Digitized by the Internet Archive in 2016 with funding from Duke University Libraries https://archive.org/details/nationaltaxlawof01bead » 'V /* 1 ■ i^u»w C*£ — *- . j Iw'* £c*. 4<^t_ OZjc*- •**Lc^i—- ojL /~7 ~/hi^- 'lie. C^L. /* /P&-/\ ^VwJ Vf a i cl #-*-*- y') > oOd ^twyi. o-u_ (ffcau^^. oCu^te-M—t £■ a-c. C>Z^cve_j OU-jE^ jOjLjl. ///. >Co- er>w f^b-U+A*** 6 uU* v Cyc^-iv. /<2j£wC_ c£^' 5 '‘ ? &v 7* 'Cl . - ,, r 4 et » ^ -!,« Wu. £tp, Pxu^/L. e, /kt 6 . * <7-c«- ^g -c. / [2^ •<./ /c / Ol_ ,u /“'i. ^ .<^c . 7 ? / y fc^Uw-T^ ^ ^ • Cl^'' S& // cn-./ fs ^ s ' X - -*. -I II ■_ (?w 7^ i jLy /$6 l ^ ■ r 7? ,2j ^-?>- ^-* £“ S 1 -*-*— fj. 4 THE NATIONAL TAX LA W 17 OF JULY 1st, 1863, AND THE AMENDATORY ACT OF MARCH 3, 1863 ; TOGETHER WITH A COMPLETE ALPHABETICAL SUMMARY OF ARTICLES TAXED AND THE RATES IMPOSED. PREPARED FROM THE OFFICIAL COPY. BEADLE AND COMPANY, NEW YORK: 118 WILLIAM STREET, LONDON: 44 PATEP.N0STER ROW. THE TAX LAW DECISIONS. The Decisions of the Commissioner of Internal Revenue regarding the interpretation and enforcement of the National Tax Law are now published by Beadle and Company, as a companion-book to this edi- tion of the Law. Many of them are quite important, and will much assist iu a clear apprehension of the Law. To the Tax Law Decisions is added a complete Stamp Directory, together with all the rulings, regulations and decisions bearing upon the use of stamps. Those using stamps and labels will find this Direct- ory very useful. The Tax Law Decisions is for sale by all News Dealers : price but ten cents. Entered according to Act of Congress, in the year 1863, by BEADLE AND COMPANY, In the Clerk’s Office of the District Court of the United States, for the Southern District of New York. CONTENTS r>n i v v ft I. — ORGANIC SECTION. — Commissioner of Internal Revenue, page 7 — Collection Districts and Officers, 8 — Sub-Districts and . Assessors, 8 — Collectors and their Deputies, page 9. II. — GENERAL PR.OVISIONS. — Tax Payers to Make Returns, page 9 — Assessors to Search for Property, etc., 10 — Assessors to Enu- merate in Certain Cases, 10 — Fine and Penalty for False Returns, 11 — Notification to Prepare Lists, 11 — Forced Lists, and Penalties for Refusal, 11 — Assessment of Property of Absentees, 12 — Assess- ment of Property out of Districts, 12 — Assessors’ Returns and General List, 13 — Inspection of Lists Returned, Appeals from, etc., 13 — Assessors to report Lists to Collectors, 14— Pay to As- sessors and Assistants, 16 — Aggregate Lists, 16— Tax Collection, Penalty for Non-payment, etc., 16 — Property Sold for Taxes, IS — Seized Property, and Titles Therefor, IS— Property of Aliens and Absentees, 21 — Collectors to Pay Monthly, 21 — Collector's Ac- count Current, 22 — -Proceedings Against Delinquent Collectors, 22 — Penalty for Extortion, 23 — The Right of Entry to Premises, 23 — Penalty for Obstruction, 24 — In case of Collector’s Sickness, etc., 24 — In case of Collector’s Death, etc., 24 — Right of Collect- ors to Sixe, etc., 25 — Penalty for False Oath, 25 — Accounts, Honv to be kept at the Treasury, 25 — Compensation to Collectors, 26 — In case of a Party Aggrieved, 26 — Title in Goods Distrained, 26 — Taxes Due from States in Rebellion, 26 — Special Provisions for 6ome States, page 27. III -SPIRITS, ALE, BEER, AND PORTER.— Licenses to Distill, Ac- counts, etc., page 27— Applications for Licenses, 29— Tax on Spirits, 29 — What is Considered “ Proof,” 29 — Inspectors and their Duties, 29 — Bonded Warehouses, 30 — Accounts of Manufacture, Sale, etc., 30 — How Spirits may be Shipped, etc., 31 — Regulations for Ex- porting, etc., 32 — Attestation of Accounts of Sale, etc., 33 — Tax on Beer, Ale, Porter, etc., 34 — Regulations of Manufacture, Sale, etc., 34 — Attestation of Entries, etc., 35 — In Case of False Returns, etc., 36 — Penalties for Non-payment of Duties, etc., 36 — General (Monthly) Statements of Products, Sale, etc., page 37. IV -LICENSES. — Every Manufacturer must Obtain a License, page 38 —Regulations for Obtaining Licenses, 3S — Penalty for Neglect to Obtain a License, 39 — Specific Requirements of the License, 39 — • License required for each Trade, etc., 39 — Auctioneers, Regula- tions for, 39 — Perpetuation of License to a Successor, 40 — License Tax on Various Pursuits, 41 — Exemption from License or Duty, 46 — No License against State Prohibitions, etc., page 47. V.— MANUFACTURES, ETC. — Requirements of Firms and Others, page 47 — Duties, How to be Paid, 4S — Process against Delin quents, 49 — Penalty for Violation, etc., 50— Exemptions from the Tax, 50 — Values, how Estimated, 51 — The Taxes, 51 — Auction Sales, 57 — Carriages, Yachts, Billiard-tables and Plate, page 58. P £ Q Q 9 A 1 O' O' ^ fas* V VI CONTENTS. VI. — SLAUGHTERED MEAT. — Regulations for same, page 58. VII. — RAILROADS, STEAMBOATS, ETC.— Tax on Same, Regula- tions for, page 59. VIII. — RAILROAD BONDS.— Page 60. IX. — BANKING INSTITUTIONS, ETC.— Tax on same, its provisions, page 61 — Penalty for Default, etc., 62 — Insurance Tax, 63 — Ac- counts to be Rendered by Companies, etc., page 63. X — SALARIES AND PASSPORTS. — Tax on Government Employeei, page 64 — Tax on Passports, page 64. XI. — ADVERTISEMENTS. — Publishers’ Tax, Penalties, etc., page 64. XII. — INCOME DUTY — Old Law Repealed, page 66 — Tax qn Salaries, Income, etc., 66 — In case of Non-payment of Duty, 67 — Tax on Guardians, Executors, etc., page 68. XII. — STAMP DUTIES — The Duty, page 69 — Penalty for Non-Stamp, 69 — Stamps Non-convertible, 69 — Penalties for Forgery of Stamps, 70 — Stamps to be Canceled and Destroyed by first use, 70 — Drafts, etc., Penalty for Neglect to Stamp, 71 — Wbo shall sell Stamps, 72 — Special Exemptions, 72 — All Telegraphic Dispatches to be Stamped, 73 — All Express Packages to be Stamped, 73 — Schedule C Duties, 73 — Patent Medicines, etc., 74 — Penalty for Base Use of Stamp, 74 — Penalty for Attempt to Evade, etc., 74 — Monthly Statements Required, page 75. XIV. — LEGACIES AND DISTRIBUTIVE SHARES OF PERSONAL PROPERTY. — Executors, Trustees, etc., how Liable, page 75 — How Tax shall be Paid, Penalties for Attempt to Evade, etc., 76 - — Incorporated Property, when Duty shall be Paid, 78 — Penalty for attempted Fraud, page 79. XV. — FROM WHAT MONEYS COLLECTORS, ETC., ARE TO BE PAID. — Page 79. XVI. — ALLOWANCE AND DRAWBACK.— Penalty for Attempted Fraud, page 80. XVI.— SPECIAL PROVISIONS.— Page 81. AMENDMENTS. — Stamp Duties, page 81 — Additional Tax on Sugar, page 82. AMENDED ACT.— General Amendments, page 83 — Licenses, S4 — Manufactures, Wares, &c., 86 — Slaughtered Cattle, SS — Stamp Duties, 8S — Dividends, Incomes, Stock Campanies, etc., 92 — Gen- eral Provisions, page 94. SCHEDULES. — Schedule A: Tax on Carriages, Yachts, Billiard- tables and plate, page 101 — Schedule B : Stamp Duties on Con- tracts, Bills of Exchange, etc., 101 — Schedule C : Stamp Duties on Medicinal Preparations, Perfumery, etc., 106 — Regulations for Supply and Use of Dies, etc., page 107. ALPHAPETICAL SUMMARY OF ARTICLES TAXED, AND THE RATES IMPOSED.— Page 108. T HK NATIONAL TAX LAW. PASSED AT THE SECOND SESSION OF THE THIRTT-SEVENTH CONGRESS. Also the Amended Act, approved March 3 rd, 1863. An Act to provide internal revenue to support the government AND TO PAT INTEREST ON^THE PUBLIC DEBT. Be it enacted by the Senate and House of Representatives of the United States of America in, Congress assembled. That for the purpose of superintending the collection of internal duties, stamp duties, licenses or taxes imposed by this act, or which may be hereafter imposed, and of assessing the same, an office is hereby created in the Treasuiy Department, to be called the office of the Commissioner of Internal Revenue, and the President of the United States is hereby authorized to nomi- nate, and, with the advice and consent of the Senate, to appoint a Commissioner of Internal Revenue, with an annual salary of four thousand dollars, who shall be charged, and hereby is charged, under the direction of the Secretary of the. Treasury, with preparing all the instructions, regulations, directions, forms, blanks, stamps and licenses, and distributing the same, or any part thereof, and all other matters pertaining to the assessment and collection of the duties, stamp duties, licenses and taxes which may be necessary to carry this act into effect, and with the general superintendence of his office, as aforesaid, and shall have authority, and hereby is authorized and required, to provide proper and sufficient stamps or dies for expressing and denoting the several stamp duties, or the amount thereof in the case of percentage duties imposed by this act, and to alter and renew or replace such stamps front time to time as occasion shall require ; and the Secretary of the Treasury may assign to the office of the Commissioner- of Internal Revenue such number of clerks as he may deem necessary or the exigences of the public service may require, and the privilege of franking all letters and documents pertain- ing to the duties of his office, and of receiving free of postage all such letters and documents, is hereby extended to„said Com- missioner. D O A See Amendatory Act, Sec. 19, 20, 21, etc. I.— ORGANIC SECTION. cojnnssioxER of internal revenue. fyjj. . J ^5/V- t l-g . A. r Sr . M.f, 8 THE NATIONAL TAX LAW. COLLECTION DISTRICTS AND OFFICERS, Sec. 2. A nil be it further enacted, That, for the purpose of assessing, levying and collecting the duties or taxes herein- after prescribed by this act, the President of the United States be, and he is hereby, authorized to divide respectively the States and Territories of the United States and the District of Columbia into convenient collection districts, and to nomi- nate, and, by and with the advice and consent of the Senate, to appoint an assessor and a collector for each such district, who shall be residents within the same. Provided , that any of said States and Territories and the District of Columbia, may, if the President shall deem it proper, be erected into and included in one district ; provided that the number of districts in any State shall not exceed the number of representatives to which such State shall be entitled in the present Congress, except in such States as are entitled to an increased representation in the thirty-eighth Congress, in which States the number of districts shall not exceed the number of representatives to which any such State may be so entitled : and provided further, that in the State of California the President may establish a number of districts, not exceeding the 'number of senators and representatives to which said State is entitled in the present Congress. See Amendatory Act, Sec. 22. SUB-DISTRICTS AND ASSESSORS. Sec. 3. And be it further enacted, That each of the assess- ors shall divide his district into a convenient number of assessment districts, subject to sucli regulations and limitations as may be imposed by the Commissioner of Internal Revenue, within each of which he shall appoint one assistant assessor, who shall be resident therein, and each assessor and assistant assessor so appointed, and accepting the appointment, shall, before he enters on the duties of liis appointment, take and subscribe, before some competent magistrate, or some collector, to be appointed by virtue of this act (who is hereby empowered to administer the same), the "following oath or affirmation, to wit: “ I, A. B., do swear, or affirm (as the case may be), that I will bear true faith and allegiance to the United States of America, and will support the Constitution thereof, and that I will, to the best of my knowledge, skill and judgment, dili- gently and faithfully execute the office and duties~of assessor for (naming the assessment district), without favor or parti- ality, and that I will do equal right and justice in every case in which I shall act as assessor.” And a certificate of such oath or affirmation shall be delivered to the collector of the district for which such assessor or assistant assessor shall be appointed. And every assessor or assistant assessor acting in the said office without having taken the said oath or affirm- ation shall forfeit and pay one hundred dollars, one moiety COLLECTORS AND THEIR DEPUTIES. 9 thereof to the use of the United States, and the other moiety thereof to him who shall first sue for the same, with costs of suit. COLLECTORS AND THEIR DEPUTIES. Sec. 4. And be it further enacted, That before any such collector shall enter upon the duties of his office, he shall execute a bond for such amount as shall be prescribed by the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, with not less than five sureties to be approved as sufficient by the Solicitor of the Treasury containing the condition that said collector shall faithfully perform the duties of his office according to law, and shall justly and faithfully account for and pay over to the United States, in compliance with the order or regulations of the Secretary of the Treasury, all public moneys which may come into his hands or possession, which bond shall be filed in the office of the First Comptroller of the Treasury. And such collectors shall, from time to time, renew, strengthen, and increase their official bond, as the Secretary of the Treasury may direct. Sec. 5. And be it further enacted, That each collector shall be authorized to appoint, by an instrument of writing under his hand, as many deputies as he may think proper, to be by him compensated for their services, and also to revoke any such appointment, giving such notice thereof as the Commis- sioner of Internal Revenue shall prescribe; and may require bonds or other securities and accept the same from such deputy; and each such deputy shall have the like authority, in every respect, to collect the duties and taxes levied or assessed within the portion of the district assigned to him, which is by this act vested in the collector himself; but each collector shall, in every respect, be responsible both to the United States and to individuals, as the case may be, for all moneys collected, and for every act done as deputy collector by any of his deputies whilst acting as such, and for every omission of duty: Provided, that nothing herein contained shall prevent any collector from collecting himself the whole or any part of the duties and taxes so assessed and payable within liig district. See Amendatory Act, Sec. 22, 23. Also Sec. 26. II.