OCR Interpretation


The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, April 28, 1852, Image 1

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TERSIS$1,50 PER ANNUM
VOLUME 19-rNp. 2,
CADIZ, OHIO, WEDNESDAY, APRIL 28, 1852.
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l:. 39.
A3T ACT for tins asspssnlentnnd taxation
v of- all property in this State, and for le
;' vj!ng taxes thetqn ftc(mr(linj to its
! true value in money.
Sbc. I.j Bo ?t enacted by the General
Assembly of the Stataof Ohio, That all
))roi)erty wlibther real or personal, in this
State,, all monies, ereJits, investments in
bonds, stocks, joint stock companies, or
otherwise, of persons residing therein; the
property of corporations now existing or
hereafter created, and the property of all
batki, or banking, companies, now exist
ing, or hereafter created, nnd of all bank-.
rs, except such as is hereinafter express
ly exempted, shall be subject to taxation;
and such' property, moneys, credits, in
Vestnilntin bonds, stocks, joint stock
companies! ' or otherwise, or the value
thereof, shall be entered on the hst of tax
able property,' for that purpof e, iu the
manner presciibpo, by th.is act.
t ' 1 JJtfnUivns.
Sac. $.;The tcrms'.'renl property" and
i'land," wherever used in this act, shnll
be held to mean and iriclude not only the
land itself, whether'?"1 in town lots
pr otherwise, 'with all tViings contained
therein, but also, all buildings, structures
and improvements, trees nnu umur iia
tures of whatsoever, lund thereon, and n
rights and privileges belonging, or in a
iywise appertaining thereto. The term
iiivestmenis i bonds," wbssiiever used
in this act, shalj belief to i$aii and in
clude all moneys invited in bonds, of
whatsoever kind, whether issued by jncor
poraied or unincorporated companies,
towns, cities, townships, counties, states,
r oilier coiporations, or by the United
fitates, held by persons residing iji tus
flats, wliether for themsejves or as guaVr
dians, trustees or agents, on which the
bolder thereof is receiving entitled to
receive interest. The term "investments
in storks," wherever used in this act, shall
Jiu held to mean and include all moneys
invested m the publie stocks o'f im pr
any oilier State, or of the United, Slates,
or in any association, corporation, joint
slock company or otherwise, the stock or
iapiil of which is or may be divided into
fliArf. which- are trnnsfcruble by each
4wner, without the consent of the other
partners or stockholders, for the taxation
of which no special provision is made by
this ct, held by persons residing in this,
. UUveiUwi- fur Uinmflv, or a. gnardi- -Mis,
trustees or agents. The term "oath,''
wherever used in. this act, shall be held
to inm oath or affirmation, livery word
jit this act importing the masculine gen
tler, may exieiid and be applied to females
as well as nudes. The term "personal
property," wherever used in this act,
tliull be held to niean and pdudp,
1 st. Kvery tangible thing being the sub
ject of ownership, whether animate or in
animate, other than money, and not form
ing part of any parcel of real property, as
hereinbefore detind.
5d. The capital stock, undivided profits,
and all other muans, not forming part of
th capital stock of f.ry company, whe
ther incorporaled or unincc-porated, and
vry share, portion or interest in such
iibck.profitsor iiieans.ly wlinisoevtr name
tys same mny be designated', inclusive o.f
ever?' share or portion, right or ihtyst,
yite'r legal or equitable, iii, tA to, every .
hip. vessel or boat, of whatsoever name
or description, used or designed to be used
er exclusively or partially, in naviga
ting"a'iiy'f the waters within or border
ing on "this stata, wietlitsr such ship, ves
cl or boat,( shall be within the jurisdiction
of this state or 'elsewhere, and whether .
the, same shall have been enrolled, regis- ,
.red or licensed n't any cAUe'ctor's office,
of within any collection district in this
ftate or not. The term '.'m6iie" or "mo-:
neyl," wherever used in, this "act, shall be
$uld to mean and incbuU 4 and' silver
coin1, and bank notes in actu,al possession,
and every deposit which the person own
Vg, holding m trustor having tle, benefi
cial interest therein, is entitled toi wkh
draw lu money, ,on demand. The term
"credita,' wherever used in this aot, shall
tm held to mean and include every claim
$r demand for money, labor or other val,-.'
unble,tling due or to become due, including
ibok acc'ounts, and every annuity or sum
M money 'receivable at stated periods,
and alt money invested in property ol any
kind which K secured by deed, mortgage
oi- .otherwise, Vhich tho person holding
suclt deed op Mortgage or evidenco of
claim, Is bouad by any lease, contract or
. agreement to resonvey, release or assign, -upon
the payment ojf any specifip sum or.
Hums; Provided, tliat pensions receivable
rorritiho Unitpd State, ' or from any 'of
ihrm, salaries or payments expected to w
e iaved.for labor or;, services to be per
rmed of rondered,fshHll not bo held, to
anriulttes withid tlie1 -meaning of this
' f"' i ::.
