Secs. 3894 to 3896. "An act to provide for the care of the capitol building and other state property." 1869, p. 87. In force February 15. 3894. That the governor be and is hereby authorized and empowered to insure the public buildings and other property belonging to the state, liable to destruction or injury by fire, with some good and responsible insurance company or companies, for the benefit of and in the name of the state. 3895. That the governor shall deposit the insurance policies, taken out in accordance with the provisions of the foregoing section, with the treasurer of the state, and shall certify to the auditor the amount of the premiums and the date they become due, and the auditor shall draw his warrant upon the treasurer for the respective amounts of said premiums from time to time as they shall become due, in favor of the proper officer or agent of said insurance company or companies. 3896. The governor is hereby authorized and empowered to employ some suitable person as janitor of the capitol building, who shall receive a salary of six hundred dollars per annum, payable quarterly, in like manner as the salaries of state officers, and whose duty shall be to take care and keep in good order the said capitol building and the grounds belonging thereto. CHAPTER 46.-PUBLIC FINANCES. I. TAXATION. Secs. 3897 to 4082, except secs. 3937, 3938, and 3969. "An act to provide a system of revenue." 1879, p. 276. In force September 1. (Repealing act of 1869, p. 179.) 3897. The property named in this section shall be assessed and taxed, except so much thereof as may be in this chapter exempted: First-All real and personal property in this state. Second-All moneys, credits, bonds, or stocks, and other investments, the shares of stock of incorporated companies and associations, and all other personal property, including property in transitu to or from this state, used, held, owned, or controlled by persons residing in this state. Third-The shares of capital stock of banks and banking companies doing business in this state. FourthThe capital stock of companies and associations incorporated under the laws of this state. Grant to railroads not exempt. 5, 397. Homestead liable for taxes from the time occupant entitled to patent. 5, 400; 3, 17; 5, 393. City cannot by ordinance, exempt property from taxation. 12,94 (10 N. W., 568). Assessment essential to validity of tax, but a formal assessment, although not made in mode contemplated by law, if not inequitable, will support a levy otherwise legal. 11, 344 (7 N. W., 859.) 3898. The following property shall be exempt from taxation in this state: First--The property of the state, counties, and municipal corporations, both real and personal. Second-Such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery, and charitable purposes; Provided, That in the assessment of real estate, incumbered by public easement, any depreciation occasioned by such easement shall be deducted in the valuation of such property; Provided further, That the increased value of lands by reason of live fences, fruit, and forest trees, grown and cultivated thereon, shall not be taken into account in the assessment thereof. All property in this state taxed whether in hand of owner or agent. 19, 54 (26 N. W., 589). Definition of "school," place of learning. Property exempt from taxation while used for school purposes. 22, 453 (35 N. W., 222). 3899. School lands sold under any provisions of any law of this state, or such as have been heretofore sold, shall not be taxable until the right to a deed shall have become absolute, except the value of the interest of such purchasers shall be taxable, which interest shall be determined by the amount paid and invested in improvements on such lands; Provided, That the increased value of such improvements by reason of live fences, fruit and forest trees, grown and cultivated on such lands shall not be taken into account in assessing the value of such improve ments. 3900. Personal property shall be valued as follows: First-All personal property, except as herein otherwise directed, shall be valued at its fair cash value. Second-Every credit for a certain sum, payable either in money or labor, shall be valued at a fair cash value for the sum so payable; if for any article of property, or for labor, or service of any kind, it shall be valued at the current price of such property, labor, or service. Third-Annuities and royalties shall be valued at their then present total value. 356). Owners of shares in national bank s may deduct debts from valuation. 25, 472 (41 N. W., 3901. Real property shall be valued as follows: First-Each tract or lot of real property shall be valued at its fair value, estimated at the price it would bring at a voluntary sale thereof, where public notice had been given, and a payment of one-third cash and the balance secured by a mortgage upon the property. [Second]-Leasehold estates, including leases of school and other lands of the state, shall be valued at such a price as they would bring at a fair voluntary sale for cash. Third-Where a building or structure owned by a lessee is located on land leased from another, the same shall be valued at such a price as such building or structure would sell at a fair voluntary sale for cash. 3902. Personal property shall be listed between the first day of April and the first day of June of each year, when required by the