Abbildungen der Seite
PDF
EPUB

such assessor shall be appointed, and every principal or assistant assessor acting in the said office, without having taken the said oath or affirmation, shall forfeit and pay one hundred dollars, one moiety to the use of the United States, and the other to him who shall first sue for the same; to be recovered, with costs of suit, in any court having competent juris

diction. Secretary of Sec. 4. And be it further enacted, That the Secretary of the Treasuthe Treasury to prescribe rules ry shall establish regulations suitable and necessary for carrying this for carrying this act into effect; which regulations shall be binding on each princiact into effect, pal assessor and his assistants in the performance of the duties en&c.

joined by or under this act, and shall also frame instructions for the said principal assessors and their assistants, pursuant to which instructions the said principal assessors shall, on the first day of February next, direct and cause the several assistant assessors in the district, to inquire after and concerning all lands, lots of ground, with their improvements, dwelling houses, and slaves, made liable to taxation under this act, by reference as well to any lists of assessment or collection taken under the laws of the respective states, as to any other records or documents, and by all other lawful ways and means, and to value and enumerate the said objects of taxation in the manner prescribed by this act, and in conformity with the regulations and instructions above mentioned. And it shall be further lawful for the Secretary of the Treasury to direct all errors committed in the assessment, valuation, and tax lists, or in collection thereof, heretofore or hereafter made in the valuation, assessment,

and tax lists of the direct tax, laid by virtue of the said act of Congress Act of July entitled “ An act to lay and collect a direct tax within the United States," 22,1813, ch. 16. and also, all such errors as may from time to time be committed in the

assessment, valuation, and tax lists, or in the collection thereof, as may hereafter be made in the assessment of the direct tax by this act laid, to be corrected in such form, and upon such evidence, as the said secre

tary shall prescribe and approve. Tax to be as- Sec. 5. And be it further enacted, That the said direct tax laid by this sessed according to the value act shall be assessed and laid on the value of all lands and lots of ground in money of the with their improvements, dwelling houses, and slaves, which several artiproperty. cles subject to taxation, shall be enumerated and valued by the respective Proviso. assessors at the rate each of them is worth in money: Provided however,

That all property, of whatever kind, coming within any of the foregoing descriptions, and belonging to the United States, or any state, or permanently or specially exempted from taxation by the laws of the state wherein the same may be situated, existing at the time of the passage of this act, shall be exempted from the aforesaid enumeration and valuation, and from the direct tax aforesaid; And provided also, That nothing herein contained shall be construed to exempt from enumeration and valuation and the payment of the direct tax, any public lands which heretofore have been, or hereafter may be sold in the States of Ohio and Louisiana, under any law of the United States, the compact between the United

States and the said states to the contrary notwithstanding. Assistant as- Sec. 6. And be it further enacted, That the respective assistant assessessor to pro- sors shall, immediately after being required as aforesaid by the principal ceed through their districts to assessors, proceed through every part of their respective districts, and shall obtain lists of require all persons owning, possessing, or having the care or managetaxable proper- ment of any lands, lots of ground, dwelling houses, or slaves, lying and ty.

being within the collection district where they reside, and liable to a direct tax as aforesaid, to deliver written lists of the same, which lists shall be made in such manner as may be directed by the principal asses.

sor, and, as far as practicable, conformably to those which may be required Proviso. for the same purpose under the authority of the respective states; Provi

ded always, nevertheless, and it is hereby further enacted and declared, That the valuations, and assessments heretofore made and completed, or

[ocr errors]

a

sors,

to be made and completed, by virtue of the said act of Congress, entitled “ An act for the assessment and collection of direct taxes and internal Act of July duties," and the said act of Congress, entitled “ An act to lay and collect 22; 1813, ch.16.

