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Lists how made

district.

SEC. 20. And be it further enacted, That the owners, possessors, of property in anor persons, having the care or management of lands, lots of ground, other collection buildings, and dwelling-houses, not lying or being within the assessment district in which they reside, shall be permitted to make out and deliver the lists thereof required by this act, (provided the assessment district in 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 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 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 such list, the person making and delivering the same shall pay to the assessor one dollar, which he shall retain to his own use.

Lists to be taken in reference to a

SEC. 21. And be it further enacted, That the lists aforesaid shall be taken with reference to the day fixed for that purpose by day certain. this act, as aforesaid; and the assistant assessors, respectively, after collecting the said 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 List of residents, 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 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 collec- of non-residents. tion district, owners of property within the district, together with the value and assessment thereof, with the amount of direct tax payable thereon as aforesaid. The forms of the said general list shall be devised and prescribed by the assessor, and lists taken vise form of lists. according to such form shall be made out by the assistant assessors and delivered to the 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 other unavoidable accident, every such assistant 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.

Assessor to de

Penalty on asneglect of duty.

sistant assessor for

given when lists, &C.,

SEC. 22. And be it further enacted, That immediately after the Notice to be valuations and enumerations shall have been completed as afore- valuations, said, the assessor in each collection district shall, by advertisement are completed. in some public newspaper, if any there be in such district, and by written notifications to be publicly posted up in at least four of the most public places in each collection district, advertise all persons concerned of the place where the said lists, valuations, and enumerations may be seen and examined; and that during twenty-five days after the publication of the notifications, as aforesaid, appeals will be received and determined by him relative to

submit proceed

any erroneous or excessive valuations or enumerations by the Assessors to assessor. And it shall be the duty of the assessor in each collecings of assistants tion district, during twenty-five days after the date of publication to inspectors. to be made as aforesaid, to submit the proceedings of the assistant 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 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 To hear and de- the proceedings of the said assessors: Provided always, That it termine appeals. shall be the duty of said assessor to advertise and attend, not less than two successive days of the said twenty-five, at the court-house of each county within his collection district, there to receive and determine upon the appeals aforesaid: And provided, also, That the question to be determined by the assessor, on How valuations an appeal respecting the valuation of property, shall be, whether min to be deter- the valuation complained of be or be not in a just relation or proportion to other valuations in the same collection district. And all Appeals to be in appeals to the assessors, as aforesaid, shall be made in writing, writing, what to and shall specify the particular cause, matter, or thing respecting which a decision is requested; and shall, moreover, state the ground or principle of inequality or error complained of. And Valuations may the assessor shall have power to re-examine and equalize the re-examined valuations as shall appear just and equitable; but no valuation not to be in- shall be increased without a previous notice, of at least five days, creased without to the 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 or an assistant assessor.

mined.

contain.

be
and equalized,

notice, &c.

If more than one collection district

SEC. 23. And be it further enacted, That whenever a State, in a State, &c., Territory, or the District of Columbia, shall contain more than one the assessors may collection district, the assessors shall have power, on examination equalize, &c. of the lists rendered by the assistant assessors, according to the provisions of this act, to revise, adjust, and equalize the valuation of lands and lots of ground, with their improvements, buildings, and dwelling-houses, between such collection districts, by deducting from or adding to either such a rate per centum as shall appear just and equitable.

Assessors

to

make out lists of

assessors.

SEC. 24. And be it further enacted, That the assessors shall, valuations and de- immediately after the expiration of the time for hearing and decidliver to board of ing appeals, make out correct lists of the valuation and enumeration in each collection district, and deliver the same to the board of assessors hereinafter constituted in and for the States respectively. And it shall be the duty of the 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 Board, how con- the said assessors, or a majority of them, so convened, shall constitute, and they are hereby constituted, a board of 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 inconsistent with this act or the laws of the United States.

stituted.

Board of assessors to appoint clerks.

SEC. 25. And be it further enacted, That the said board of assessors, convened and organized as aforesaid, shall and may appoint a suitable person or persons to be their clerk or clerks, but not more than one for each collection district, who shall hold

and

Penalty for act

his or their office or offices at the pleasure of said board of assessors, duty of clerks. Number 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 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, ing without taking previous to entering on the duties of such appointment, or on fail- oath. ure to perform any part of the duties enjoined on him or them, respectively, 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.