— GENERAL PROVISIONS. TA^l PATERS TO MAKE RETURNS. Sec. 6. And be it further enacted , That it shall be the duty of any person or persons, partnerships, firms, associations or corporations, made liable to any duty, license, stamp or tax imposed by this act, when not otherwise and differently pro- vided for, on or before the first day of August, one thousand eight hundred and sixty-two, and on or before the first 10 THE NATIONAL TAX LAW. Monday of May in each year thereafter, and in all other cases before the clay of levy, to make a list or return to the assistant assessor of the district where located, of the amount of an- nual income, the articles or objects charged with a special duty or tax, the quantity of goods, wares and merchandise made or sold, and charged with a specific or ad valorem duty or tax, the several rates and aggregate amount according to the respective provisions of this act, and according to the forms and regulations to he prescribed by the Commissioner of Inter- nal Revenue, under the direction of the Secretary of the Treas- ury, for which such person or persons, partnerships, firms, as- sociations or corporations are liable to he assessed under and by virtue of the provisions of this act. ASSESSORS TO SEARCH FOR PROPERTY, ETC. Sec. 7. And be it further enacted, That the instructions, regulations and directions, as hereinbefore mentioned, shall be binding on each assessor and his assistants, and on each collector and his deputies, in the performance of the duties enjoined by or under this act ; pursuant to which instructions the said assessors shall, on the first day of August, one thousand eight hundred and sixty-two, and on the first Monday of May in each succeeding year, and from time to time thereafter, in accordance with this act, direct and cause the several assistant assessors to proceed through every part of their respective districts, and inquire after and concerning all persons being within the assessment districts where they respectively reside, owning,, possessing, or having the care or management of any property, goods, wares and merchandise, articles or objects liable to pay any duty, stamp or tax, including all persons liable to pay a license duty, under the provisions of 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, especially to the written list, schedule or return required to be made out and delivered to the assistant assessor by all persons owning, possessing, or having the care or man- agement of any property, as aforesaid, liable to duty or taxa- tion), and to value and enumerate the said objects of taxation, respectively, in the manner prescribed by this act, and in con- formity with the regulations and instructions before mentioned. Sec Amendatory Act, Sec. 15. ASSESSORS TO ENUMERATE IN CERTAIN CASES. Sec. 8. And be it further enacted, That if any person own- ing, possessing or having the care or management of property, goods, wares and merchandise, articles or objects liable to pay any duty, tax or license, shall fail to make and exhibit a written” list when required, as aforesaid, and shall consent to disclose the particulars of any and all the property, goods, wares and merchandise, articles and objects liable to pay any FORCED LISTS, AND PENALTIES FOIt REFUSAL. 11 duty or tax, or any business or occupation, liable to pay any license as aforesaid, then, and in that case, it shall be the duty of the officer to make such list, which, being distinctly read, consented to, and signed, by the person so owning, possessing, or having the care and management as aforesaid, shall be received as the list of such person. FINE AND PENALTY FOR FALSE RETURNS. Sec. 9. And be it further enacted , That if any such person shall deliver or disclose to any assessor or assistant assessor appointed in pursuance of this act, and requiring a list or lists as aforesaid, any false or fraudulent list or statement, with intent to defeat or evade the valuation or enumeration hereby intended to be made, such person so offending, and being thereof convicted on indictment found therefor in any circuit or district court of the United States, held in the district in which such offense may be committed, 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, and in all cases of under valuation or under statement in such lists or statements, be made, as aforesaid, upon lists according to the form prescribed, to be made out by the assessors, and assistant assessors, respectively; which lists the said assessors and assistant assessors are hereby authorized and required to make according to the best infor- mation 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 valuation and enumerations so made there shall be no appeal. NOTIFICATION TO PREPARE LISTS. Sec. 10. And be it further enacted , That in case any person shall be absent from his or her place of residence at the time an assistant assessor shall call to receive the list of such per- son, it shall be the duty of such assistant assessor to leave at the place of residence of such person, with some person of suitable age and discretion, if such be present, otherwise to deposit in the nearest post-office, a written note or memoran- dum, addressed to such person, requiring him or her to present to such assessor the list or lists required by this act within ten days from the date of such note or memorandum. FORCED LISTS, AND PENALTIES FOR REFUSAL. Sec. 11. And be it further enacted , That if any person, on being notified or required, as aforesaid, shall refuse or neglect to give such list or lists within the time required, as aforesaid, it shall be the duty of the assessor [or assistant assessors : see “ Amendatory Act,” general amendments] for the assessment district within which such person shall reside, and he is hereby authorized and required, to enter into and upon the premises, if it be necessary, of such persons so refusing or neglecting. 1 ! TI1E NATIONAL TAX LAW. and tc make, according to tlie best information which he can obtain, and on his own view and information, such lists of property, goods, wares and merchandise, and all articles or objects liable to duty or taxation, owned or possessed, or under the care or management of such person, as are required by this act, including the amount, if any, due for license ; and in case of refusal or neglect to make such lists, except in cases of sickness, the assessors shall thereupon add fifty per centum to the amount of the items thereof; and the 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 sick- ness or failure to receive the notice, shall, moreover, forfeit and pay the sum of one hundred dollars, except where otherwise provided for ; to be recovered for the use of the United States, with costs of suit. ASSESSMENT OF PROPERTY OF ABSENTEES. Sec. 12. And be it further enacted , That whenever there shall be in any assessment district any property, goods, wares and merchandise, articles or objects, not owned or possessed by, or under the care or management of, any person or per- sons within such district, and liable to be taxed as aforesaid, and no list of which shall have been transmitted to the assist- ant assessor in the manner provided by this act, it shall be the duty of the assistant assessor for such district, and he is hereby authorized and required, to enter into and upon the premises where such property is situated, and take such view thereof as may be necessary, and to make lists of the same according to the form prescribed, which lists, being subscribed by the said assessor, shall be taken and reputed as good and sufficient lists of such property, goods, wares and merchan- dise, articles or objects, as aforesaid, under and for the purposes of this act. ASSESSMENT OF PROPERTY OUT OF DISTRICTS. Sec. 13. And be it further enacted , That the owners, posses- sors, or persons having the care or management of property, goods, wares and merchandise, articles or objects, 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 duty or taxation are situated is therein distinctly stated) at the time and in the manner prescribed to the assistant assessor of the assessment district wherein such persons reside. And it shall be the duty of the assistant assessor who receives any such list to transmit the same to the assistant assessor where such objects of taxation are sit- uate, who shall examine such list; and if he approves the •ame, he shall retiiTn it to the assistant assessor from whom INSPECTION OP LISTS RETURNED. 13 be received it, -with his approval thereof; and if he fails to approve the same, he shall make such alterations therein as he may deem, to be just and proper, and shall then return the said list, with such alterations therein or additions thereto, to the assistant assessor from whom he received the said list; and the assistant assessor, where the person liable to pay such tax resides, shall proceed in making the assessment of the tax upon the list by him so received, in all respects as if the said list had been made out by himself.* assessors’ returns and general list. Sec. 14. And be it further enacted , That the lists aforesaid shall, where not otherwise specially provided for, be taken with reference to the day fixed for that purpose by this act, as aforesaid, and where duties accrue at other and different times, the lists shall be taken with reference to the time when said duties become due; and the assistant assessors, respect- ively, 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 any duty, tax or license under this act residing within the assessment district, together with the value and assessment,' or enumeration, as the case may require, of the objects liable to duty or taxation within such district for which each such person is liable, or for which any firm, com- pany or corporation is liable, with the amount of duty or tax payable thereon; and the second list shall exhibit, in alpha- betical order, the names of all persons residing out of the collection district, owners of property within the district, together with the value and assessment or enumeration thereof, as the case may be, with the amount of duty or tax payable thereon as aforesaid. The forms of the said general list shall be devised and prescribed by the assessor, under the direction of the Commissioner of Internal Revenue, and lists taken according to such forms shall be made out by the assistant assessors and delivered to the assessor within thirty days after the day fixed by this act as aforesaid, requiring lists from individuals, or where duties, licenses or taxes accrue at other and different times, the lists shall be delivered from time to time as they become due. And if ahy 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 unavoid- able 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, with costs of suit. INSPECTION OP LISTS RETURNED — APPEALS FROM, ETC. Sec. 15. And be it further enacted , That the assessors for each collection district shall, by advertisement in some public * For some qualification of this see Tax Law Decisions. 14 THE NATIONAL TAX LAW. newspapers published in each county within said district, if any such there he, and by written or printed notifications, to be posted up in at least four public places within each assess- ment district, advertise all persons concerned, of the time and place within said county when and where the lists, valua- tions and enumerations made and taken within said county may be examined; and said lists shall remain open for exam- ination for the space of fifteen days after notice shall have been given as aforesaid. And said notifications shall also state when and where within said county, after the expiration of said fifteen days, appeals will be received and deter- mined relative to any erroneous or excessive valuations or enumerations by the assistant assessors. And it shall be the duty of the assessor for each collection district, at the time fixed for hearing such appeal as aforesaid, to submit the pro- ceedings of the assistant assessors, and the lists taken and returned as aforesaid, to the inspection of any and all persons who may apply for that purpose. And the said assessor for each collection district is hereby authorized, at any time within fifteen days from and after the expiration of the time allowed for notification as aforesaid, to 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 assistant assessors: Provided , that the question to be determined by the assessor, on an appeal respecting the valuation or enumeration of property, or objects liable to duty or taxation, shall be, whether the valuation complained of be or be not in a just relation or proportion to other valuations in the same assessment district, and whether the enumeration be or be not correct. And all appeals to the assessor, 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 principle of inequality or error complained of. And the assessor shall have power to re-examine and equalize the valuations as shall appear just and equitable; but no valuation or enumeration shall be increased without a previous notice, of at least five days, to the party interested, to appear arid object to the same, if he j adge proper ; which notice shall be given by a note in writing, to be left at the dwelling-house, office or place of busi- ness of the party by such assessor or an assistant assessor. ASSESSORS TO REPORT LISTS TO COLLECTORS. Sec. 16. And he it further enacted , That the said assessors of each collection district, respectively, shall, immediately after the expiration of the time for hearing appeals, and from time to time, as duties, taxes or licenses become liable to be assessed, make out lists containing the sums payable according to the provisions of this act upon every object of duty or taxation in and for each collection district, which lists shall PAT TO ASSESSORS AND ASSISTANTS. 15 contain tlie name of each person residing within the said district owning or having the cafe or superintendence of property lying within the said district which is liable to the said tax, or engaged in any business or pursuit requiring a license, 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 duty or 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 assistant assessor making out any such separate list shall transmit therefrom to the assistant assessor, where the persons liable to pay such tax reside or shall have their principal place of business, copies of the list of property held by persons so liable to pay such tax, to the end that the taxes assessed under the provisions of this act may be paid within the collection district where the persons liable to pay the same reside or may have their principal place of business. And in all other cases the said assessor shall furnish to the collectors of the several collection districts, respectively, within ten days after the time of hearing appeals, and from time to time thereafter as required, a certified copy of such list or lists for their proper collection districts ; and in default of performance of the duties enjoined upon assessors by this section they shall severally and individually forfeit and pay the sum of five hundred dollars to the use of the United States; and, moreover, shall forfeit their compensation as assessors: Provided , that it shall be in the power of the Commissioner of Internal Revenue to exonerate any assessor as aforesaid from such forfeitures, in whole or hi part, as to him shall appear just and equitable. PAT TO ASSESSORS AND ASSISTANTS. Sec. 17. 