erned by the actual rent received where such bridges are rented or leased out; otherwise he shall make a just estimate of their annual value. For purposes of taxation the value of a railroad bridge, upon which a separate toll or fare is charged, shall be taken to be ten times its annual value.

Incorporated Companies.

companies,

etc., how

assessed.

64. He shall ascertain from the proper officers or agents Capital of of all incorporated companies in his district (except rail- incorporated road and foreign insurance, telegraph and express com- except railroads, panies), the actual value of the capital employed or in- ascertained and vested by them in their trade or business (exclusive of assessed. real estate and property exempt by law from taxation), and enter the same in his personal property book. The Real estate of real estate of such companies shall be assessed and en- such corporatered in the land book as in other cases. The value of tions; how the capital shall be estimated by taking the aggregate value of all the personal property of the company, no exempt from taxation, wherever situated, including their money, credits, and investments, whether in or out of the state, and deducting from the said aggregates what they owe to others as principal debtors. If a company have branches, each branch shall be assessed separately in the district where the principal office for transacting its financial concerns is located, or, if there be no such office, then in the district where its operations are carried on. All property of navigation companies, and other joint stock transportation companies (except railroads), whether real or personal, shall be taxed in the county and district wherein such property is situated, and all locks and dams of navigation companies shall be assessed and taxed as real estate, in the county in which said locks and dams are situated, and it shall be the duty of the assessor of each district to assess such property as herein before directed. Where the capital of a company is assessed as aforesaid, the personal property thereof, which shall not be held to include the locks or dams of a navigation company, shall not be otherwise assessed, nor shall any individual shareholder or partner therein be required to list or be assessed with his share, portion or interest in the said capital.

Capital Used in Trade or Business by Merchants and Other

Individuals or Firms.

in trade or

other individ

65. The value of the capital used by any individual or Capital used firm not incorporated, in any trade or business taxable by business by law, shall be ascertained in the manner following: The merchants, and assessor shall ascertain from every such individual or firm, uals or firms; or from some member or agent of such firm, carrying on any trade or business, except agriculture, within his assessment district, the actual value of the capital employed

how ascer

tained.

Duty of person or firm commencing business after the first day of January.

in such cases.

by him or them in such trade or business. Such person or firm shall state:

First-The actual amount of cash capital invested in such trade or business on the first day of January in each year.

Second-The amount and value of all personal property used in connection with such trade or business, otherwise than such as is regularly kept for sale therein.

Third-The value of all goods and property kept for sale and remaining unsold on the first day of January, except as provided in the sixty-eighth section of this chap

ter.

trade

Fourth-The amount of all money derived from such or business remaining uninvested on that day, whether in or out of the state.

Fifth-The amount and value of all debts and claims arising out of such trade or business and remaining unpaid on that day, whether in or out of the state, deducting therefrom any debts created in course of such trade or business which such person or firm owes as principal debtors.

Sixth-The amount and value of all investments made by such person or firms, whether in or out of the state, other than those herein before specified. Any such person or firm desiring to commence business after the first day of January, in any year, shall give notice thereof to the assessor of the proper district, accompanied with a sworn statement of the amount of capital invested, or intended to be invested, by such person or firm in such trade or business during the remainder of the year. And Duty of assessor it shall be the duty of such assessor, upon the receipt thereof, to assess the amount of such capital with the taxes payable thereon, and certify the same to the sheriff of the county for collection. He shall at the same time transmit to the auditor a duplicate of the said certificate, and upon the receipt thereof, the auditor shall charge the sheriff with the amount of state taxes therein specified. The assessor shall also, on or before the day on which the county levies are laid, certify to the county court of the County the amount of all taxes assessed by him in said last mentioned cases for county and district purposes. When any personal property employed in any trade or assessed not be business is assessed under the provisions of this section, the owner shall not be required to list the same otherwise, nor shall it be otherwise assessed to him. But all perProperty not so Sonal, as well as real property, not so assessed to such person or firm, shall be assessed as other like property is required by law to be assessed.

