336.768 Ta9€7f Ot' THE t f T.i oi|li ; F. F. TAYT.()K & FEANCIS, STATIONERS AND PRINTERS, 30 BROAD STREET. 1 8 6 8 . To the Members of the Senate and House of Representatives : I hand you a pamphlet entitled "Finances and Re¬ sources of Tennessee. " The table setting forth the indebtedness of the State was made out in May last. The pamphlet was pre¬ pared for publication immediately after my negotiating a loan of $600,000, with the Fourth National Bank, for the payment of our July interest. The condition of that loan was that there should be $400,000 in that Bank, by the 27th June, last. Believing that more than that amount would be received from railroads, and having no doubt of its being remitted, and having no apprehension of our loan being interfered with by suit, I prepared the accompanying pamphlet showing that there would be a surplus in the Fourth National Bank of at least $150,000, after paying our July interest. This condition of your Financial affairs would have been most satisfactory. Tour wise and judicious legislation had already inspired moneyed men every where with great confidence in our State, and our bonds were much sought after as a permanent invest¬ ment throughout the whole country. Had I been able to put this pamphlet, as I intended, into the hands of every bondholder at the moment of his interest be¬ ing paid, you can readily see that this exhibit of our sound finan cial condition would have created a greatly increased demand for our bonds and the price of them would have been a good deal upwards of 80 cents, thereby enabling you to renew your matur¬ ing bonds, and adding hundreds and thousands of dollars, to the means of those railroads, which are to be built or completed with the proceeds of your bonds. Yours very respectfully, S. WATSON. J/INANCES AND EESCf|JR;e® OF THE STATE OF TENNESSEE. %m |oi;fei F. F. TAÏLOK & FEAKCIS, STATIONERS AND PEINTEES, 30 BROAD STREET. 18 6 8 3 ^ '71ii¡j,n f FINANCES AND EESOUßCES OF TENNESSEE. At the request of many parties interested in the Securities of Ten¬ nessee, I give to the public the following statement of the finances and resources of the State. The State debt of Tennessee is now $32,616,321; $27,898,902 of this debt is owing by her railroads, leaving only $4,717,419.66 as the State debt proper. The State has also endorsed bonds of railroads amounting to $1,857,000; these bonds have been issued by the East Tenn. and Virginia, East Tenn. and Ga., and Nashville and Chattanooga roads. The interest on them has always been provided for by these roads, and there is no fear but that they will continue to do so in the future. The State has a'so endorsed bonds to the amount of $350,000 issued by the City of Memphis, for them stock in the Memphis and Little Rock Railroad. The City of Memphis wül pay its July interest on their bonds, and wiU continue to pay in the future, so that there is no apprehension that the State will ever be called on to pay the inter¬ est or principal of the endorsed bonds. Under the act of the Legislature passed in 1867, commonly called the Omnibus Bill, most of the bonds have been issued, but there are roads that have a right, under that bill, to call for the issuance of six hundred and fifty thousand dollars more of bonds. Three hundred thousand of this amount, however are for a road not yet commenced, and which probably will not be built. Under the General Internal Improvement law of the State, there are roads projected which may caU upon the State for bonds at the rate of $10,000 a mile; but they cannot call for these bonds until individual capital builds and prepares the roads ready for the iron. It is hardly probable that the State will be called upon, under this act, for many bonds for a long period of time, and certainly not until she has fully recuperated from the disasters of the war, and until her great resources F. llave been largely developed by the energy and enterprise of ber own citizens, and by the hundreds of thousands of emigrants that will have been attracted to her borders. But it is beyond all doubt that the debt of the State will be decreased much more rapidly by the sale of railroads, than it can be increased by any issuance of bonds under the existing laws. It must be known to every bond-holder that the State has a fii'st inert gage upon all railroads and their equipments, to secure the pay- inent of the bonds loaned them. It is therefore a matter of interest for lho bond-holders to be correcth^ informed as to the present condition and future prospects of the railroads of Tennessee. I have endeavored to ccndenire this information in the following table. Kurti's tViHt whi pay tiicir Jiil> iJifonst.f lid Anioimt of Bonda Amount of Bonds Whole amount of Ihi t hâve aUvcos paid thfcl.' Into.est i —c. i i i i{. Ks, issued to K. Rr. Boiirt« isRiied to p . I'lptlv. |ui..i lo ,ict IRIJ.R under Act Kail Jtoads. East Tenn. ck Va. .s2,071,660 $2,671,660 IWtmphis & Charleston 1,643,980 1.04.3,980 Nashville ct Decatur 2,115,176 §350,000 2.1 ^-.5,176 Nachville V CLattanccga 395,000 il'.^kOOO East Tenn. & Georgia 1,590,120 1,590,120 Kncxville & Ky. 1,353,200 800,000 2,153,200 IMemphiß & Ohio 2,390,110 2,396,110 Mobüc & Ohio 1,684,800 1,684,800 Miss. & Tenn. 317,800 100,000 417.800 M:h!-. C.'cmi-al • 1,078,980 200,000 1,278,980 Kii'X .illo Ä C h nlcsti n 300,000 325,000 625,000 1 ¡'s! t enn. ¿r West N. C. 150.000 150,000 §17,471,826 §17,471.826 Roads not now paying, but which will eventually pay their interest. Edfo field VKy. 1,070,167 300,000 1,370,167 ya." i is, ' brks. Lou. 1,894,600 1,894,600 r at L. Ä: N. Western 3,064,850' 100,000 3,164,850 §6,429,617 §6,429,617 Beads not now paying. *Cin., Cmnb. Cap & Ch'n. 985,680 200,000 1,185,680 M( Minn-illc & Man. 851,369 851,360 Wii.cliesb r & Ala. 1,098,259 334,000 1,432,259 Bogensville & Jefferson 393,160 30,000 423,160 ■ II phis & Little Bock 105,000 105,000 3,997,459 §3,997,45i) .