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 three 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 five dollars per day for every day employed in hearing appeals, revising valuations, and making out lists agreeable to tlie provisions of this act ; and one dollar for every hundred taxable persons contained in the tax list, as delivered by him to said collectors, and forwarded to the Commissioner of Internal Revenue; to each assistant assessor three dollars for every day actually employed in collecting lists and making valua- tions, the number of days necessary for that purpose to be certified by the assessor and approved by the Commissioner of Internal Revenue; and one dollar for every hundred V .Acu- • V. 1 Jit .2-0, 1C THE NATIONAL TAX LAW. taxable persons contained in the tax list, as completed and delivered by him to the assessor. And the said assessors and assistant assessors, respectively, shall also be allowed tueir necessary and reasonable charges for stationery and blank books used in the execution of their duties, and the compensa- tion herein specified shall be in full for all expenses not other- wise particularly authorized: Provided , the Secretary of the Treasury shall be, and fie is hereby, authorized to fix such additional rates of compensation to be made to assessors and assistant assessors in the States of California and Oregon and the Territories, as may appear to him to be just and equitable in consequence of the greater cost of living and traveling in those States and Territories, and as may in his judgment be necessary to secure the service of competent and efficient men, provided the rates of compensation thus allowed shall not exceed the rates paid to similar officers in such States and Territories respectively. In cases where a collection dis- trict embraces more than a single Congressional district, the Secretary of the Treasury may allow the assessor such compen sation as he may deem necessary. AGGREGATE LISTS. Sec. 18. And be it farther enacted. That each collector, on receiving a list, as aforesaid, and from time to time as such lists may be received from the said assessors respectively, shall subscribe three receipts, one of which shall be given on a full and correct copy of such list ; which list shall be de- livered 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 his collection district ; one of which aggregate statements and receipts shall be transmitted to the Commissioner of Inter- nal Revenue, and the other to the First Comptroller of the' Treasury; and all lists received from time to time, as afore- said, shall be in like form and manner transmitted as afore- said. TAX-COLLECTION — PENALTY FOR NON-PAYMENT, ETC. Sec. 19. And be it further enacted. That each of said collect- ors [and Deputy Collectors : see “ Amendatory Act," general regulations] shall, within ten days after receiving his annual collection list from the assessors, respectively, as aforesaid, give notice, by -advertisement published in each county in his collection district, in one newspaper printed in each county, if any such there be, and by notifications to be posted up in at least four public places in each county in his collection dis- trict, that the said duties have become due and payable, and state the time and place within said county at which he will attend to receive the same, which time shall not be less PENALTY FOR NON-PAYMENT. 17 than ten days after such notification ; and all persons who shall neglect to pay the duties and taxes so as aforesaid assessed upon them to the collector within the time specified, shall be liable to pay ten per centum additional upon the amount thereof, the' fact of which liability shall be stated in the advertisement and notifications aforesaid. And with regard to all persons who shall neglect to pay as aforesaid, it shall be the duty of the collector, in person or by deputy, within twenty days after such neglect, to make a demand personally, or at the dwellings or usual places of business of such persons, if any they have, for payment of said duties or taxes, with the ten per centum additional aforesaid. And with respect to all such duties or taxes as are not included in the annual lists aforesaid, and all taxes and Julies the collection dr which is not otherwise provided for in this act, it shall be the duty of each collector, in person or by deputy, to demand payment thereof, in manner aforesaid, within ten days from and after , receiving the list thereof from the assessor ; and if the annual ' and other duties shall not be paid within ten days fronT'and-.- after such demand therefor, it shall be lawful for such col- lector or his deputies to proceed to collect the said duties or taxes, with ten per centum additional thereto, as aforesaid, by distraint andsale of the goods, chattels or effects of the persons delinquent as aforesaid. And in case of ’ such dis- traint, it shall be the duty of the officer charged with the col- lection to make, or cause to be made, an account of the goods or chattels which may be distrained, a copy of which, signed by the officer making such distraint, shall be left with the owner or possessor of such goods, chattels or effects, or at his or her dwelling, with some person of suitable age and discre- tion, with a note of the sum demanded, and the time and place of sale; and the said, officer shall forthwith cause a notification to be published in some newspaper within the county wherein said distraint is made, if there is a newspaper published in said county, or to be publicly posted up at the post-office, if there be one within five miles, nearest to the residence of the person whose property shall be distrained, and in not less than two other public places, which notice shall specify the articles distrained, and the time and place for the sale thereof, which time shall not be less than ten nor more than twenty days from the date of such notification, and the place proposed for sale not more than five miles dis- tant from the place of making such distraint : Provided, that in any case of distraint for the payment of the duties or taxes aforesaid, the goods, chattels or effects so distrained shall and may be restored to the owner or possessor, if, prior to the sale, payment of the amount due, or tender thereof, shall bf* made to the proper officer charged with the collection of the full amount demanded, together with such fee for levying 18 THE NATIONAL TAX LAW. and sucli sum for the necessary and reasonable expense of removing, advertising and keeping the goods, chattels or effects so distrained as may be prescribed by the Commissioner of Internal Revenue ; but in case of non-payment or tender, as aforesaid, the said officers shall proceed to sell the said goods, chattels or effects at public auction, and shall and may retain from the proceeds of such sale the amount demandable for the use of the United States, with the necessary and reason- able expenses of distraint and sale, and a commission of five per centum thereon for his own use, rendering the overplus, if any there be, to the person whose goods, chattels or effects shall have been distrained: Provided, that there shall be ex- empt from distraint the tools or implements of a trade or pro- fession, one cow, arms, and provisions, and household furni- ture kept for use, and apparel necessary for a family. PROPERTY SOLD FOR TAXES. Sec. 20. And he it further enacted , That in all cases where the property liable to distraint for duties or taxes under this act may not be divisible, so as to enable the collector by a sale of part thereof to raise the whole amount of the tax, with all costs, charges and commissions, the whole of such prop- erty shall be sold, and the surplus of the proceeds of the sale, after satisfying the duty or tax, costs and charges, shall be paid to the owner of the property, or his, her or their legal representatives; or if he, she or they can not be found, or refuse to receive the same, then such surplus shall be de- posited in the treasury of the United States, to be there held for the use of the owner, or his, her or their legal representa- tives, until he, she or they shall make application therefor to the Secretary of the Treasury, who, upon such application, shall, by warrant on the treasury, cause the same to be paid to the applicant. And if the property advertised for stfle as aforesaid can not he sold for the amount of the duty or tax due thereon, with the costs and charges, the collector shall purchase the same in behalf of the United States for an amount not exceeding the said tax or duty, with the costs and charges thereon, and all property so purchased may be sold by said collector under such regulations as may be prescribed by the Commissioner of Internal Revenue. And the collector shall render a distinct account of all charges incurred in the sale of such property, and shall pay into the Treasury the surplus, if any there be, alter defraying the charges. SEIZED PROPERTY, AND TITLES THEREFOR. Sec. 21. And be it further enacted , That in any case where goods, chattels or effects sufficient to satisfy the duties imposed by this act upon any person liable to pay the same, shall not be found by the collector or deputy collector whose duty it may be to collect the same, he is hereby authorized to collect the same by seizure and sale of real estate ; and SEIZED PROPERTY, AND TITLES THEREFOR. 19 tlie officer making such seizure and sale shall give notice to the person whose estate is proposed to he sold, by giving him in hand, or leaving at his last and usual place of abode, if he has any such within the collection district where said estate is situated, a notice in writing, stating what par ticular estate is proposed to be sold, describing the same with reasonable certainty, and the time when and place where said officer proposes to sell the same, which time shall not be less than ten nor more than twenty days from the time of giving said notice ; and the said officer shall also cause a notification to the same effect to be published in some newspaper within the county where such seizure is made, if any such there be, and shall also cause a like notice to be posted up at the^>ost- office nearest to the place of residence of the person whose estate shall be so seized, and in two other public places within the county; and the place of said sale shall not be more than five miles distant from the estate seized. At the time and place appointed, the officer making such seizure shall proceed to sell the said estate at public auction, offering the same at a minimum price, including the amount of duties, with the ten per centum additional thereon, and all charges for advertising, and an officer’s fee of ten dollars ; and if no per- son offers for said estate the amount of said minimum, the officer shall declare the same to be purchased by him for the United States, and shall deposit with the District Attorney of the United States a deed thereof, as hereinafter specified and provided, otherwise the same shall be declared to be sold to the highest bidder; and said sale may be adjourned by said officer for a period not exceeding five days, if he shall think it advisable so to do. If the amount bid shall not be then and there paid, the officer shall forthwith proceed to again sell said estate in the same manner. If the amount bid shall be then and there paid, the officer shall give his receipt therefor, if requested, and within five days thereafter he shall make out a deed of the estate so sold to the purchaser thereof, and exe- cute the same -in his official capacity in the manner prescribed by the laws of the State in which said estate may [be] situated, in which said deed shall be recited the fact of said seizure and sale with the cause thereof, the amount of duty for which said sale was made, and of all charges and fees, and the amount paid by the purchaser, and all his acts and doings in relation to said seizure and sale, and shall have the same ready for delivery to said purchaser, and shall deliver the same accord- ingly upon request therefor ; and said deed shall be prima facie evidence of the truth of the facts stated therein, and if the pro- ceedings of the officer, as set forth, have been substantially in pursuance of the provisions of this act, shall be considered aud operate as a conveyance to the purchaser of the title to said estate, but shall not affect the rights of third persons, acquired 20 THE NATIONAL TAX LAW. previously to the claim of the United States under this act. The surplus, if any, arising from such sale shall be disposed of as provided in this act for like cases arising upon sales of personal property; and any person whose estate may be seized for duties as aforesaid shall have the same right to pay or tender the amount due, with all proper charges there- on, prior to the sale thereof, and thereupon to relieve his said estate from sale as aforesaid, as is provided in this act for personal property similarly situated. And any collector or deputy collector may, for the collection of duties imposed upon any person by this act and committed to him for col- lection, seize and sell the lands of such person situated in any othe P collection district within the State in which said officer resides, and his proceedings in relation thereto shall have the same effect as if the same were had in his proper collection district ; and the owners, their heirs, executors or administra- tors, or any person having an interest therein, or any person on their behalf, shall have liberty to redeem the lands sold, as aforesaid, within one year from and after recording the said ' deed, upon payment to the purchaser, or, in case he can not be found in the county where the lands are situate, to the collector for the use of the purchaser, his heirs or assigns, of the amount paid by the purchaser, with interest on the same at the rate of twenty per centum per annum. And it shall be the duty of every collector to keep a record of all sales of land made in his collection district, whether by him- self or his deputies, in which shall be set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed, and all proceedings in making said sale, the amount of fees and expenses, the name of the purchaser, and the date of the deed, which record shall be certified by the officer making the sale. And it shall be the duty of any deputy making sale, as aforesaid, to return a statement of all his proceedings to the collector, and to certify the record thereof. And in case of the death or removal of the collector, or the expiration of his term of office from any other cause, said record shall be deposited in the office of the Clerk of the District Court of the United States for the dis- trict within which the said collector resided, and a copy of eveiy such record certified by the collector, or by the clerk, as the case may require, shall be evidence in any court of the truth of the facts therein stated. And when any lands sold as aforesaid, shall be redeemed as hereinbefore provided, the collector or clerk, as the case may be, shall make an entry of the fact upon the record aforesaid, and the said entry shall be evidence of such redemption. And the claim of the Gov- ernment to lands sold under and by virtue of the foregoing provisions, shall be held to have accrued at the tune of seizure thereof. COLLECTORS TO PAT MONTHLY. 