.... Pwfctg ;iiJrW T'W' ' .
Ssc, 3.- All pnmerty lescViUed in this
(wction.'to the Extent he'rtiii liiuited, shall1
"i jetjipt frmn taxation;. tl4' to, eay.
J)st.AH publie school housftid hoiiM
-ms used cxulusivuly fcr publie rhip t
t(w buks and furniture .therein, ard the '
jniJs.attac.beAt ucH building, flecesv
ar ihe rirpt'r 8 ccVpancy, uie ' and
enjoyment of tin! sameaud not leas, or
utnervtse sea wan view w pruufc, aii
eoUegjs, iea(temt;.all endowments madis,
f.u itiaiV mnntnrt utl kil'ilflinm Artntlnntdfl
llM
urni
This provision shall
not extend , to , least hd estatea,! ol real
property held uodr tlw' authority of any
dlegCo wtWkf' tf burning of this
ftat. '..- tf ..-
ylrds, or grounds for' burying the dead,
s.pt:Mci r.)lilby any nersoii or
personi, tompnvf rorporatwn, witn a
tie
purpose of pec-j
fa&aia lkabiliciiMiV'4 if t,' I
3J.; , frtpfitf, VhalKfi'iNuJ fit nrf-
sonal, belonging exclusively to this state,
or the United Suites.
4th. AH buildings belonging to coun
ties, used for holding courts, for jails, or
for county offices, with the ground, not
exceeding in any county ten acres, on
which such buildings are erected.
5th. All lands, houses and other build
ings belonging to any county, tpwnship
or town, used exclusively for the accom
modation or support of the poor.
6th. All buildings belonging to institu
tions of. purely public charity, together
with the land actually occupied by such
institutions hot leased or otherwise used
with a view to profit; and nil moneys and !
credits appropriated solely to sustaining
aud belonging exclusively to such institu
tions. 7th. All fire engines nnd other imple
ments used for the extinguishment of tires,
with the buildings used exclusively for the
aafe keeping thereof, nnd for the meetings
of fire companies whether belonging to
any town, or to any fire company organi
zed therein.
8th. All market bpjsp s, public squares,
or other public grounds town or township
houses or halls, used exclusively for pub
lic purposes, nnd all works, machinery
nnd fixtures belonging to any town, and
used exclusively for conveying water to
such town.
9th, Fjuch individual in Uus state, shall
be allowed to hold, exempt from taxation,
personal property uf any description, not
exceeding in value two hundred dullnrs.
Mo person shall be required to list a great
er portion of any credits than he believes
will be received, or can be collected; nor
any greater portion of any obligation giv
en to aecijre the payment of rent, than
the amount that shall have asci ued on the
lease, and shall remain unpaid at the
time of such listing. No person shall be
require.! to include in his statement as a
part of the personal property, moneys,
credits, investments in bonds", slocks,
juii clocli companies, orothei'W'ise, which
he is required to list, any share or por
tjOn of ihe capital slock or property, of a
ny company or corporation whicl is requi
red to list or return its capital and proper
ty for taxation in this state. The taxes
upon banks, banking companies, and all
other joint slock companies ol corpora
tions of .whatsoever kind, levied aud cid-
lectad in pursuance of the provisions of
tins act, shall be m lieu ot any taxes
which sueh bank or banking company, or
qthi'l- juiut stock company or corporation,
wfas by former laws required to pay.
Uf Mfteot, eAri-e. md in wluU itytMvir i'eo
pe'rly .tftult Hxttxl.
Sku. 4. Every person of full age and
sound mind, not a married woman, shall
list the real properly of which he is the
owner situate in" tji county in, yfhieh lie
resides, the personal property of w hich lie
is the owner, and, all the moneys in his.
possession; and he shall also list all mo
neys invested, loaned oi otherwise con
trolled by him, as thi agent or attorney,
or on account of any o.lit r person o,r per
sons, company or corporation whatsoever,
and all mont ys deposited subject to his
order, check or draft, andcredits due from,
or owning by any person or persons, body
corporate or politic, whether in or out oi'
such county. The . property of every
ward shall be listed by his guardian; of
every minor child, idiot or lunatic having
no other guardian, by his father, if living,
if not by his mother, if living, and if nei
ther father nor mother be living, by the
person having such property in charge;
of every wife by her husband, if of sound
mind, if not by herself; of every person
for whose benefit property isheld in trust,
by tho trustee; of everv estate of a de
ceased purson, by the executor or adminis
trator; of corporations whose assets are
" in the hands of reeei'ers, by such receiv
ers; ot every company, tirm,, body politic
or corporate, by the president or principal
accouutihg office, partner, or agent there
of, livery person required to list proper
ty on behalf of othera; by the provisions
of tWs act, shall list it in the same town-
- ship in which be would be required to li,st
it, it sucu property were ms own; dui lie
shall list it separately from his own, spe
cifying in each case the name of the per
son, estate, company or corporation, to
4'hom it belongs; and all real property
and merchant's aud manufacturer's stock,
und all the enumerated articles, and all
personal property upon farms and real
prope'rty not iu towi.ts, shall be returned
Tor iuxatitiji,.iul taxed in the township,
and town in 'which it is situated; and nil
' other personal property, except such as
ii taxabld for state purposes only, shall be ' . consideration, believed, when received to
entered for taxation in the township and ' have been adequate, and no such ac
town in ;bich the person charged with the I knowledgement made for the purposo of
- tax thereon resided, at the lime a list I being so deducted, shall be considered a
thereof was taken by the assessor, if such Jdebt within the meauing ojf tiis tection;
'person Reside in: the 'county where such i and so much only of any, liability, as sufe
property was listed; and if not, then such j ty for others, shall be deducted as the py;-
property shall be entered for taxation and i son making out the statement believes lo
'taxed, in the townsbV where1 situated i. surety is legally and equitably bound ty
' when listed, anything' in thi. act to the
contrary notwithstanding.