Act of Aug. a direct tax within the United States,” in relation to the several states 2, 1813, ch. 37. wherein the same has been assessed or is assessing, shall be and remain the valuations and assessments for the said states respectively, subject only to the revision, equalization, and apportionment, among the several counties and state districts, by the board of principal assessors hereinafter constituted, to be made as is hereinafter directed, for the purpose of levying and collecting annually the direct tax by this act laid, in the manner hereinafter provided, until provision shall be made by law for altering, modifying, or abolishing the same. And the principal assessors in the said several states wherein a direct tax has heretofore been assessed as aforesaid, shall, at the time and times herein and hereby prescribed for making the valuation and assessment in the states wherein a direct tax has not heretofore been assessed (in consequence of the legislative assumption of the quotas of the direct tax by such states respectively,) proceed to revise and shall revise, their several and respective valuations, assessments, and tax lists, correcting therein all errors, and supplying all omissions, which have been or shall be therein discovered and ascertained. And in making Duties of the said revisal as aforesaid, it shall be the duty of the said principal principal asserassessors, to inquire and ascertain what transfers and changes of property in lands, lots of ground, dwelling houses and slaves, have been made and effected since the time of the original valuation and assessment aforesaid; and also what changes of residents and non-residents have occurred; and also what slaves have been born, or have died, or have run away, or become otherwise useless; and also what houses or other improvements of real estate have been burned or otherwise destroyed; and thereupon to make such changes, additions, or reductions, in the said valuations and assessments respectively, as truth and justice shall require. And for the purpose of making the said revisal as aforesaid, of the said valuations, assessments, and tax lists, the principal assessors shall take and pursue all lawful measures, by the examination of records, by the information of the parties in writing, or by any other satisfactory evidence or proof. And in case of any alteration made upon such revisal affecting the property or interests of any person, so as to charge such person with any greater amount of tax, or to transfer the charge of the tax from one person to another person, there shall be the like proceedings as is herein provided in the case of appeals upon an original assessment. And the principal assessors, after hearing such appeals, shall proceed to make out and to de liver revised lists of their valuations and assessments, respectively, to the board of principal assessors, to be constituted as is hereinafter mentioned. And thereupon, the said board of principal assessors shall proceed in the like manner as is hereinafter provided in the case of an original assessment, submitted to the said board of principal assessors, for the purpose of an equalization and apportionment of the direct tax by this act laid to and among the counties and state districts of the states respectively.

Sec. 7. And be it further enacted, That if any person owning, Lists to be possessing, or having the care or management of, property liable to a made out by the

officer where direct tax as aforesaid, shall not be prepared to exhibit a written list when required as aforesaid, and shall consent to disclose the particulars of any property shall and all the lands and lots of ground, with their improvements, dwelling- neglect to furhouses, and slaves, taxable as aforesaid, then and in that case it shall be nish, &c. the duty of the officer to make such list, which, being distinctly read and consented to, shall be received as the list of such person.

Sec. 8. And be it further enacted, That if any such person shall Penalties for deliver or disclose to any assessor appointed in pursuance of this act, and furnishing

fraudulent lists. requiring a list or lists, as aforesaid, any false or fraudulent list, with intent to defeat or evade the valuation or enumeration hereby intended to be

the owner of

made, such person so offending, and being thereof convicted before any court having competent jurisdiction, shall be fined in a sum not exceeding five hundred dollars, at the discretion of the court, and shall pay all costs and charges of prosecution; and the valuation and enumeration required by this act, shall in all such cases be made as aforesaid, upon lists according to the form above described, to be made out by the assessors respectively, which lists, the said assessors are hereby authorized and required to make according to the best information they can obtain, and for the purpose of making which they are hereby authorized to enter into and upon all and singular the premises respectively, and from the valua

tion and enumeration so made there shall be no appeal. Absentees to Sec. 9. And be it further enacted, That in case any person shall be be notified to furnish lists.

absent from his place of residence at the time an assessor shall call to receive the list of such person, it shall be the duty of such assessor to leave at the house or place of residence of such person, a written note or memorandum, requiring him to present to such assessor the list or lists required by this act, within ten days from the date of such note or

memorandum. Penalty for Sec. 10. And be it further enacted, That if any person, on being refusing to fur- notified or required as aforesaid, shall refuse or neglect to give such list .

or lists as aforesaid, within the time required by this act, it shall be the duty of the assessor for the assessment district within which such person shall reside, and he is hereby authorized and required, to enter into and upon the lands, dwelling houses, and premises, if it be necessary, of such persons so refusing or neglecting, and to make according to the best information which he can obtain, and on his own view and information, such lists of the lands and lots of ground, with their improvements, dwelling houses, and slaves, owned or possessed, or under the care or management of such person, as are required by this act: which lists so made and subscribed by such assessor, shall be taken and reputed as good and sufficient lists of the persons and property for which such person is to be taxed for the purposes of this act: and the person so failing or neglecting, unless in case of sickness or absence from home, shall, moreover, forfeit and pay the sum of one hundred dollars, to be recovered for the use of the United States, with costs of suit, in any court

having competent jurisdiction. Non-residents'