21 PROPERTY OF ALIENS AND ABSENTEES. Sec. 22. And be it further enacted , That if any collector snail find upon any lists of taxes returned to him for collection property lying within his district which is charged with any specific or ad valorem tax or duty, but which is not owned, occupied or superintended by some person known to such collector to reside or to have some place of business within the United States, such collector shall forthwith take such property into his custody, and shall advertise the same, and the tax charged upon the same, in some newspaper published in his district, if any shall be published therein, otherwise in some newspaper in an adjoining district, for the space of thirty days; and if the taxes thereon, with all charges for adver- tising, shall not be paid within said thirty days, such collector shall proceed to sell the same, or so much as is necessary, in the manner provided for the sale of other goods distrained for the non-payment of taxes, and out of the proceeds shall satisfy all taxes charged upon such property, with the costs of advertising and selling the same. And like proceedings to those provided in the preceding section 'for the purchase and resale of property which can not be sold for the amount of duty or tax due thereon, shall be had with regard to property sold under the provisions of this section. And any surplus arising from any sale herein provided for shall be paid into the treasury, for the benefit of the owner of the property. And the Secretary of the Treasury is authorized in any case where money shall be paid into the treasury for the benefit of any owner of property sold as aforesaid, to repay the same, on proper proof being furnished that the person applying there- for is entitled to receive the same. COLLECTORS TO FAY MONTHLY. Sec. 23. And be it further enacted , That the several collect- ors shall, at the expiration of each and every month, after they shall respectively commence their collections, transmit to the Commissioner of Internal Revenue a statement of the collections made by them, respectively, within the month, and pay over monthly, or at such time or times as may be re- quired by the Commissioner of Internal Revenue, the moneys by them respectively collected within the said term, and at such places as may be designated and required by the Com- missioner of Internal Revenue; and eaeli of the said collectors shall complete the collection of all sums annually assigned to him for collection, as aforesaid, shall pay over the same into the treasury, and shall render his final account to the Trea- sury Department as often as he may be required, and within six months from and after the clay when he shall have received the collection lists from the said assessors or assistant assessors, as aforesaid. And the Secretary of the Treasury is authorized to designate one or more depositories in each 22 THE NATIONAL TAX LAW State, for the deposit and safe keeping of the moneys collected by virtue of this act, and the receipt of the proper officer of such depository to a collector for the money deposited by him shall be a sufficient voucher for such collector in the settlement of his accounts at the Treasury Department. And the Commissioner of Internal Revenue may, under the direc- tion of the Secretary of the Treasury prescribe such regula- tions with reference to such deposits as he may deem necessary. collector's account current. Sec. 24. And be it further enacted , That each collector shall be charged with the whole amount of taxes by him receipted, whether contained in lists delivered to him by the assessors respectively, or delivered or transmitted to him by assistant assessors from time to time, or by other collectors, and shall be credited with the amount of duties or taxes contained in the lists transmitted in the manner above provided to other collectors, and by them receipted as aforesaid; and also for the duties or taxes of such persons as may have absconded, or become insolvent, prior to the day when the duty or tax ought, according to the provisions of this act, to have been collected: Provided , that it shall be proved to the satisfaction of the First Comptroller of the Treasury that due diligence was used by the collector, and that no property was left from which the duty or tax could have been recovered. And each collector shall also be credited with the amount of all prop- erty purchased by him for the use of the United States, pro- vided he shall faithfully account for, and pay over the pro- ceeds thereof upon a resale of the same as required by this act. PROCEEDINGS AGAINST DELINQUENT COLLECTORS. Sec. 25. And be it further enacted , That if any collector shall fail either to collect or to render his account, or to pay over in the manuer or within the times hereinbefore provided, it shall be the duty of the Fij^t Comptroller of the Treasury, and he is hereby authorized and required, immediately after such delinquency, to report the same to the Solicitor of the Treasury, who shall issue a warrant of distress against such delinquent collector and Iris sureties, directed to the marshal of the district, therein expressing the amount of the taxes with which the said collector is chargeable, and the sums, if any, which have been paid. And the said marshal shall, himself, or by his deputy, immediately proceed to levy and collect the sum which may remain due, by distress and sale of the goods and chattels, or any personal effects of the delin- quent collector, giving at least five days notice of the time and place of sale, in the manner provided by law for adver- tising sales of personal property on execution in the State wherein such collector resides; and, furthermore, if such goods, chattels and effects can not be found sufficient to satisfy PENALTIES, ETC. 23 the said warrant, the said marshal or his deputy shall and may proceed to levy and collect the sum which remains due, by distress and sale of the goods and chattels, or any personal effects, of the surety or sureties of the delinquent collector, giving notice as hereinbefore provided, and the bill of sale of the oflicei; of any goods, chattels, or other personal property distrained and sold as aforesaid, shall be Conclusive evidence of title to the purchaser, and prima facie evidence of the right of the officer to make such sale, and of the correctness of his proceedings in selling the same. And for want of goods and chattels, or other personal- effects of such collector or his sure- ties, sufficient to satisfy any warrant of distress, issued pursu- ant to the preceding section of this act, the lands and real estate of such collector and his sureties, or so much thereof as may be necessary for satisfying the said warrant, after being advertised for at least three weeks in not less than three public places in the collection district, and in one news- paper printed in the county or district, if any there be, prior to the proposed time of sale, may and shall be sold at public auction by the marshal or his deputy, who, upon such sale shall, as such marshal or deputy marshal, make and deliver to the purchaser of the premises so sold a deed of conveyance thereof, to be executed and acknowledged in the manner and form prescribed by the laws of the State in which said lands are situated, which said deed so made shall invest the pur- chaser with all the title and interest, of the defendant or defendants named in said warrant, existing at the time of seizure thereof. And all moneys that may remain of the proceeds of such sale after satisfying the said warrant of distress, and paying the reasonable costs and charges of sale, shall be returned to the proprietor of the lands or real estate sold as aforesaid. PENALTY FOR EXTORTION. Sec. 26. And be it further enacted , That each and every collector, or his deputy, who shall exercise or be guilty of any extortion or willful oppression, under color of this act, or shall knowingly demand other or greater sums than shall be authorized by this act, shall be liable to pay a sum not exceed- ing double the amount of damages accruing to the party^ injured, to be recovered by and for the use of the party injured, with costs of suit, and shall be dismissed from office, aud be disqualified from holding such office thereafter ; and each and every collector, or his deputies, shall give receipts for all sums by them collected and retained in pursuance of this act. THE RIGHT OF ENTRY TO PREMISES. Sec. 27. And be it further enacted , That a collector or deputy collector, assessor or assistant assessor shall be author- ized to enter, in the daytime any brewery, distillery, manu- 24 THE NATIONAL TAY LAW. factory, building, or place where any property, articles, or objects, subject to duty or taxation under the provisions of this act, are made, produced, or kept, within his district, so far as it may be necessary for the purpose of examining said property, articles, or objects, or inspecting the accounts required by this act from time to time to be made. And every owner of such brewery, distillery, manufactory, build- ing, or place, or persons having the agency or superintendence of the same, who shall refuse to admit such officer, or to suffer him to examine said property, articles, or objects, or to inspect said accounts, shall for every such refusal, forfeit and pay the sum of five hundred dollars. PENALTY FOR OBSTRUCTION. Sec. 28. And be it further enacted , That if any person shall forcibly obstruct or hinder a collector or deputy collector in the execution of this act, or of any power and authority hereby vested in him, or shall forcibly rescue, or cause to be rescued, any property, articles, or objects, after the same shall have been seized by him, or shall attempt or endeavor so to do, the person so offending shall, for every such offense, forfeit and pay the sum of five hundred dollars. See Amendatory Act, “ General Amendments,” for important modification of this section. IN CASE OF COLLECTOR’S SICKNESS, ETC. Sec. 29. And be it further enacted, That in case of the sickness or temporary disability of a collector to discharge such of his duties as can not under existing laws be discharged by a deputy, they may be devolved by him upon one of his deputies : Provided , that information thereof be immediately communicated to the Secretary of the Treasury, and shall not be disapproved by him. And provided further , that the responsibility of the collector or his sureties to the United States shall not be affected or impaired thereby. IN CASE OF COLLECTOR’S DEATH, ETC. Sec. 30. And be it further enacted, That in case a collector shall die, resign, or be removed, the deputies of such collector shall continue to act until their successors are appointed ; and the deputy of such collector longest in service at the time ’immediately proceeding may and shall, until a successor shall be appointed, discharge all' the duties of said collector ; and for the official acts and defaults of such deputy a remedy shall be had on the official bond of the collector, as in other cases ; and of two or more deputy collectors, appointed on the same day, the one residing nearest the residence of the collector at the time of his death, resignation or removal, shall in like maimer discharge the said duties until the appointment of a successor ; and any bond or security taken of such deputy by such collector, pursuant to the fifth section of this act, shail be available to his heirs or representatives to indemnify them ACCOUNTS. 23 for loss, or damage accruing from any act of the proper deputy so continuing or so succeeding to the duties of such collector. RIGHT OP COLLECTORS TO SUE, ETC. Sec. 31. And be it farther enacted , That it shall be the duty of the collectors aforesaid, or their deputies, in their respective districts, and they are hereby authorized, to collect all the duties and taxes imposed by this act, however the same may be designated, and to prosecute for the recovery of the same, and for the recovery of any sum or sums which may be forfeited by virtue of this act ; and all fines, penalties and for- feitures which may be incurred or imposed by virtue of this act, shall and may be sued for and recovered, in the name of the United States, or of the collector within whose district any such fine, penalty or forfeiture shall have been incurred, in any proper form of action, or by any appropriate form of proceeding, before any circuit or district court of the United States for the district within which said fine, penalty or for- feiture may have been incurred, or before any other court of competent jurisdiction ; and, where not otherwise and differ- ently provided for, one moiety thereof shall be to the use of the United States, and the other moiety thereof to the use of the person who, if a collector or deputy collector, shall first inform of the cause, matter or thing whereby any such fine, penalty or forfeiture was incurred. PENALTY EOS FALSE OATH. Sec. 32. And be it -farther enacted , That if any person in any case, matter, hearing or other proceeding in which an oath or affirmation shall be required to be taken or adminis- tered under and by virtue, of this act, shall, upon the taking of such oath or affirmation, knowingly and willingly swear or affirm falsely, every person so offending shall be deemed guilty of perjury, and shall, on conviction thereof, be subject to the like punishment and penalties now provided by the laws of the United States for the crime of perjury. ACCOUNTS — HOW TO BE KEPT AT THE TREASURY. Sec. 33. And be it further enacted , That separate accounts shall be kept at the treasury of all moneys received from internal duties or taxes in each of the respective States, Territories and collection districts, and that separate accounts shall be kept of the amount of each species of duty or tax that shall accrue, so as to exhibit, as far as may be, the amount collected from each source of revenue, with the moneys paid to the collectors and deputy collectors, and to the other officers employed in each of the respective States, Territories and collection districts — an abstract in tabular form of which accounts it shall be the duty of the Secretary of the Treasury, annually in the month of December, to lay before Congress. 