^27,898,902 )■ ate debt proper including bonds loaned to Turnpike and Blank read Companies, and interest funded, .§4,717,419 .832,616,321 t Lis lord is placed among the class of roads not paying its July interest be- . M ere is no certain information that it vill do so. It paid its January interest It will be seen from the preceding table that there are twelve roads owing $17,471,826 that arc paying their interest. These roads have always paid their interest promptly. Among the roads in the above table which are classed as roads that will eventually pay their interest, are the E. & Ky., the M. C. & L and the N. & N. : as these roads owe §6,419,617,1 here give a full description of them, so that it may be seen whether they are not cor¬ rectly classed as roads that will eventually pay their interest. The Edge¬ field and Kentucky road runs from Nashville nearly north 47 miles and at the state line meets the Henderson and Nashville railroad, which nins from the point of junction to Evansville in Indiana, the entire dis¬ tance of both roads being 150 miles. These are, and will con¬ tinue to be operated as one road. They are finished and running, to Hopkinsville in Kentucky 75 miles, and under the efficient and able management of Genl. Boyle, the president of the Henderson and N ash- ville road, the means are nearly provided for their completion, and the work is now rapidly going on. These roads run through the richest agricultural region of the West. At a distance of 75 miles from Nash¬ ville they strike the coal fields of Kentucky, the nearest coal fields to the city-'of Nashvüle. There are three strata of these coal beds, one over six feet in thickness, and all lying above the line of the road- The coal is superior in quality and inexhaustible in quantity. These roads when completed wül be connected at Evansville with the whole system of railroads of the North-west, will form almost an air fine with Chicago, and will be a formidable competitor with the Louisville and Nashville road for the travel between Nashville and the cities of the North-east. Can anything be more certain than that the Edgefield and Kentucky road will not only pay its interest on its debt to the State, but will also pay a dividend to its stockholders. The Memphis, ClarksviUe and Louisville road forms a link in the line of roads from Bowling Green in Ky. to Memphis. It runs from the state line through ClarksviUe to Paris in Tenn., a distance of 83 miles, passing through the richest iron region in Tenn. It is now oper¬ ated by the LouisvUle and Nash-sdlle Railroad, and is paying some of. its interest out of its earnings. It connects at the state line with the Henderson and Nashville road, and when that road is completed to the ooal mines, the coal supplies for the iron works on the Une of this road and for a large part of middle, and nearly all west Tennessee must pasa over this road. Is not the future payment of its interest safe ? Per¬ haps the best evidence of the value of this road is that the LouisvUle and Nashville road is anxious to become the purchaser of it at a price that will- more than pay its entire indebtedness to the State. 6 The Nashville and North AVestern road is 171 miles in length. It runs from Nashville through the rich iron regions of middle Tennes¬ see, and through the rich alluvial lands of west Tenn., and has its ter¬ minus at Hickman in Ky., a few miles north of the Tenn. state line. Opposite to this point it will meet the Iron Mountain railroad which is being built from St. Louis down the western bank of the Missis¬ sippi river. When this Iron Mountain road shall be completed, the Nashville and North Western road will be the shortest route from ÍÑash- ville and all the south Atlantic States to St. Louis. A branch of this road is to be built from Huntington, on the line of the road, 90 miles from Nashville, either to Milan a distance of 18 miles, or to Jackson in Tenn., a distance of 38 miles—the terminus of the Mississippi Central Kailroad. When one of these branches is completed, the road will be the shortest route from Nashville to New Orleans, and the shortest route from Nashville to Memphis. This road has been embarrassed by differences between the re¬ ceiver and the officers of the road; but these will soon be settled by legal decision if not otherwise settled, and it wül then be enabled to use the means provided by the State, to build the branch referred to, and to furnish itself with full equipments. There is another important feature in this road. The means have been provided sufficient to insure the building of the Nashville and Pacific railroad, and it will soon be commenced. This road will run from Nashville to Knoxville, and will have direct connection with the Virginia roads at Bristol on the line of the States of Virginia and Ten¬ nessee. When completed, these roads together with the Nashville and North Western, and the Memphis and Little Bock roads will form links in the great Southern highway of railroads leading from Norfolk and the Atlantic cities North of her, through Knoxville, Nashville and Memphis to Little Bock, and from thence to the Pacific. This line of roads is very near the 85 parallel of latitude, and is in a mild climate. It runs through the most fertile region of the United States, and a glance at the map will show it to be the shortest route from the At¬ lantic to the Pacific; with such connections the Nashville and North Western must be a paying road.