Sec. 11. And be it further enacted, That whenever there shall be in property how to be assessed.

any assessment district, any property, lands, and lots of ground, dwelling houses, or slaves, not owned or possessed by, or under the care or management of any person or persons within such district, and liable to be taxed as aforesaid, and no list of which shall be transmitted to the principal assessor in the manner provided by this act, it shall be the duty of the assessor for such district, and he is hereby authorized and required, to enter into and upon the real estate, if it be necessary, and take such view thereof, and of the slaves, of which lists are required, and to make lists of the same, according to the form prescribed by this act, which lists being subscribed by the said assessor, shall be taken and reputed as good and sufficient lists of such property, under and for the purposes of this act.

Sec. 12. And be it further enacted, That the owners, possessors, or Property not lying within as

persons having the care or management of lands, lots of ground, dwellsessment dis- ing houses, and slaves, not lying or being within the assessment district trict where

in which they reside, shall be permitted to make out and deliver the owners reside, lists thereof required by this act, (provided the assessment district in

to tered.

which the said objects of taxation lie, or be, is therein distinctly stated,) at the time, and in the manner, prescribed to the assessor of the assessment district wherein such persons reside. And it shall be the duty of the assistant assessors, in all such cases, to transmit such lists at the time, and in the manner, prescribed for the transmission of the lists of

the objects of taxation lying and being within their respective assessment districts, to the principal assessor of their collection district, whose duty it shall be to transmit them to the principal assessor of the collection district wherein the said objects of taxation shall lie or be, immediately after the receipt thereof, and the said lists shall be valid and sufficient for the purposes of this act, and on the delivery of every such list, the person making and delivering the same, shall pay to the assistant assessor one dollar; one half whereof he shall retain to his own use, and the other half thereof he shall pay over to the principal assessor of the district, for the use of such principal assessor.

Sec. 13. And be it further enacted, That the lists aforesaid shall be Lists to be taken with reference to the day fixed for that purpose, by this act as

madewith refer

ence to the day aforesaid, and the assistant assessors respectively, after collecting the said fixed by this act. lists, shall proceed to arrange the same, and to make two general lists, the first of which shall exhibit, in alphabetical order, the names of all persons liable to pay a tax under this act, residing within the assessment district, together with the value and assessment of the objects, liable to taxation within such district for which each such person is liable; and whenever so required by the principal assessor, the amount of direct tax payable by each person, on such objects, under the state laws, imposing direct taxes; and the second list shall exhibit in alphabetical order, the names of all persons residing out of the collection district, owners of pioperty within the district, together with the value and assessment thereof, or the amount of direct tax due thereon as aforesaid. The forms of the said general list shall be devised and prescribed by the principal assessor, and lists taken according to such form shall be made out by the assistant assessors, and delivered to the principal assessor, within sixty days after the day fixed by this act as aforesaid, requiring lists from individuals; and if any assistant assessor shall fail to perform any duty assigned by this act within the time prescribed by his precept, warrant, or other legal instructions, not being prevented therefrom by sickness, or Penalty. other unavoidable accident, every such assessor shall be discharged from office, and shall moreover forfeit and pay two hundred dollars, to be recovered for the use of the United States, in any court having competent jurisdiction, with costs of suit.

Sec. 14. And be it further enacted, That immediately after the valua- Principal astions and enumerations shall have been completed as aforesaid, the principal assessor in each collection district, shall by advertisement in

public place some public newspaper, if any there be in such district, and by written in their

districts

where assessnotifications to be publicly posted up in at least four of the most public

ment lists are to places in each assessment district, advertise all persons concerned, of the be exhibited, place where the said lists, valuations and enumerations, may be seen and and may be ex.