26 THE NATIONAL TAX LAW. COMPENSATION TO COLLECTORS. Sec. 34. And be it further enacted , That there shall be allowed to the collectors appointed under this act, in full com- pensation for their services and that of their deputies in carry- ing this act into effect, a commission of four per centum upon the first hundred thousand dollars, and two per centum upon all sums above one hundred thousand dollars; such commis- sions to be computed upon the amounts by them respectively paid over and accounted for under the 'instructions of the Treasury Department: Provided that in no case shall such commissions exceed the sum of $10,000 per annum, except as hereinafter provided. And there shall be further allowed to each collector his necessary and .reasonable charges for sta- tionery and blank books used in the performance of his official duties, which, after being duly examined and certified by the Commissioner of Internal Revenue, shall be paid out of the treasury: Provided , that the Secretary of the Treasury be au- thorized to make such further allowance as may be reasonable in cases in which, from the territorial extent of the district, or from the amount of internal duties collected, it may seem just to make such allowance ; but the whole compensation shall not exceed $10,000, except in collection districts embracing more than one Congressional district. '■ ,y~A- IN CASE OP A PARTY AGGRIEVED. Sec. 35. And be it further enacted , That when any duty or fax shall have been paid by levy and distraint, any person or persons or party who may feel aggrieved thereby may apply to the assessor of the district for relief, and exhibit such evidence as he, she or they may have of the wrong done, or supposed to have been done, and after a full investigation the assessor shall report the case, with such parts of the evidence as he may judge material, including also such as may be regarded material by the party aggrieved, to the Commissioner of In- ternal Revenue, who may, if it shall be made to appear to him that such duty or tax was levied or collected, in whole or in part, wrongfully or unjustly, certify the amount wrongfully and unjustly levied or collected, and the same shall be refunded and paid to the person or persons or party as aforesaid, from any moneys in the treasury not otherwise appropriated, upon the presentation of such certificate to the proper officer thereof. TITLE IN GOODS DISTRAINED. Sec. 36. And be it further enacted , That in all cases of dis- traint and sale of goods or chattels, for non- payment of taxes provided for in this act, the bill of sale of sucli goods or chat- tels given by the officer making such sale to the purchaser thereof sliail be conclusive evidence of the right of the officer to make such sale, and of the correctness of his proceedings in selling the same. TAXES DUE FROM STATES IN REBELLION. Sec. 37. And be it further enacted , That if for any cause, at any SPIRITS, ALE, ETC. 27 time after this act goes into operation, the laws of the United States cannot be executed in a State or Territory of the United States, or any part thereof, or within the District of Columbia it shall be the duty of the President, and he is hereby authorized, to proceed to execute the provisions of this act within the limits of such State or Territory, or part thereof, or District of Columbia so soon as the authority of the United States therein shall be reestablished, and to collect the sums which would have been due from the persons residing or holding property, goods, wares or merchandise, object or article therein liable to any duty, license or tax, with interest at the rate of six per centum per annum thereon from the time such duty, license or tax ought to have been paid until paid in the manner and under the regulations prescribed in this act, so far as applicable, and where not applicable the assessment and levy shall be made and the time and manner of collection regulated by the instructions and directions of the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury. SPECIAL PROVISIONS FOR SOME STATES. Sec. 38.. And be it farther enacted , That the officers who may be appointed under this act, except within those districts within any State or Territory which have been or may be otherwise specially provided for by law, shall be, and hereby are, authorized, in all cases where the payment of such tax has not been assumed by the State, to perform all the duties relating to or regarding the assessment and collection of the direct tax imposed by an act entitled “ An act to provide increased revenue from imports, to pay interest on the public debt, and for other purposes,” approved August fifth, one thousand eight hundred and sixty-one, or any direct tax which may be hereafter enacted : Provided, that the sum of nine- teen thousand three hundred and twelve dollars, direct tax, laid upon the Territory of Nebraska by said act, shall be paid and satisfied by deducting said amount from the appropriation for legislative expenses of the Territory of Nebraska for the year ending thirtieth of June, one thousand eight hundred aud sixty-three, and no further claim shall be made by said Territory for legislative expenses for said year: Provided further , that the State of Tennessee shall have until the first day of Decem- ber next to assume the payment of her portion of said tax. III.- SPIRITS, ALE, BEER AND PORTER. LICENSES TO DISTILL, ACCOUNTS, ETC. Sec. 39. And be it farther enacted , That it shall be the duty of the collectors within their respective districts, to grant * See “Tax Law Decisions,” ( Beadle's Dime Edition ), “Distillers,” for the rules and regulations adopted by the Commissioner of Internal Revenue for the government of distillers of spirits, ale, beer, porter, oils, cordials, bitters, &c., &c. 28 THE NATIONAL TAX LAW. licenses for distilling, which licenses shall contain the data thereof, the sum paid, and the time when the same will expire, and shall be granted to any person, being a resident of the United States, who shall desire the same, by application in writing to such collector, upon payment of the sum or duty payable by this act upon each license requested. And at the time of applying for said license, and before the same is issued, the person so applying shall give bond to the United States in such sum as shall be required by the collector, and with one or more sureties, to be approved by said collector, conditioned that in case any additional still or stills, or other implements to be used as aforesaid, shall be erected by him, his agent or superintendent, he will, before using or causing or permitting the same to be used, report in writing to the said collector the capacity thereof, and information from time to time of any change in the form, capacity, ownership, agency, or superin- tendence, which all or either of the said stills or other imple- ments may undergo ; and that he will, from day to day, enter or cause to be entered, in a book to be kept for that purpose, the number of gallons of spirits that may be distilled by said still or stills, or other" implements, and also of the quantities of grain or other vegetable productions, or other substances put into the mash-tub or otherwise used by him, his agent, or superintendent, for the purpose of producing spirits," which said book shall be open at all times during the day (Sundays excepted) to the inspection of the said collector, who may make any memorandums or transcripts therefrom; and that he will render to the said collector, on the first, tenth and twentieth days of each and every month, or within five days thereafter, during the continuance of said license, an exact account, in writing, taken from his books, of the number of gallons of spirits distilled and sold or removed for consump- tion or sale by him, his agent or superintendent, and the proof thereof, and also of the quantities of grain or other vege- table productions, or other substances, put into the mash-tub. or otherwise used by him, his agent, or superintendent, for the purpose of producing spirits, for the period or fractional part of a month then next preceding the date of said report, which said report shall be verified by affidavit in the manner prescribed by this act ; and that he will not sell or permit to be sold, or removed for consumption or sale, any spirits distilled by him under and by virtue of his said license, until the same shall have been inspected, gauged, and proved, and the quantity thereof duly entered upon liis books as aforesaid ; and that he will, at the time of rendering said account, pay to the said collector the duties which by this act are imposed on the spirits so distilled ; and the said bond may be renewed or changed, from time to time, in regard to the amount and sureties thereof, according to the discretion of the collector. INSPECTORS AND their duties. 29 APPLICATIONS FOR LICENSES. Sec. 40. And be it further enacted , That the application in tvriting made by any person for a license for distilling, as aforesaid, shall state the place of distilling, the number and capacity of the still or stills, boiler or boilers, and the name of the person, firm, company, or corporation using the same ; and any person making a false statement in either of the said particulars shall forfeit and pay the sum of one hundred dollars, to be recovered with costs of suit. TAX ON SPIRITS. Sec. 41. And be it further enacted , That, in addition to the duties payable for licenses herein provided, there shall be paid, on all spirits that may be distilled and sold, or removed for consumption or sale, of first proof, on and after the first day of August, one thousand eight hundred and sixty-two, the duty of twenty cents on each and every gallon, which shall be paid by the owner, agent or superintendent of the still or other vessel in which the said spirituous liquors shall have been distilled; which duty shall be paid at the time of rendering the accounts of spirituous liquors so chargeable with duty, required to be rendered by this act: Provided, that the duty on spirituous liquors and all other spirituous beverages enu- merated in this act shall be collected at no lower rate than the basis of first proof, and shall be increased in proportion for any greater strength than the strength of proof.' WHAT IS CONSIDERED “PROOF.” Sec. 42. And be it further enacted, That the term first proof used in this act, and in section six of the act of March second, one thousand eight hundred and sixty-one, entitled “An act to provide for the payment of outstanding treasury notes, to authorize a loan, to regulate and fix the duties on imports, and for other purposes,” shall be construed, and is hereby declared to mean, that proof of a liquor which corre- sponds to fifty degrees of Tralles’ centesimal hydrometer, adopted by regulation of the Treasury Department, of August twelfth, one thousand eight hundred and fifty, at the tempera- ture of sixty degrees of Fahrenheit’s thermometer; and that in reducing the temperatures to the standard of sixty, and in levying duties on liquors above and below proof, the table of commercial values, contained in the manual for inspectors of spirits, prepared by Professor McCullough, under the super- intendence of Professor Bache, and adopted by the Treasury Department, shall be used and taken as giving the proportions of absolute alcohol in the liquids gauged and proved according to which duties shall be levied. INSPECTORS AND THEIR DUTIES. Sec. 43. And be it further enacted , That there shall be designated by the collector in every assessment district where the same may be necessary one or more inspectors, who shall so THE NATIONAL TAX LAW. take an oath faithfully to perform their duties in such form as the Commissioner of Internal Revenue shall prescribe, and who shall be entitled to receive such fees as may be fixed and prescribed by said Commissioner. And all spirits distilled as aforesaid by any person licensed as aforesaid shall, before the same is used, or removed for consumption or sale, be inspected, guaged and proved by some person so as aforesaid designated foi the performance of such duties, and who shall mark upon the cask or other package containing such spirits, in a manner to be prescribed by said Commissioner, the quantity and proof of the contents of such cask or package, with the date of inspection and the name of the inspector. And any person who '’hall attempt fraudulently to evade the payment of duties upon any spirits distilled as aforesaid, by changing in any manner the mark upon any such cask or package, shall forfeit the sum of five hundred dollars for each cask or package so altered or changed, to be recovered as hereinbefore provided. [See Amendatory Act, “ General Amendments,” for modification of this sentence.] And the fees of such inspector shall in all cases be paid by the owner of the spirits so inspected, guaged and proved. And any such inspector who shall knowingly put upon any such cask or package any false or fraudulent mark shall be liable to the same penalty hereinbefore provided for each cask or package so fraudulently marked. And any person who shall use any cask or package so marked, for the purpose of selling spirits of a quality different from that so inspected, shall be subject to a like penalty for each cask or package so used. BONDED WAREHOUSES.* Sec. 44. And be it farther enacted. That the owner or owners of any distillery may erect, at his or their own expense, a warehouse of iron, stone or brick, with metal or other fire-proof roof, to be contiguous to such distillery [see Amend- atory Act, “ General Amendments”] ; and such warehouse, when approved by the collector, is hereby declared a bonded ware- house of the United States, and shall be used only for storing distilled spirits, and to be under the custody of the collector or his deputy. And the duty on the spirits stored in such ware- house shall be paid when and as it is sold or removed from such warehouse for sale. ACCOUNTS OF MANUFACTURE, SALE, ETC. Sec. 45. And be it f arther enacted. That every person who, on the first day of August, one thousand eight hundred and sixty two, shall be the owner of any still, boiler, or other vessel, used or intended to be used for the purpose of distilling spirituous liquors, as hereinbefore provided, or who shall have such still, boiler or other vessel under his superintendence, either as agent for the owner or on his own account, and * See Tax Law Decisions (Beadle's Dime Citizen's Edition), “ Coal Oil Distillers,” for regulations for bonded warehouses. HOW SPIRITS HAY BE SHIPPED, ETC. 81 every person who, after said day, shall use or intend to use any still, boiler or other vessel, as aforesaid, either as owner, agent or otherwise, shall from day to day make true and exact entry, or cause to be entered, in a book to be kept by him for that purpose, the number of gallons of spirituous liquors distilled by him, and also the number of gallons sold, or removed for consumption or sale, and the proof thereof, which book shall always be open in the day time, Sundays excepted, for the inspection of the said collector, who may take any minutes, memorandums or transcripts thereof, and shall render to said collector, on the first, tenth and twentieth days of each and every month in each year, or within five days thereafter, a general account in writing, taken from his books, of the number of gallons of spirituous liquors distilled and sold, or removed for consumption or sale, and the proof thereof, for the period or fractional part of a month preceding said day, or for such portion thereof as may have elapsed from the date of said entry and report to the said day