■■Sz^%:: \'^m 5 — — n = :p- p ^z D == 2 = 3 = 7 g r O 5 m 1 " 1 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES "^U COMPII^AnriON LAWS PROVIDE A REVENUE FOR TIIK SrATPK OF LOUISIANA, Comprising all laws, and parts of laws, in force at this date, April, 1897. BATON ROU(iE: The Advocate, Official Journal Baton Ronj^e, April, 1897. > This volume contains all the laws, and parts of laws, in force at this time, relative to the assessment of property and the collection of taxes, and is arranged with esi)ecial reference to the convenience ol Assessors and Tax Collectors in the discharge of their respective duties. It is hoped that the great responsibility resting upon these officers will impress them with the necessity of a thorough understanding of the laws by which they are governed. As the Tax Collector's power to enforce the payment of taxc, by sale of the tax debtor's propert;^, does not arise until all the formalities of the law have been strictly complied with, care and diligence should be exercised in the full and correct description of property on the tax rolls, and in all sub- sequent proceedings of notice, advertisement and sale. Ui)on the intelligent and conscientious jjerformance of the duties of the Assessors, in the legal and equitable valuation of property, for assessment purposes, "assisted and supported by the Boards of Eeviewers, depends the financial prosperity of the State Government and its ability to provide for the support of the charitable institutions and the public schools, the protec- tion of the Innds from devastating floods and the payment of interest on the public debt. Herein will be found (page 128, et seq. ) extracts from the decisions of the Supreme Court bearing upon the subjects of assessment and taxation. The acts creating the several Levee Districts of the State and providing for the protection of the Oyster Industry, being local and not general in their application, it was not deemed necessary to include them in this compilation, and reference only is made to them by title and number of the Acts, to-wit : Orleans Act 93 of 1890. Pontchartrain, Act 9.5 of 1890. Atchafalaya, Act 97 of 1890. Red River, Atchafalaya and Bayou Boeuf, . Act 46 of 1892. Lafourche, Act 13 of 18^-2. Lake Borgne Basin, Act 14 of 1892. Buras, Act 18 of 1694. Fifth, Act 44 of 1886. Tensas Basin, Act 59 of 1886. Caddo, Act 74 of 1892. Bossier, Act 89 of 1892. Oyster Industry, Act 121 of 1896. A synopsis of each section of the Acts will be found at the beginning of the different divisions of this volume, and is intended to be used in place of a general index. W. W. HEARD, 567104 ^"*^*^^- CONSTITUTIONAL PROVISIONS. Art, 118. I Sheriff and Ex-officio Tax Collector.]— There shall be a sheriff aud corouer elected by the qualified voters of each parish iu the State, excei)t the parish of Orleans, who shall be elected at the general elections, aud hold office for four years. *********** The sheriff, except in the parish of Orleans, shall be ex- officio collector of State and parish taxes. He shall give separate bonds for the faithful performance of his duty in each capacity. Until otherwise provided, tlie bond shall be given according to existing laws. Art. 170. [Tax Mortgage or Privilege. j — ISTo mortgage or privilege on immovable property shall affect third persons, unless recorded or registered in the parish where the property is situated, iu the manner and within the time as is now or may be prescribed by law, except privileges for expenses of last illness, and privileges for taxes, State, parish or municipal : provided, such privileges shall lapse in three years. Art. 203. [Taxation Shall be Equal and Uniform.]— Taxation shall be equal and uniform throughout the territorial limits of the authority levying the tax, and all property shall be taxed in proportion to its value, to be ascertained as directed by law ; provided, the assessment of all property shall never exceed the actual cash value thereof; and provided further, that the 'ax- payers shall have the right of testing the correctness of their assessments before the courts of Justice. In order to arrive at this equality aud uniformity the General Assembly shall, at its first session after the adoption of this constitution, provide a system of equality and uniformity in assessments, based ni)on the relative value of property in the different portions of the State. The valuation put upon property for the purposes of CONSTIIUIIONAL PROVISIO\S State taxation shall be taken as tbe proper valuation for pur- l)Oses of local taxation in every subdivision of tbe State. Art. liO-t. [Taxes — For What Purposes Levied.]— The taxing- power shall be exercis. d only to carry on and maintain the gov- ernment of the State and the public institutions thereof, to educate the children of the State, to pay the principal and interest of the public debt, to supi)ress insurrection, repel inva- vSion or defend the State in time ot war,. to supply the citizens of the State who lost a limb or limbs in the military service of the Confederate States with artiticial limbs during life, and for levee purposes, as hereinafter provided. Art. 205. [Corporations and Corporate Property.] — The power to tax corporations and corporate property shall never be sur- rendered nor suspended by act of the General Assembly. Art. 200. [License Tax; Exemptions.] — The General Assem- bly may levy a license tax, and in such case shall graduate the amount of such tax to be collected from the persons pursuing the several trades, professions, vocations and callings. All per- sons, associations of peisons and corporations pursuing any trade, profession, business or calling may be rendered liable to such tax, except clerks, laborers, clergymen, school teachers, those engaged in mechanical, agricultural, horticultural and mining pursuits, and manufacturers other than those of distilled alcoholic or malt liquors, tobacco and cigars, and cotton seed oil. No political corporation shall imi)ose a greater license tax m than is imposed by the General Assembly for State purposes. Art. 207. [Exemptions.] — The following property shall be exempt from taxation, and no other, viz : All public property, places of religious worship or burial, all charitable institutions, all buildings and property used exclusivelj' for colleges or other school purposes, the real and personal estate of any public library and that of any other literary association used by or connected with such library, all books and philosophical appa- ratus, and all paintings and statuary ot any company or asso- ciation kept in a public hall; provided, the property so exempted CONSTITUTIONAL PROVISIONS. be not used or leased for purposes of private or corporate profit or income. There sliall also be exempt from taxation household property to the value of five hundred dollars. There shall also be exempt from taxation and license for a period of twenty years from the adoption of the Constitution of 1879, the capital, machinery and other property employed in the manufacture of textile fabrics, leather, shoes, harness, saddlery, hats, flour, mrchiuerj^, agricultural implements, manufacture of ice, fertil- izers and chemicahs, and furniture and other articles of wood, marble or stone, soap, stationery, ink and paper, boat-building' and chocolate; provided, that not less than five hauds are employed in any one factory. Art. 208. [Poll Tax.]— The General Assembly shall levy an annual poll tax, for the niaintenance of public schools upon ever)' male inhabitant in the State over the age of tweuty-.one years, which shall never be less than one dollar nor exceed one dollar and a half i)er capita, and the General Assembly shall pass laws to enforce payment of said tax. Art. 209. [State, Municipal and Parochial Taxation] — The Stite tax on property for all purposes whatever, including expenses of government, schools, levees and interest, shall not exceed in any one year six mills on the dollar of its assessed valuation, if the ordinance regarding the bonded debt of the State is adopted and ratified by the people; and if said ordi- nance is not adopted and ratified bj^ the people, said State tax for all purposes aforesaid shall not exceed in any one year fire mills on the dollar of the assessed valuation of the property; and no parish or municipal tax for all purposes whatsoever shall exceed ten mills on the dollar of valuation ; provided, that for the purpose of erecting and constructuig public buildings, bridges and works of public improvement in parishes and munici- palities, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the property taxpayers of such parish or municipality entitled to a vote under CONSTITUTIONAL PROVISIONS. the electiou laws of the State, and a majority of same voting at such election shall have voted therefor. Art. -JIO. [Tax Sales.] — There shall be no forfeiture of property for the non-payment of taxes, State, levee district, parochial or municipal, but at the expiration ot the year in which they are due the collector shall, without suit, and after giving' notice to the delinquent in the manner to be provided by law (which shall not be by publication except in case of unknown owner) advertise for sale the property on which the taxes are due in the manner provided for judicial sales, and on the day of sale he shall sell such portion of the property as the debtor shall point out, and, in case the debtor shall not point out sufficient property, the collector shall at once and without further delay sell the least quantity of property which any bidder will buy for the amount of the taxes, interest and costs. The sale shall be without appraisement, and the property sold shall be redeem- able at any time for the space of one year, by paying the price given, with twenty per cent and costs added. No sale of prop- erty for taxes shall be annulled for any informality in the pro- ceedings until the price paid, with ten per cent interest, be tendered to the purchaser. All deeds of sale made, or that may be made, by collectors of taxes, shall be received by courts in evidence as prima facie valid sales. Art. -Jll. [Tax Designated by Year in Which it is Collectible.] The tax shall be designated by the year in which it is collectible, and the tax on movable property shall be collected in the year in which the assessment is made. Art. 212. [Postponement of Taxes.] — The Legislature shall pass no law postponing the payment of taxes, except in case of overflow, general conflagration, general destruction of the crops, or other public calamity. If -v,yi^, .Art. 213. [Taxation for Levee Purposes ] — A levee system shall be maintained in the State, and a tax not to exceed one mill may be levied annually on all property subject to taxation. CONSTITUTION A.L PROVISIONS. aud shall be applied exclusively to the maiuteuance and repairs of levees. Art. 214. [Levee Districts; Commissioners.] — The General Assembly may divide the State into levee districts and provide for the appointment or election of levee commissioners in said districts, who shall, in the method and manner to be provided bylaw, have supervision of the erection, repairs and maintenance of the levee in said districts; to that effect the Levee Com- missioners may levy a tax not to exceed ten mills on the taxable property situated within alluvial portions of said districts sub- ject to overflow; provided, that in case of necessity to raise additional funds for the purpose of constructing, j)reserving or repairing- any levees protecting the lauds of a district, the rate ot taxatiou herein limited, may be increased when the rate of sui'h increase and the necessity aud purpose for which it is intended shall have been submitted to a vote of the property taxpayers of such district, paying taxes for himself, or in any representative capacity, whether resident or non-resident, on property situated within the alluvial portion of said district subject to overflow, and a majority of those in number and. value, voting at such election, shall have voted therefor. Art. 218. [Constitutional Provisions Relative to State Taxes also Apply to Parish, District and Municipal Taxes.] — All the arti- cles and provisions ot this Constitution regulating and relating to the collection of State taxes and tax sales shall also apply to aud regulate the collection of parish, district and municipal taxes. Art. 224. [Free Public Schools.]— There shall be free public schools established by the General Assembly throughout the State for the education of all the children of the State between the ages of six and eighteen years ; and the General Assembly shall provide for their establishment, maintenance aud support, by taxation, or otherwise, and all moneys so raised, except the poll tax, shall be distributed to each parish iu proportion to the number of children between the ages of six aud eighteen years. CONSTITUTIONAL PROVISIONS. Art. 227. [Poll Tax Applied to Public Schools.]— The funds derived from the collection of the poll tax shall be applied exclu- sively to the luaiutenauce of the public schools as organized under this Constitution, and shall be applied exclusively to the maintenance of the public schools in the parish in which the same shall be collected, and shall be accounted for and paid by the collecting officers directly to the competent school authori- ties of each parish. Art. 229. [School Funds— Of What They Shall Consist.]— The school funds of this State shall consist of: 1. The proceeds of taxation for school purposes, as provided in this constitution. 2. The interest on the proceeds of all public lands hereto- fore granted by the United States for the use and support of the public schools. 3. Of lands and other property which may hereafter be bequeathed, granted or donated to the State, or generally for school pur])oses. i. All funds or property, other than unimproved lauds, bequeathed or granted to the State, not designated for other purposes. 5. The proceeds of vacant estates falling under the law to the State of Louisiana. The Legislature may appropriate to the same fund the pro- ceeds, in whole or in part, of public lands not designated for any other purpose, and shall provide that every parish may levy a tax for the public schools therein, which shall not exceed the State tax ; provided, that with such tax the whole amount of parish taxes sliall not exceed the limits of parish taxation fixed by this Constitution. REVENUE. Revenue. 1. [S. 1, A. lOG, 1890.]— Aimniil tax ofsix mills levied on all taxa- ble property ; enumeration of taxable property, exceptions and exemptions. 2. [8. 2, A. 100, 1890.]— Assessors; appointments, term of office, oath of office, bond, sureties, compensation. 3. [S. 3, A. 106, 1890.]— Assessors, Orleans parish ; appointment, compensation, term of office, clerical force. 4. [S. 4, A. 106, 18J0.]— Assessors may be removed by the Gov- ernor for cause ; vacancies, hoAv tilled. 5. [S. 5, A. 106, 1890.]— Assessors, Orleans parish; oath of office, amount of bond. 6. [S. 6, A. 106, 18J0.]- Assessors and tax collectors' lioiids, the conditions thereof, recorda- tion, sureties 7. [S. 7. A. 106, 1890 ] — Assessor's duty to list all taxable prop- erty; penalty for failure ; grow- ing and gathered crops a part of the realty while in first hands. No property shall be taxed twice in the same year. 8. [S. 8, A. 106, 1890.]— Landed property, how designated and assessed. 9. [S. 9, A. 1U6, 1890 ]— As.sessors shall examine mortgage and conveyance records and ab- stracts of laud entries, to as- certain owuershii» of ])roperty. 10. [S. 10, A. 106, 1880.]— Land when divided by parish lines, how assessed. 11. [8. II, A. 106, 1-90.]— Omissicms and errors in assessments, when discovered, how corrected; back taxes shall not be as- sessed for more than three years ; supplemental rolls, no- tice. 12. [S. V2, A. lO'.i, 1890] — Blank tax lists to be furnished by State Auditor. 13. [8.' i:!, A. 106, 1-90 ] — Duty of taxi)ayer, except in Orleans parish, to fill out a list of hi.s property and make oath there- to. 14. [8. 14, A. 106, 1890.]- F(uiu of taxpayer's oath, l.'i. [8. 15, A. 103, 1890 ]— Assessors shall visit in person or by de-juty the residence, domicile or office of each person, firm or corporation suljject to taxa- tion. 16. [8. 16. A. 10(\, l^L'U.— Blank foruis of assessment ; agricultural sta- tistics. 17. [8. 17, A. 106, 1^90] -Duty of assessor to administer oath to taxpayers. 18. [8. 18, A. 106, 1890 ]— Valuatiou of property for assessment; de- scription of assessed jiroperty. how made 19. [8. 19, A. 106, 1890.]— All prop- erty shall be assessed at its actual cash value; oath of tax- payer. 