. examined, and that during twenty-five days after the publication of the amined. notifications as aforesaid, appeals will be received and determined by him, relative to any erroneous, or excessive valuations, or enumerations, by the assessor. And it shall be the duty of the principal assessor in each collection district, during twenty-five days after the date of publication to be made as aforesaid, to submit the proceedings of the assessors, and the list by them received, or taken as aforesaid, to the inspection of any and all persons who shall apply for that purpose; and the said principal assessors are hereby authorized to receive, hear, and determine in a summary way, according to law and right, upon any and all appeals which may be exhibited against the proceedings of the said assessors; Provided

Proviso. always, That it shall be the duty of said principal assessors to advertise and attend two successive days of the said twenty-five at the court house of each county within his assessment district, there to receive and determine upon the appeals aforesaid, and, Provided always, that the question to be determined by the principal assessor, on an appeal respecting the valuation of property shall be, whether the valuation complained VOL. III.-22

р

sessors

to ad vertise some

of, be, or be not, in a just relation or proportion to other valuations in the same assessment district. And all appeals to the principal assessors as aforesaid, shall be made in writing, and shall specify the particular cause, matter or thing, respecting which a decision is requested; and shall moreover state the ground or principal of inequality or error complained of. And the principal assessor shall have power to re-examine and cqual

ize the valuations as shall appear just and equitable; but no valuation Increase of shall be increased, without a previous notice of at least five days to the valuation.

party interested, to appear and object to the same, if he judge proper; which notice shall be given by a note in writing, to be left at the dwelling house of the party by such assessor, as the principal assessor shall

designate for that purpose. Taxes of

Sec. 15. And be it further enacted, That whenever a county or state county or state districts, con

district shall contain more than one assessment district, the principal taining more assessor shall have power, on examination of the lists rendered by the than one assess assistant assessors, according to the provisions of this act, to revise, adment district to be equalized.

just and equalize, the valuation of lands and lots of ground, with their improvements, dwelling houses, and slaves, between such assessment district, by deducting from, or adding to, either, such a rate, per centum,

as shall appear just and equitable. Principal as- Sec. 16. And be it further enacted, That the principal assessors shall

, sessors to form immediately after the expiration of the time for hearing and deciding despatch of

appeals, make out correct lists of the valuation and enumeration in each business. assessment district, and deliver the same to the board of principal asses

sors hereinafter constituted, in and for the states respectively. And it shall be the duty of the principal assessors, in each state, to convene, in general meeting, at such time and place as shall be appointed and directed by the Secretary of the Treasury. And the said principal assessors, or a majority of them, so convened, shall constitute, and they are hereby constituted a board of principal assessors for the purposes of this act

, and shall make and establish such rules and regulations, as to them shall appear necessary for carrying such purposes into effect, not being incon

sistent with this act, or the laws of the United States. A clerk or Sec. 17. And be it further enacted, That the said board of principal clerks to be

assessors, convened and organized as aforesaid, shall and may appoint a appointed by the board, who suitable person or persons, to be their clerk or clerks, who shall shall be sworn hold his or their office, or offices, at the pleasure of the said board of or affirmed.

principal assessors, and whose duty it shall be to receive, record, and preserve all tax lists, returns and other documents delivered and made to the said board of principal assessors, and who shall take an oath or affirmation, (if conscientiously scrupulous of taking an oath,) faithfully to discharge his or their trust; and in default of taking such oath or affirmation, previous to entering on the duties of such appointment, or on failure to perform any part of the duties enjoined on him or them respec. tively by this act, he or they shall respectively forfeit and pay the sum of two hundred dollars, for the use of the United States, to be recovered in any court having competent jurisdiction, and shall also be removed from

office. Duties of the Sec. 18. And be it further enacted, That it shall be the duty of the

said clerks to record the proceedings of the said board of principal scribed. Attendance of assessors, and to enter on the record the names of such of the principal the assessors to assessors, as shall attend any general meeting of the board of principal be noted by assessors for the purposes of this act. And if any principal assessor them, &c.

shall fail to attend such general meeting, his absence shall be noted on the said record, and he shall, for every day he may be absent therefrom, forfeit and pay the sum of ten dollars for the use of the United States, And if any principal assessor shall fail or neglect to furnish the said board of principal assessors, with the lists of valuation and enumeration of each assessment district within his collection district, within three

clerks pre

« ZurückWeiter »