which shall next ensue ; and shall also keep a book or books, in a form to be prescribed by the Commissioner of Internal Revenue, and to be open at all seasonable hours for inspection by the collector and assessor of the district, wherein shall be entered from day to day the quantities of grain or other vegetable productions or other substances put into the mash tub by him, his agent or superintendent, for the purpose of producing spirits ; and shall verily or cause to be verified the said entries, reports, books and general accounts, by oath or affirmation, to be taken before the collector or some other officer authorized by the laws of the State to administer the same according to the form required by this act, where the same is prescribed ; and shall also pay to the collector the duties which by this act ought to be paid on the spirituous liquors so distilled and sold, or removed for consumption or sale, and in said accounts mentioned, at the time of renderino - an account thereof HOW SPIRITS MAY BE SHIPPED, ETC. Sec. 46. And be it further enacted , That the collector of any district may grant a permit to the owner or owners of any distillery within his district to send or ship any spirits, the product of said distillery, after the quantity and proof thereof shall have been ascertained by inspection according to the provisions of this act, to any place without said lis^ trict and within the United States ; and in such case th bill ol_ lading, or receipt (which shall be in such form as the Com- missioner of Internal Revenue may direct) of the same shall be taken in the name of the collector of the district in which the distillery is situate, and the spirits aforesaid shall be con- signed, in such bill of lading or receipt, to the collector of the district in which the place is situate whither the spirits is 33 THE NATIONAL TAX LAW. sent or shipped ; and the amount of duties upon said spirit* shall be stated in the receipt, and upon the arrival of the spirits, and upon the demand of the collector aforesaid, the agent of the distillery (and the name of the agent, for the con- venience of the collector, shall always appear in the bill of lading or receipt) shall pay the duties upon the said spirits, with the expense of freight, and every other expense which has accrued thereupon ; and the said collector, upon the pay- ment of the duties aforesaid, shall deliver the bill of lading or receipt and the spirits to the agent of the said distillery ; and it' the duties are not paid as aforesaid, then the said spirits shall be restored at the risk and cost of the owner or agent thereof, who shall pay an addition of ten per centum there- upon ; and all the general provisions of this act, in reference to liens, penalties and forfeitures, as also in reference to the collection, shall apply tliere'to, and be enforced by the collector of the district in which the spirits may be : Provided , that no permit shall be granted, under this section, for a quantity less than fifty barrels: and provided further, that the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, may make such further regulations and require such mrther securities as he may deem proper in order to protect the revenue and to carry out the spirit and intent of this section. REGULATIONS FOR EXPORTING, ETC.* Sec. 47. And be it further enacted. That distilled spirits may be removed from the place of manufacture for the purpose of being exported, or for the purpose of being redistilled for export, and refined coal oil may be removed for the purpose of being exported, after the quantity of spirits or oil so - removed shall have been ascertained by inspection, according to the provisions of this act, upon and with the written per- mission of the collector or deputy collector of the district without pa} r ment of the duties thereon previous to such removal, the owner thereof having first given bond to the United States, with sufficient sureties, in the manner and form and under regulations prescribed by the Commissioner of Internal Revenue, and in at least double the amount of said duties, to export the said spirits or oil or pay the dime’ thereon within such time as may be prescribed by the Com- missioner, which time shall be stated in said bond : 1 rovidt d, that any person desiring to give such bonds shall first make oath, before the collector or deputy collector to whom he may apply for a permit to remove any such spirits or oil, in manner and form to be prescribed by said Commissioner that he intends to export such liquors or oil, and that he desires to obtain said permit for no other purpose whatever; and any * See “Tax Law Decision?, ’ (Beadle’s Dime Edition), “ Distillers, for the special regulations of the ltevenue Office. ATTESTATION OF ACCOUNTS, ETC. S3 collect or or deputy collector is hereby authorized to administer such oath: and. provided further, that no such removal shall be permitted where the amount of duties does not exceed the sum of three hundred dollars, nor in any case where the person desiring such permission has failed to perform the obligation of any bond previously given to the United States for the removal of any such articles, until the same shall have been fully kept and performed. And the ' collector of the district in which any such bond may be given is authorized to cancel said bond on payment of said duties, with interest thereon, at a rate to be fixed by said Commissioner, and all proper charges, if said liquors or oil shall not have been exported, or upon satisfactory proof that the same have been duly exported as aforesaid. And in case of the breach of the obligation of any such bond, the same shall be forthwith forwarded by the collector of the district to the Commissioner of Internal Kevenue, to be by him placed in the hands of the First Comptroller of the Treasury, who shall cause the same proceedings to be taken thereon, for the purpose of collecting the duties, interest and charges ' aforesaid, as are provided in this act in case of a delinquent collector. » ATTESTATION OF ACCOUNTS OF SAXE, ETC. Sec. 48. And he it further enacted, That the entries made in the books of the distiller, required to be kept in the fore- going section, shall, on the first, tenth and twentieth days of each and eveiy month,* or within five days thereafter, be verified by oath or affirmation, to be taken as aforesaid, of the person or persons by whom such entries shall have been made, which oath or affirmation shall be certified at the end of such entries by the collector or officer administering the same, and shall be, in substance, as follows : “■ I do swear ( or affirm ) that the foregoing entries were made by me on the respective days specified, and that they state, according to the best oi* my knowledge and belief, the whole quantity of spirituous liquors distilled and sold, or removed for consump- tion or sale, at the distillery owned by , in the county of , amounting to gallons, according to proof prescribed by the laws of the United States.” Sec. 49. And he it further enacted, That the owner, agent or superintendent aforesaid, shall, in case the original entries required to be made in his books by this act shall not have been made by himself, subjoin to the oath or affirmation of the person by whom they were made the following oath or affirmation, to be taken as aforesaid: “Ido sw.ear (or affirm) that, to the best of my knowledge and belief, the foregoing entries are just and true, and that I have taken all the means in my power to make them so.” * By the Amended Act, Section 13, accounts are to be rendered by the distiller or manufacturer not oftener than once a month. 34 THE NATIONAL TAX LAW. TAX ON BEER, ALE, PORTER, ETC. Sec. 50. And be it further enacted , That on and after the first day of August, one thousand eight hundred and sixty- two, there shall be paid on all beer, lager beer, ale, porter and other similar fermented liquors, by whatever name such liquors may be called, a duty of one dollar for each and every barrel containing not more than thirty-one gallons, and at a like rate for any other quantity or for fractional parts of a barrel, which shall be brewed or manufactured and sold or removed for consumption or sale within the United States or the Territories thereof, or within the District of Columbia, after that day ; which duty shall be paid by the owner, agent or superintendent of the brewery or premises in which such fermented liquors shall be made, and shall be paid at the time of rendering the accounts of such fermented liquors so charge- able with duty, as required to be rendered by the following section of this act: Provided, that fractional parts of a barrel shall be halves, quarters, eighths and sixteenths, and any addi- tional part containing less than one-sixteenth shall be accounted one-sixteenth; more than one-sixteenth, and not more than one-eighth, . shall k£ accounted one-eighth; more than one- eighth, and not more than one-quarter, shall be accounted one-quarter; more than one quarter, and not more than one- half, shall be accounted one-half; more than one half shall be accounted one barrel. [This entire section is modified by its substitute. See Amended Law, Section 12.] REGULATIONS OP MANUFACTURE, SALE, ETC. Sec. 51. And be it further enacted , That every person who, on said first day of August, one thousand eight hundred and sixty-two, shall be the owner or occupant of any brewery, or premises used or intended to be used for the purpose of brewing or making such fermented liquors, or who shall have such premises under his control or superintendence, as agent for the owner or occupant, or shall have in his possession or custody any vessel or vessels intended to be used on said prem- ises in the manufacture of beer, lager beer, ale, porter or other similar fermented liquors, either as owner, agent or otherwise, shall, from day to day, enter or cause to be entered in a book to be kept by him for that purpose, and which shall be open at all times, except Sundays, between the rising and setting of the sun, for the inspection of said collector, who may take any minutes or memorandums or transcripts thereof, the quantities of grain, or other vegetable productions or other substances, put into the mash-tub, or otherwise used for the purpose of producing beer, or for any other purpose, and the quantity or number of barrels and fractional parts of barrels of fermented liquors made and sold, or removed for consump- tion or sale, keeping separate account of the several kinds and descriptions ; and shall render to said collector, on the first ATTESTATION OF ENTRIES, ETC. 35 day of each month in each year, or within ten days thereafter, a general account, in writing, taken from liis hooks, of the quantities of grain, or other vegetable productions or other substances, put into the mash-tub, or otherwise used, for the purpose of producing beer, or for any other purpose, and the quantity or number of barrels and fractional parts of barrels of each kind of fermented liquors made and sold, or removed for consumption or sale, for oue month preceding said day, and shall verify, or cause to be verified, the said entries, reports, books and general accounts, on oath or affirmation, to be taken before the collector or some officer authorized by the laws of the State to administer the same according to the form required by this act, where the same is prescribed ; and shall also pay to the said collector the duties which, by this act, ought to 'be paid on the liquor made and sold, or removed for consumption or sale, and in the said accounts mentioned, at the time of rendering the account thereof, as aforesaid. But where the manufacturer of any beer, lager beer or ale, manu- factures the same in one collection district, and owns or hires' a depot or warehouse for the storage and sale of such beer, lager beer, or ale in another collection district, he may, instead of paying' to the collector of the district where the same was manufactured the duties chargeable thereon, present to such collector or his deputy an invoice of the quantity or number of barrels about to be removed for the purpose of storage and sale, specifying in such invoice, with reasonable certainty, the depot or warehouse in which lie intends to place such beer, lager beer or ale; and thereupon such collector or deputy shall indorse on such invoice, his permission for such removal, and shall at the same time transmit to the collector of the district in which such depot or warehouse is situated, a duplicate of such invoice ; and thereafter the manufacturer of the beer, lager beer or ale so removed shall render the same account, and pay the same duties, and be subject to the same liabilities and penalties as if the beer, lager beer or ale so removed, had been manufactured in the district. The Com- missioner of Internal Revenue may prescribe such rules as he may deem necessary for the purpose of carrying^he provisions of this section into effect. -4'Vww -A*, ;• . . .. . . ^c. f ATTESTATION OF ENTRIES, ETC. Sec. 53. And be it further enacted , That the- entries made in the books required to be kept by the foregoing section, shall, on said first day of each and every month [see “ Amend- ed Act,” section 13], or within ten days thereafter, be verified by the oath or affirmation, to be taken as aforesaid, of the per-, son or persons by whom such entries shall have been made, which oath or affirmation shall be certified at the end of such entries by the collector or officer administering the same, and shall be, in substance, as follows : 8(5 TIIE NATIONAL TAX LAW. “I clo swear (or affirm) that the foregoing entries were made by me on the respective days specified, and that they state, according to the best of my knowledge and belief, the whole quantity of fermented liquors either brewed or brewed and sold at the brewery owned by — , in the county of , amounting to barrels.” Sec. 53. And be it further enacted, That the owner, agent 01 superintendent aforesaid, shall, in case the original entries required to be made in his books shall not have been made by himself, subjoin to the oath or affirmation the following oath or affirmation, to be taken as aforesaid : “ I do swear (or affirm) that, to the best of my knowledge and belief, the foregoing entries are just and true, and that I have taken all the means in my power to make them so.” IN CASE OF FALSE RETURNS, ETC. Sec. 54. And be it further enacted, That the owner, agent or superintendent of any vessel or vessels used in making fer- mented liquors, or of any still, boiler or other vessel used in the distillation of spirits on which duty is payable, who shall neglect or refuse to make true and exact entry and report of the same, or to do, or cause to be done any of the things by this act required to be done as aforesaid, shall forfeit for every such neglect or refusal all the liquors and spirits made by or for him, and all the vessels used in making the same, and the stills, boilers, and other vessels used in distillation, together with the sum of five hundred dollars, to be recovered with costs of suit ; which said liquors or spirits, with the vessels containing the same, with all the vessels used in making the same, may be seized by any collector of internal duties, and held by him until a decision shall be had thereon according to law : Prodded, that such seizure be made within thirty days after the cause for the same may have occurred, and that proceedings to en- force said forfeiture shall have been commenced by such col- lector within twenty days after the seizure thereof. And the pro- ceedings to enforce said forfeiture of said property shall be in the nature of a proceeding in rem, in the Circuit or District Court of the United States for the district where such seizure is made, or in any other court of competent jurisdiction. PENALTIES FOR NON-PAYMENT OF DUTIES, ETC. Sec. 55. And be it further enacted , That in all cases in which the duties aforesaid, payable on spirituous liquors distilled and sold, or removed for consumption or sale, or beer, lager beer, ale, porter, and other similar fermented liquors, shall not be paid at the time of rendering the account of the same, as herein required [see Amended Act, “ General Amendments,” for added pro- vision to this sentence], the person or persons chargeable therewith shall pay, in addition, ten per centum on the amount thereof; and, until such duties with such addition shall be paid, they shall be and remain a lien upon the distillery PENALTIES FOR NON-PAYMENT OF DUTIES. 