assesssapervi

ment, shall transmit to the comptroller, with the aggregate valuations of the real and personal estate in their county, a statement, showing the names of the several incorporated companies liable to taxation in such county; the amount of the capital stock paid in, and secured to be paid in, by each; the amount of real and personal property of each, as put down by the assessors, or by them; and the amount of taxes assessed on each. In those counties in which there is no such company, the boards of supervisors shall certify such fact to the comptroller, with their returns of the aggregate valuations

of real and personal estate. Duty of $ 17. The collector shall demand payment of all taxes ascollector.

sessed on incorporated companies, from the president, or other proper officer, of such companies, and if not paid, shall proceed in the collection and payment thereof, in the same manner as in other cases, and shall be liable to the same penalties for the non-payment of monies collected by him. And the collector's receipt shall be evidence of the payment of such tax.

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TITLE Taxes how

$ 18. Such taxes shall be paid out of the funds of the company, and shall be rateably deducted from the dividends of paid. those stockholders whose stock was taxed, or shall be charged upon such stock, if no dividends be afterwards declared.

See Laws of 1845, ch. 195, § 1. $ 19. If the collector shall not be able to collect any tax Proceedassessed upon an incorporated company, he shall return the taxes cansame to the county treasurer, and at the same time, make lected. affidavit before the county treasurer, or some other officer (418) authorised to administer oaths, that he had demanded payment thereof from the president, or other proper officer of the company, and that such officer had refused to pay the same, or that he had not been able to make such demand, as the case may be; and that such company had no personal property, from which he could levy such tax.

S 20. The county treasurer shall thereupon certify such ib. facts to the comptroller, who shall pass to the credit of such county treasurer the amount of all taxes so returned and certified, as in the cases of taxes on the lands of non-residents.

S 21. The comptroller shall furnish the attorney-general, Attoruega with the names of all companies and banks refusing or neglect- le bin ia ing to pay the taxes imposed on them, with the amount due chancery. from them respectively; and the attorney-general shall thereupon file a petition in the supreme court, against every such company, or bank, for the discovery and sequestration of its property.

Laws of 1857, ch. 456. Post. vol. 3, p. 373. $ 22. The chancellor, on the filing of such bill, or on the Powers of coming in of the answer thereto, shall order such part of the property of such company to be sequestered, as he shall deem necessary for the purpose of satisfying the taxes in arrear, with the costs of prosecution; and he may also, at his discretion, enjoin such company, and the officers thereof, from any further proceedings under their act of incorporation, and may order and direct such other proceedings, as he shall deem necessary, to compel the payment of such tax and costs. S 23. The attorney-general may also recover such tax, with Furthor

remedy. costs, from such delinquent company, by action in any court of record in this state.

By Laws of 1857, ch. 536; the 23 sections of this Title are declared

inapplicable tą rail road corporations, and the following sections 24,

25, 26, 27, and 28, were added to this Title. $ 24. It shall be the duty of every rail road corporation of Railroad this state, to deliver, on or before the first day of May, in to furnish each year, to the assessors of each town or ward into which lists. any part of their road shall run, or in which they own or are in possession of real estate, a classified list of all real estato owned, or in possession of said company, in said town or ./ard, specifying:

1. The whole number of acres of land possessed or appro

chancellor

TITLE 1.

lisis.

priate for their lise with a valuation affixed to the same, derlucting that which passes along or across highways, and such other portions, if any, as are already devoted to public uses and purposes.

2. The whole length of their superstructure, its cost as at present constructed, and present estimated value, naming the per centage of depreciation, if any, and construing “superstructure” to mean the ties, chairs, rails, spikes, frogs and switches; whether such superstructure be laid on land or on artificial foundation.

3. The buildings belonging to the company, or in their possession, describing them by location, with the estimated value, naming the per centage of depreciation, if any.

Laws of 1837, ch. 536. Erect of the $ 25. In fixing the valuation of the property of any rail

road corporation, the assessors shall regard the list named in the preceding section and its subdivisions, when such list shall be received, as prima facie evidence of the value thereof; but such assessors shall, if they deem needful, for the purpose of testing or altering the valuation thus rendered, avail themselves of other additional evidence under oath, in reference to the completeness of the list, and the affixed valuation of the taxable property of such corporation; but in no case shall it be reduced below the sum stated in the list.

Laws of 1857, ch. 536. Penalty for S 26. In case any rail road company shall not, within thirty neglect.

days after the first day of May in each year furnish the list required by section twenty-four of this title and its subdivisions, they shall be liable to a penalty of two hundred and fifty dollars to be sued for and recovered before any court having jurisdiction thereof, by the assessors of the city, town. or village, where such neglect has occurred for the of the poor of the same town.

Laws of 1857, ch. 536. Certain

$ 27. Sections six, seven, eight, nine, Title three of said applicable. Chapter thirteen, shall apply to rail road corporations, and it

shall be the duty of collectors to require the “call” mentioned in section six to be made, either on the treasurer of such corporation or the agent of the nearest station; and in addition to posting up advertisements in three public places, as mentioned in section eight, the collector shall serve a like written notice as to time and place on the treasurer or'agent, as aforesaid.

Laws of 1857, ch. 536. Repealing $ 28. All provisions of law in regard to taxing rail road clause. corporations inconsistent with this act, are hereby repealed.

Laws of 1857, ch. 536. See Laws of 1853, ch. 654, ch. 469.
By the Laws of 1858, ch. 110, post, vol. III, p. 375. ch. 536 of the Laws

1857, was so amended as to repeal the preceding sections 24 60 23
inclusive.

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