8kc. 6. Property held under a lense
for a term exceeding fourteen j eni;s, be
t longing to the state, of.jto auy religious,
k scientific or benevolent society, or institu,
i tion. whether cortiorated or uiiinc.ovpora1-
R ted, and school and ministerial lands, shall
k be considered, for all purposes ot tax a
turn, as the property of the person so
holding' the same, and shall be llsteil as
such by such person or his agent', aY in.
othnr rnspa " ' ' 1
other cases.
, Bxc. 6 Each person required by this
aet to list property, shall, make out anil
deliver to the assessor, when required, or
within ten days thereafter, a statement,
verified by his oath or affirmation, of al
the personal property,, moneys, credits,
investments in bonds, stocks, joint stock
companies, or otherwise in his possession,
or under the control of such person, at
, .the time notice was given to him by the
, assessor, to make out such statement, and
. which,- by the provisions of this act he is
required to list , for taxation, either as
owner or holder thereof, or as cuardian,
l parent, Husband, trustee, executor ad
f mbilstrntor receiver, aecmintin officer,"
frtrf, lgenfof factor." V ' T
Sec. 7. Such statement shall truly and
distinctly set forth:
First, th(! number of horses, and the
value thereof.
Second, the number of neat cattle, and
the value thereof.
Third, the number qf mules and asses,
nnd the value thereof.
Fourth, tho number of sheep, nnd the
value thereof.
Fifth, the number of hogs, aud the val
ue thereof.
Sixth, every pleasure carriage, of what
soever kind, und the value thereof.
Provided, that if such person shall ex
hibit to the assessor, the animals, or other
articles of personal property, above enu
merated, the value of such prpperty, so
exhibited, shall be detenuined by the as
sessor. And such person shall further make tq
the assessor, a statement of every gold qr
silver watch, and the value thereof.
Every piano forte, and the value thereof.
The value of the goods and merchan
dize which such person is required to list
as a merchant.
The value of the property which such
person is required to list as a banker, bro
ker, or stock jobber.
The value of the materials and manu
factured articles, which such person is re
quired to list as a manufacturer.
The value of moneys and credits, re
quired to be listed, including all book ac
counts. The value of moneys invested in bonds,
Stocks, joint stock companies, or otherwise,
which such person is, by this act,' requi
red to list.
The total value of all other articles of
)crsonal property, which such person is,
this act, required to list.
Sue. 8. it' there be no articles of per
sonal property, moneys or credits, invest
ments in iwnds, stocks, joint stock com
panies, or' otherwisi:, which such person
woiilul ll" by this act, required to hst, un
his own account, '!' on, account of , others,
he may set frili such fact tj) the assessor,
who shall require the oath or urmation
of such person to tho truth of the salnc.
Unlet fur VultiiiHj I'lUipeiiy
Hue. 0. Each separate parcel of real
property shall be' valued at its true value
in money, excluding the value of the
crops growing thereon; but the price for
which such real property would sell at
auc:.ioi, or at a forced sale, shall nol be
taken as the criterion of such true value.
Fach tract or ioi of real property belong
ing to this Sate, or to tiny county, city,
or charitable iasiitut ion, whether ineerpo-
I rated or uuiiicorporaic.l,uud schuol ir nun-
I istcrial lands, held under a lease for a term
I exceeding fourteen years, shall be valued
I at such price as the assessor believes
could be obtained at private sale for sucl
I lvsasholi estate, Personal properly, of
I every description, shall be valued at the
i usual selling price of similar property
at the lime of listing and at
the place when: the same may then be;
and ' if there be no usual selling price
known to the person whose duty ii shall
be to fix a value thereon, then at sueh
price as it is believed could be obtained
therefor, in money, iiisuch lime and place.