Penalty on assessor for not atgeneral

SEC. 26. And be it further enacted, That it shall be the duty Duty of clerks. of the said clerks to record the proceedings of the said board of assessors, and to enter on the record the names of such of the assessors as shall attend any general meeting of the board of assessors for the purposes of this act. And if any assessor shall fail to attend such general meeting his absence shall be noted on tending the said record, and he shall, for every day he may be absent meeting of board, therefrom, forfeit and pay the sum of ten dollars for the use of the United States. And if any assessor shall fail or neglect to furnish the said board of assessors with the lists of valuation and enumeration of each assessment district within his collection district within three days after the time appointed as aforesaid for such general meeting of the said board of assessors, he shall forfeit and pay the sum of five hundred dollars for the use of the United States, and, moreover, shall forfeit his compensation as assessor. And it shall

be the duty of the clerks of the said board of assessors to certify to the Secretary of the Treasury an extract of the minutes of the board, showing such failures or neglect, which shall be sufficient evidence of the forfeiture of such compensation, to all intents and purposes: Provided, always, That it shall be in the power of the Secretary of the Treasury to exonerate such assessor or assessors from the forfeiture of the said compensation, in whole or in part, as to him shall appear just and equitable.

for failing to furnish lists.

Secretary of the Treasury may exonerate assessor.

Board to make out equalization apportion

SEC. 27. And be it further enacted, That if the said board of assessors shall not, within three days after the first meeting thereof and as aforesaid, be furnished with all the lists of valuation of the ment. several counties and State districts of any State, they shall nevertheless proceed to make out the equalization and apportionment by this act directed, and they shall assign to such counties and State districts the valuation lists of which shall not have been furnished, such valuation as they shall deem just and right; and the valuation thus made to such counties and State districts by the board of assessors shall be final, and the proper quota of direct tax shall be, and is hereby, declared to be imposed thereon accordingly.

Their valuation to be final, and the basis of taxation.

Board of asses

sors to revise and adjust lists.

SEC. 28. And be it further enacted, That it shall be the duty of the said board of assessors diligently and carefully to consider and examine the said lists of valuation, and they shall have power to revise, adjust, and equalize the valuation of property in any county or State district, by adding thereto or deducting therefrom such a rate per centum as shall, under the valuation of the several counties and State districts, be just and equitable: Provided, The Relative valuarelative valuation of property in the same county shall not be tion changed, unless manifest error or imperfection shall appear in any &c."

not to be changed unless,

of the lists of valuation, in which case the said board of assessors shall have power to correct the same, as to them shall appear just and right. And if, in consequence of any revisal, change, and Inequalities of alteration of the said valuation, any inequality shall be produced ported to Congress. in the apportionment of the said direct tax to the several States as aforesaid, it shall be the duty of the Secretary of the Treasury

taxation to be re

Board to apportion tax.

regard to tax.

Assessors

make their lists conform.

to report the same to Congress, to the intent that provision may be made by law for rectifying such inequality.

SEC. 29. And be it further enacted, That as soon as the said board of assessors shall have completed the adjustment and equalization of the valuation aforesaid, they shall proceed to apportion to each county and State district its proper quota of direct tax. Other duties in And the said board of assessors shall, within twenty days after the time appointed by the Secretary of the Treasury for their first meeting, complete the said apportionment, and shall record the same; they shall thereupon further deliver to each assessor a certificate of such apportionment, together with the several lists by the assessors, respectively, presented to the board as aforesaid, and transmit to the Secretary of the Treasury a certificate of the apportionment by them made as aforesaid; and the assessors, respectively, shall thereupon proceed to revise their respective lists, to and alter and make the same in all respects conformable to the apportionment aforesaid by the said board of assessors; and the said assessors, respectively, shall make out lists containing the sums payable according to the provisions of this act upon every object of taxation in and for each collection district; which lists Contents of lists. shall contain the name of each person residing within the said district, owning or having the care or superintendence of property lying within the said district which is liable to the said tax, when such person or persons are known, together with the sums payable by each; and where there is any property within any collection district liable to the payment of the said tax, not owned or occupied by or under the superintendence of any person resident therein, there shall be a separate list of such property, specifying the sum payable, and the names of the respective proprietors, where known." And the said assessors shall furnish to the collectors of the several collection districts, respectively, within Lists to be given thirty-five days after the apportionment is completed, as aforesaid, a certified copy of such list or lists for their proper collection districts, and in default of performance of the duties enjoined on the board of assessors and assessors, respectively, by this section, they Penalty on as shall severally and individually forfeit and pay the sum of five hundred dollars to the use of the United States, to be recovered in any court having competent jurisdiction. And it is hereby enValuation and acted and declared that the valuation, assessment, equalization, continue until al- and apportionment made by the said board of assessors, as aforesaid, shall be and remain in full force and operation for laying, levying, and collecting, yearly and every year, the annual direct tax by this act laid and imposed, until altered, modified, or abolished by law.