20. [8. '^0, A. 106, 18911.] — Assessor shall have the right to examine books and accounts and to in- quire into the insured value of property. [8 21, A 106, 1890.]— Comple- tion of tax lists and notice thereof. [S. 22, A. 106, 1890.]— Pol ice ju- 21. 92 REVENUE Revenue — Contiuued. ries constituted boards of re- viewers. 23. [S. 2n, A. 106, 1890.]— Boards of reviewers; time of rueeting; duties; compensation. 24. [S. 24, A. 106, 1890.] -Board of Assessors, i)arisli. of Orleans ; their duties and powers ; notice by publication of completion of ass'issment; Register of Con- veyances, bis duties. 25. [S. 25, A. 106, 1890.] -Duty of taxpayer to make sworn return of his property. 36. [S. 26, A 106, 1890. J— Right of taxpayer to appear before com- mittee on assessments and be hcnird relative to valuation of his ])roperty ; duties and pow- ers of committee on assess- ments. 27. [S. 27, A. 106, 1890 J— Assessment of banks. 2S. LS 28, A. 106, 1890.]— Assessment ol' corporations not enumerated in Sec. 27. 29. [S. 29, A. 106, 1880.] -Railroads, canal, trausjjortatio:) and tele- graph comj)auies. 30. [S, :50, A. 103, l'^90.]- Assessment rolls to be furnished by the Auditor; how and by whom filled und to whom to be deliv- ered when filled. 31. [8. 31, A. 106, 1890.]— Time at which rolls shall be comideted and filed. 32. [S. 32, A. 106, 1890.]— Duty of Recorder o; Mortgages ujion receipt of tax roll. 33. [S. 33. A. 106, 1890] -Filing of 1ax roll in Mortgage office to act as legal mortgage upon each piece of property. 34. [S. 34, A. 85, 1888.]— Filing of tax roll shall be full notice to taxpayers, and parties in in- terest, of the completion of the assessment and that taxes are due and collectible. 35 [S. 35, A. 85, 1888.]— Filing of tax rolls shall be prima facie evidence that the assessment has been made according to law ; no injunction allowable against such filing and.uo judg- ment shall affect pai'ties not included in the suit. 36. [S. 2, A. 69, le9-2.]— Tax collect- ors, parish of Orleans; appoint- ment, compensation, oath and bond. 37. [S. .37, A, 85, 1888.]— Bond of tax collector, approval and record- ation ; conditions thereof 38. [S 38, A. 85, 1888.]— Removal and suspension of tax collect- ors. 39. [S. 39, A. 85, I8e8.]— Taxes ; when due and how designated and collected ; interest. 40 [S. 40, A. 85, 1888.]— Notice to taxpayers on movable prop- erty; delinquent taxes; col- lector's duties. 41. [S. 41, A. 85, 1888 ]— Notice to taxpayers ; form of notice and manner of delivery. 42. [S. 42. A. 85, 18S8.]— General no- tice by publication to unknown owners ; costs of notice. 43. [S. 43, A. 85, 188:^.]— Sale of movable property for taxes ; form of sale. 44. [S. 44, A. So, 1888.]— Rights of taxpayers in the sale of mova- ble property. REVENUE. Revenue — Contiuued. 45. [S 45, A. 85, 18-r8.]— Seizure and sale of movable property. 46. [S 46. A 85, 1888 ]— Tax collect- er.s ma J- take posses.sioii of movable projierty and jilace ke per tbereou. 47. [S. 47, A. 85, 1888 ]— Notice of seizure. 48. [S. 48, A 85 18^8.]— Tax collect- ors may seize and take posses- sion of property after three days' notice 49. [S. 49, A. 85, 1888.]— Rights of tax debtor to a release of prop- erty seized by giving lorth- comiug bond. 50. [S. 50, A. 85, 1888.]— Notice to taxpayers delinqiient on im- movable property. 51. [S. 51, A. 85, 1888.]— Notice to delinquents; manner of deliv- ery ; costs of tax collector for notice. 52. [S. 52, A. 85, 1888.]— General no- tice by publication to unknown owners of immovable property. 53. [S. 53, A. 85, 1888.]— Duty of tax collectors to advertise prop- erty for delinquent taxes after due notice has been given; form of advertisement. 54. [S. 54, A. 105, 1890.]— Sale for taxes of property that had been concealed, parted with or dis- posed of by delinquents; du- ties of tax collectors in case personal property cannot be seized. 55. [S. 55, A. 85, 1688.] — Growing and gathered crops and shares therein, how seized and sold for taxes. 56. [S. 56, A. lOG, 1890.]— Tax and license suits to be preference suits. 57. [S. 57, A. 106, 1890.]— Deputy tax collectors and assessors ; Attorney General to appoint an attorney in the parish of Orleans ; his duty. 58. [S. 58, A. 8.3, 1888.]— Fees and commissions of tax collectors. 59. [S. 59, A. 85, 1888.]— Adjudica- tion of property to the State; tax collector's duty to take actual possession thereof; fees for collection of rents. 60. [S. 60, A. 85, 18-8.]— Tax sales to lie made on or liefore the first day of May of each year. 61. [S. 61, A. 106, 1890.]— Property adjudicated to the State ; how assessed. 62. [S. 6>, A. 85, 1888.]— Redemption of jiroperty adjudicated to tlie State for unpaid taxes. 63. [S. 63, A. 85, 1888.]— Deeds of sale to individual purchasers of tax property. 64. [S. 64, A. 85, 1888.]— Tender re- quired by Art. 210 of the Con- stitution ; how, when and by whom made. 65. [S. 65, A. 85, 1888.]— Order of seizure and possession ; how and by whom made. 66. [S. 66, A. 85, 1888.]— Rents and revenues on property pur- chased at tax sale. 67. [S. 67, A. 85, 1888.]— State Au- ditor authorized to cancel erro- neous as essments and tax sales. 68. |S. 68, A. 85 188b. J— Taxes paid prior to sale for taxes ; Audit- or's duty to furnish quiet claim to owner-. 69. [S. 69, A. 85, 1888.]— Errors in assessments; how corrected. 10 REVENUE. Revenue — Continued. 70. [8. 70, A. 85, 1888.]— Subsequent mortgages, pledges, eucuni- bi'ances, sales, etc., not to af feet taxes assessed. 71. [S. 71, A. 85, lt-88.]— How prop- erty assessed to unknown own- ers is to be proceeded with upon discovery of the owner. 72. [8. 72, A. 85, 1888.]— How and with what moneys taxes and licenses may be paid. 73. [8. 73, A. 85, 1888.]— Sheriffs, no- taries and others prohibited from passing act for s.ale or transfer of property unless taxes are paid. 74. [8. 74, A. 85, 1-88.]— Penalty for violation of Sec. 73. [S. 75, A. r5, 1888.]— Tax collect- or's returns to auditor and po- lice jury of taxes collected. [S. 76, A. 85, lf8-:'.]— Time for quarterly and final settlements of tax collectors. [S. 77, A. 85, 1888. J— Penalty for failure of tax collectors to set- tle with police juries. [S. 78, A. 85, ls88.]— Penalty for failure of tax collectors to set- tle with the Auditor. 79. [S. 79, A. 85, 1888.]— Duties and commissions of district attor- torneys. 75 re. 77 78, 8). 81. 82. 83. 84. 85. 86. [S. 80, A. 85, 18-8. ]— Rig ht;[of sureties to take possession of tax lists. [8. 81, A. 85, 1888 1— Penalties against persons unauthorized to collect taxes and licenscn. [S. 82, A. 85, 1888.]— Dutes of outgoing tax collectors. [8. 83, A. 85, 1888.]— Bonds of tax collectors; how and by whom cancelled. [S. 84, A. 85. 18-8.J— State tax collect Drs shall be parish tax collectors. [8. 85, A. r.5, 1888.] -Duties of tax collectors when taxes are paid. [S. 86, A. 84, 1892.]— Parish treas- urers ; their duties. 87. [S. 87, A. 85, 1888.]— State Treas- urer ; his duties. 89. 90. 91. 92. [S. 88, A. '^5, 1888 ]— Taxes when paid other than by the person assessed. [8. 1. A. 178. 181)4.]— Distribu- tion of the State tax. [S. 90, A. 85, 1888.]— Interpreta- tion of words. [8. 91, A. 85, 1888.] -Sale of prop- erty for taxes not to affect an- terior taxes. [S. 8>, A. -5, 1888.]— Repealing clauses. Section 1. [Enumeration of Taxable Property — Exceptions and Exemptions.] — Be it enacted by the General Assembly of the State of Louisiana, That Act No. 85 of 1888 be amended by striking out its title, by inserting in lieu thereof the above title, by striking out Sections 1 to 33 inclusive, by insert- ing this Section 1 and the following new sections down to 33 inclusive, and by amending and re-enacting Sections 54, 56, 57 and 61, as follows : That for the calendar year, A. D., KEVENL'E. 11 one thonsaud eigUt hiimlied and ninety-one (1891), and for each sncceeding calendar year, there are hereby levied annnal taxes amounting- in the aggregate to six mills on the dollar of the assessed valuation of all property situated within the State of Louisiana, except such as is expressly exempted from taxation by law, and the term property as herein used means and includes all real estate, with the buildings and all other improvements thereon or thereto attached, and all other untaxed land; every share or portion, right or interest, either legal or equitable, in and to every ship, vessel, or boat of whatever name or description, used or designed to be used, either exclusively or partially, in navigating any of the waters within or bordering on this State, whether such vessel, ship, or boat, shall be within the jurisdiction of this State or elsewhere, and whether the same shall have been enrolled, registered, or licensed, at any collector's office, or within any collector's district in this State or not, including all vessels under a foreign flag, navigating any of the waters of this State, within or bordering thereon, controlled or run in whole or in part, tor the benefit of the person to be assessed, together with their stores or appur- tenances, at their fair market value, or belonging to any person, company, association or corj^oration, in or out of this State, and not paying taxes at the domicile of the said company, person, association or corporation ; all railroads and other roads, all canals and other ways of communication, travel, or transporta- tion, all locomotives, dummies, and other motive powers; all engines, boilers, and other apparatus, appurtenances, appliances, and attachments for steam, electric, and other engines ; all tele phone and telegraph lines; all machines and machinery; all cars, carriages, wagons and other vehicles ; all patents, copj^rights, trade-marks, privileges, charters and franchises, including stock of any lottery charter or privilege domiciled in or out of this State, unless exempted by the Constitution of this State; all lumber, brick and other building materials ; all movable prop- erty and chattels ; all personal property ; all goods, wares and 12 REVENUE. mercbaudise, and other stock in trade, in possession, on hand and under control, goods bought and paid for, goods bought and to be paid for, all goods on consignment for sale, without refer- ence to whom they belong j goods in transit for forwarding; not on consignment for sale are not to be assessed ; all alcoholic, vinous and malt liquors ; all household, kitchen and other furni- ture exceeding five hundred dollars (8500) in value ; all jewels and jewelry, diamonds, pearls and precious stones, real or imita- tion; all gold and silverware and silverplate, paintings, engrav- ings, statuary and other works of art, bric-a-brac, and all '^articles of vertu" and ornament; all horses and other live animals; all personal property held in trust, or by a wife, or for a minor child ; all property held, controlled, or administered in each separate capacity as president, cashier, treasurer, liquidator, assignee, master, superintendent, manager, sequestrator, re- ceiver, trustee, stake holder, depository, warehouseman, keeper, curator, tutor, executor, administrator, legatee, heir, beneficiary, father, agent, attorney, usufructuary, mandatory, fiduciary, or official capacity; the cash value of all judgments, suits and causes in action: all rights, credits, bonds, and securities of all kinds; promissory notes, open accounts, and other obligations; all cash. The amount of cash on hand will not be offset or less- ened because money is owed, or by liabilities of any kind, but must represent the full amount standing in the name of the per- son to be assessed or subject to his control. All coins, United States and foreign, whether current or uncurrent; all currencies* bank notes, and other paper moneys, all moneys loaned at inter- est, all shares of stock in all banking companies or associations incorporated or non-incorporated, -chartered under the laws of Louisiana, or under the laws of any other State than Louisiana, or under the laws of the National Government; and all other articles and things whatever possessing any money value. This enumeration shall not be construed so as to exempt from taxa- tion any property or values not enumerated herein; provided, that no articles or things herein above enumerated shall be REVENUE. 13 assessed more than ouce tlie same year. The above enumeration of assessable property is in no wise intended to apply to the assets of banking companies or associations whose shares of stock are assessable in lien thereof under Section 27, save in so far as declared in said Section 27. Section 1, A. lOn, 1890. Sec. 2. [Assessors ; Appointment, Bond, Sureties, Compensation.] That the Governor shall appoint, by and with the advice and consent of the Senate, one tax assessor for each parish in this State (except the parish of Orleans), who shall hold their office for the teim of four years; first term beginning on the thirty- first day of December, 1892. Each assessor shall take constitu- tional oath of office, and each shall execute his bond in favor of the Governor of the State of Louisiana for the sum of three thou- sand dollars (83000), for each representative of his parish in the General Assembly, with solvent sureties, who shall be bound in solido with each other, and with their principal ; but each surety may bind himself for a limited sum not less than two hundred dollars ; provided, the aggregate of said limited sums shall not be less than three thousand dollars (83000) for each representa- tive of his parish in the General Assembly; provided, no bond shall exceed eight thousand dollars. He shall receive as an annual compensation for all his labors, services and duties tour per cent, on the first 84^0,000, aggregate amount of all State, parish and poll tnxes assessed and one per cent, on any excess over 84:0,000, and for all his services, duties or labors in assess- ing or extending on the rolls any and all levee or land taxes the sum of 8100; provided lio assessor shall receive less than four hundred dollars in any parish for each annual assessment of State, i)arish, poll and all levee taxes. That the payment of this compensatioir shall be tlistributed between the State, parish and scliool boards in proi)r)rtiou to the amount received by each; provided, that if said ctfice be already filled by appointment, this act shall nut be construed as creating any vacancies therein, and tho officers now appointed shall serve during the period for which they were appointed. S. 2, A. 100, 1890. 14 REVENUE. Sec. 3. [Assessors, Orleans Parish ; Salaries, Term of Office, Clerical Force, Compensation.] — That tbe (lovcmor sliall appoint, by and with the consent of the Senate, seven (7) tax assessors, one from each municipal district of the parish of Orleans, and for their service shall receive each the sum of twenty-five hun- dred dollars ('?2500) per annum, to be paid moTithly, by warrant of the Auditor, out of the Treasury of the State, and no per- quisites, fees or commission shall be allowed. The present assessors shall hold office until the thirty lir^t day of December, ]892, and the Governor shall appoint their successors for a term of four years. The assessors so appointed shall constitute a board of assessors for the parish of Orleans, and shall exercise their functions jointly in the assessing and listing of property in and for the parish of Orleans The board shall appoint its own clerical force, and fix their pay within the limits prescribed. The City Council shall provide a suitable room in the City Hall for the use of the board of assessors, and shall appropriate not less than seventeen thousand five hundred dollars, nor more than twenty thousand dollars, for the payment of said clerical force and contingent expenses of the board, not including such blanks as are furnished by the Auditor under the existing laws, The clerical force of the board of assessors shall be paid monthly on the city pay rolls under instructions from the i)oard. S. 3, A. 106, 1890. Sec. 4:. [Assessors; the Governor May Remove for Cause.] — That all or any of the assessors throughout the State may be removed, by the Governor at anytime for negligence, inefficiency, incompetency, malfeasance, or any other cause which he may consider sufficiently grave. The Governor may fill any vacancy thus created, or caused by death or resignation, by and with the advice and consent of the Senate, if in session, or if not in ses- sion, subject to the advice and consent of the Senate at its next session. S. 4, A. 106, 1890. Sec. 5. [Assessors; Bond and Oath of Office, Orleans Parish.] — That each of the said tax assessors for the parish of Orleans REVENUE. 