Investments in. bonds, stock's, joint stock
companies, or otherwise, shall be valued
at the true value theol, in, money. Mon
ey, whulherin possession or on deposite,
shall b,e entered in the .statement at full the
amoun thereof; Provided, that the depreci
ated bank notes shall be entered at the cur
rent value.
livery credit for a sum certain, payable
either iu money, property of any kind,
labor or services, shall be valued at the
full price of the sum so payable; if for a
specific nrticle, or for a specified number
or quantity of any article or articles of
property, or for a certain amount of labor,
or for services of any kind, it shall be val
ued at the current price of such property,
or of such labor or service, at the place
where payable. Annuities or moneys,
receivable at Rtated periods, shall be valu
ed at the price which the person listing the
same believes them to be worth in money,
Ofdedactiuiw made from tnoneysmtil credits.
Csiic. 10. Iu making up tho amount of
moneys and credits which any person is
required to list for himself, or any other
person, company or corporation, he shall
be entitled to deduct from the gross amount
of m.o.neys and credits, the amount of all
bona tide debts owing by such person,
company or corporation, to any other per
son, company oj; corporation for a consid
eration received; but no acknowledgement
of indebtedness, not founded on actual
j'pay, and so much-only as he believe
such surety will tie compeueu to pay on
j.arcount ot the inability or insolvency of
J the principal debtor; and if there are oth
er sureties who areaoie i-ocoiiiriouie, man
ouly sormucli as the surety ui whose,, be
half the statement is made, will be bound
to contribute! Provided, that nothing iu
."this section; shall be so construed as to up
"ply to ny bank, company or corporation
exercising banking powers or privileges,
Sec.. 'll. N;o person, company or cpr-
nnmtiim. shall be entiled to UI1V dedllC-
noration. shall be entiled to any fieduc
lion on account of any bond, note, or obli
gation of any kind, given to any mutual
Insurance company, nqr on account of any
unpaid subscription to any religious, liter
ary, scientific or charitable institution or
society, nor on account of any subscrip
tion to, or installment payable on the cap
ital stock of any company, whether incor
porated or unincorporated. :
Of Luting and Valueing tin Property of
MercJuinti and Manufacture rt, and of
'' Jlankers, Uxeltanye, Broken and Utock
" Jubteri, tc. " '', ! ' ' "
Sac, ,12. Every person ihat shall own,
5 or have in his possession, or subject to
'his control, any personal property within
.this ft.uto, with Urn authority lo sell the
same, which shall hfve'been purchased
either in or put of thk, Slate, with a view
to being sold at an;advanced price, or
profit, or which shall' have been consign
ed tq him, from any pj'acc out of this State,
fqr (Jje purpose of beikg sold at any place
Within this State, shall be held to be a
merchant; and, when he Khali be by this
uct required lo make -nut and delier lo
the assessor a statement of his other per
sonal property, he shall state the value of
such property apnertaininir to his busi
ness as a merchant; a:id in estimaling tiie
yaluc thereof, )e shall'take as the, cntcri
qii, tho average value)f all su-lt articles
of personal properly which he bhall have
had from time to tiuuvf iu J;is possession,
qr under his control, during the year next
ptevious to the time of making such state
ment, if so lontr he shall have been enga
ged in business; and if not, then during
such time as he-shall lpivo been so enga
ged; and the averag'i .shall bo made up
by taking the nmouiit in value on hand,
as nearly as may be, ill each month of the
next preceding year m which the person
niaking such statement shall have been
engaged iu business, adding together such'
amounts, and dividing Ihe aggregate
amount thereof by Iheiiunibef of mouths
that the perspn niaL'ng the statement
may have been in busiess during the pre
ceding year; Provided' that no consignee
shall be required tq. lUt for taxation the
value uf any property ,;ihe product of this
Stale, which shall have been consigned
to him, for sale or otherwise, from any
place within the Slatei nor the value of
any properly consignee to hiiu from any
oilier place lor the solo purpose of being
stored, or forwarded; Provided, he shall,
in either case, have n interest in such
property; or any profit Sto be derived from
us sale; and the word Jerson, as used in
this and the succeeding sections, shall be
held to mean and include, firm, company,
and incorportion.
Sec. IX Every perwm who shall pur
chase, leceive ur hold personal property
of any description, for l(ie purpose ot ad
ding to ihe value iheieoiby any process of
manufacturing, refilling, rectilymg, or by
the combination of querent materials,
wilh a view of making a gain or profit
by so doing, siHJll belioK tooe a manufac
turer; and lie shall, K'bc? i he is required
to make and deliver to lli.Wei '"ora s!;;;,'.'-"
meat of the amount of Ins other personal
properly subject lo luxaliou, also' include
in his statement the average value esti
mated, us pi ovided in ti: preceding sec
tion, of all articles ;u received or
otherwise held, for the purpose of being
used in whole or in pari, in any process
or operation of utaiHUaeluring.comuiniiig,
rectuying, or refining, w hich irom time 10
lime lie shall have had on hand during llic
year next previous to the time of mailing
iuch statement, if so long he shall have
been engaged iu such manufacturing bas
liess, any if not, then during the tunc he
shall have been so engaged.