37 ■where such liquors have been distilled, or the brewery where such liquors have been brewed, and upon the stills, boilers, vats, and all other implements thereto belonging, until the same shall have been paid; and in case of refusal or neglect to pay said duties, with the addition, within ten days after the same shall have become payable, the amount thereof may be recovered by distraint and sale of the goods, chattels and effects of the delinquent; and, in case of such distraint, it Ehall be the duty of the officer charged with the collection to make, or cause to be made, an account of the goods, chattels or effects which may be distrained, a copy of which, signed by the officer making such distraint, shall be left with the owner or possessor of such goods, chattels or effects, at his, her, or their dwelling, with a note of the sum demanded, and the time and place of sale; and said officer shall forthwith cause a notification to be published in some newspaper, if any there be, within the county, and publicly posted up at the post-office nearest to the residence of the person whose property shall be distrained, or at the court-house of the same county, if not more than ten miles distant, which notice shall specify the articles distrained, and the time and place pro- posed for the sale thereof, which time shall not be less than ten days from the date of such notification, and the place pro- posed for sale not more than five miles distant from the place of making such distraint: Provided , that in every case of dis- traint for the payment of the duties aforesaid, the goods, chat- tels, or effects so distrained may and shall be restored to the owner or possessor, if, prior to the sale thereof, payment or tender thereof* shall be made to the proper officer charged with the collection, of the full amount demanded, together with such fee for levying and advertising, and such sum for the necessary and reasonable expenses of removing and keep- ing the goods, chattels, and effects so ~ distrained as may be allowed m like cases by the laws or practice of the State or Territory wherein the distraint shall have been made ; but in case of non-payment or neglect to tender as aforesaid, the said officer shall proceed to sell the said goods, chattels and effects at public auction, after due notice of the time and place of sale, and may and shall retain from the proceeds of such sale the amount demandable for the use of the United States, with the said necessary and reasonable expenses of said dis- traint and sale as aforesaid, and a commission of five per centum thereon for his own use, rendering the overplus, if any there be, to the person whose goods, chattels and effects shall have been distrained. GENERAL (MONTHLY) STATEMENTS OF PRODUCTS, SALE, ETC. Sec. 56. And be it- farther enacted , That every person licensed as aforesaid to chstill spirituous liquors, or licensed as a brewer, shall, once in each month, upon the request of the 88 THE NATIONAL TAX LAW. assessor or assistant assessor for the district in which his busi- ness as a distiller or brewer may he carried on, respectively furnish the said assessor or assistant assessor with an abstract of the entries upon his hooks, herein provided to he made, showing the amount of spirituous liquor distilled and sold, or removed for consumption or sale, or of beer, lager beer, ale, porter, or other fermented liquor made and sold, or removed for consumption or sale, during the preceding month, respect- ively; the truth and correctness of which abstract shall be verified by the oath of the party so furnishing the same. And the said assessor or assistant assessor shall have the right tc examine "the books of such person for the purposeof ascer- taining the correctness of such abstract. And for any neglect to furnish such abstract when requested, or refusal to furnish an examination of the books as aforesaid, the person so neglect- ing shall forfeit the sum of five hundred dollars. IY.— LICENSES. EVERY MANUFACTURER MUST OBTAIN A LICENSE. Sec. 57. And be it further enacted , That from and after the first day of August, one thousand eight hundred and sixty two, no person, association of persons, or corporation, shall be engaged in, prosecute, or carry on, either of the trades or occupations mentioned in section sixty-four of this act, until he or they shall have obtained a license therefor in the manner hereinafter provided. REGULATIONS FOR OBTAINING LICENSES. Sec. 58. And be it further enacted , That every person, asso- ciation of persons, partnership or corporation, desiring to obtain a license to engage in any of the trades or occupations named in the sixty-fourth section of this act, shall register with the assistant assessor of the assessment district in which he shall design to carry on such trade or occupation — first, his or their name or style ; and in case of an association or partnership, the names of the several persons constituting such association or partnership, and their places of residence; second, the trade or occupation for which a license is desired; third, the place wiiere such trade or occupation is to be carried on; fourth, if a rectifier, the number of barrels he designs to rectify; if a peddler, whether he designs to travel on foot, or with one, two or more horses ; if an innkeeper, the yearly rental of the house and property to be occupied for said purpose; or if not rehted, the assistant assessor shall value the same. All of which .'facts shall be returned duly certified by such assist- ant assessor, both to the assessor and collector of the district ; and thereupon, upon payment to the collector or deputy col- lector of the district the amount as hereinafter provided, such collector or deputy collector shall make out and deliver a license for such trade or occupation, which license shall con- AUCTIONEERS, REGULATIONS FOR. 89 tinue in force for one year, at the place or premises described therein. [See Amended Act, Section 26, authorizing parties to remove a business under license.] PENALTY. FOR NEGLECT TO OBTAIN A LICENSE. Sec. 59. And be it further enacted , That if any person or persons shall exercise or carry on any trade or business here- inafter mentioned for the exercising or carrying on of which trade or business a license is required by this act, without tak- ing out such license as is in that behalf required, he, she, or they shall, for eveiy such offense, respectively, forfeit a penalty equal to three times the amount of the duty or sum of money imposed for such license, one moiety thereof to the use of the United States, the other moiety to the use of the person who, if a collector, shall first discover, and if other than a collector, shall first give information of the fact whereby said forfeiture was incurred. SPECIFIC REQUIREMENTS OF THE LICENSE. Sec. 60. And be it further enacted , That in every license to be taken out under or by authority of this aet shall be con- tained and set forth the purpose, trade, or business for which such license is granted, and the true name and place of abode of the person or persons taking out the same; if for a rectifier, the quantity of spirits authorized to be rectified ; if by a peddler, whether authorized to travel on foot, or with one, or two, or more horses, the time for which such licenses is to run, and the true date or time of granting such license, and (except in the case of autioneers and peddlers) the place at which the trade or business for which such license is granted shall be carried on : Provided , that a license granted under this act shall not authorize the person or persons, association or corporation mentioned therein to exercise or cany on the trade or business specified in such license in any other place than that mentioned therein, but nothing herein contained shall prohibit the storage of goods, wares, or merchandise in other places than the place of business. LICENSE REQUIRED FOR EACH TRADE, ETC. Se-c. 61. And be it further enacted , That in every case where more than one of the pursuits, employments, or occupations hereinafter described, shall be pursued or carried on in the same place by the same person at the same time, except as therein mentioned, license must be taken out for each accord- ing to the rates severally prescribed. * AUCTIONEERS, REGULATIONS FOE. Sec. 62. And be it further enacted , That no auctioneer shall be authorized by virtue of his license as such auctioneer to sell any goods or other property at private sale ; and if any such person shall sell any such goods or commodities, as afore- said, otherwise than by auction, without having taken out 40 THE NATIONAL TAX LAW. sucli license as aforesaid, for that purpose, he or she shall be subject and liable to the penalty in that behalf imposed upon persons dealing in or retailing, trading or selling, any such goods or commodities without license, notwithstanding any license to him or her before granted, as aforesaid for the pur- pose of exercising or carrying on the trade or business of an auctioneer, or selling any goods or chattels, lands, tenements, or hereditaments by auction, any thing herein contained to the contrary notwithstanding: Provided always , that where such goods or commodities as aforesaid are the property of any person or persons, duly licensed to deal in or retail, or trade in, or sell the same, such person or persons haying made law- ful entry of his, her or their house or premises for such pur- pose, it shall and may be lawful for any person exercising or carrying on the trade or business of an auctioneer, or selling any goods or chattels, lands, tenements or hereditaments by auc- tion as aforesaid, being duly licensed for that purpose, to sell such goods or commodities as aforesaid, at auction, for and on behalf of such person or persons, and upon his, her or their entered house or premises, without taking out a separate license for such sale. The provisions of this section shall not apply to judicial or executive officers making auction sales by virtue of any judgment or decree of any court, nor public sales made by executors and administrators. PERPETUATION OF LICENSE TO A SUCCESSOR. Sec. 63. And he it further enacted , That upon the death of any person or persons licensed under or by virtue of this act, or upon the removal of any such person or persons from the house or premises at which he, she or they were authorized by such license to exercise or carry on the trade or business mentioned in such license, it shall and may be lawful for the person or persons authorized to grant licenses to authorize and empower by endorsement on such license, or otherwise, as the Commissioner of Internal Revenue shall direct, the exec- utors or administrators, or the wife or child of such deceased person, or the assignee or assigns of such person or persons so removing as aforesaid, who shall be possessed of and oc- cupy the house or premises before used for such purpose as aforesaid, in like manner to exercise or carry on the same trade or business mentioned in such license, in or upon the same house or premises at which such person or persons as aforesaid deceased, or removing as before mentioned, by vir- tue of such license to him, her or them, in that behalf granted, before exercised or carried on such trade or business, for or during the residue of the term for which such license was orig- inally granted, without taking out any fresh license or pay- ment of any addifional duty, or any fee thereupon for the residue of such term, and until the expiration thereof: Pro- vided. always, that a fresh entry of the premises at which such LICENSE TAX 41 trade or business shall continue to be so exercised or carried on as aforesaid, shall thereupon be made by and in the name or names of the person or persons to whom such authority as aforesaid shall be granted. LICENSE TAX OX VARIOUS PURSUITS. Sec. 64. And be it further enacted , That on and after the first day of August, 1862, for each license granted, the sum herewith stated shall be respectively and annually paid. Any number of persons carrying on such business iu copartnership may transact such business at such place under such license, and not otherwise. 1. Bankers shall pay $100 for each license. Every person shall be deemed a banker within the meaning of this act who keeps a place of business where credits are opened in favor of any person, firm or corporation, by the deposit or collec- tion of money or currency, and the same or any part thereof shall be paid out or remitted upon .the draft, check or order of such creditor, but not to include incorporated banks, or other banks legally authorized to issue notes as circulation, nor agents for the sale of merchandise for account of pro- ducers or manufacturers. 2. Auctioneers shall pay $20 for each license. Every per- son shall be deemed an auctioneer within the meaning of this act whose occupation it is to offer property for sale to the highest of best bidder. [See Amended Law, Section 25.] 8. Wholesale dealers in liquors of any and every descrip- tion, including distilled spirits, fermented liquors, and wines of all kinds, shall pay $100 for each license. Every person other than the distiller or brewer, who shall sell or offer for sale any such liquors or wines in quantities of more than three gallons at one time, to the same purchaser, shall be re- garded as a wholesale dealer in liquors within the meaning of this ‘act. [See Amendatory Act, “ Licenses,” paragraph 42.] 