Property so

otherwise assessed, etc.

assessed; what

then.

Assessor to

ascertain from

Receivers, Commissioners and Clerks of Courts. 66. Ho shall ascertain from each person in his district,

etc., all money,

their control,

Also, from

money depos

Duty of cashier

who acts under the order of any court as receiver or com- commissioners, missioner, the amount of all money and bonds, or other etc., under evidences of debt, under his control, and the style of the etc. suit to which such fund belongs, and from the clerk of such court, the amount deposited by order of such court in clerks of courts any bank or saving institution, to the credit of any suit in amount of such court, and the style of such suit. The cashiers of all ited, etc. banks in this state shall, under oath, furnish to the asses- of banks as to sors a list of all moneys held by such banks and the holder deposits. thereof, for which certificate of deposits bearing interest Assessor to bave been issued by said banks, and the assessor shall as- assess same, sess the same to the person named in said lists; Provided, provided, etc. That said deposits is liable to be assessed under this chapter. And provided further, That the sum so deposited has not already been returned by the owner thereof.

Railroads.

panies; how,

whom listed

67. The president, secretary, or principal accounting Property of officer of every railroad company, whether deriving its railroad comcorporate powers exclusively from this state or not, shall what and by list for taxation at its true value in money, verified by the for taxation. oath or affirmation of the officers so listing, all the property, money, credits and investments of such company of whatsoever kind, wholly held or used in this state, and also the proportional value of all locomotives and rolling stock passing in and out of this state on railroads crossing the lines thereof, to be ascertained by the proportion which the number of miles run within this state by such locomotives and other rolling stock may bear to the whole number of miles run by such locomotives and other rolling stock over the road belonging to such company, or any connecting line; the proportional value of all such locomotives and other rolling stock, so ascertained, to be assessed as the property of the company owning and using the same, whether it be run upon its own or any other railroad within this state. The proportional value of all Proportionate locomotives and other rolling stock, and the value of all loco:notives, other personal and movable property, money, credits and etc., to be added investments, shall be added to stationary and fixed prop- erty, etc. erty and real estate, and shall be apportioned by such officer to each county through which the road passes, in proportion to the fixed property and real estate belonging to the company in such county; and all the property so listed Such property; shall be subjected to and pay the same taxes as other property listed in such county; Provided, That the road bed, Proviso as to bridges, tunnels, depots stations, machine shops, machinery, bridges, tunfreight houses, stock yards, rolling stock, and all other nels, etc. necessary appendages and structures connected and used therewith, together with all the real estate which the company is allowed by law to hold, shall be listed as aforesaid, To be assessed or assessed by the board of commissioners, as hereafter at their actual provided, at their actual value in money, without reference etc.

18 Acts.

value of

to fixed prop

how taxed.

road bed,

value in money,

valuation to be filed with

to the amount expended in the construction or purchase thercof. Said officer shall, on or before the last day of DeList and pro rata cember in each year, make out and file with the auditor such list and pro rata valuation of the real and personal auditor; when property, and money, credits and investments of such company, verified as aforesaid. The auditor shall lay said list and valuation before the board of public works as soon as possible after the filing thereof.

and by whom.

Duty of auditor
as to such
list.

If list satisfactory, auditor to assess property, etc.

For what purposes.

And if the same be deemed satisfactory, the said board shall direct the auditor to assess the property of such company for state, state school, county and district purposes, including road taxes, and for free school and corporation purposes in each county, district, independent school district and municipal corporation through which said railroad runs, as hereinafter provided, upon the valuation of its property as contained in said list, and the auditor shall assess the same accordingly; but if the said list and valuation be not satisfactory to the board, or if such railroad company fail to file the list and valuation herein required, the said board shall as soon as possible, after the said first day of January, appoint a board of commissioners, consisting of one discreet and intelligent freecommissioners, holder from each congressional district of the state, to assess the property of said company as hereinafter required.