* When the roads above described become paying roads there will remain five roads owing $3,997,459, most of which may not pay their interest until their connections are completed, and the resources of the State further developed; but these roads will only add a small burden to the annual interest to be paid by the State. ' I have given the above full description of these roads because they are owing, so large a part of the debt of the State. 7 But the State will undoubtedly adopt the policy of selling aU roads that cannot pay their interest. From a letter of Gov. Brownlow ap¬ pended to this, it will be seen that such is the decided policy of the Executive Department of the State. It will also be unquestionably the pohcy of the Legislative Department. At its last session, a biU for this purpose passed the Senate, but it went to the House too late to be passed by that body. Whenever this policy is adopted, the Louisville Sc Nashville road stands ready to purchase the Memphis, Clarksville & Louisville road paying off the entire State debt. The Edgefield & Kentucky road will doubtless sell for enough to pay its debts to the State. The Nashville & North Western owes the largest debt. It is 171 miles long, has a large supply of rolling stock, and it would have to bring less than $2,400,000 in currency at present prices of Tennessee bonds to pay off its entire debt to the State. This would be but §14,000 per mile. Certainly capitalists can be found to pay this amount, and then take the means provided for the Nashville and Pacific road, build that, and unite the two roads, and also the Memphis and Little Rock road " into one. The sale of the roads above referred to, for an amount sufficient to cover the State debt, would reduce the debt of "^the State $6,429,617, and if the remaining roads not paying their interest, should be sold for not more than twenty-five per cent, of the debt they are owing the State, the proceeds of their sale would amount to $999,363, which added to $6,429,617 would make the entire proceeds from the sales of the rail¬ roads of the State $7,428,980. The loss on the sale of the railroads being $2,998,096, this amount would be added to the State debt,making its entire debt not secured by railroads, only §7,115,515, and the whole railroad debt of the State §17,471,826. And what provision has the State made for this indebtedness ? In a former pubhcation I stated that it was the " well known, unalterable determination of her legislators, and all her state officials to maintain her public faith inviolate." Her legislation since that publication will show how faithfully she has redeemed that pledge. Finding that her revenues were not sufficient to meet the deficien¬ cies of railroads in paying their annual interest, she has passed a new revenue bill which will increase her revenues from taxation fifty per cent. In that bill she has imposed heavy penalties upon assessors to secure faithful assessments,"which wiU doubtless largely increase the taxable value of property. She has imposed stringent penalties upon collectors to enforce prompt returns by them of taxes collected, and she has imposed the most stringent penalties upon the tax payer to enforce prompt payment of his taxes, the penalty upon the delinquent tax payer 8 l)eiiig an addition of nearly one hnndrcd and fifty per cent, to Iiis taxes. Slie has also created a Board of Finance, making it the especial duty of this Board to provide for the interest on the public debt, and for this purpose giving the Board ample power over the resources and railroads of the State. In her Legislatii e and Executive branche ^ she has inaugurated the policy of selling all roads that cannot pay their interest, and her Gov¬ ernor has determined to recommend a change in the Constitution of the State prohibiting any increase in the public debt, which recom¬ mendation will doubtlesr receive the sanction of the Legislative De¬ partment. Certainly nothing more remains to be done by the State of Tennessee to insure the faithful fulfilment of all her obhgations. In an Appendix will be found a copy of the new revenue bill, the letter of Gov. Brownlow in relation to the State debt, and a legal opinion upon the validity of the bonds usually quoted as " new bonds." This opinion comes from some of the ablest lawyers of Tenu., most of whom have held high official positions in the State, and most of them politically opposed to the present State Government. To this opinion it is believed, there is hardly a dissenting voice in the State. There will also be found in the Appendix a statement of the prob¬ able amount of the receipts into the Treasury under the new revenue bill, and of the balance that will be in the Treasury for the payment of interest on the public debt, after paying the State expenditures and de¬ ducting $500,000 for Common Schools. This statement is made out by Col. "SYm. Bosson, Secretary of the Board of Finance, a member of the Finance Committee of the House of Eepresentatives, and one of the most intelligent of that body, and one of the most thoroughly informed upon all matters of our State Finances. The taxes under the new revenue bill are not due until July next, and will not be collected until the latter part of the year. This has ren¬ dered it necessary to provide for the deficiency of the railroads in pay¬ ing their interest the coming July by a loan, which loan will be made a permanent one and not chargeable upon the