15 shall take tbe coDStitiitioiial oatli of office and shall execute his bond in favor of the Governor of the State of Louisiana for the sum of five thousand dollars (-SoOOO), with solvent sureties, who shall be bound in solido with each other and with their princi- l)als, but each surety may bind himself for a limited sum of not le^s than five hundred dollars (SodO). Provided the aggregate of said sum shall be fiv^e tliousand doUars (*.")000). S. 5, A. 106, 1890. 8ec. 6. [Assessors" and Tax Collectors' Bonds, the Conditions Thereof; Sureties.] — That all bonds to be executed by said tax assessors in the parish of Orleans shall be ai)proved by the Governor, and all bonds of assessors in the other i)arishes shall be approved by the president of the police jury and by the clerk of the district court, and shall be recorded in the mortgage records of the parish in which each resi)ective assessor exercises his functions, and in all other parishes which the principal owns real estate, and shall operate, as a legal mortgage upon all of the real estate of the principal therein, and shall be conditioned that the tax assessor shall carefully and impartially list poll taxes, and list and value all taxable property within his district or parish, at its actual cash value, according to such rules as are or may be prescribed by law. and said bonds sliall be con- ditioned for the faithful i)erformance of his duties as tax assessor, and shall secure all person or persons against any act of oppres- sion on the part of said assessor. The bond of the sheriff as ex- officio tax collector shall be conditioned, that the sheriff and ex officio tax collector shall diligently collect all licenses and all taxes listed and assessed in his parish, and shall make oath before a clerk of court or notary public that he has not been able to collect all delinquent taxes; he shall punctually sell property to pay all delinquent taxes, shall faithfully and promptly pay into the State Treasury all licenses and taxes collected by hina, less his lawful commissions, and shall do and perform such other duties as may be prescribed by law. S. 6, A. 106, 1890. Sec. 7. [Duty of Assessors to List all Taxable Property.] — That it is made the duty of the tax assessors throughout the 16 REVENUE. State to place upou the assessment list all property subject to taxation, including merchandise or stock in trade on hand at the date of listing, within their respective districts or parishes; and if any tax assessor shall intentionally or knowingly, or through gross negligence omit any taxable property from the assessment list, or permit the same to be omitted therefrom, he and his sureties in solido shall be liable on his official bond for the full amount of the taxes due on the property so omitted from the list, together with ten per cent per annum interest thereon irom the maturity of said taxes, ten per cent attorney's fees on the amount of the judgment recovered against him, and all costs of the suit; provided, that the true intent and meaning of tbis section is that all crops, whether growing or gathered, shrill be considered as being attached to the realty while in first hands, and shall not be separately taxed while in possession of the lessor or his agent and no property shall be taxed twice in the same year ; and provided further, that in assessing mercantile firms the true intent and purpose of this act shall be held to mean, the placing of such value upon the stock in trade, all cash, whether borrowed or not, money at interest, open accounts, credits, etc , as will represent in their aggregate a fair average on the capital both cash and credit, employed in the business of the party or parties to be assessed. And this shall apply with equal force to any person or persons representing in this State business interests that may claim a domicile elsewhere, the intent and purpose being that no non-resident, either by himself or through any agent shall transact business here without pay- ing to the State a corresponding tax with that exacted of its own citizens; and all bills receivable, obligations, or credits arising from the business tlone in this State are hereby declared assessable within tliis State, and at the business domicile of said non resident, his agent or representative. S. 7, A. 106, 1890. Sec. 8. [Landed Property; Manner of Assessment.] — That if the land to be assessed be a tract or a lot know^n by a name, or if the owner's name be known, it shall be designated by those REVENUE. 17 particulars and by its boundaries ; if it has no name or the name be unknown, it shall be designated by its boundaries, or by divisions, pursuant to the United States surveys. In all cities., towns or villages, it shall be the duty of the assessor to desig- nate the number of the lots according to the plan of such cities, towns or villages, or according to the plat or plan of the squares designated by such particular plat or plan. If no plat or plan is known of any city, town, or village, or square within the same, it shall be lawful for the assessor to describe it by boundaries of the streets within which it is situated, giving, in all cases, the dimensions; the assessments in incorporated towns and villages shall be in separate columns, and shall designate the name of the streets on which the lots front. If there be au}' incorporated village, town or city in any parish, parish of Orleans excepted, the lists of property therein shall be taken up separately by the assessor, after the remainder of the ward in which it is situated is disposed of, and shall be completed alphabetically ; and the lists describing property of "unknown owners" shall be taken up last. That in the parish of Orleans the several municipal districts be subject to such aubdi visions as exist at present, pending a nesv survey and apportionment. S. 8, A. 106, 1890. Sec. 9. [Assessors Shall Examine Mortgage and Conveyance Records.] — That each tax assessor, parish of Orleans excepted, on and after the first day of January of each year, shall diligently examine the records in the offices of mortgages and conveyances and abstracts of land entries, and compare the name.* of the par- ties assessed and the description of the property, giving the exact lines and measurements as so recorded in the conveyance office and the abstract of land entries, and shall otherwise make laithful inquiry and investigation to ascertain what taxable property in his district or parish belongs to residents and to absent owners, and to unknown owners: and he shall make a separate list describing each tract of land and other item of taxable property belonging to any absent owner whose name is unknown, and shall affix the valuation thereof in person or by a 2 18 REVENUE. sworn deputy, unless said absent owner, or his agent or attorney shall have delivered to him a correct and complete tax list con- taining the name and postoffice address of said absent owner and of his agent or attorney, on or before the first day of June, 1891, and each subsequent year, and he shall make a separate tax list describing each tract of land and other property belong- ing to each unknown owner ; and shall aflix a separate valuation to each separate tract ; provided, that no assessor shall draw any salary until he makes affidavit and turnishes a certificate from the recorder of conveyances that he has made the examina- tion required by this section. S. 9, A. 106, 1890. Sec. 10. [Assessment of Property When Divided by Parish Lines.] — That when a line between two parishes divides a tract of land, or plantation, each portion shall be assessed in the parish in which it lies ; all movable property shall be assessed in the parish or district where it is located, except as hereinafter provided. S. 10, A. 100, 1890. Sec. 11. [Omissions and Eirors ; How Corrected.] — That if any tract or lot of land, or other property, shall be omitte I in the assessment of any year or series of years, or in any way errone- ously assessed, the same, when discovered, shall be assessed by the assessor or tax collector for the whole period for which the same may have been omitted or- improperly assessed, and shall be subject to tbe State, parish and municipal taxes which have been or may hereafter be assessed against said property in accordance with law; provided, no back taxes for more than three years shall be assessed against said property; and pro- vided further, that such assessment shall appear upon a supple- mental roll and be filed in the manner as regular tax rolls. A notice by mail shall be given of the completion of said assess- ment roll and that it is exposed for examination iu the office of the assessors; whether the tax is ou movable or immovable property, and that ten days are allowed said parties to make to the assessors any complaint they may wish to urge against said assessment; and notice shall also be published twice during a REVENUE. 19 period of ten days in a daily newspaper published in the city of New Orleans, and in other parishes as provided for in Section 21 of this act; and in case of no complaint said assessment, with- out any further requisite or formality of any kind shall be final and conclusive on the parties assessed. In the event of any such complaint the decision of the assessors thereon shall be promptly made and be final ; and said assessment without fur- ther formality and requisite of any kind shall be binding- and conclusive on the parties assessed; saving, however, the ]>arties assessed an appeal to the courts within five days from the decision of the assessor on said complaint, which decision shall be deemed notice, and said delay of five days shall begin from the day of the entry by the assessois on said supplemental roll of the wuids appeal rejected. S. II, A. loG, 1890. Sec. 12. [Blank Tax Lists Furnished by the State Auditor.]— That the Auditor of Public Accounts shall, immediately afVer the passage of this act, and before the first day of January of each year thereafter, prepare and have |)rinted and forwarded to the several assessors through the State, parish of Orleans excepted, tax lists of the form provided in Section 10 of this act, in such convenient form as may be readily stitched together when filled out; and said list shall be prepared so as to secure the listing of all property subject to taxation under this act; and Section 1 of this act shall be printed in full on the back thereof; and he shall, as soon as possible, furnish to each tax assessor throughout the State such quantity of said printed tax lists as will suffice to secure the listing of all property subject to taxation and with their columns for valuation to be tilled up by the assessor. In the parish of Orleans the Auditor of Public Accounts shall furnish such lists and blanks as may be called for by the board of assessors, ami approved by him. S. 12, A. 106, 1890. Sec. 13. [Duty of Taxpayers to Fill Out Lists of Property; Oath.] — That it shall be the duty of each taxpayer, parish of Or- leans excepted, to fill out a list of his property in accordance 20 REVENUE. with the form provided in Section 16 of this act ; and he shall make oath thereto before the tax assessor, or any officer author- ized by law to admiuister oaths, and returu the same to the assessor before the first day of each and every year. S. 13, A. lOG, 1890. Sec. 14. [Form of Taxpayer's Oath.]— That on the back of each of said tax lists there shall be printed in substance the fol- lowing form of oath or affirmation, to- wit : "I, whose postoffice is , do solemnly swear (or affirm) that the list on the reverse side of this paper which I have signed, is a correct and complete list of all the property of which I am owner, or have in my possession, or under my control, in the capacity set forth in said list, situated in the parish of of every kind, char- acter and description, which is subject to taxation under the Constitution of the State of Louisiana, and under Section 1 of the act of the General Assembly, entitled an act to provide an annual revenue and taxation for the State of Louisiana, etc., adopted at the regular session of 1890, which section is printed in full on this page; and further that the number of acres of land has been stated, and I have given the proper description of said lands and all other taxable property as the law requires, so help me God. Sworn to and subscribed before me this day of A. D. ." S. 14, A. 106, 1890. Sec. 15. [Assessors Shall Visit in Person or by Deputy the Residence of Each Taxpayer.] — That the said assessor shall in person, or by duly authorized deputy, visit the domicile, resi- dence, or office, of each person, company, firm, corporation, bank, exchange, or association of two or more individuals, and shall fill out with the name and postoffice address the said list as pro- vided for in this act, which each person who owns, possesses or controls any taxable property in his own right, shall sign and swear to, and a separate list shall be filled out with the name and postoffice, and shall be signed and sworn to by each person, in each separate capacity in which he may possess taxable prop- erty, such as cashier, president, treasurer, secretary, liquidator, REVENUE. 21 master, superintendent, manager, sequestrator, receiver, keeper, curator, tutor, agent, usufructuary, and every other representa- tive or official capacity. S. 15, A. 106, 1890. Sec. 16. [Blank Assessment Forms.] — That the assessors of the several parishes, parish of Orleans excepted, shall be fur- nished by the Auditor of Public Accounts within the time pre- scribed by Section 12, with blank forms of assessments, as fol- lows, viz : Parish of , value of lands, value in lots, squares, or parcels of ground, incorporated or unincorporated cities, towns or villages, with all residences, houses, bu Idings, or other improvements thereon, number of and value of horses, mules, mares, geldings, cattle, sheep, goats, hogs, and all other live animals, value in cash to be based on actual market value of capital stock, shares, etc., of all persons, association of persons business firms, corporations and pools, less than real estate. Value of all steamboats, steamships, barges, and other water crafts. Value of merchandise of stock on hand. Value of house- hold goods, silverware, silverplate, jewelry, etc., not exempt from taxation. Value of annuities, salaries, incomes, etc., of all persons, associations of persons or business firms and corjDora- tions not subject to license. All moneys loaned or in possession ; cash value of all bonds liable to taxation, notes, judgments, and other credits. Cash value of all other property subject to taxation. Consolidated agricultural statistics of parishes. Number of acres in parishes. Uncultivated. Cultivated. In cane. In cotton. In rice. In corn. In oats. In wheat. In hay. 22 REVENUE. lu i)otatoes. lu sorgbuin. In rye. lu jute. In meadow or pasture. Total. PRODUCTS RAISED LAST YEAR. Barrels of molasses. Hogsheads of sugar. Barrels of sugar. Bales of cotton. Barrels ot rice. Bushels of corn. Bushels of oats. Bushels of wheat. Bales of hay. Bales of jute. Bushels of rye. Bushels ot potatoes. Barrels of sorghum. White children between six and eighteen years. Males. Females. Colored children between six and eighteen years. Males. Females. And it shall be tlie duty of the said assessors to list and assess all property within their respective parishes in accordance with the foregoing blank, taking care to list and assess each and every species of property separately, as herein provided, and to correctly return the consolidated agricultural statistics thereto attached. The assessor, in assessing lands and lots, shall take into consideration the enhanced value of the same arising from the buildings and improvements thereon, such as residences, barns, cribs, sugar mills, rice mills, gin houses, cabins, and machinery. S. 16, A. lOG, 1890. REVENUE. 