assessor, with reference to the quantity held or owned on the first day of April in the year for which the property is required to be listed. Personal property purchased or acquired on the first day of April shall be listed by or for the person purchasing or acquiring it. 3903. Personal property shall be listed in the manner following: First -Every person of full age and sound mind, being a resident of this state, shall list all his moneys, credits, bonds, or stocks, shares of stock of joint or other companies (when the capital stock of such company is not assessed in this state), moneys loaned or invested, annuities, franchises, royalties, and other personal property. Second-He shall also list all moneys and other personal property invested, loaned, or otherwise controlled by him as the agent or attorney, or on account of any other person or persons, company, or corporation whatsoever, and all money s deposited subject to his order, check, or draft, and credits due from or owing by any person or persons, body corporate or politic, whether in or out of the county. Third-The property of a minor child shall be listed by his guardian; if he have no guardian, then by the father, if living; if not, by the mother, if living; and if neither father nor mother be living, by the person having such property in charge. Fourth-The property of any other person under guardianship, by his guardian; or if he has no guardian, by the person having charge of such property. Fifth-The property of a wife, by her husband, if of sound mind; if not by herself. Sixth-The property of a person for whose benefit it is held in trust, by the trustee of the estate of a deceased person, by the executor or administrator. Seventh-The property of corporations whose assets are in the hands of receivers, by such receivers. Eighth-The property of a body politic or corporate, by the president or proper agent or officer thereof. Ninth-The property of a firm or company, by a partner or agent thereof. Tenth-The property of manufacturers and others in the hands of agent, by and in the name of such agent, as merchandise. 3904. Personal property, except such as is required in this chapter to be listed and assessed otherwise, shall be listed and assessed in the county, precinct, township, city, or village where the owner resides. The capital stock and franchises of corporations and persons, except as may be otherwise provided, shall be listed and taxed in the county, precinct, township, city, or village where the principal office or place of business of such corporation or person is located in this state. If there be no principal office or place of business in this state, then at the place in this state where any such corporation or person transacts business. 3905. When the owner of live stock or other personal property connected with a farm does not reside thereon, the same shall be listed and assessed in the county, township, or precinct where the farm is situated; Provided, If the farm is situated in several townships or precincts, it shall be listed and assessed in the township or precinct in which the principal place of business on such farm shall be. Cited, 24, 354 (38 N. W., 735. 3906. Live stock in herds or not connected with a farm shall be listed or assessed in the county where such live stock may be on the first day of April of the year for which the property is required to be listed. For the purposes of assessment and taxation the live stock mentioned in this section shall be deemed to be at the place where the owner or keeper thereof shall have his ranch, provided such ranch shall be in this state. 3907. The property of manufacturers and others, in the hands of agents, shall be listed and assessed at the place where the business of such agent is carried on. 3908. When real estate is exempt in the hands of the holder of the fee, and the same is contracted to be sold, the amount paid thereon by the purchaser, with the enhanced value of the investment and improvement thereon until the fee is conveyed, shall be held to be personal property and listed and assessed as such, in the place where the land is situated. 3909. Personal property, in transitu, shall be listed and assessed in the county, township, city, or village where the owner resides; Provided, If it is intended for a business it shall be listed and assessed at the place where the property of such business is required to be listed. 3910. The stock of nurseries, growing or otherwise, in the hands of nurserymen shall be listed and assessed as merchandise. 3911. The personal property of gas companies, except the pipes laid down, shall be listed and assessed in the town, village, district, or city where the principal works are located. Gas mains and pipes laid in roads, streets, or alleys, shall be held to be personal property, and listed and assessed as such in the town, district, village or city where the same are laid. 3912. The horses, stages, and other personal property of stage companies, or persons operating stage lines, shall be listed and assessed in the county, town, city, or district, where they are usually kept. 3913. The personal property of express or transportation companies shall be listed and assessed in the county, township, precinct, city, or village where the same is usually kept. 3914. Persons required to list property on behalf of others shall list it in the same place in which they are required to list their own; but they shall list it separately from their own, specifying in each case the name of the person, estate, company, or corporation to whom it belongs. 