revenues of the State for years to come. From the report made by railroads since the above loan was made it is rendered certain that after paying the July interest there will remain in the Fourth National Bank of New 3iork upwards of $150 GOO to meet the next January interest, and the statement of Col. Bosson shows that there will be a balance in the Treasury besides, under the new revenue bill, of $1,236,713.57 to meet the future pay¬ ments of interest. S. WATSON, Prcsidenl oj ¡ht Board of Fir.an'.c of Hit State of Tennessee. TEX>'ESSEE STATE FINANCES. The receipts into the Treasury for the fiscal year ending Oct. 1, 1867, ' $1,517,472.50 The_jXevenue Act of March 1868 will increase the income of 1^67 fifty per cent. 758,736.25 Estimated receipts into the Treasury from delinquent taxes, uncollected or in hands of collectors amount¬ ing to $900,000,00, 200,000.00 $2,476,208.75 Disbuesemexts, 1867. On payable warrants for all purposes excepting interest on Bonds, State and Railroad, $999,402.61 Reduction in ordinary expenses for 1868 over 1867, 259,907.43 Total ordinary expenses for 1868, 739,495.18 $1,736,713.57 Balance in Treasury for 1868, $1,736,713.57 Deduct for Common Schools, 500,000.00 Balance applicable to interest on State debt, $1,236,713.57 The estimated receipts into the Treasury for 1868 are based on the assessments of 1867, which assessments will be increased by the Reve¬ nue Act of March 1868. W. BOSSON, Finance Com., House Rep. and Sec'y Board of Finance of the State of Tennessee. Hox. S. Watsox, Dear Sir: In reply to yours of the 22d, I have to say that the tax aggTegate of half the counties in Tenn. have been received in mv office, which enables me to safely estimate the revenue of 1868 at $2,.500,000. G. W. Blackburn, Comptroller. The letter of the Comptroller was received after the preceding mat¬ ter had been put to press. His estimates based upon the new as.c- essments, exceed Col. Bosson's $23,791, and consequently would make the balance in the Treasury for 1868 applicable to interest, $1,260,504. S. Watson. V /• ■ ' Nashvjlle, Tenn., May 22d, 1868. Gov. W. G. Bhownlow, " Dear Sir : Some time since I had a conversation •with you in regard to preventing any increase of our State indebtedness; wül you please give me the views you expressed on this subject ? Yours very respectñiUy, S. AVatson. Knox'ville, Tenn., May 25th, 1868. S. Watson, Eíq.—Dear Sir : I am opposed to any increase in the pres¬ ent State debt, and shall recommend to the Legislature, at its next meeting, in November, an amendment of the Constitution prohibiting the issuance of any more bonds of the State than are authorized by the existing laws. I shall also recommend that provisions be made for the sale of all railroads which cannot pay their interest promptly. Very respectfully, AA". G. Beownlow, Governor of Tennessee. Nashville, Alay 29th, 1868. Hon. Samuel AVatson—Sir: In answer to your inquiry, we have no hesitancy in saying, the Tennessee State bonds issued since the war, and those issued before, are of the same validity and equally binding upon the State. This is our opinion, and such is the general opin¬ ion in this State. Fea Ncis B. Fcco, Arthue S. Colyer, Robert L. O.aruthers, Neill S. Brown, Edward H. East. REVENUE LAW. CHAPTER LXXIX. AN ACT to Amend the Revenue Laws of the State of Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That An Act to amend the Revenue Laws of this State, Chapter 8, passed May 24th, 1865, be, and the same is hereby amended, so that the following rate of taxa¬ tion shall be levied and collected, as now required by law. Polls, prop¬ er by the provisions of this Act, for State purposes: On erty bonds, every taxable poll, one dollar and twenty-five cents; on every hundred dollars worth of taxable property, forty cents; all interest-paying State, county and corporation bonds, owned by the citizens of this State, whether on deposit, in or out of this State, shall be taxed forty cents on the one hundred dollars for State purposes, and twenty cents as a school tax, on their real value, as compared with moneys receivable for State and county tax at par. Sec. 2. Be it further enacted. That all Foreign Insurance Companies doing business in this State, whether fire, marine, accident or life, shall pay, annually, on taking out or renew¬ ing a hcense, the sum of seven hundred and fifty dollars; whether foreign or chartered by this State, and whether fire, or marine, accident or life, sh-ali pay monthly, a tax of companies one-and-a-half per cent, on the gross amount of premiums tai on pre- received by them, whether said premiums be received in miums cash or premium notes; and the payment of said tax shall be based upon a statement of the business of the company, during the preceding month, sworn to by two persons con¬ nected with said company; and payment on such sworn state¬ ment shall be regularly made to the Comptroller of the State. Sec. 3. Be it further enacted, That every Insurance Com¬ pany doing business in this State, whether fire, marine, acci¬ dent or life, and wnether chartered by this State or not, shall be required to deposit with the Comptroller of this State, twenty thousand dollars of six per cent, bonds of the 12 State of Tennessee, or of the United States, as security for risks taken by citizens of this State, and if the agent or agents of any Insurance Company, after the passage of this Act, shall take risks without ñrst making this deposit, the agent or agents so offending, shall be guilty of a misde¬ meanor, and be fined not less than one hundred and fifty dollars for each oflender, one-third