23 Sec, 17. [Duty of Assessors to Administer Oath to Taxpayers.] Tliat each tax assessor, in person or by a duly qualified deputy, is hereby authorized to administer the oath or affirmation attached to the said list in the manner required by law for administering- oaths ; and is required, in person or by deputy, to actually administer the said oath or affirmation orally to the person signing same; and should any tax assessor or deputy sign such jurat without having actually administered said oath, he shall be guilty of nonfeasance and malfeasance in office, under Article 196 of the Constitution, and the tax assessor shall be liable on his bond for all the taxes due by the person purporting to have taken said oath or affirmation, and shall forfeit all his commissions and shall be at once removed from office by the Governor. And furthar, that any wilfull misstatement to the assessors, or any authorized deputy, made under oath, shall be considered and punished as perjury, as provided by the laws of this State in other cases. S. 17, A. 106, 1890. Sec. 18. [Valuation of Property for Assessment.] — That the tax assessors shall fill up the column for valuation with such valuation of each item of property as he considers just; and if any person shall fail or refuse to sign one of the said tax lists within the time prescribed by law, the tax assessor shall obtain his name, ward, street, number and postoffice address, and a full description and valuation of all the property of said person in whatever way he can, and shall himself fill out said lists from the best information he can obtain, and shall fill up the column with his own valuations ; and to that end he is authorized to administer oaths and propound questions to any person whom he supposes can give information in relation thereto. In mak- ing all assessments it shall be the duty of the assessor to give a correct and accurate description of each piece of property assessed and to assess the same in the name of the owner, except in the case of unknown owners, and it is hereby made his special duty to examine into assessments that have been carried over on the rolls from year to year without having been given in by W 24 REVENUE. the owners, and to see that all such property is assessed under a correct description in the name of the owners, and to that end he shall make all necessary inquiries as to the facts from any and all sources and as to the law from the district attorney, whose duty it is to advise him in all such cases. S. 18, A. lOC^ 1890. Sec. 19. [Property Shall be Assessed at its Actual Cash Value ; Oath of Taxpayer.] — That all real and personal property subject to taxation, as enumerated in Section 1 of this act, and not exempted by law, shall be estimated by the assessors of the several parishes of the State, parish of Orleans ex- cepted, at its actual cash value upon the blank lists furnished by the Auditor of Public Accounts, in accordance with this act; and in case the valuations so made by the said assessor are, in the opinion and belief of the taxpayer, in excess of and beyond the cash value of the personal or real property, the said assessor shall make or cause to be made a duplicate list of said property, and shall then and there administer to the said taxpayer the oath or affirmation as follows, viz : "I swear, or afiirm, that the valuation affixed oiDposite each item of property in the foregoing list is the actual cash value thereof, according to the best of my knowledge, judgment, and belief, so help me God. Sworn to and subscribed before me this day of A. D., 18 — P The assessor shall subscribe such duplicate lists and submit them to the board of reviewers as hereinafter provided for. S. 19, A. lOG, 1890. Sec. 20, [Assessor's Power to Investigate Books and Accounts.] That the assessor in person, or by deputy, shall have the right and power to require of any property holder an inspec- tion of his books and accounts and shall have the right to examine in full the same, and may from his books and accounts, make an estimate of the value of the property to be assessed. He shall also, if necessary, put upon oath the owner or agent, or employees of the owner, and propound to him or them such questions as will elicit from him or them the actual cash value of REVENUE. 25 the property. The assessor shall have the right and power to inquire into the insured value of all the property, or into the value at which the same had been insured previously, and in assessing stack on hand or merchandise the average amount of insurance during the year previous to the assessing, which had been carried on merchandise or stock, or fixtures by the owner or agent, shall be taken into consideration ; provided, that if the assessors (parish of Orleans excepted) find or have reason to believe that the list of taxable property furnished by any person is incomplete or incorrect, they shall add thereto a supplemental list containing a description and valuation of all the property of the person signing said list, which has been omitted or incor- rectly described therein ; provided, no change in any list of property rendered shall be made until the taxpayers be notified to appear within ten days and show cause why such change should not be made. S. 20, A. 106, 1890. Sec. 21. [Completion of Tax List and Notice Thereof.] — That immediately after the listing and estimation of the valua- tion of all real aud personal property shall have been completed by the assessors (parish of Orleans excepted), which shall in all cases be done on or before the first day of June in each and every year, the said assessors shall give notice by publication in some newspaper published in their respective parishes, and if there be no newspaper published therein ; by posting on the court- house door of the parish for the period of ten days, that the listing of the property has been completed, and the estimated valuation made therein by the said assessor in accordance with law, and that the said list shall be exposed in the ofiflce of the said assessor for inspection and correction for a term of twenty (20) days, beginning next after the ten (10) days required for notice as herein provided shall have expired. S. 21, A. 106, 1890. Sec. 22. [Police Juries as Boards of Review.] — That the police juries of the several parishes (parish of Orleans ex- cepted) throughout the State be and are hereby appointed and 26 REVENUE. coustituted boards of reviewers for their respective parishes. S. 22, A. 106, 1890. Sec. 23. [Boards of Review ; Time of Meeting ; Duties ; Com- pensation.j — That the said board of reviewers shall meet on the first Monday in .Inly of each and every year, or as soon thereafter as possible, and the several assessors throughout the State, parish of Orleans excepted, shall lay before the said board all of said lists of property with the estimated (actual) cash value thereof, extended and listed and valued by the said assessors as aforesaid, together with the lists and valuation, made under oath as aforesaid, of those property owners who believe the assessors' valuation to be in excess of and beyond the actual cash value of the personal or real property therein enumerated, and the said board shall proceed at once to arbi- trate upon the said lists of property and cash valuation, and their decision shall be final, unless set aside in accordance with Article 203 of the Constitution ; the said board of reviewers shall then proceed to examine all the aforesaid lists of real and personal property submitted to them by the said assessors, and should they find any property to have been illegally or wrong- fully assessed in the listing or valuation thereof, it shall be their duty to correct the same, and they shall also equalize the assess- ments of all property of like character and relative value within their respective parishes, in accordance with Article 203 of the Constitution; provided that no valuation made by the assessor shall be increased unless the taxpayer is served with notice to appear before said board, within five days, and show cause why such increased assessment should not be made. Such summons shall be signed by the president of the board, service therein, and return made in the manner now provided by law in the case of ordinary subpceuas. The said board shall have the power to summon and compel the attendance of witnesses, interrogate them under oath concerning any matter before them, and after having passed upon and determined the correctness of any list and the valuation thereof, the same shall become final unless REVENUE. 27 set asifle or chauged, as provided by law. The members of said board of reviewers shall receive the same pay, for such leugth ot time as tliey may be iu session, as dow allowed to police jurors ; provided, that if the session extends longer than fifteen days from date of service, only pay for that length of time shall be allowed. IS. 23, A. lOG, 1S90. Sec. 24. [Board of Assessors, Orleans Parish; Their Duties.] — That in the parish of Orleans all the assessors iu and for the said parish, w^ho are hereby constituted a board of assess- ors for said parish, shall meet on the second day of January in each year, or if a holiday then the next succeeding day not a holiday, and daily tliereafter, until the assessments shall liave been completed (Sundays and legal holidays excepted) which shall, in all cases be done on or before the first day of March of each year; their office hours are hereby fixed at from nine o'clock a. m. to four o'clock p. m.; they shall obtain the original lists, and shall proceed to assess the valuation of each item of property within their districts and it shall be their duty to place a valua- tion thereon according to the best information, kuowledge and judgment they possess, to the end that the actual cash value may be ascertained, being governed by the proper system ot equality and uniformity iu assessment. Any four assessors in the parish of Orleans shall constitute a quorum to perform the duties herein prescribed. It a majority of the assessors in the parish of Orleans cannot agree upon a definite valuation of any item of property, then an average of all the valuation placed thereon by the several members present shall be made, and said average shall be the valuation placed upon said items. The said assessors shall give notice, by ten days publication in two daily journals, immediately upon the completion ot the assessment of the property that the assessment of the property has been com- pleted, and the estimated valuation made thereon, and the said lists -will be exposed iu the office of the board of assessors, for inspection and correction for a period of ten days, beginning next after first insertion of said notice. The failure of any of said 28 REVENUE. officers to attend and perform the duties herein prescribed, shall vacate his office, excepted when prevented by sickness or other unavoidable causes. That in the parish of Orleans it shall be the duty of the iiegister of Conveyances to furnish, without payment of fee being required, weekly to the board of assessors a copy of all transfers of property, including that of property sold to others or adjudicated to the State for taxes as well as acts of redemption, all transfers of property must be accom- panied by a diagram of the square showing the property con- veyed for the proper guidance of the assessor. It shall further be the duty of every one recording a judgment of court "putting in possession" to describe the property. S. 24, A. 109, 1890. Sec. 25. [Duty of the Taxpayer to Make a Sworn Return of Ms Property.] — That it is hereby made the duty of every taxpayer in the parish of Orleans to make return of his property daly sworn to, within ten (10) days after the list for such purpose shall have been lett at his domicile or place of business, and any owner, agent, administrator, executor, or other representative, shall have no standing in court for a wrong description (whether in name, measurement or otherwise) unless written complaint thereof was made during the period when the lists are open for public inspection and correction ; and the prop- erty of such owner, agent, administrator, executor or other rep- resentative so assessed shall be deemed properly described. Any assessment made in the name ot a party, deceased, shall be good and valid throughout the State, unless notification in writing of the death, and whether or not the succession has been opened, and when and where, shall have been made in due season to the assessor by the heirs or parties interested. And in all cases property assessed in the name of the owner as appears on the record of the mortgage or conveyance office at the date of listing shall be deemed properly assessed. S. 25, A. 106, 1890. Sec. 26. [Right of Taxpayer to Appear Before Committee on Assessments; Duties of Said Committee.] — That all taxpayers in REVENUE. 29 the parish of Orleans shall have the right to appear before a standing Committee on Assessments of the City Council of New Orleans between the 21st day of March and the 10th day of April inclusive, of the year in which the assessments are made and in the parishes before the Board of Keviewers, as provided for in this act, during the sessions of said board, and be heard con- cerning the descriptions of the property listed and the valuation of the same as assessed ; and they shall have the right of testing the correctness of their assessments, before courts of justice in in any procedure which the Constitution and laws may permit; but the action to test such correctness shall be instituted on or before the first day of IS^ovember of the year in which the assess- ment is made. In all suits for the reduction of assessments the State tax collectors of the respective parishes shall be made parties. The said committee on assessment shall meet on the 21st day of March, or if a holiday, then on the next succeeding day not a legal holiday, in the city of Xew Orleans of each year, to consider, and examine into the applications of those owners of assessed property, who believe the assessors' valuation to be in excess of and beyond the actual cash value of the property assessed. Said committee shall determine upon said applica- tions, but their duties are confined entirely to the question of valuation and description, and report their action at once to the City Council for approval or rejection ; said report to contain the affidavit of a majority of the committee that the valuations so fixed are the valuations provided by law; and decision by the council shall be final, unless set aside in accordance with Article No. 203 of the Constitution. That the said Committee on Assessments shall be and are hereby empowered to increase any assessment imperfectly or improperly made ; provided, that before said increase is made the taxpayer be served with notice to appear before said committee within three days and show why snch increased assessment should not be made. In passing upon any application for reduction in valuation, and before 30 REVENUE. determining upon any increase in valuation, the Board of As- sessors must be heard in reference thereto, and they are expected to be present at all sessions of said committee. Xo application to be considered by the said committee unless said application has been first made to the board and refused. In all cases the action of said committee to be finally reported back from the council to the assessors not later than the 18th of April, or the revision to be null and void. Provided, whenever the assess- ment of real property by the assessors throughout the State shall be found by the court, before whick the suit for reduction shall have been brought, to exceed by 50 per cent or more the cash value of such property, it shall be establishel that, iiot- withstandiug due application in writing to said assessors for reduction, they have refused to accede thereto, then and in such case it shall be the duty of the court, in rendering judgment allowing the reduction, to condemn the assessors, or the mem bers of said board of assessors in solido, to the payment of all the costs of suits; and on their failure to pay the said costs, after execution issued therefor against them individually and a return thereon of nulla bona, the sureties of said assessors on their oliicial bonds shall become liable therefor; and provided further, that whenever judgment shall have been rendered by a court of justice reducing the assessment of real estate for a particular year, and the assessors shall lor the next succeeding year assess tLe property, when in the same owner's name, again at a valuation exceeding that fixed by such judgment, and shall have persisted in maintaining their assessment, notwithstanding due application in writing to them for the reduction to the valua- tion fixed the previous year by the court, then, and in every such case, if the court before which the new suit of the taxpayer for reduction of such assessment shall have been brought, should find that the reductions claimed and which have been judicially allowed the previous year, should again be granted, it shall be its duty in rendering judgment to that effect to condemn at the same time the assessors, or members of said board of assessors REVENUE. 