Commissioners appointed to assess railroad property; when and how.

Qualification, number and residence of

Duties of such

furnished

If no statement
filed; what
then.

It shall be the duty of the said commissioners, as soon commissioners. as they are informed of their appointment, to convene at some convenient point on the line of railroads to be assessed, and to examine, as far as practicable, all the taxable property of such railroad company herein before mentioned within each of the counties of this state, and to assess the fair value thereof in money for the purpose of taxation, upon the principles hereinbefore stated. If Statement to be a statement of the property of such company has been commissioners. filed as herein required, a copy thereof shall be delivered to said commissioners by the auditor to enable them to discharge their duties; but if no such statement has been filed, the said commissioners shall assess the value of such property within each county of this state upon the principles aforesaid, from the best information they can obAssessment of tain. The assessment so made by the said commissioners commissioners; shall be returned by them to the auditor on or before the whom returned. first day of July succeeding their appointment, and their Decision final. decision shall be final. In case the list and valuation of Auditor to cer- the property filed with the auditor, as aforesaid, be satisfactory to the board of public works, and in cases where an assessment of the property of such company is made and returned by the board of commissioners as aforesaid, the auditor shall immediately certify to the county court of each county, through which such railroad runs, the value of the property therein of every such company as valued or assessed as aforesaid, and it shall be the duty of such court to apportion such value between such districts

when and to

tify assessment

of property; to whom and when.

Duty of court on receiving certificate.

and independent school districts and municipal corporations in their county, through which such road runs, as near as may be according to the value thereof, in each of said districts and municipal corporations. It shall be the Duty of clerk of duty of the clerk of the county court of every county court to certify through which such railroad runs, within thirty days after amount of the county levy of such county is laid, to certify to the county levy, etc. auditor the apportionment made by the county court, the amount levied upon each one hundred dollars value of

to auditor, etc.,

tary of board of

recorder of every

the property therein for county and district purposes. It Duty of secreshall also be the duty of the secretary of the board of education. education, of every such every such district and independent school district, and the clerk or recorder of every Duty of clerk or municipal corporation, within thirty days after a levy municipal is laid therein for free school and municipal purposes, corporation. to certify to the auditor the amount levied for such purposes upon each one hundred dollars value of the property therein. And any officer violating the provisions of this section shall be deemed guilty of a misdemeanor and fined not less than one hundred nor more than five hundred dollars. And in case of the failure of the secre- Failure of tary of the board of education in any district, or the recorder, etc., to clerk of the county court, or the clerk or recorder of certify to and municipal corporations, to return to the auditor on or levy; what then. before the first day of December, in each and every year, such certificate as to the levy aforesaid, then the auditor may obtain the rate of taxation for county and district purposes, and for free school purposes, from the copies of Taxes to be the assessor's books on file at his office. And it shall be charged by the duty of the auditor to charge every railroad company pany; for what assessed under the provisions of this section, in a book to how. be kept by him for that purpose, as follows:

First-With the whole amount of taxes upon its property in each year for state and state school purposes.

Second-With the amount payable to each county through which such road runs, for county and district purposes, including road taxes as aforesaid."

Third-With the amount payable to each district and independent school distret through which said road runs, for free school purposes.

Fourth-With the amount payable to each municipal corporation through which the road runs, for municipal purposes.

clerks or

auditor such

auditor to com

purposes and;

pany statement

The auditor shall, on or before the tenth day of Decem- Auditor to ber in each year, or as soon thereafter as practicable, make transmit to comout and transmit, by mail or otherwise, a statement of all of taxes charged taxes and levies so charged to the president, secretary or against it; when. principal accounting officer of such company. And in case any railroad company is aggrieved by the assessment If company of its property, or any error shall appear to have been aggrieved by made in making the assessment, the company may file its

assesssment; what then.