3915. The owner of personal property removing from one county, town, city, village, or district to another, between the first day of April and the first day of June, shall be assessed in either, in which he is first called upon by the assessor. The owner of personal property moving into this state from another state, between the first day of April and the first day of June, shall list the property owned by him on the first day of April of such year, in the county, township, city, village, or precinct where he resides; Provided, If such person has been assessed, and can make it appear to the assessor that he is held for tax of the current year on the property, in another state, county, township, precinct, city, or village, he shall not be assessed again for said year. 3916. In all questions that may arise under this chapter, as to the proper place to list personal property, or when the same cannot be listed as stated in this chapter, if between several places in the same county, the place for listing and assessing shall be determined and fixed by the county board; and when between different counties, or places in different counties, by the auditor of public accounts; and when fixed in either case, shall be as binding as if fixed in this chapter. 3917. Persons required to list personal property shall make out and deliver to the assessor, at the time required, a schedule of the numbers, amounts, quantity, and quality of all personal property in their possession, or under their control, required to be listed for taxation by them. It shall be the duty of the assessor to determine and fix the fair cash value of all items of personal property. Description sufficient if it can be ascertained clearly from it the property intended to be taxed. Oath of assessor should be attached to schedule. 9, 374 (2 N. W., 732). Values fixed by assessor conclusive. His act is judicial. 13, 24 (12 N. W., 832). 3918. The schedule shall be signed and sworn to by the person making it, and the oath shall be administered either by the assessor or by any other officer authorized to administer oaths, and shall be certified to by him, and the oath shall be printed upon the blank form, and shall be in substance as follows: “I (A. B.), do solemnly swear or affirm that I have listed above (or within) all personal property, moneys, and credits, subject by the law to taxation, and owned by me, or required by law to be listed by me for any other person or persons (insert as guardian, husband, parent, trustee, executor, administrator, receiver, accounting officer, partner, agent, or factor, as the case may be), according to the best of my knowledge. (Signed) A. B. Subscribed in my presence, and sworn to before me this day of - 18-." Oath of assessor a prerequisite and without which commissioners have no jurisdiction in taxation. 6, 245. Oath is essential, and failure to make it renders the tax invalid; and the tax is not a lien that can be foreclosed on premises. 14, 585 (16 N. W., 837). Tax may be just as equitable without the verification as with it. 11, 344 (7 N. W., 859). 3919. Any assessor who shall return such schedule to the office of the county clerk, with his assessment roll, without the same having been sworn to as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than ten dollars nor more than fifty dollars. 3920. Such schedule, when completed by the assessor in extending in a separate column the value of such property, shall truly and distinctly set forth: First-The number of horses of all ages, and the value thereof. Second-The number of cattle of all ages, and the value thereof. Third-The number of mules and asses of all ages, and the value thereof. Fourth-The number of sheep of all ages, and the value thereof. Fifth-The number of hogs of all ages, and the value thereof. Sixth-Every steam engine, including boilers, and the value thereof. Seventh-Every fire and burglar-proof safe, and the value thereof. EighthEvery billiard, pigeon-hole, bagatelle, or other similar table, and the value thereof. Ninth-Every carriage and wagon, of whatsoever kind, and the value thereof. Tenth-Every watch and clock, and the value thereof. Eleventh-Every sewing or knitting machine, and the value thereof. Twelfth-Every piano-forte, and the value thereof. Thirteenth-Every melodeon and organ, and the value thereof. Fourteenth-Every franchise, the description and the value thereof. FifteenthEvery annuity and royalty, the description and the value thereof. SixteenthEvery patent right, the description and the value thereof. Seventeenth-Every steamboat, sailing vessel, wharf boat, barge, or other water craft, and the value thereof. Eighteenth-The value of merchandise on hand. Nineteenth-The value of material and manufactured articles on hand. Twentieth-The value of manufacturers' tools, implements, and machinery (other than boilers and engines, which shall be listed as such). Twenty-first-The value of agricultural tools, and implements and machinery. Twenty-second-The value of gold or silver plate and plated ware. Twenty-third-The value of diamonds and jewelry. Twenty-fourth The amount of moneys of bank, broker, or stock-jobber. Twenty-fifth-The amount of credits of bank, banker, broker, or stock-jobber. Twenty-sixth |