31 iu solido, to tbe paymeut of all the costs of suit, and on their failure to pay said costs after execution issued therefor against them individually, and a return thereon of nulla bona, the sure- ties of said assessors on their official bonds shall become liable for said costs. S. 2G, A. 100, 1S90. Sec. 27. [Assessnieat of Banks. ] — That no assessment shall hereafter be made under that name, as the capital stock of any national bank. State bank, banking company, bankino- firms or banking association, whose capital stock is represented by shares, but the shares shall be assessed at their actual value as shown by the books of the bank, or banks, to the shareholders, who appear as such upon the books, regardless of any transfer not registered or entered upon the books, and it shall be the duty of the president or other officer to furnish to the assessor a com- plete list of those who are borne upon the books as shareholders; and all taxes so assessed shall be paid by the bank, company, firm, association, or cor[)oration which shall be entitled to collect the amounts from the shareholders or their transferees; all real estate owned by the bank, company, firm, association, or corpora- tion, shall be assessed directly to the bank, company, firm, asso- ciation, or corporation, and the pro rata of such direct property taxed, proportioned to each share of capital stock, shall be deducted from the amount of taxes assessed to that share under this section. Such assessment shall be made where the bank, etc., is locatt^d and not elsewhere, whether the shareholders reside there or not. The said book value shall be ascertained upoj a statement duly sworn to by the president, cashier or secretary, and chairman of finance committee, or in the absence of such latter officer thea by one of the directors, showing the assets in detail and the valuation placed upon each, and said valuation shall b« at a fair market value. The sworn statement of the bank's condition made next preceding the date of listing shall be the basis of assessment. Any president or other officer who shall refuse or fail to deliver the said list of shareholders, and said statement of book- value and of bank's condition, within 32 REVENUE. the first twenty days of January of each year to the assessor, shall be guilty of a misdemeanor, and on conviction shall be punished by tine or imprisonment, or both, at the discretion of the court. The district attorney will at once act upon any com- plaint of such neglect or refusal made to him bj' the assessor, or by the board of assessors in the parish of Orleans. S. 27, A. 106, 1890. Sec. 28. [Corporations Not Enumerated in Sec. 27.] — That all other corporations, save those enumerated in Section 27 of this act, shall be assessed directly upon all property owned by such corporations, which is taxable under Section 1 of this act, but unless three mouths prior and continuous ownership can be shown in any holdings of national, State or municipal bonds, or stock in any corporation whatsoever, then the market value of such holdings shall be assessed to such corporation as so much ^'niouey in possession." The sworn statement of condition made next preceding the day of listing shall be considered in making the assessment. A failure to make sworn returns of property and of condition, to the assessor within the first twenty days of January of each year, shall subject the party so failing to the same penalty as provided in Section 27 of this act for failure to make return of shareholders, etc. Such corporations as are liot required by law to make sworn statements of their condition, shall be required to furnish within the first twenty days of January ot each year, under the same penalty as above provided, to the assessor a sworn statement of the cost of their property, real and personal, and of the value at which the same is carried on the books, and in determining the assessment these valuations shall be considered; and further, to furnish a sworn statement of the earning capacity ot the corporation, which said earning capacity shall form a basis of estimating the value of its charter or franchise. Any individual, firm, aisociation or corporation, whose busi- ness may consist in manufacturing or dealing in articles that REVENUE. 33 are exempt, aud in articles that are not exempt, shall l)e rec(uire(l to keep separate accounts thereof, so that the assessor can readily determine the amount of exempt and the amount of taxa- ble property ; and it shall be the duty of such individual, firm, association, or corporation, to make a sworn statement thereof within the first twenty days of January of each year, under like penalty as provided in the foregoing for neglect or failure to make returns. S. 28, A. 100, 1890. Sec. 29. [Railroads, Canals, Transportation and Telegraph Companies.] — That the real estate, roadbeds, roads, iron, track, superstructures, excavations and channels of railroads, canals, and other transportafion or telegraph companies, shall be assessed and taxed in tbe parish, or assessment district where located ; and all other property not specially exemi)ted from taxation by Article 207 of the Constitution belonging to said railroad, canals, etc., shall be assessed a'«d taxed at the domicile or principal office of said railroads, canals, etc., as contemplated by Article 245 of tue Constitution ; but the rolling stock or movable property of any railroad company, telegraph company, canal company or other transportation company, whose line lies partly within this State and partly within another State or States, or whose i^eepinj: cars run over any bne lying partly within this State or partly within another State or State^j, shall be assessed in this State in the ratio which the number of miles of the line within the State has to the total number of miles ot the entire lines. S. 29, A. 106, 1890. Sec. so. [Assessment Rolls (Orleans Parish Excepted) ; How Furnished, When Completed and Filed.] — That the Auditor shaFI furnish to each tax assessor (parish of Orleans excepted) three rolls, in such convenient form as to meet the requirements of this act, and the assessor shall proceed to fill out the said cax rolls from the lists as fast as they are finally passed upon by the board of reviewers, and he shall deposit one tax roll in the office in which the mortgage records of the parish are kept, the second in the office of the tax collector of his district, or in the office of 3 M REVENUE. the sheriflf, aud the third iu the office of the Auditor, as soou as possible before the first day of September, iu the >ear 1891 and aunually thereafter. The said dejiosit of the tax rolls by the assessor iu the office of tax collector or sheriff shall be full war- rant for the said tax collector or sheriff throughout the State to collect all taxes as provided by law. That the State aud parish taxes shall be extended upon each of the copies of the roll to be delivered to the recorder and to the tax collector (parish of Orleans excepted.) S, 30, A. 106, 1890. Sec. 31. [Time at Which Rolls Shall be Completed and Filed.] That iu the parish of Orleans the several assessors shall by the first day of May of each year furnish the Comptroller of the City of New Orleans a complete assessment roll; and shall furnish a like roll by the first of June to the recorder of mort- gages, and by the first of .inly to the State tax collectors iu so 'far as their respective districts are concerued; and a like roll by the first, of August to the State Auditor. Aud the rolls thus made up shall serve as a basis for all State and city taxation for the year iu which they are made. S. 31, A. 106, 1890. Sec. 32. [Duty of Recorder of Mortgages Upon Receipt of Tax Roll.] — That the recorder of mortgages shall immediately file tax roll delivered to him and shall retain and keep the same among the record books of his office, and it shall be and consti- tute a part of the records of the same; said tax inscription in the mortgage office shall not operate as a lien or mortgage upon the property, uutil the 31st day of December of the current year. He shall index the said tax roll in the current mortgage book under the head of " tax roll for the year 1891," aud each subsequent year respectively, but no further record thereof shall be necessary or be paid for ; provided, that the failure of the recorder of mortgages to mark the said tax rolls " filed " or to index the same shall in no way prejudice the rights of the State or any parish or municipal corporation. S. 32, A. 106, 1890. RK VENUE. 35 Sec. 33. [Filing of Tax Rolls to Act as Mortgage Upon Each Piece of Property.] — That tVom the day said tax roll is filed in saio, 1888. Sec. 64. [Tender Required by Article 210 of the C-jnstitution ; How, When and to Whom Male] — That the tender required from the owner of property adjudi(;ated to a purchaser for taxes due in accordance with Article 210 of the Constitution, may be made t,o and deposited with the tax collector, or ex officio tax collector making said sales, or his successor in office; provided the same be made within the time required by said article ; provided, fur- ther, that said tender to and deposit with the aforesaid officer can be made only when the purchaser cannot be found. S. 64, A. 85, 1888. ■ Sec. 65. [Order of S jizure ; How and by Whom Made.]— That upon presenting a certified copy of said deed to any judge of competent jurisdiction, to be determined by the value of the real estate therein contained, and not the amount of the taxes, the judge shall, in chambers, grant an order of seizure and pos- session, commandina: the sheriff to seize said property and place the purchaser in actual possession thereof; and writ of posses- sion shall be issued thereon by the clerk, but the purchaser nmy take actual possession without such order, with the consent or acquiescence of the tax debtor or otherwise; provided, no force or violence shall be used. S. 65, A. 85, 1888. 52 REVENUE Sec. CG. [Rents and Revenues on Property Purchased at Tax Sale.] — That from the date of recording said tax deed, all the rents and revenues of the property therein conveyed shall belong to the purchaser, and shall be paid to him, and all taxes thereon,, shall, after that date, be assessed to and shall be paid by him,, until the said property be redeemed. If redeemed, the person redeeming shall pay all the taxes assessed upon said property,, subsequent to the tax sales. All actions to annul tax sales for any irregularities or informalities, of whatever nature, shall be prescribed by two years from the day the t,ix collector's deed is recorded. S. GC}, A. 85, 1888. Sec. 67. [State Auditor Authorized to Cancel Erroneous Assess- ments.] — That upon statement of the facts, made under oath and verified and approved by the assessor and collector of the parish or district in which the property is situated, that the assessment is a clerical error, or an erroneous or double asst-ssment, or that the property is exempt by Article 2i)7, Constitution, from taxa- tion ; the auditor shall authorize the collector to cancel the assessment on the roll on file in his office, and the record«r of mortgages to erase and cancel inscri])tion of tax mortgnge, and if sold to cancel the sale. S. 67, A. 85, 1888. Sec. 68. [Taxes Paid Prior to Sale.] — That on the production of the receipt of the collector of State taxes, duly made and bearing date prior to the time the property was adjudicated to the State, in default of bidder, the auditor shall furnish the owner of such property a quiet claim of the title of tbe State and shall charge the collector with taxes allowed thereon and costs^ together with twenty per cent damage, to be collected .as any other money for which such collector may be in default. S. 68, A. 85, 1888: Sec. 69- [Errors in Assessments.] — That if any error in the description of any property or owner's name be discovered by the tax collector or sheriff, it shall be his duty to note the cor- rect description and name on the tax rolls, and to advertise and sell said property by its correct description ; provided, no such REVENUE. 53 change shall be made without ten days' notice to the real owner of such property, and the proof of such service shall be in writing and filed in the tax collector's office. S. 69, A. So, 1888. Sec. 70. [Subsequent Mortgages, etc., Not to Affect Taxes As- sessed.] — That no sale, pledge, mortgage or other alienation or encumbrance of property made after the tax roll shall have been filed in the office of the recorder of mortgages, shall affect the taxes assessed thereon, but the same shall still be seized, adver- tised and sold as the property of the taxpayer to whom assessed to enforce payment of delinquent taxes. S. 70, A. 85, 1888. Sec. 71. [Unknown Owners.] — That whenever property has been listed and assessed in the name of unknown owners, or to persons other than the real owners, and the tax collector shall subsequently discover the real owner thereof, it shall be his duty to at once notiiy the said real owner that certain described prop- erty belonging to him or her has been assessed to unknown owners, or to any other person or persons, and calling upon him or her to come forward within ten days from the service of said notice, and show cause why the listing and valuation of the said property should not stand as final; and the said collector shall also at once notify the assessor of the fact that a certain described property or properties, assessed to unknown owners, or to per- sons other than the real owners has been discovered to be the property of a certain named person or persons, and the said assessor shall, after ten days' notice to the owner, make the necessary correction upon his rolls and the rolls in the offices of recorder of mortgages and auditor of public accounts. S. 71, A. 85, 1888. Sec. 72. [How and With What Moneys Taxes and Licenses May "bePaid.]— That all taxes assessed under this act maybe paid in any money which at that time is la egal tender for private debts of the same amount under the laws of the United States, and the said tax collectors are authorized and required to receive in payment ■of taxes and licenses due the respective funds of each year, all valid warrants of the State, which may have been drawn as 54 REVENUE. directed by law agaiust said fund, and the said tax colloctors are hereby required to give a receipt to the person or persons from whom they shall receive any warrant for taxes or licenses, and shall furnish the auditor with a sworn statement of the per- sons who have thus paid their taxes and licenses, and the amount received from each. And the auditor is hereby instructed to include such statement in his report. iSTo collector shall receive or turn into the treasury dny other warrants than those included in said sworn statement, aud which have actually been received by him in payment of taxes and licenses by tlie tax and license payers, and any tax collector violating the provisions of this sect'on shall be deemed guilty of a crime, and on conviction shall be punished by imprisonment at hard labor for non less than one nor more than five years. No parish or municipality shall receive for parish or municipal taxes any bond, -coupons, or warrants, approved accounts or any evidence of indebtedness, except juror and witness certificates, which the said parishes are hereby authorized to receive for taxes. S. 72, A. 85, 1888. Sec. 73. [Sheriffs, Notaries and Others Prohibited from Pass- ing Acts Unless Taxes are Paid.] — Hereafter neither recorders, sheriffs, notaries throughout the State, nor other persons authorized to convey real estate, by public act shall pass or execute any act, or take any acknowledgement to any act under private signature, for the sale, transfer, donation, partition, exchange or other conveyance of any real estate, unless the State, levee district, i)arish and municipal taxes due on the same prior to the act be first paid, to be shown by the receipt or certificate of the officer having charge ot the collection of said taxes or by the certificate of the State auditor, city comptroller or other officer having charge of or keepiug the accounts of any municipal corporation or parish of this State, said certificates to be annexed to such act and be conclusive evidence of the payment of all taxes therein certified to be paid, and shall exonerate the notary, sheriff or recorder from all responsibility whatever. S. 73, A. 85, 1888. REVENUE. 