of which shall be given to the person on Avhose information the conviction of the offense is based, and the balance shall be paid into the Treasury of the State. Sec. 4. Be it further enacted, That when any agent or agents of any Insurance Company shall neglect or refuse to comply with the requirements and provisions of the second section of this Act, such agent or agents shall be subject to a penalty of one hundred dollars for each and every week so neglecting or refusing to comply; which penalty shall be charged to them, and shall be deducted from the amount of State or United States Bonds, deposited by them with the Comptroller. Sec. 5. Be it further enacted. That all persons engaged in the following pursuits, shaU obtain an annual license from the Clerk of the County Court, and pay the taxes here¬ in provided ; Every merchant shall pay for his license one per cent, in the dollar on the invoice cost,at the place where purchased, of Merchants, all his goods; and shall make a semi annual statement of his purchases, to the County Court Clerk, under oath, and and pay the tax thereon semi-annually. Every commission or auction merchant, shall pay for his Commission lic6nse, one per cent, in the dollar, on the gross amount of or Auction all his sales, public and private; and shall make a semi-an¬ nual statement of his sales to the County Court Clerk, under oath, and pay the tax thereon semi-annually. The term "merchant," as used in the above sections, includes every person trading or dealing in goods, wares, merchandise, groceries; jewelry, drugs and medicines. Brokers of real estate, including all contracts for rents, Eeal estate carried on as a regular business, shall pay a privilege tax of Brokers fifty dollars, and one-half of one per cent, on the gross amount of sales and rents; provided, that all merchants and dealers above specified, shall give to the Clerk of the County Court, at the time of taking out the license, a bond, with good security, conditioned that he, she or they, will make the reports, and pay the taxes, as herein pro-\fided. Hotel keepers Hotel or tavern keepers, for each room in the house ex¬ cept two, one dollar. Livery Stable Livery stables, or stables kept by inn-keepers, for each stall, one dollar. Omnibus Cos- Eneli omnibus company, or individual engaged in running omnibuses for pay, shaU pay a privilege tax on each omni- b as of twenty-five dollars. Fine for failure. Same. Licenses. 13 All hacks, carriages or vehicles, run for pay, shall pay a „ ■ . privilege tax of ten dollars. nacKs,sc. Each express wagon or cart, including wagons or carts en¬ gaged in transferring, other than those belonging to express Express or omnibus companies, shall take out a license annually, Wagons from the County Court Clerk, and shall pay a tax for each express wagon of five dollars; each express cart, five dol¬ lars; each transfer wagon, (two horse), ten dollars; each transfer wagon (four horse), fifteen dollars. Steam ferry companies, or steam ferries, operated by in¬ dividuals, shall take orit an annual license from the County Ferries Court Clerk, and pay an annual privilegetax of one hund red dollars, and one-half of one per cent, on their gross receipts. All peddlers of sewing machines, or selling by sample, gg^ijjg shall pay a tax of ten dollars. chines. Eetail dealers in spirits, wines, ale,^ beer or other malt liquors, in addition to present taxes on each establishment, detail, deal- shall pay a privilege tax of twenty-five dollars Any person ers in iiquors peddling liquors of any kind, either on foot or horseback, or with any vehicle, shall pay a tax of one hundi'ed' dollars at every placo he may retail such liquors. Horso and mule dealers, whose business is buying and selling horses and mules, shall pay a tax of ten dollars. Mde dealers Cattle dealers, whose business is buying and selling cat¬ tle, sheep or hogs, a tax of ten dollars. Cattle dealers Brewers shall jray a privilege tax of one hundred dollars. Brewers. Pawnbrokers, a privilege tax of five bundi-ed and fifty dollars. Pawnbrokers All claim agents, a tax of twenty-five dollars; prohided that all claim agents whose practice is exclusively confined Claim Ag'ts to prosecuting claims for back pay and bounty, and appli¬ cations for pensions, shall be exempt t f ir All inteUigence office keepers, a tax of twenty-five dollars. All butchers, whose business is to sell, and all offices kept for the sale of meats at retail, a tax of ten dollars. Butchers. All lawyers who set themselves up as practicing attorneys, and who have been 23racticing the profession for five years, Lawyers, shall respectively, pay a jrrivilege tax of fifteen dollars. Physicians, dentists, surgeons, who charge for services, a tax of ten doUars; provided their income is ever eleven hund- Physicians, red dollars per annum. Architects and civil engineers, those who plan, design or superintend the construction of buildings, steamboats, Architects bridges or railroads, not including mechanics, a tax of ten etc. dollars. Plumbers and gas-fitters, a tax of ten dollars. Plumbers Each marriage license, a tax of two dollars. License Peddlers may take out license quarterly, and shall pay, if on foot, a tax at the rate of twenty doUars per annum; or, if a peddler, with a horse or vehicle, may take out license; Peddlers and pay a tax at the rate of fifty dollars per annum, and 14 fifty dollars for each vehicle, ten dollars for every horse used over one. Exhibitions Exhibitions of profit, sleight of hand, legerdemain, or other exhibitions, except circuses and menageries, shall take out