to collectors.

sessors, &c., under this section.

apportionment to

tered.

Pay of assessors and assistant assessors.

SEC. 30. And be it further enacted, That there shall be allowed and paid to the several assessors and assistant assessors, for their services under this act: to each assessor two dollars per day for every day employed in making the necessary arrangements and giving the necessary instructions to the assistant assessors for the valuation, and three dollars per day for every day employed in

hearing appeals, revising valuations, and making out lists agreeably to the provisions of this act, and one dollar for every hundred taxable persons contained in the tax list, as delivered by him to said board of assessors; to each assistant assessor two dollars for every day actually employed in collecting lists and making valuations, the number of days necessary for that purpose to be certified by the assessor and approved by the commissioner of taxes, and one dollar for every hundred taxable persons contained in the tax lists, as completed and delivered by him to the assessor; to each of the assessors constituting the board of assessors, as aforesaid, for every day's actual attendance at said board, the sum of three dollars, and for travelling to and from the place designated by the Secretary of the Treasury, ten cents for each mile, by the most direct and usual route; and to each of the clerks of said board two dollars for every day's actual attendance thereon. And the said board of assessors, and said assessors, respectively, shall be allowed their necessary and reasonable tionery and blank charges for stationery and blank books used in the execution of their duties; and the compensation herein specified shall be in full for all expenses not otherwise particularly authorized, and shall be paid at the treasury, and such amount as shall be required for such payment is hereby appropriated.

Allowed for sta

books.

Collector on receiving list to give

SEC. 31. And be it further enacted, That each collector, on receiving a list, as aforesaid, from the said assessors, respectively, three receipts. shall subscribe three receipts; one of which shall be given on a full and correct copy of such list, which list shall be delivered by him to, and shall remain with, the assessor of his collection district, and shall be open to the inspection of any person who may apply to inspect the same; and the other two receipts shall be given on aggregate statements of the lists aforesaid, exhibiting the gross amount of taxes to be collected in each county or State district contained in the collection district, one of which aggregate statements and receipts shall be transmitted to the Secretary, and the other to the First Comptroller of the Treasury.

Collector to give bond before ceiving list.

re

Form, penalty,

SEC. 32. And be it further enacted, That each collector, before receiving any list, as aforesaid, for collection, shall give bond with one or more good and sufficient sureties, to be approved by the Solicitor of the Treasury, in the amount of the taxes assessed in the collection district for which he has been or may be appointed; which bond shall be payable to the United States, with condition for the true and faithful discharge of the duties of his office accord- &c., of bond. ing to law, and particularly for the due collection and payment of all moneys assessed upon such district, and the said bond shall be transmitted to the Solicitor of the Treasury, and, after approval by him, shall be deposited in the office of the First Comptroller of the Treasury: Provided, always, That nothing herein contained Proviso. shall be deemed to annul or in anywise impair the obligation of the bond heretofore given by any collector; but the same shall be and remain in full force and virtue, anything in this act to the con trary thereof in anywise notwithstanding.

SEC. 33. And be it further enacted, That the annual amount of the taxes so assessed shall be and remain a lien upon all lands and other real state of the individuals who may be assessed for the same during two years after the time it shall annually become due and payable; and the said lien shall extend to each and every

Tax assessed to be a lien for two years.

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