55 Sec. 74. [Penalty for Violating Sec. 73.] — That any notary public or recorder violating- this act shall be guilty of a misde- meanor, and the act oli'ered in evidence shall be prima facie evidence of guilt. The district attorney, on the offense being made known to him, shall proceed against such officer by indict- ment or information, and on conviction such officer shall be fined not less than one hundred dollars ($100) nor more than two hundred dollars ($200). S. 74, A. 85, 1888. Sec. 75. [Returns to Auditor and Police Juries of Taxes Col- lected.] — That the several collectors of taxes in making their return to the auditor of public accounts and police juries of moneys collected for the State and parish taxes, to be paid into the treasury, -shall state separately in such returns the amount of the general fund, interest, levee and school taxes so collected ; also the amount collected for poll tax and for licenses, and for such other taxes as may be assessed or levied by the State or parish. The auditor of public accounts shall furnish suitable blanks for making such returns. S. 75, A. 85, 1888. Sec. 76. [Time for Quarterly and Final Settlements of Taxes.] — That within the first ten days of April, July, October and Jan- uary, respectively, the tax collectors of the several parishes throughout the State (parishes of Orleans excepted) shall render their respective accounts for all taxes collected, or moneys re- ceived on account of the State during the preceding months, and pay the same over to the State treasurer ; and for that pur- pose the said tax collectors shall make and transmit to the auditor of public accounts, a statement whether or not they have collected any taxes^within the preceding months, and with an oath taken and subscribed appended thereto that the same contains a faithful account of all taxes collected, and the amount received, if any, from licenses to persons pursuing trade, profession or taxed occupation ; similar settlements for all parish taxes and licenses shall be made by the tax collectors during the first week of each month with the parish treasurer; that all tax collectors shall make their final settlement with the auditor of public accounts 56 REVENUE. and police jury within teu days after the twentieth day of July of eneh year; and eveiy collector failing to comply with this section sb;ill be proceedrd ngiiust as provided by law. 'i'he tax collectors for tlie uaiisli ofOrlc;nis shall make monthly set- tleiaents with the ;i i id itoi'*, 1888. Sec. 88. [Taxes Paid by Other Than the Person Assessed.]— That the State tax collector, on behalf of the State and parish 62 REVENUE authorities aud muueipal authorities of the various to^us and city goverumeuts throughout the State are hereby aushorized and empowered to receive jjax^Dieiit from any person otlier than the person in whose name the property lias been assessed, of any taxes demandable by such State, parish or municipal corpora- tions, after the date upon which such tax becomes delinquent and to subrogate the payee of the same to all rights, lieus and mortgages of the said State, parish or munici[);il carporations, incident to or growing out of said tax, aud irs record in the office required by law; provided, that three days' tiotic.e shall be given the tax payer by the sherili or tax collector by mail or otherwise, and if by mail, time to be computed from date of mailing uotice ; and the sheriff shall be entitled to receive t.venty live cents for said notice, to be paid by party ap[)lyingto l)e substituted in lieu of the i"- tate ; provided, that said notice shall not be required if the property on which the taxes are due have been advertised for sale without prejudice to any privileges or mortgages of the State, parish or municipal cor[)orations lor otlier taxes than those that may become due in the future. S. 8S, A 85, 1.S88. Sec. 89. [Distribution of the State Tax.]— That the said annual taxes are levied tor the year 1894, and for each subse- quent year tor ihe following purposes, to wit : 1st. That two and three quarter mills on the dollai- is levied for the purpose of paying interest on the Constitutional bonds of the State of Louisiana and the New Consols of the State author- ized by Act No. 65 of the Acts of 1892 and the surplus to be ap- plied to the General Fund, if necessary to keep the General Fund on a cash basis. 2d. That one mill levee tax is levied for the construction repairing and maintaining of levees and shall be placed to the credit of the General Engineer Fund. 3d. That one and one-quarter mills is levied for public education for the purpose following, to-wit: Ist, To pay the interest on the free school fund, under the first clause of Art. 233 Constitution. REVENUE. 63 2d. To pay the interest ou the Seminary Fund under the second dause of said .Article of the Constitution. 3d. To pay the interest on Agricultural and Mechanical College fund, under the third clause of said Article of the Con- stitution. The remainder of said public education shall be applied to the establishment, maintenance and support of public schools throughout the State, under Article 224 to 233, both inclusive of the (Joustitniion. •Ath. One mill general fund tax is levied for the following purposes, towit : 1st. To carry on and maintain the government of the State and public institutions thereof. 2d. To suppress insurrection, repel invasion or defend the State in times of war should either occur, and 3d. To supply citizens of the State who lost a limb or limbs in the military service of the Confederate States with substan- tial limbs during life. The several iunds h«-iein i)rovided for shall be continuous funds and the State Treasurer and Auditor shall without legis- lative action, transfer any and all balances remaining in the Treasury to the credit of the separate funds after providing for the payment of all warrants drawn against said funds lor any year to the credit of tke same funds for each succeeding year ; provided, this does not apply to the surplus arising trom the interest fund if it becomes necessary to transfer such surplus to the General Fund as herein provided. S. 1, A. 178, 1894. Sec. 90. [Interpretation of Words.]— That the lollowiug rules for the taxation of persons and property are hereby estab- lished, to- wit : 1. The term "real estate" shall he held to mean and include not only land, city, town and village lots, but all things there- unto pertaining, and all structures and other things so annexed and attached thereto, as to pass to the vendee by the convey- ance of the land or lot. 64 REVENUE. 2. The phrase "peisoual property," or ''movable property," sliall be held to nieau and include all things other than real estate, whi<'h have any pecuniary value, and moneys, credits, investments in bonds, stocks, shares in joint stock companies or otherwise. 3. The term "money" or -'moneys" shall be held to mean and include gold, silver anil other coin, bills of exchange, bank bills or other bdls or notes, authorized to be circulated as- money, whether in possession or subject to the draft of the de- positor or the person having the beneficial interest therein on demand. 4. The term credit includes every claim and demand for money, labor, merchandise and other valuable things. 5. The word "person" or "persons," taxpayer" or "tax payers," shall be held to include firms, com[)auies, associations and corporations; all words importing the masculine gender shall ai)ply to females also, and all words in the plural number shall api>ly to single individuals in all cases in which the spirit and intent of this act require it. 6. The words "actual cash value," or "actual cash valua- tion," shall be held to mean a price that any piece of real estate or personal or movable property would sell for cash in the ordi- nary course of business, free of all incumbrances otherwise than by forced sale. S. 90, Act 85, 1888. Sec, 91. [Sale of Property for Taxes not to Affect Anterior Taxes.] — That no sale of property due for taxes of the year im- mediately past due, shall in any manner eflfect, invalidate or extinguish the claim of the State, or any municipality or parish for the taues due on said i^roperty for any previous year or years either before or since the adoption of the Constitution. S. 91, A. 85,1888. Sec. 92. [Repealing Clauses ] — That all laws providing for the forfeiture of j)roperty for taxes, and all laws providing for the publication or recording of delinquent lists, and all those parts of law on the subject of levy, assessment and collection of REVENUE— MISCELLANEOUS ACTS. 65 State taxes, heretofore enacted, which are in conflict with the Constitution of the State, or are inconsistent with, or sl perseded by, or coiitrarj^ to, or in conflict with the provisions of this act, be and the same are hereby repealed, and that the provisions of this act shall take effect from and after its passage. S. 92, A. ^5, 1888. Revenue — Miscellaneous Acts. 93 94 •95 fS. 90, A. 42, 187L]— Embezzle- ment of public money ; defini- tion thereof; fin ty. [S. 47, A. 'J6, 1877.]— Insum- ciency of tax collector's bond; Anditor, president of police jnry or any taxpayer conii)e- tent to prefer charges ; insolv- ency of sureties to vacate office ; judgment rendered against tax collectors for malfeasance or neglect shall not discharge sureties. [S. 48, A. 96, 1877.]— Auditor shall have supervision of tax collectors ; district attorneys shall act under his instructions in certain cases. [S. 1, A. 19, 1878.]— Bond and oath of public officers. State district and parochial ; to be filled within thirty days after receipt of commission. [S. 2, A. 19, 1878.]— Failure to file bond shall vacate office ; Governor shall till vacancy. [S. 3, A. 19, 1878.]— Failure to make oath and tile bond shall vacate office. 99. [S. 1, A. 52, 1880.] — Sheriffs (Parish of Orleans excepted) shall be ex-officio collectors of State and parish taxes. 5 96 97 98 100. [S. 2, A. 5-2, 1880.]— Amount and conditiims of sheriff's bond; sureties. 101. [S. 3. A. 52, 1880.]— Amount and condition of tax collector's bond ; sureties. H2. [S. 4, A. 5-2, 1880.]— Sureties on sheritt" and tax collector's bond shall reside in same parish ; oath of sureties ; bonds ap- proved by president of police jury and clerk of court; bonds shall be recorded and copies filed with State Auditor. 103. [A. 22, 1884.] — Notice to be given l)y sheriff when property is sold under twelve months' bonds ; costs deducted from price of adjudication. 104. [S. 1, A. 3ri, 1884.]— Police juries shall provide abstract of land entries for use of assessors ; Au- ditor shall furnish blank town- ship maps. 105. [S. 2, A. 38, 1884.]— Assessor shall visit in person or by deputy all taxable property. 106. [S. 1, A. 59, 1884.]— No collec- tion of taxes during years of public calamity on property affected. 107. [S. 2, A. 59, 1884.]— Postpone- ment of taxes on account of 66 REVENUE-MISCELLANEOUS AC 1 S. Reven qe — Miscellaneous Acts — Continued. overflow; affidavit of taxpayer; taxes sliall Lear neither inter- est, costs nor penalties; sworn statement of tax collector to be filed with Auditor. 108. [S. 3, A. 59, 18f'4.]— False swear- ing under this Act. 109. [Act 82 of 1884, Title.] -Sale of property for taxes due prior to 1879. 110. [S, 1, A. 26, 1886.] Tax privi leges and mortgages prescribed in three years. HI. [S. 2, ,A. -26, 1886.] — Recorders to cancel tax privileges and mortgages when taxej arfe'^aid in full. : 112. [S. 1, A. 87, 1886.]— Jurors and Avitnesses in criminal cases shall exhibit poll tax receipt before receiving compensation. U.S. [S. 2, A. 87, 18Sl).]-Poll taxes, if not ]>aid, to be deducted from compensation <>f jurors and witnesses. 114. [S. 3, A. 87, 1886.]— R.^port to be made to tax collector of poll taxes withheld. 11.'). [S. 1,' A. 73, 1890.]— Peddlers must procure license before carrying on business. 116. [S. 2, A. 73, 1890.1- Tax collect- ors authorized to issue license Xilates or badges ; charges for same. 117. [S. 3, A. 73, 1890.] -Penalty for fnilure to exhibit license plates or badges. 118. [S. 1, A. HS, b-88.]— Recorders, sheriii's, notaries and others are prohibited from executing acts for the sale, transfer or exchange of real estate unless three years' taxes are paid. 119. [S. 1, A. ^9, 1888.] -Assessors re- (ITiired to render list of poll taxpayers to the schocd board; penalty for failure. 120; [S. 2, A. 89, 188-i.]- -Tax collect- ors shall render to the school board a list of persons whO' have paid poll taxes and list of delinquents with reasons for non-collection. 121. [S. 8, A. 89, 1888.]— Penalty for failure to show cause of non- collection. 122. [S. 1, A. 89, 188-!.]— Sheriffs may be made to show cause in cham- bers. 123. [S. L A 92, 1888.]— Boards of commissit)ners for the assess- ment of railroad, telegraph and telephone ]iroperty. 124. [S. 2, A. 92, 1888.] -Meetings of connuissioners ; organization ; duties; report to the jissessors. 125. [S. 3, A. 92, 1888.] Time and place of meetings to be selected by the Auditor ; compensation <>\' I'lmmissi oners. 126. ,-. ;, A. 70, 1892.]— Assessors required to list all persons, firms and corporations subject to license tax in a sepai^ate books, to be kept by tehm. 127. [S. 1, A. 99. 1-94.]— Assessors shall furnish list of license pay- ers to the State Auditor during third quarter of each year. 128. LS- 3, A. 70, 1892.]— Penalty for failure of assessor to furnish State Auditor Avith list of li cense payers. 129. [S. 1,A. 140, 1890.]— What shall constitute a legal assessment. 130. [S. 2, A. 140, 1890.]— Assessment in the Uiinie ol a person who REVENUE— MISCELLANEOUS ACTS. 67 Revenue — Miscellaneous Acts — Continuea. v.n appeared to be owuer of the property is siifificient for taxa- tion and tax sal<'S. [S. 8, A. 140, 1890.] -Assessment or tax sale not to be annulled for error in description, pro- vided the property can be iden- tified. 132. Lf^- 4, A. 140. 1890.]- Tax sale to convey the entire property. [S. 5, A. 140, 18;»ii.]— This Act shall apply to assessment and tax sales for State, parish and municipal taxes. [Act 10, 1894.] --Time of filing statements i'or postponement of taxes on account of overfloAV. [S. 1, A. 8i\ 1894.]— State Au- ditor authorized to compromise ■ claims for taxes. 136. [S. I, A.:?3. 1894.]— Certain mer- chandise or stock- in trade to 133. 134. 135. be listed for taxation after completion of rolls ; duplicate of such assessment to be fur- nished the State Auditor. 137. [S. 1, A. US, 1896.] -Governor authorized to susjiend from of- fice defaulting tax collectors. 138. [S. 2, A. 118, 18JG.]— Defaulting tax collectors to be suspended from office if settlement is not made in ten days after being notified by the Governor. rSd. [S. 3, A. 118, 1896.] -Penalties against tax collectors to remain in force. •l40. [S. 4, A. 1.8, 189ii.] -Governor •'uipowered to direct the Au- ditor to take charge of the books, rolls and papers of sus- pended tax collectors ; duties of district attorney. Sec. 03. [Embezzlement of Public Money ; Fine and Penalty.] That if any offifer or otlier per.sou, cliarged with the collcc- lectio\>, rpceipt, safe keeping", transfer or disbursement of the public money, or any part thereof belonging to the State, or to" any pariah or organized city or village in this State, shall fail to iDay over the same' according to law; or shall convert to his own use, or to the use of any other person or persons, body cor- porate, association or party whatever, in any way whatever, or shall use, by way of investment in ain* kind of security, stock, loan, iiroperty, land or merchandise, or in any other manner or form whatever; or shall loan, with or without interest, to any company or corporation, association or individual ;• or shall deposit with any company-, corporation or individual, except the bank selected by proper authority in which to deposit the funds of the State, any portion of the public money, or any other funds, property, bonds, securities, assets or effects of any kind received, controlled or held by him for safe keeping, transfer or disburse- 68 REVENUE— MISCELLANEOUS ACTS. meut, or in any other way or inauner, or for auy other purpose; or if any person shall advise, aid or in any manner participate in such act, every such act shall be deemed and held in law to be an embezzlement of so much of t le said moneys and other property, as aforesaid, as shall be thus converted, used, invested, loaned, deposited or paid out, a^ aforesaid, which is hereby declared to be a high crime and misdemeanor ; and upon indict- ment and convictiou thereof before anv court of this State hav- ing competent jurisdiction, such officer or person, or persons shall be sentenced to imprisonment in the penitentiary, and kept at hard labor for a term of not less than one year, nor more than twenty-one years, according to the magnitude of the embezzle- ment, aftd also to a fine equal to double the amount of money or property so embezzled, as aforesaid ; and the judgment inflicting the fine, when duly recorded, shflll operate as a mortgage on all of the estate of the person so convicted and sentenced, for the use only of the party or parties, person or persons, whose money or other funds, property, bonds or securities, assets or eftects of any kind, as aforesaid, shall have been so embezzled ; and the said mortgage shall be recorded by the clerk of the court