license, and for each day's performance, shall pay a tax of five dollars. Telegraph Telegraph companies shall take out a semi-annual license. Companies, and pay therefor, a tax of five hundred dollars. Express companies, five hundred dollars, where the dis- Express Cos. tance travelled is less than one hundred miles; over one hundred miles, cue thousand dollars annually, in lieu of aU other taxes. Banks. The business of banking, whether by banks chartered by this State or by authority of the "United States, sixty cents on the one hundred dollars of the capital stock; and the said banks shall report, specifically, the amount of their capital stock on the first of April in each and every year, and pay the tax imposed by this Act, which includes the twenty cents for school pmposes. Sec. 6. Be it further enacted, That each Justice of the Justices or "^Tio, in the discharge of his duties as assessor Assessors etc taxable property in his district, or any assessor of taxable property in any incorporated city or town, who shall in any case, refuse or neglect to perform any duty enjoined upon him by law, or who shall consent to, or connive at any evasion,whereby any proceedings required by the tax laws of this State, or relate to the collection of taxes shall be prevented or hindered, or whereby any property, capital or income re¬ quired to be listed for taxation, by this or any other Act, shall be unlawftilly exempted, or the valuation thereof be entered on the tax list at less than its actual true value in cash, shall, for every such neglect, refusal, consent or conni- Pine. vanee, forfeit and pay to the State, not less than fifty dol¬ lars, nor more than five hundred dollars, at the discretion of the court, to be recovered in the name of the State by the Clerk of the County Court. Sec. 7. Be it jurther enacted. That sections 643, 644, 645, Eepealed. Code, be, and they are hereby repealed. Sec. 8. Beit further enacted That the proviso to section w ® chapter 8, of the Acts of 1859 and 1860, passed March ® ~ ■ 22d, 1860, relating to billiard tables, etc., be, and the same are hereby repealed. Sec. 9. Be it further enacted. That it shall hereafter be Piity of the duty of the Clerks and Collectors chargt d with the col- Collectors*^ lection of revenue of the State, on the first day of Decem¬ ber, March, June and September, of each fiscal year, to make a statement, under oath, to be foi^waided immediately to the Comptroller of the State, setting forth the amount collected by him or them, specifeing the items of taxation Statement, from which the amount has been collected, and to deposit the said revenue as often as four times a year. Said deposits shall be made by the fiist, day of December, March, June 15 and September of each fiscal year, with the depository at Deposits. Knoxville, Nashville and Memphis, to the credit of the Treas¬ urer of the State of Tennessee as hereinafter provided; and the officer making the same, shall take a certificate of deposit in triplicate and forthwith inclose one to the Comptroller, and one to the Treasurer, retaining one for his own protection. Sec. 10. Be it further enacted. That all Clerks of the vari- Clerks and ous courts throughout the State, as well as all Magistrates Magistrates of the several Civil Districts in every county, shall deposit with the Trustee of their respective counties on the first Tuesday of every month, all county revenue collected by them during the preceding month, together with a written statement of the same, showing the source from whence it was derived, the name of the parties paying the same, the kind of funds collected from them, whether currency, county warrants or interest coupons, together with the date of every item. For the amount deposited, the Trustee shall prepare triplicate receipts, one of which he shall retain; the other Eeceipts. two shall be given to the Clerk or Magistrate making the deposit. The statement submitted by said Clerk or Magis¬ trate shall be filed by the Trustee, who shall immediately furnish a copy of the same to the County Court Judge, or Chairman of the Board of County Commissioners. All Clerks of Courts, and civil Magistrates referred to in this section, shall, in addition to a statement to be submitted monthly, to the Trustee, make also quarterly, a sworn state- Quarterly ment of all county revenue received by them during the Statement, preceding quarter, showing explicitly everything in rela¬ tion to the receipt of said revenue as they are required to show in their monthly statements to the Trustee; and these quarterly statements properly sworn to, shall be made to the Judge or Chairman of the County Court, or the Chair¬ man of the Board of County Commissioners, on the first Mondays of January, April, July and October, of each and every year; and the Trustee's monthly receipts, as vouchers, shall be submitted with said quarterly statements; and any failure to comply with the provisions of this section shall be a misdemeanor in office, and shall subject the offender to Misdemeanor the penalty specified fu section 511 of the Code of Tennessee. Sec. 11. Be it further enacted, That whenever, by the re¬ quirements of section 607 of the Code, it becomes the duty of all tax collectors to give notice that they are prepared to make their collections, it shall also be the duty of said tax col- Tax Collect'rs lectors, at the same time and in the same manner, to make full publication of all such parts of this Act as in any way relate, publication, either to the time when taxes are declared due, or to. the penalties imposed on failure to pay said taxes at the speci¬ fied time. Sec. 12. Be it further enacted. That no part of the moneys deposited with any one of the depositories under the provis- Checks, ions of this Act shall be drawn by the Treasurer, except upon the check of the Treasurer, countersigned by the Comptroller. 