Skc. I P Every person owning a man
ufacturing establishment of auy kind, and
every manufacturer, shall list as part of
his manufacturer's stock, the value of all
engines and machinery, of every descrip-
tioli, used, or designed to be used, iu any
process of refining of manufacturing, (ex
cept such fixtures as shall have been con
sidered as part of any parcel or parcels ot'
real property,) including all loois and im
plements of every kind used, of designed
lo be used, for ihe aforesaid purposes,
Sku. 15. Every person who shall fiave
nioney employed fn the business of deal
ing in coin; notes, or bills of exchange,
qr in the business of dealing in, or buying,
qr shaving any kind of bills of exchange,
checks, drafts, bank notes, promissary
notes, bonds, or other writing obligatory,
or stocks of any kind or description what
soever, shall be held to, be a blinker, bro
ker, or stock-jobber ; and he shall, vhen
he is required lo make out and deliver to
the assessor n statement of the amount or
value of his other personal properry sub
ject to taxatiqn, also include in his 'state
ment the average value estimated as pro
vided in the twelfth section of this, act, of
all monies, notes, bills of exchange, bonds,
stocks, or other properly appertaining to
his business as a banker, broker, or siock
jobber, which he shall have had from
nine to time iu his possession or under his
control during the year next previous to
the time of niaking such statement, if so
long he shall have been engaged in such
business, mid if no,t, then during ihe lime
he slial have been so engaged.
Sec. lb". That when any person shall
commence merchandizing in any county
utter the first day of J uue in any year, the
average value oi whoso personal property
employed in merchandizing shall no. have
been previously entered oil the assessor's
list, t'of taxation, iu, said county, such per
son shall report to, the auditor of Ihe coun
ty, the probable average value of the per
sonal 'pfUperiy by him intended to bu em
ployed in merchandizing until the first day
of Aliy thereafter, nnd shall pay into the
treasury ojt' such county, a sum which
shall bear ihe same proportion to the levy
for all purposes on ihe. average value so
employed, 'us the time from the day on
which he shad commence merchandizing
as aforesaid, to the first of May licit sue-,
ceeding, shall. bear to one year ; Provided,
that if me person so listing his merchant's
capital shall present a bono fide receipt
from the treasurer of any county, in
which suck merchant's capital had been
previously listed aiidtaxed.'forthij amount
of the taxes assessed and by him paid
on the same capital for the same year,
then and iu that case it shall be a receipt
from paying taxes again on such capital.
Sue. 17. Ttut when any person shall
commence or engage in the business of
dealing in slojks of any description, or
in buying or shaving any kind ol bills of
exchange, checks, drafts, bank notes,
promissory notes, or other kind of wri
ting obligatory ai montionod iu the fif
teenth section of this act, after the first
dav of June, in anv year, tho averaire value
J ot' whose personal property employed in
I such busiuess shall nothavo been previous-
I lj r UUfrtlU Ull illV VWl Wlintiwi v4'i'ii',i,
in sai l county, such person shall ivprt
to the a uditor of the county the prob
able average value of the personal proper
ty by him intended to be employed in
such business until the first day of May
thereafter, and shall pay into the treasu
ry of such county, a sum which shall
bear the same proporrion to the levy for
all purposes, on the average value so em
ployed, as the time from the day on which
he "shall commence ur engage in such bus
iness as aforesaid, to the first day of May
next succeeding, shall bear to one year.
Sec. 18. That if any person shall com
mence or engage in the business of mer
chandizing, banking, brokerage, or stock
jobbing, aforesaid, as aforesaid, and shall
not, within one month therealter, report j
to the county auditor, and make payment
to the county treasurer, as before requi
red, he shall forfeit aud pay the sum of
two per cent, on the value of personal
property by him so employed, to be as
certained as near as may be, by the tes
timony of witnesses, and recovered be
fore any justice of the peace, or court
having jurisdiction thereof, by an action
of debt iu the name of the county treasur
er, for the use of the county.
Of Listing and I 'alacing the Property of
Jlatds and Banking Cumpanes, and oth
er Corporation.
Shu. ID. It shall be the duty of the
president and cashier of every bank or
banking company that shall have been or
1'iay hereafter be incorporated by the laws
qf this State, and having the right to is
sue bills for circulation as money, to make
out and return under oath, to the auditor
of the cqtinty in which such bank or bank
ing company may be situated, in the
month of May, annually, a written state
ment, containing,
1st. The average amount of notes and
bills discounted ur purchased by such bank
or hanking company, which amount shall
include all the luans or discounts uf such
bank or banking company, whether origi
nally made or renewed during the year
aforesaid, or at any lime previous, wheth
er made on bills qI' exchange, notes, bonds,
morgages, or any other evidence of indebt
edness, at their actual value in money,
whether due previous to, during, or alter
the period aforesaid ; and on w hich such
bank or banking company has at any
time reserved or received, or is entitled
io receive, a.".''; J??-, tw .other considera
tion whatever, either in the shape oi Ttlii')'
est, discount, exchange, or otherwise..