in favor of such person or persons, party or parties; and in all cases such tine so operating as a judgment shall only be released or entered as satisfied by the party in interest, as aforesaid. Any failure or refusal to pay over, or to produce the public money, or any part thereof, by any officer, or other person, under this act, charged with the collection, receipt, transfer, disburse- ment or safe keeping of the public money, or any part thereof, ■whether belonging to the State or to any parish or organized city or incorporated village in this State, or any other public money whatever; or any failure to account to, or make settle- ment with, any proper and legal authority, ot the official accounts of such officer or person, shall be held and taken as prima facie evidence of such embezzlement. And upon the trial of any such officer or person for embezzling public money under the provisions of this act, it shall be sufficient evidence for the purpose of show- ing a balance against such officer or person to produce a transcript REVENUE-MISCELLANEOUS ACTS. 69 froDi the books of the Auditor of Public Accouutsor the recorder of the parish, or the records of the police juries of the several parishes of this State, or the officer or officers having charge of the records of any organized city or incorporated village in this State ; and the refusal of any such officer or person, whether m or out of office, to pay any draft, order or warrant, which may be drawn upon him by the proper officer, in the manner required by law, for any public money in his hands, no matter in what capacity the same may have been received or may be held by him ; or any refusal by any person or public officer to pay over to his successor any public moneys or securities promptly, on the legal requirements of any authorized officer of the State, parish, city or incorporated village, shall be taken on the trial of any indictment against such officer or person for embezzle- ment, as prima facie evidence of such embezzlement. S. 90, Act 42, 1871. Sec. 94. [Insufficiency of Bond; Investigation Thereof.] — That it shall be competent lor the auditor, president of police jury, or any taxpayer of the parish wherein the tax collector as aforesaid has qualified as above, if he thinks the bond furnished by the tax collector as aforesaid insufficient by reason of the insolvency of the securities thereon, or should the security become insuffi- cient at any time after the acceptance of the bond, to present a petition to the district judge, in chambers, who, after ten days notice to the tax collecl|tor, shall pass summarily thereon, and the fintiing of said judge that the said security or securities are insolvent or insufficient shall ipso facto operate a vacancy in said office, unless the said tax collector shall within ten days furnish a new bond as required by this act ; provided, that no judgment rendered as aforesaid shall discharge the securities for any malfeasance or neglect of duty of said tax collector, then, therefore, or thereafter committed, for the time preceding the furnishing and acceptance of the new bond as aforesaid. S. 47, Act 96, 1877. Sec. 95. [Auditor Shall Have Supervision Over Tax Collectors.] That the Auditor of Public Accounts shall have supervision REVENUE— MISCELLANEOUS ACTS. over the tax collectors in tlie performauce of tkeir duties as State collectors, and it is made the duty of the district attorneys, or district attorneys j>ro tempore^ throughout the State, to act under instructions of the Auditor of Public Accounts, either in testing the bonds of tax collectors, or in anj^ other way that they may deem necessary, and that may be called for under the provisions of fhis act, and tlie police juries shall have the same rights of supervision as far as the parish taxes are concerned. S. 48, Act 96, 1877. Sec. 9G. [Bond and Oath of Public Officers.]— That all State, district and parochial officers of this State, whether elected or ai^poiuted, shall be required, within thirty days after the receipt of their commissions, to take the oath of office prescribed by law, and give bond, where bond is required, and cause the same to be filed in the proper office in the manner required by law. S. 1, Actio, 1878. Sec. 97. [Failure to File Bond.j — That the failure of any officer to comply with the requirements of Section 1 of this act, within the limitations therein fixed, shall operate a vacation of such office, and the Governor shall proceed to fill said office by appointment, as in other cases of vacancy. S. 2, Act 19, 1878. Sec. 98. [Failure to File Bond.]— That any officer of this State, whether State, district or parochial, who has heretofore been elected or appointed to office, and who has failed to take the oath required by law, and to give bond, where bond is required, iu accordance with existing laws, shall be required to take such oath and give bond where bond is required, in accordance with existing laws, within thirty days from the date of the promul- gation of this act, and a failure to comply with these require- ments, within the limitations fixed, shall operate a vacation of such office, and the Governor shall fill the same by appointment, as in otaer cases of vacancy. S. 3, Act 19, 1878. Sec. 99. [Sheriffs Shall be Ex-officio Collectors of Taxes.]— That the sheriffs of the several parishes ot the State (the parish of Orleans excepted) shall be ex-officio collectors of State and REVENUE- MISCELLANEOUS ACTS. 71 parisU taxes, under such rules and regulations as may be pro- vided by State or parochial laws. S. I, Act 52, 1880. Sec. 100. [Amount and Condition of Sheriff's Bond.]— That in all the parishes of the State (the parish of Orleans excepted) the sheriff shall give bond in the sum of $6,000, with at least two good and solvent sureties, with the following conditions, to- wit: "Condition of the above obligation is such, that whereas the above bound A. B. lias been elected or appointed sheriff of the parish of ; now, if the said A. B. shall well and faithfully execute and make true returns, according to law, of all such writs, orders and process as shall come into his hands as sherili as aforesaid to the person entitled by laiv to the same, and shall faithfully do and perform all such other duties as may be required of him by law, then the above obligation to be null and void, otherwise to remain in full force and virtue." S. 2, Act 52, 1880. Sec. 101. [Amount and Condition of Tax Collector's Bond.] — That as ex-ofhcio tax collectors of State and parish taxes the sheriffs of t . e several parishes of the State (the parish of Or- leans excepted) shall each, before commencing the discharge of their duties, give bond, with at least two good and solvent sureties for their term of office, in a sum which shall be $1,000 over the full amount of tlie State and parish taxes 'levied, accordiny- to the last filed assessment roll of the parish; pro- vided, that in no parish shall the bond exceed $20,000. Said bond to be given by ex-officio tax collectors of State and parish taxes shall be conditioned for the faithful performance of their duty in said capacity, and for the just and full payment into the State and parish treasuries of all sums of money that may come into their possession as tax collectors aforesaid. S. 3, Act 52, 1880. Sec. 102. [Sureties on Official Bonds ; Filing and Recording.] That the sureties on all bonds given by sheriffs and ex-officio col- lectors of State and parish taxes (the parish of Orleans excepted) shall reside within the parish wherein such officers shall exercise the functions of their office: and each of said sureties shall 72 REVENUE-MISCILLaNEOUS ACTS make oath that he has proijerty over and above his liabilities aud exemptions and homestead, sufficient to respond to the amount for which he obligates himselt in said bond. Said bonds shall be approved and accepted by the president of the police jury and the clerk of the district court of th»^. parish, if they deem the same good and sufficient, and shall be authenticated by the attestation of two witnesses and the signature ot the clerk of the district court of the parish, and shall also be recorded iu a separate book to be kept for that purpose, and be also reg- istered in the mortgage records of the several parishes where the principal obligor may own immovables. The bonds, wheu 80 registered, shall operate from and after the date of the reg- istry, as a mortgage on all the real estate of the principal obligors therein, in favor ot the State, parish aud all persons interested. Said bonds shall be made payable to the Governor of the State of Louisiana. Before any sheriff and exofficio collector of State and parish taxes shall commence the discharge of his duties, or be recognized, he shall make affidavit and have the same recorded in the mortgage records of the parish in which he is to discharge his official functions, that he has caused his official bonds aforesaid to be recorded, as above provided, in all the parishes of the State in which he owns immovables, and he shall transmit to the Auditor of Public Accounts duly authenticated copies of said bonds, with due certificates of their registry and also a duplicate of said affidavit. S. 4, Act 52, 1880. Sec. 103. [Notice to be Given When Property is Sold Under Twelve Months' Bond. J — Whenever the shsriff of any of the par- ishes of this State shall advertise any property to be sold on a twelve month's bond he shall in the printed advertisement of said sale notily the public that out of the price of adjudication the purchaser shall have to deduct and pay, in cash, the amount of printing, the sheriff's aud clerk's fees, as well as the State, parish and municipal taxes, and the sheriff' shall, as near as possible, specify what the said costs and taxes amount to. Act 22, 1884. REVENUE— MISCELLANE( US ■ CTS 73 Sec. 104. [Abstract of Land Entr.es; Township Maps.] — That in order to systematize ami perfect the maimer of making assess- ments throughout the State (the parish of Orieans excepted), te conform with the township and range maps of the United States, that it shall be the duty of the police jury of each parish of the State (parish of Orleans excepted), in which no abstract of land entries exists, to have one made, including all entries up to January 1, 1885, and in parishes where the same exist, the poliee jury shall cause the same to be revised and completed up to the first of January, 1885, and to the first of January of each year thereafter, for the use of the assessors ; and it shall be the duty of the Auditor of Public Accounts to furnish with the assess- ment rolls to each parish a blank map of each township in such parish, in book form, four inches to the square mile, by scale, divided and sub-divided into sections, quarters and sixteenth of sections, on which the assessor shall check oft' all public lands belonging to the United States, the State of Louisiana, and all lands which have been granted to railroads or other corpora- tions, but which grants have not been approved or patents issued therefor; the remainder he shall then proceed to assess by personally visiting each separate piece of property, or tract of land to be assessed, and shall write in each sixteenth of a sec- tion or other part thereof, the owner's name; and when he shall have assessed all the land, the owners of which are known, he shall diligently examine the records of the conveyance and mort- gage office, and the abstract to find the owners of the lands that there appear unchecked on said township maps, and proceed to assess the same in accordance with law. S. 1, Act 38, 1884. Sec. 105. [Assessor Shall Visit in Person or by Deputy all Taxable Property.] — That should any tax assessor fail to visit personally or by duly accredited deimty, any piece of taxable property within his parish or district, and that it thereby escape assessment, he shall be guilty of malfeasance in oflflce, and shall be liable to a penalty of not more than the amount of the tax which would have been collected had such property been prop- erly assessed, with ten per cent additional and all costs and 74 -REVENUE— MISCELLANEOUS ACTS. cliarges accruing on the same. And eacli and every assessor, upon turning over to the Auditor his annual asssessment roll, shall make affidavit that he has complied with the provisions of this act before being able to receive his final settlement for the year. S. 2, Act 38, 1884. Sec. 100. [No Collection of Taxes During Year of Public Calamity on Property AiFected.] — That in case of overflow, general conflagration, general destruction of the crops, by storm, or other public calamity, in any district or parish of this State, rendering the forcible collection of taxes in any such district or parish, on such account impracticable, there shall be no such collection of taxes. State, parochial or municipal, on lands or other property so affected, in any such district or parish, during th : year of such conflagration, destruction, overflow, or other public ca- lamity, but such payment or collection of sucn taxes shall be postponed until the succeeding year or until another crop matures. S. 1, Act 59, 1884. See Act 10, 1S94. Sec. 107. [Postponement of Taxes on Account of Overflow.] — That whenever land or other property has been or is overflowed, and that the owner wishes to av'ail himself of the provisions of this act, he shall make, in writing, a sworn statement that his property has been or is overflowed, and that by reason thereof, the payment of the taxes for the year during wlii.Ai the overflow occurred, would be oppressive, and that he is unable to pay the same without a sacrifice of his property. The said s\> orn state- ment shall be made in duplicate, and both of the duplicates be signed and sworn to by the person claiming the benefit of this act; one of said duplicates shall be filed by the officer charged with the collection of the taxes in his office, and thereupon the affiant shall be relieved from the payment of all taxes for the year for which he claims a postponement; but he shall pay the same the following year, unless there be a recurrence of the calamity ; and that said taxes shall bear neither interest, costs nor penalties when so collocted. It shall be the duty of the tax collector to make a separate statement and list of all persons, REVENUE- MISCELLANEOUS ACTS. .75 togetber with the icSjjective amounts of their taxes, who .shall €laiiii and be granted the benefits of this aet. He shall swear to the truth of his statement, and shall forward the same to the State Auditor, together with one of the duplicates of the sworn statements of every person claiming the benefit of this act. S. 2, Act 59, 1884. Sec. 108. [False Swearing.] — That any person swearing falsely under this act shall be guilty of the crime of perjury, and punished accordingly. S. 3, Act 59, 1884. Sec. 109. [Sale of Property for Taxes Due Prior to 1879.*]— To provide for the sale of property bid in lor and adjudicated to the State, and on property on which taxes are due the State prior to December 31, 1879; to regulate in what manner said sales are to take place; to provide for the payment and cancellation of all encumbrances, and of all taxes due prior to December 31, 1879; to establish the validity of sales made in compliance here- with ;. to provide for the payment of all costs incurred under this act, and for the payment of unpaid costs incurred in adver- tising and offering for sale immovable property to enforce the payment of taxes, which were due to the State prior to December 31, 1879 ; and to provide how the payment into the State Treasury shall be made ot money realized to the State from the enforcement of this act. Act 82, 1884. Sec. 10. [Tax Mortgages Prescribed in Three Years.] — That all tax privileges and tax mortgages granted by law to secure the payment of taxes hereafter becoming due, whether State, parish or municii)al, shall be prescribed in three years after the 31st daj^ of December of the year in which said taxes are assessed; provided, that the said prescription shall be inter- rupted by the pendency of any suit which prevents the collection of said taxes, and the time of such interruption shall be excluded from the computation of the said three years. S. 1, Act 26, 1886. *XoTE —This act is not published in full for the reason that only a few sales are made thereunder at this time.] 76 REVENUE— MISCELLANEOUS ACTS. Sec. 111. [Recorders to Cancel Tax Mortgages.] — That it shall be the duty of the clerks and ex-otficio recorders and of the Re- corder of Mortgages for the parish of Orleans, respectively, on the application of any j^arty in interest who has paid his taxes in full to cancel and erase all inscriptions of tax privileges and tax mortgages prescribed by the terms of the first section of this act on the payment of ten cents for each cancellation ; provided, that if the application be made by the taxpayer, or by any party in interest who has paid the said taxes before they become delin- quent, the cancellation shall be free to him. S. 2, Act 20, 1886. Sec. 112. [Jurors Shall Exhibit Poll Tax Receipts Before Receiving Compensation.] — That any person serving as a juror or as a witness in criminal cases, shall receive the compensation ta which they are entitled for their mileage and per diem, they shall exhibit to the clerk of the court a receipt for the poll taxe» or taxes due by them. S. 1, Act 87, 1886. Sec. 113. [Poll Taxes, if Not Paid, to be Deducted from Com- pensation of Jurors.] — That on their failure to produce such receipt, that the clerk of the court, or other ofiBcer, issuing cer- tificates or warrants for their mileage and per diem, shall issue certificates or warrant -for amount less the poll tax due, and shall issue the certificate or warrants for amounts so reserved for poll tax to the treasurer of the school board of the parish^ who shall collect same. S. 2, Act 87, 1886. Sec. 114. [Report to be Made to Tax Collector of Poll Taxes Withheld.]