16 Comptroller to notifv. Clerks to deposit. lîêfusal to pay, felouy. Sec. 13. Be it further enacted, That it shall be the duty J. . . of the State Coniplroller and Treasnrer, immediately upon. 1 or es passage of this Act, to designate and a2îpoint one of the National banks of Knoxville, Nashville and Memphis, as a depository of the I'evenues of the State, and require from each of said depositories a bond, rvith sufficient security, in ; the sum of three hundred thousand dollars each, to be ap¬ proved by the Governor, Com^rtroller and Treasurer; and ■ upon execution and approval thereof, the Comptroller shall issue a circular letter to each of the Clerks and Collectors, charged with the duty of collecting the State revenue, noti¬ fying each of them of the requirements of this Act; and there¬ upon the said Clerks and Collectors in East Tennessee shall : commence depositing the State revenue received by them, resjrectively, in the depository at Knoxville; the Clerks and Collectors in Middle Tennessee, in the depository at Nash¬ ville; and the Clerks and Collectors in M'est Tennessee, in the dejrository at Memphis, as provided in this Act. Proel- ' ded, however, that the Clerks and Collectors in Knox, David¬ son and t^hclby counties shall deposit weekly the moneys ■ due the State collected by them with the depository desig- in the said counties, resj: ectively. Sec. 14. Be it f urther enaded. That if anv Tax Collector shall hereafter wilfully fail and refuse to jrayinto the Treas- ' ury of the State the revenue which he has coUocled, he shall be guilty of a felony; aud it í hall be the duty of the Attor¬ ney-General of the District in which such defaulting Reve- : nue Collecter may reside, to jrrosecute him for such offense; and upon conviction thereof he shall he imprisoned in the- Tax Collector State Penitentiary for a period of not less than five, nor more than twenty years The word Tax Collector, as used • in this section, is intended to include and embrace all i)or- sons entrusted with the collection of the public revenue. Sec. 15. Be it further enacted. That all revenue received by the Collector of the public t txes, and not dr.awn for by ■ the Treasurer, as j)rovided for by this act. shall, for each year, be due and payable on the first day of D C' lnljC /of each year; and the ».Mllector shall account for and pay over the same to. the Treasurer, on or before said day, except that jrortion of the same which is collected on lands reported for non-payment of taxes, which shall be accounted for and paid to the Treasurer, on or before the first day of August • next after the sale. Sec. 16. Be it further enacted. That no injunction or jreti- tion for mandamus shall be granted by any Judge or Court in this State, or any bill or petition for mandamus, alleging the illegality or unconstitutionality of any of the revenue laws of this State, restraining any officer or officers charged with the collection of the public taxes of this State except upon a final hearing of any cause in the court of last resort, if an appeal should be taken to that court; provided, that, should any person be proceeded against by an officer When to be paid into Trea.sury. Mandamus. Proviso. 17 charged with the collection of the public revenue, for failing to pay the revenue due the State or county, or for any vio¬ lations of the revenue laws of this Slate, such person or persons shall immediately suspend business, and shall not, by himself or themselves, or any other person or persons what¬ ever, be permitted to transact or carry on the business or occupation for the violation of the law for which he or they Violation a have been proceeded against. A violation of this Act is a misdemeanor misdemeanor, and on conviction, the party violating the law shall be subject to a fine of one hundred dollars, and shall be imprisoned in the county jail for a period not ex¬ ceeding twenty days; and it shall be the duty of all revenue officers to prosecute all violations of this law; and a failure on the part of revenue officers to prosecute all violations of this Act shall also be a misdemeanor, subject to the same penalty as hereinbefore mentioned; and the Judges of the Circuit and Criminal Court shall give this Act in charge to the Grand Jury. Sec. 17. Be il farther enactetl, That in order to secure the prompt collection of the revenue derived from taxes on real estate and personalities, that all such taxes shall be, and they are hereby declared due and payable on the first day of July, of each and every, year for which said taxes were assessed; and provided, the payment of said taxes is deferred and not made before the following first day of November of When due each and every year, a penalty of two per cent, on amount penalties,etc of taxes to each person, for such non-payment shall be, and the same is hereby imposed, which shall be collected by the Tax Collector, in addition to the regularly assessed taxes; if not paid before the first day of the following month of December, a penalty of five per cent, shall be, and the same is hereby, imposed,'and shall be coUecîed as aforesaid; if Same, not paid before the first day of the following month of Jan¬ uary, a penalty of ten per cent, shall be, and the same hereby is, imposed, and shall be collected as aforesaid; if not paid before the property