1 1. The average amount of all other
monies, effects,, or dues of every descrip
tion beloDL'int.' to such bank or baukiiv'
company, loaned, investigated or other
wise used or employed with a view to
profit, or upon which such bank o.r banking
company receives, or is entitled to re
ceive interest.
Six. 20. To ascertain the amount of
the notes and bills discounted and pur
chased and nil other moneys, effects or
dues of every description belonging to
such-bank or banking company, loaned,
invesiigaied or otherwise used or employ
ed, with a view to profit, or upon which
such bank or banking company receives
or is entitled to receive interest, to be re
turned as aforesaid, there shall be taken
as a criterion, the average amount of the
aforesaid items for each month during the
year next previous to the time of niaking
such statement, if so long such bank or
banking company shall have been enga
ged iu business; and if not, then during
such lime as such banking company shall
have been engaged in business; and the
average shall be made by adding together
the amount so found belonging to such
bank or banking company in each month
so engaged in business, and dividing the
suno by the number of months so added
together. .
S:;u. 21. The president, secretary, or
principal accounting officer of every canal
or slack water navigation company, rail
road company, turnpike or plauk road
company, bridge company, insurance com
pany, telegraph company, or oilier joint
s,tack company, except banking or other
corporations whose taxations is specifical
ly provide 1 for inihis act, for whatever
purposo they may have been created,
whether incorperatedby any law of this
State or not, i-hall list for taxation, at it-t
actual value, it,s rcalaud personal prop
erty, monies and credits, within this Slate,
in manner following.
In all cases return shall be made to the
several auditors of the respective counties
where such property may be situated, to
gether with, iv statement of the amount of
said properly, which is situated iu each
township, town city or ward therein.
The value of all moveable property
shall be added to the stationary, and. fixed
property and real estate, an 1 apportioned
to sue!)' wards, towns, cities, and town-,
ships, pro rata, in. proportion to the value
ofthu real estate, nnd fixed property in
said ward, tov,n, city or township..
And all property so listed shall be sub
ject to, and pay ihe same taxes as other
properly listed in such ward, town,, city
or township.
It shall be the duty of the accounting
officer aforesaid, to make return to the
auditor of stale during the mouth of May,
of each year, of the aggregate amount of
all property, real aud personal, by him re
turned, as required by the provisions of
this act, tolho several auditors of the
respective eountios in which the same may
be located,
If the county auditor, to whom, leturn
are made,,, is of the opinion that false or
incorrect valuation have been made, ox
that the property, of tlfb corporation or.as
sociation has, no(, be.nu, listed at its full
value, or tliat it hjis,. not been listed in the
location where it properly belongs, or, in
cases where no return has been, made to
the county auditor, he is hereby'quirpd,
1(0 proceed to have the same valued' and
assessed in the same manner as is . pre
soribed in tho several sections of this act,,
regulating the duties of county auditors ;,
Provided that nothing in this'section shall
be so construed as to tax any stock or in
terest in any joint stock company held by
the State of Ohio; Provided, that every
1 agency of art insurance company incorpo-
rated by th authority of any other state"
or ;overnmeiir, shall return to the auditor
of the county in which the office or agen
cy of such company may be kept, in the
mouth of May, nunu dly. the amount of
the gross receipts of such agency, which
shall be entered upon the tax list of the
proper county, and subject to the samo
rate of taxation for all purposes, that other
personal property is subject to at tho
place where located.
!kc. 22. The Ohio life insurance and
trust company, by its president or cashier.
hull, in the month ot Hay, annually, re
turn under oath, to the -county auditor of
the several counties of the state, a state
ment of its monies loaned, and dues of
every description in such counties respec
tively, which amounts shall be entered on
the tax list of the proper counties, and
taxed the a verge rale per cent, of the tax
es for all purposes levied upon the real
and personal property of such counties ;
and the president or cashier of said com
pany shall, in the month of May, annu
ally, return to the auditor of the county in
which the principal office of said company is
kept, a statement of the amount and value
of the notes and bills discounted or pur
chased, and all other moneis, effects or
dues of every description belonging 1o its
banking department, and loaned, invested,
or otherwise used or employed wilh a
view iu profit, or upon which snid company
receives, or is entitled to receive interest,
and which amount bhall not include its
monies loaned iu the several counles of
the state, returned and taxed as aforesaid;
w'hich amounts shall be ascertained in the
manner prescribed by the 10th and 20lh
sections of this net, and shall be entered
on the tax list and taxed in the same man
ner as is provided ty this act, for the tax
ation of other banking companies.
Poteen and Duties of Township Assessors-.