4. Retail dealers in liquors, including distilled spirits, fer- mented liquors, and wines of every description, shall pay $20 for each license. Every person who shall sell or' offer for sale such liquors in less quantities than three gallons at one time, to the same purchaser, shall be regarded as a retail dealer in liquors under this act. But this shall not authorize any spirits, liquors, wines or malt liquors to be drank on the premises. [See Amendatory Act, “ Licenses,” paragraph 43.] 5. Retail dealers shall pay $10 for each license. Every per- son whose business or occupation is to sell or offer to sell gro- ceries, or any goods, wares, or merchandise, of foreign or do- mestic production, in less quantities than a whole original piece or package at one time to the same person, (not including wines, spirituous or malt liquors, but not excluding drugs, medicines, cigars, snuff, or tobacco), shall be regarded as a retail dealer under this act. [See Amend-atory Act, “ Licenses,” paragraph 40.] 42 THE NATIONAL TAX LAW. G. Wholesale dealers shall pay $50 for each license. Every person whose business or occupation is to sell, or offer to sell, groceries, or any goods, wares or merchandise of foreign or domestic production, by one or more original package or piece at oue time, to the same purchaser, not including wines, spirituous or malt .liquors, shall be deemed a wholesale dealer under this act ; but having taken out a license as a wholesale dealer, such person may also sell, as aforesakl, as a retailer. [See Amended Act, paragraph 41, in “ Licenses,” for full speci- fications of rates upon which the dealer is to be taxed.] 7. Pawnbrokers shall pay $30 for each license. Every person whose business or occupation is to take or receive, by way of pledge, pawn or exchange, any goods, wares or mer- chandise, or any kind of personal property whatever, for the repayment or security of money lent thereon, shall be deemed a pawnbroker under this act. 8. Rectifiers shall pay $25 for each license to rectify any quantity of spirituous liquors, not exceeding 500 barrels or casks, containing not more than 40 gallons to each barrel or cask of liquor so rectified; and $25 additional for each additional 500 such harrels, or any fractional part thereof. Every person who rectifies, purifies or refines spirituous liq- uors or wines by any process, or mixes distilled spirits, whisky, brandy, gin or wine with any other materials for sale un- der the name of whisky, rum, brandy, gin, wine, or any other name or names, shall be regarded as a rectifier under this act. 9. Distillers shall pay $50 for each license, and every person or copartnership who distills or manufactures spirituous liquors for sale, shall be deemed a distiller under this act: Provided, that any person or copartnership distilling or manufacturing less than 300 barrels per year, shall pay $23 for a license : and provided further, that no license shall be required for any still, stills or other apparatus used by druggists and chemists for the recovery of alcohol for pharmaceutical and chemical purposes, which has been used iu those processes : and provided further, that distillers of apples and peaches, distilling or man- ufacturing less than 150 barrels per year from the same, shall pay $12.50 for the license for that purpose, and for a greater quantity, as other distillers. 10. Brewers shall pay $50 for each liceuse. Every person who manufactures fermented liquors of any name or descrip- tion, for sale, from malt wholly or in part, shall be deemed a brewer under this act: Provided, that an} - person who manu- factures less than 500 barrels per year shall pay the sum of $25 for a license. 11. Hotels, inns and taverns shall be classified and rated according to the yearly rental, or, if not rented, according to the estimated yearly rental of the house and property intended to be occupied for said purposes, as follows, to wit : All cases EATIKS-IIOUSES, BROKERS. 48 where the rent Or the valuation of the yearly rental of said house and property shall be $10,000 or more, shall constitute the first class, and shall pay $200 for each license ; where the rent or the valuation of the yearly rental shall be $5,000 and less than $10,000, the second class, "and shall pay $100 for each license; where the rent or the valuation of the yearly rental shall be $2,500, and less than $5,000, the third class, and shall pay $75 for each license ; where the rent or the valu- ation of the yearly rental shall be $1,000, and less than $2,500, the fourth class, and shall pay $50 for each license; where the rent or the valuation of the yearly rental shall be $500, and less than $1,000, the fifth class, and shall pay $25 for each license ; where the rent or the valuation of the yearly rental shall be $300, and less than $500, the sixth class, and shall pay $15 for each license ; where the rent or the valuation of the yearly rental shall be $100, and less than $300, the seventh class, and shall pay $10 for each license ; where the rent or the valuation of the yearly rental shall be less than $100, the eighth class, and shall pay $5 for each license. Every place where food and lodging are provided for and furnished to travelers and sojourners, in view of payment therefor, shall be regarded as a hotel, inn or tavern under this act. All steamers and vessels upon waters of the United States, op board of which passengers or travelers are provided with food or lodging, shall be required to take out a license of the fifth class, as aforesaid, under this act. The rental or esti- mated rental shall be fixed and established by the assessor of the proper district at its proper value, but at not less than the actual rent agreed on by the parties: Provided , that if there be any fraud or collusion in the return of actual rent to the assess- or, there shall be a penalty equal to double the amount of licenses required by this section, to be collected as other penal- ties under this act are collected. 12. Eating-houses shall pay $10 for each license. Every place where food or refreshments of any kind are provided for casual visitors and sold for consumption there.in, shall be regarded as an eating-house under this act. But the keeper of any eating-house having taken out a license therefor, shall not be required to take out a license as a confectioner, any thing in this act to the contrary notwithstanding. 13. Brokers shall pay $50 for each license. Any person whose business is to purchase or sell stocks, coined money, bank notes or other securities for themselves or others, or who deals in exchanges relating to money, shall be regarded a broker under this act. 14. Commercial brokers shall pay $50 for each license. Any person or firm, except one holding a license as wholesale dealer or banker, whose business it is, as the agent of others, to purchase or sell goods or seek orders therefor, in original 44 THE NATIONAL TAX LAW. or unbroken packages, or produce, or to manage business mat* ters for the owners of vessels, or for the shippers or consignors of freight carried by vessels, or whose business it is to purchase, rent or sell real estate for others, shall be regarded a commer- cial broker under this act. 15 Land warrant brokers shall pay $25 for each license. Any person shall be regarded as a land warrant broker within the meaning of this act, who makes a business of buying and selling land warrants, and of furnishing them to settlers or other persons under contracts to have liens upon the land pro-, cured by means of them, according to the value agreed on for the warrants at the time they are furnished. 10. Tobacconists shall pay $10 for each license. Any person whose business it is to sell, at retail, cigars, snuff or tobacco in any form, shall be regarded a tobacconist under this act. But wholesale and retail dealers, and keepers of hotels, inns, taverns [or eating-homes, see Amended Act, “Licenses”], having taken out a license therefor, shall not be required to take out a license as tobacconists, any thing in this act to the contrary notwith- standing. 17. Theaters shall pay $100 for each license. Every edifice erected for the purpose of dramatic or operatic representations, pl^ys or performances, and not including halls rented or used occasionally for concerts or theatrical representations, shall be regarded as a theater under this act. 18. Circuses shall pay $50 for each license. Every build- ing, tent, space or area where feats of horsemanship or acro- batic sports are exhibited, shall be regarded as a circus under this act. 19. Jugglers shall pay for each license $20. Every person who performs by sleight of hand, shall be regarded as a juggler under this act. The proprietors or agents of all other public exhibitions or shows for money, not enumerated in this section, shall pay for each license $10. Provided, that no license pro- cured in one State shall be held to authorize exhibitions in another State, and but one license shall be required under this act to authorize exhibitions within any one State. 20. Bowling-alleys and billiard-rooms shall pay according to the number of alleys or tables belonging to or used iu the build- ing or place to be licensed. When not exceeding one alley or table, $5 for each license; and when exceeding one alley or table, $5 for each additional alley or table. Every place or building where bowls are thrown or billiards played, and open to the public with or without price, shall be regarded as a bowling-alley or billiard-room respectively, unde'r this act. 21. Confectioners shall pay $10 for each license. Every person who sells at retail coufectionery, sweetmeats, comfits or other confects, in any- building, shall be regarded as a con- fectioner under this act. But wholesale and retail dealers LIVERY-STABLES, CATTLE-BROKERS SOAP-MAKERS, ETC 45 having taken out a license therefor shall not be required to take out a license as a confectioner, any thing in this act to the contrary notwithstanding. 22. Horse-dealers shall pay for each license the sum of §10. Any person whose business it is to buy and sell horses' or mules shall be regarded a horse-dealer under this act: Pro- vided , that if such horse-dealer shall have taken out a license as a liverj'-stable keeper no new license shall be required. 23. Livery stable keepers shall pay §10 for each license. Any person whose occupation or business is to keep horses for hire or to let shall be regarded as a livery-stable keeper under this act. 24 Cattle-brokers shall pay for each license the sum of §10. Any person whose business it is to buy and sell and deal in cattle, hogs or sheep, shall be considered as a cattle- broker. 25. Tallow-chandlers and soap-makers shall pay for each license the sum of §10. An y person whose business it is to make or manufacture candles or soap shall be regarded a tal- low-chandler and soap-maker under this act. 26. Coal-oil distillers shall pay for each license the sum of §50. Any person who shall refine, produce, or distill crude petroleum or rock-oil, or crude coal-oil, or crude oil made of asplialtum, shale, peat, or other lptuminous substances, shall be regarded a coal-oil distiller under this act. 27. Peddlers shall be classified and rated as follows, to wit : "When traveling with more than two horses, the first class, and shall pay §20 for each license ; when traveling with* two horses, the second class, and shall pay §15 for each license; when traveling with one horse, the third class, and shall pay §10 for each license; when traveling on foot, the fourth class, and shall pay §5 for each license. Any person, except per- sons peddling-newspapers, bibles, or religious tracts, who sells or offers to sell, at retail, goods, wares, or other commodities, traveling from place to place, in the street, or through differ- ent parts of the country, shall be regarded a peddler under this act : Provided , that any peddler who sells, or offers to sell, dry goods, foreign and domestic, by one or more original packages or pieces, at one time, to the same person or persons, as aforesaid, shall pay §50 for each license. And any person who peddles jewelry shall pay §25 for each license : Provided, that manufacturers and producers of agricultural tools and implements, garden seeds, stoves, and hollow-ware, brooms, •wooden-ware, and powder, delivering and selling at whole- sale any of said articles, by themselves or their authorized agents at places other than the place of manufacture, shall not be required, for any sale thus made, to take out any additional license therefor. 28. Apothecaries shall pay §10 fbr each license. Every 40 THE NATIONAL TAX LAW. person who keeps a shop or building where medicines are compounded or prepared according to prescriptions of physi- cians, and sold, shall be regarded an apothecary under this act. But wholesale aud retail dealers who have taken out a license therefor, shall not be required to take out a license as apothecary, any thing in this act to the contrary notwithstand- ing. [See Sec. 65 for qualification. See also Amendatory Act, “ Licenses,” for a further provision for exemption.] 29. Manufacturers shall pay $10 for each license. Any person or persons, firms, companies or corporations, who- shall manufacture by hand or machinery, and offer for sale any goods, wares or merchandise [see Amendatory Act, “ Licenses,” for additional provision] exceeding annually the sum ot $1,000, shall be regarded a manufacturer under this act. 30. Photographers shall pay $10 for each license when the receipts do not exceed $500 ; when over $500 and under $1 ,000, $15; when over $1,000, $25. Any person or persons who make for sale photographs, ambrotypes, daguerreotypes, or pictures on glass, metal, or paper, by the action of light, shall be regarded a photographer under this act. 31. Lawyers shall pay $10 for each license. Every person whose business it is, for fee or reward, to prosecute or defend causes in any court of record or other judicial tribunal of the United States, or of any of the States, or give advice in rela- tion to causes or matters pending therein, shall be deemed to be a lawyer within the meaning of this act. [See Amendatory Act, “ Licenses,” for important modification.] 32. *Physicians, surgeons and dentists shall pay $10 for each license. Every person (except apothecaries) whose business it is, for fee and reward, to prescribe remedies or perform sur- gical operations, for the cure of any bodily disease or ailing, shall be deemed a physician, surgeon or dentist, as the case may be, within the meaning of this act. 33. Claim agents and agents for procuring patents shall pay $10 for each license. Every person whose business it is to prosecute claims in any of the Executive Departments of the Federal Government, or procure patents, shall be deemed a claim or patent agent, as the case may be, under this act. For further specifications, 34 to 43, see Amendatory Act, “ Licenses.” EXEMPTION FROM LICENSE OR DUTY. Sec. 65. And be it further enacted , That where the annual gross receipts or sales of any apothecaries, confectionery eat- ing-houses, tobacconists or retail dealers, shall n