is advertised for sale, a penally of Iwenty-five per cent, shall be, and the same hereby is, imposed, which penalty shall attach and be.coUected whenever the taxes to which said penalty attaches, shall be paid.. Sec. 18. Be ü further' enacted. That it shall,'in no case, collector's be lawful for Tax Collectors to give a receipt for taxes to any receipt, individual who shall have incurred either of the penalties embraced in section 17, unless said penalty is paid with the .taxes, together with such costs and fees as may have legiti- ■mately accrued on the same; and sworn statements, show¬ ing the exact condition of the tax books in every county. Statement, shall be made by the Tax Collectors of said county on the first days of November, December and January, Of every year, and the same shall be filed with the County Court Clerk, and a copy of the same shall be forwarded to the Comptroller of the State. Sec. 19. Be it fuUher enacted. That in case any property 18 is sold by the Tax Collector for the non-payment of taxes, ® costs, fees, and penalty, said taxes, costs,^ fees and penalty, shall, in the aggregate, be subjected to an additional penal¬ ty of fifty per cent. ; and whether such property is purchased by individuals, by the city, or by the State, for the benefit of public instruction, it shall, at no time, be redeemed by the owner thereof, except upon payment of the fifty per cent, penalty, together with the taxes, costs, fees, and previous penalty attaching at the time of advertisement of said prop¬ erly; also, the interest on the aggregate amount, for the time elapsing after sale. Sec. 20. Be it further enacted. That in case property sold for (axes is not redeemed within one year from the time of sale, a further penalty of fifty per cent, shall be. and the Time, and same hereby is, imposed ; which penalty shall attach to all hew re eem taxes, costs, fees, and interest that shall have acciued at the end of the year, on the property sold; and it shall at no time thereafter, be redeemed, whether sold to individuals, city or State, for (be benefit of public instruction, except on full y ayment of all the penalties im¬ posed, together with taxes, fees and costi, and the intere.st on the aggregate amount of taxes, fees, roits and penalties, for such time as shall have elapsed from the date the last penalty was imposed. Sec. 21. Be it further enacted. That the tide to all proper¬ ty disposed of at public sale for the non-payment of taxes, shall, if not redeemed before the expiration of two years from date of sale, vest absolutely in the party or parties that purchased said property at said public sale, or in their heirs or assigns; provided, said parties shall have paid promptly aU taxes on the same. Sec. 22, Be it further enacted, That real estate sold for taxes shall be redeemable at the office of the Clerk of the Circuit Court for the county in which said real estate lies; and it shall be the duty of the Clerk of the Circuit Court to receive from the owner of such real estate, or his or her agent, the tares, costs, charges and penalties imposed by this Act, at any time after such sale has been made, within two years from the date of said sale; after the expiration of which time the Tax Collector, or his successor, shall execute deeds to all such real estate as has not been redeemed as aforesaid, to the purchaser, upon his application as now provided by law. Sec. 23. Be it further enacted,Th^aX it shall not be necessa¬ ry, in order to convey a good and valid title to real estate sold for public taxes, that the Tax Collector should give the date and number of entry, or either; or date or number of Description grant, or either; or name of grantee, or number of range or of property, section, or the name of the true owner of such real estate ; but it shall only be necessary to give such a description of real estate reported for non-payment cf public taxes as shall be Same.. tVhero redeemable. Tax Collec¬ tor to execute deeds. 10 necessary in order to identify the same with reasonable cer¬ tainty. Sec. 24. Be it further enacted, That all laws on the subject construction of the sale of real estate for taxes, shall receive a liberal con¬ struction by the courts of this State. Sec. 25. Be it further enacted, That aU penalties accruing previous to the sale of any pro|)erty, for the non-payrhent of taxes, and paid either by the owner of the property, or by the purchaser of the same, whether the purchaser be an in¬ dividual, a corporation, or the State, for the benefit of public instruction, shall be apportioned equally to the State and county in which said property is listed; and it is hereby made the duty of the Tax Collector, if he receives said pen¬ alties, or any other officer to whom payment of said penal¬ ties shall be made, to pass the same, as soon as collected, respectively, to the ci edit of the State and county. Sec. 26. Be it fait her enacted, That whenever property is advertised for sale for non-payment of taxes, it shall be the Advertising, duty of the officer ordering the sale to attach, or cause to be attached, the amount of penalty as well as the amount of fees, cost and taxes, in the list given to the printer for pub¬ lication. Sec. 27. Be it farther enacted, That all laws and parts of laws coming in conflict with this Act, be, and the same are hereby, repealed; and that this Act shall take effect, and be in force from and after its passage. F. S. EICHARDS, Speaker of the House of Representatives. D. W. C. SENTER, Speaker of the Senate, Passed March 13th, 1868. 336,768 671532 T2967f Tennessee Finances and resources