Sue. 23. In each township, town and
ward, in this state, forming an election
district, there shall be elected on tho first
Monday of April, annually, by the quaji
lied electors of such township, town or
ward, forming an election district, one as
sessor for such township, town or ward,
or part of a township, not included in any
other election district.
Seu. '2l. Each township assessor
shall give bond, and take the prescribed
oath of office, on or before the first Mon
day al ter his election, and the township
clerk shall notify the county auditor there
of ao.i if!.1.1!.' py.'ta.'.Y auditor shall receive no
notice of the qualification" '))!; ."essor,
in any township, ward, or city in his coun
ty, on or before therttml Monday of April,
iu each year, after such eleotion, he shall
oonsider such office vacant; or if there
shall be, at any time, or from any cause,
a vacancy in the office of assessor, or if
the assessor of any township or ward,
shall not have proceeded to the discharge
of the duties of his office before the third
Monday of April, in each year, the coun
ty auditor shall forthwith appoint one or
more suitable persons residents of the
county, to discharge the duties of assessor
in such township or ward, as required in
the fomtcentli sit'c-lioJi of the act lo create
the olli ;e of township assessor.
Sue. 25. The assessment of all person
al property, moneys and credits, invest
ments in bonds, slocks, joint stock com
panies, or otherwisi;, and the valuation of
all lands and lots, and new structures
which have not previously been valued
and placed on the duplicate, shall be
made between ihe second Monday of April
and the second Monday of May, annually;
and the assessor of each township, shall
on ol befor the first day of May, annually,
leave with eaoli person, resident, in his
township, of full age, not n married wo
man, or insane person, or at the office-
usual place of residence or business o'
such person, a written or printed, notice,,
requiring such person to make oijjt for
such assessor, a statement of the-property
which by this act he is required to list
accompanied with printed forms, in blank,
of the statements required of such persons ;
and the assessor shall, at the time he de-:
livers such notice, and blank forms, re
ceive from such person, the statement of
his or her personal property, moneys,
credits, investments in bonds, stocks, joint
slock companies or otherwise, verified by
his oath, unless such person shall require
further lime to make out such statement,
in which case he shall call for such state
ment before the second Mon lay of May.
Sec. 20. Iu every case where any per
son shall refuse to make out aud deliver
to the township assessor, a statement of'
personal property, monies and crdils, in
vestments and bonds, stocks, jo'ni.
stock companies, or otherwise, as
provided by this act, or shall refusjto
take and subscribe an oath or nlfimatiou
as to the truth of such statement, or any
part thereof, which he is by this act re
quired to verify by his oath or animation,
or iu case of sickness or absence of suchper
son, the assessor shall, in every such ease,
proceed to ascertain the number of heac
description of tlie several articles of per
sonal property, enumerated iu the seventh
section of this act, and the value thereof,
the value of personal property subject to
taxation, other than enumerated articles,
and. the value of the money and credits,
investments in, bonds,, stocks and joint
stock companies, or otherwise, of which
a statement shall not have, been made to
said assessor, as aforesaid, as the case
may, require, aud to enable him so to do,
he is hereby authorized, to examine on
oath , or affirmation, any, person or persons
whom he may suppose to havo a knowl
edge of the articles ox value of the pexr
sonal property,, moneys, credits, invest
ments in bonds, stocks, joint stock .com
panies, or otherwise, which the person so
refusing, or absent,, or. sick, was required
to list-. ' . , . , .
Sko. h i' all, cases m which the
tevntihip,.assessoX(i are required, in. con
sequence cj the sickness or absence ofth
person wjipse, duty It is to make out a
statement of personal property, money,'
credits, investments iu bonds, stock, joint
stock companies, or otherwise, or iivcon
sequence of his neglect or refusal to make
out or to be, sworn to such statement, to
ntcertain the several item and tho valu
of such personal property, moneys, ereil
its, investments in txm I, storks, joir
slock companies or otlurwisc, if lliu a
sessor shall be unable to obtain jhViu'v '
evidence of the items and value of such
projHTly, moneys, nnd credits, lie Until
return such articles and value a, from
general reputation and bis own kno1edg
of facu and circumstances, he belie-
to be a correct list of the articles and Tal-
ue of such properly, nionwys, credits, in
vestments in bonds, stock, joint stock eoin- '
panics or wiM-rwise, mat such person
would be by this WTr-fuhrd loiist.
8se. 23. Each towm-hinassessof shall.
on or before the second Monday of May,
annually make out and deliver 'to the au
ditor of his county, in tabular form anil !"'
alphabetical order, a list or lists of th
names of the several jiersons, companies
or corporations, in whose names any per
sonal projxrrty, moneys credits, invest- '
mentsin bonds, stocks", joint stock com
panies, or otherwise, shall have been list- 1 '
ed in his township; and he shall enh-r
separately in appropriate columns, oppos
ite each name, ihe aggregate value of th" i
several species of personal property enu
merated in the seventh section of this act.'
as attested by the person required to list'
the same, or us deteruincd by the asses- ."'
or, making separate lists of persons resi- '
ding out of any incorporated town, and of
persons who are residents of an incorpora
ted town; the column shall be accurately '
added up ; and in every case where any
person whose duty it is to list any person-1
id property, moneys, credits, investment '
in bonds, stocks, joint stock compnuies,
or otherwise, for taxation, shall have re
fused to list the same, when called on for
that purpose by the assessor, or take amil '
subscribe an oalh or sffimation, in regard '
to the truth of his statement of personal
property, moneys,, credits, investment
iu bonds, stocks, joint stock companies;
or otherwisi:, or any part thereof, when
required by the. assessor, tlve assessor :
shall enter oposite the name of such per- '
son, in an appropriate column, the word,. ?
'refused to list,' or 'refused to swear,' and
in every case where any person required '
lo list property for taxation, shall liave '
been absent or unable from sickness to list
the same, the assessor shall enter oppb
site the name of such person, in nn ap- "
propr'ute column, the words, 'absent,' wi
Vsick.' '
Sku. 29. Each township assessor shall, " ' 4
,at the time he is required by this act lo
miie"l's wturu of tasabht nmrvriv,. yv-,
the county auditor, also deliver to linn all "'
the statements of properly, which he ' 1
shall have received from persons required
to list ihe same, arranged iu alphabetiaal
order, and the auditor shall carefully pre- '
serve the same in his office for one vear.- 1
Sku. 3J. Each townahijiassessorshall,
annuity, at the time of taking a list of
personal property, also take a list of all real
property situate in his township, that shall
have become subject to taxation since th
last previous listing of properly' therein,'
with ihe value thereof, estimated ngrcea- '
blv to the rules prescribed therfor by the.
9 lb section of this act, and of nil new build"
ings, or other structures of any kind of over
one hundred dollars in value, the valu
of which shall not havv been previously . 1
added to or included in the valuation of ' -the
land on which such structures hav '
been erected, and shall make return to. "i
the county auditor thereof, at the earn"-1
timj! h is required by this ac to make nix.
return, of persona,' property; in which re- '
turn he shall set forth the tract or lot otK-H
real properly on vhtch each of such struck" 1
lures shall have been ereCtod, the kind "of
structures so erected. Hiid the trite value "
added to such pnreel of real property, by "
the ejection, thereof; and ihe additiilil" "
sum which it is believed the land on rllr
the structure is erected, would sell fa1': ' !
private sale, in consequence ihcveif, I'llP"
be considered ihe v.ajuc of !tnl, ri,
structure, and in case-of the dui!-.'i;".l . h
by fire, Hood or otherwise, of any bji'.d-'
ing or strreiure, of nay kind, over one 1
hundred dollar,-in uduf, which shall have '
been erected previous to the last valuation (f
of the laud vix which ihe same shall have ' .
stood, or. tha value of wbitih shall been,
added to. any former, valuation of suelt '
land, the assessor ishal I determine, as near
ly as practicable, how much. less such land,
would sell for at , private- sule ia cqbtier
quciioc of such ilesiuuc'tiutt, utti makil rii.V .
turn thereof ti the comity. au,liur, as Jm"
.this section provided...-, - .. . ' -'-rtf .
Sue. 3 1 .' E icli taimslup,aaessor' shall r '
take and subscribe an oath, which shall be ' '
certified. by the magistrate administering ".
the same, and attached to the return v4k:W '
he is required to make to the county an- '"
uitor, in the following torm:
f,,r
township, iu tho county of " ' i
do solemnly swear, that the. value of nU
personal property, moneys, ervditi. In" :
vestments iu bonds, wtoek, joiut stock
companies or otherwise, of wluc a state-
ment has been made to me by the person
required by this act, for tho assessment ,
and luxation of all properfy in this Htatti -
according loiU true value, to list the amu, s '
is truly returned, assctforthiu sueh state- 11 f
ment; that iu every case where, by law,
1 have been required to ascertain the Item r-
and value of Hie personal property,' mon-' .i
eys, credits, investment in bonds, stocks,
oiut stock companies, or otherwisi:, of
any person, company or corporation, I,
have diligently and by the bust means in ' '
my power, endeavored to ascertain thr'
same;. and that, as 1 verily believe, a full J
list, with the Value' thereof, estimate : by
the rules prescribed by said act, i set fori I v
n the anuext return; that in.no ea-m have '
1, kuowingly ' omitted to demand of ..
person oi wnom, uy sum aei, i wnt-tev '
quired to make such demand, a tiitMn:ti -uf
the deswiiptiim and vntuA'-of peruc, 1
property, tir of the amount "of money.. ' ;
creoi invest ineitU In buiMbv stdck, jouiA
stock companies, -or otherwise, whick.lw
was required to list, or in any way uooiH- '
ved at any .violation or evasion of any of '
the requirements of aid act, In Matioti t
to the li-sting or valuation C property,-:
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