— That the clerk of the court, or other officer, issuing such certificates or warrants, shall report to the tax collector of the parish the names of all jjersons from whom he has reserved amounts for poll tax, and the tax collector shall give such person credit for such poll tax. S. 3, Act 87, 1886. Sec. 115. [Peddlers Shall Procure License Before Carrying on. Business.] — That it shall hereafter be unlawful for any person or persons to engage in the occupation commonly known as ped- dling either in a buggy, cart or other vehicle, on foot or horse- REVENUE— MISCELLAN LOUS ACTS. 77 back, without first having obtaiued from the sheriff ex-officio tax collector of the parish in which they wish to carry ou their business, license plate or badge bearing the name of the parish, number of the license which they hold for carrying ou said busi- ness and date of the year in which said license was issued. S. 1, Act 73, 1890. Sec. 116. [License Plates or Badges ] — The sheritt and ex- officio tax collector and tax collectors of the several districts shall on presentation to him by any person or persons, of a license duly paid and signed authorizing said person or persons to carry on the said business of peddler issue to him or them a license plate, if the business is to be carried on in a vehicle, or a license badge if the business is to be carried on foot or horse- back, marked and numbered as set forth in the preceding section for which he (the sheriff and tax collei'tors of the several districts and par shes) shall receive the sum of twenty-five cents for each and every one of said license plates or badges to be paid by the person or persons making application for same. S. 2, Act 73, 1.^90. Sec. 117. [Penalty lor Failure to Display License Plates or Badges ] — That any person or persons carrying on the said busi- ness of peddling who shall fail or neglect to display said plates or badges in a conspicuous manner by attaching said license plate to their vehicle, or said license badge to their person, shall be liable to pay a fine ot not less than ten nor more than twenty- five dollars or be imprisoned for not more than thirty days or both at the discretion of the court. S. 3, Act 73, 1890. Sec. 118. [No Act of Sale or Transfer of Real Estate Shall be Executed Unless Three Years' Taxes are Paid.J — That Section 2,519 of the Revised Statutes of the State of Louisiana be amended and re-enacted so as to read as follows: Hereafter neither recorders, sheriffs, notaries, throughout the State, nor other persons authorized to convey real estate by public act, shall pass or execute any act for the sale, transfer or exchange of any real estate unless the State, i^arish and municipal taxes due on the 78 EEVENUE— MISCELLANEOUS ACTS, same for three years next preceding the passage of the act of transfer be first paid, to be shown by the tax collector's receipt or certificate to that purpose. S. 1, Act 88, 1888. Sec. 119. [Assessors Shall Render Annually a List of Poll Taxpayers.] — That the tax assessors throughout the Slate be and they are hereby required to render to the school boards of their respective parishes, annually, by the first Saturday of October, a complete schedule list, by wards, of all persons liable to pay a. poll tax in their respective parishes. If any asse.-sor fails to comply with the requirements of this act, the failure shall be cause for removal; besides he shall be subject to a fine of $250, for the benefit of the public schools in the parish in which the delinquent officer resides, and in which he is the assessor, [n the city of Xew Orleans the board of assessors shall comply with the requirement of this act, and in the event of failure shall be subject to dismissal and penalty as before provided. S. 1, Act 89, 1888. Sec. 120. [Tax Collectors Shall Render a List of Persons Pay- ing Poll Taxes.] — That the sheriffs and tax collectors in their respective parishes shall return by the first Saturday of Feb- ruary, of each and every year, to the school boards of their respective parishes, a list predicated upon the list before men- tioned by wards, showing all persons in the parishes, respect- ively, who have paid their poll tax, as well as persons who have not paid the same, and shall return their reasons in writing and under oath the cause in each instance of the non-payment of a poll tax, why they have not collected the tax not collected. S. 2, Act 89, 1888. Sec. 121. [Poll Taxes ; Tax Collector's Duty.]— That if the said sheriffs and tax collector's fail to show cause why the said poll tax has not been collected, he shall be responsible for and shall pay the poll taxes he has failed to collect, and shall be held liable with his parties on his official bond for the payment of said tax. S. 3, Act 89, 1888. REVENUE— MISCELLANEOUS ACTS. 79 Sec. 122. [Poll Taxes; Tax Collector's Duty.]— That the sheriff can be made to show cause why the said poll tax has not been collected, at chambers, before tke district judge, atter service of rule and three days have elapsed after service. S. 4, Act 80, 1888. Sec. 123. [Assessment of Eailroad, Telephone and Telegraph Property.] — That the police juries of all the parishes throughout the State, be and are hereby required to select one of their number or some other property taxpayer of their parish, to act as a. board of assessment on the assessment of the railroads, telegraph and telephone lines iiassing or running through the parish he may represent. S. 1, Act 92, 1888. Sec 121. [Commissioners ; Place of Meeting ; Organization ; Duties.] — That said appointees be required to meet at some con- venient point on the line of road, telegraph or telephone, to be assessed, said point to be designated bj'^ the Auditor of Public Accounts, and organize by electing a president and secretary from their number and i)roceed to put a uniform valuation on the roaS ACTS. 81 assess and describe all property according to such a description as will reasonably identify the property assessed ; such as desig nating- the tract or lot by the name by which it is commonly known, or by the number or letter by which it may be usually designated upon the regular assessment rolls, or upon an official or private plan or sketch or by giving the boundaries or the name of the owners upon each side, or by the dimensions cr description or name given in the act translating the ownership thereof, or by such other further description as may furnish the means ot reasonable identification. S. 1, Act 140, 1890. Sec. 130. [Advertisement of Property.] — That for the pur- poses of taxation and tax sales it shall be sufficient to assess and advertise all property in the name of the person or persons whether dead or alive, who at the time the assessment was made, nppeared to be the owners thereof upon the books of th« conveyance office, in the parish of Orleans, or of the recorders? offices in the other parishes of the State; but all property may be assessed in the name of ths real owner, and if held in trust, in the name of the fiduciary, as such. S. 2, Act 140, 1890. Sec. 131. [Tax Sales Not to be Annulled for Error in Descrip- tion.] — Thar no assessment or tax sale shall be set aside or annulled for any error in description or measurement of the property assessed, in the name of the owner, provided the prop- erty assessed or sold can be reasonably identified. S. 3, Act 140. 1890. Sec. 13l*. [Tax Sale to Convey the Entire Property.] — That the tax sale shall convey and the purchaser shall take the entirety of the property, neither more nor less, intended to be assessed and sold and such as it was owned by the delinquent taxpayer, regardless of any error in the dimensions or description of the property assessed and sold and the tax collector in the adver- tisement or deed of sale may give the full description according .to original titles. S. 4. Act 140, 1890. Sec. 133. [This Act Applies to Assessment and Tax Sale for State, Parish and Municipal Taxe?.] — That this act shall apply to 6 8i REVENIIE-MISCI-LLANEOUS ACTS Mie asschsnieut aud tax sale of all property for State, parish aud municipal taxes. S. 5, Act 140, 1890, Sec. 134. [Time of Filing Statements for Postponement of Taxes.— That sworn statements to obtain the postponement of Ijayment and collection ot taxes on account of overflow, or other causes provided by law, shall, in cases of movable property, be made and filed with tax collectors on or before the first day ot December of the year in which the taxes are assessed and shall, in cases of immovable proi)erty, be made and filed on or before the first day of Februsry of the year succeeding' that in which the taxes are assessed ; and that such statements made after the dates herein provided shall have no effect. Act 10, 1894. Sec. 135. [Auditor Authorized to Compromise Tax Claims.] — That the Auditor of Public Accounts shall have full power and authority to compromise all claims of the State for taxes due, and forfeited to the State by remission of all interest and costs, conditional that the owner of the property pay all taxes due; provided that this act shall apply only to properties of value of one thousand dollars, and less ; provided this act shall not apply to taxes wherein the tax privilege or mortgage has not pre- scribed. S. 1, Act 30, 1894. Sec. 136. [Merchandise or Stock in Trade to be Listed After Compl-tion of Rolls.] — That the sheriffs throughout the State (the parish of Orleans excepted), be authorized to list for taxa- tion for State and parish taxes, all merchandise or stock in trade brought into the several parishes for sale after the assess- ment rolls for the year are completed, and it is hereby made the duty of such officer to furnish the Auditor of Public Accounts a duplicate of such assessment; provided nothing in this act shall apply to merchants or other parties who have been regularly as :essed. S. 1, Act 33, 1894. Sec. 137. [The Governor Authorized to Suspend Defaulting Tax Collectors.] — That whenever any tax collector or ex-officio tax collector becomes a defaulter as shown by the books of the Auditor of Public Accounts, the Governor is hereby authorized REVENUE-MISCELLANEOUS ACTS. 83 to suspend such defmiltin^- collector from office until such time as tull and complete settlement has been made of all taxes and licensee by bim collected. «. 1, Act 118, 1896. feEC. 138. [Defaulting Tax Collectors to be Suspended if Settlement is n-jt Made in Ten Days After Notice is Given J — Tbat upon the Governor being notified tbat any of the tax collectors of the State are defaulters be shall call upon such defaultins: officer to make good the amount demanded of him within ten 8.]— Tax col lectors shall make sworn re- turns to the Auditor; penalty for neglect or failure ; tax col- lector not responsible for re- funding amounts paid by pur- chasers. 150. [S. 10, A. tO, lert-'.C— Power and authority of collectors can be exercised by deputies. Sec. 141. [Sale of Property Adjudicated to the State.] — That it is hereby made the imperative duty of each collector of the State taxes throughout the State to prepare within two mouths after the expiration of the year in which property must be redeemed, or as soon thereafter as possible, a complete list of all immovable property bid in for and adjudicated to the State for taxes for -the year 1880 and subsequent years, as shown by the records in the conveyance office, or in the office of the recorder 01 mortgages which have not been otherwise disposed of by the State and not redeemed within the time prescribed by law; which list shall be transmitted to the Auditor of Public Accounts for comparison with the records of property adjudicated lo the State on file in his office, and when corrected and apiiroved by the Auditor the same shall be returned as approved to the col- lector. Upon receiving said list it shall be the duty of the collector to proceed at once to advertise for [sale all immovable property appearing upon said list and which has been heretofore SALE OF PROPERTY ADJUDICATED TO THE STATE. 85 bid in for and adjudicated to the State for tbe unpaid taxes of 18S0, and subsequent years, and which has not been redeemed within tbe time prescribed by law and all property which may be hereafter adjudicated to the State for unpaid taxes and not redeemed within the time prescribed by law, that all such prop- erty shall be advertised thirty days, and in English only, the last advertisement to occur on the day on which the property is advertised to be sold; such advertisement shall be a full and complete notice to all persons and parties in any wise interested in said property, and no other notice shall be required, and the same shall operate as a complete citation to all. The assess- ment for each respective year for which property has been adju- dicated to the State for unpaid taxes, is hereby declared to be ]eg'A\ and binding in every respect on parties who may have been interested in said property, and the titles to the State, as acquired under said adjudication, are hereby declared good and perfect. The tax collectors are hereby instructed to advertise such property by a condensed description, and in the deed of sale the tax collector shall more fully and correctly describe the property; such advertisement shall contain only the name of the party in whose name the property adjudicated to the State or only the name of the party who cl.iims to be owner thereof, and the year for wliich adjudicated and the amount of the adjudication. If the sales advertised to take place on a special day are not com- pleted on said day, tlie same shall be continued over from day^ to day until the same are completed. In advertising said prop- erty for sale, the tax collector shall include between one general heading and one general conclusion several pieces of property. S 1, Act SO, 1888. Sec. 14-!. [Terms of Sale ] — That said property shall be ad- judicated to the last and the highest bidder for cash, payable in current mo-iey of the United States, at the time of the adjudica- tion, provided that no bid shall be accepted or sale made for a less amount than the total amount for which the property was 86 SALE OF PROPERTY AD.ILJDI(!ATED TO THE STATE. adjudicated to the State, together with twenty per ceDtum thereon and all costs of enforcing this act. All money realized from the enforcement of this act shall be included in the first return of the tax collector to the Auditor of Public Accounts, made after receiving- the same, and paid into the State treasury to the credit of the general fund. S. 2, Act 80, 1888. Sec. 143. [Sales by State Auditor.]— That Section 3 of Act 80, of the Legislative session of L88S, approved -July 12th, 1888, be amended and re-enacted, so as to read as follows : That when any property sold to the State, for unpaid taxes has been advertised and offered for sale in accordance with the provisions of this act and has failed to sell, then the Aulitor of Public Accounts shall be authorized to receive bids for all such ans<»ld property and to sell same and to execute a deed thereto ; pro- vided no sale shall be made for a less amount than is provided for in the foregoing section, and all money so received shall go into the State Treasury to the credit of the general fund, less the portion due the parish which shall be paid to the tax col- lector of such parish ; provided further, that whenever any prop- erty sold to the State for unpaid taxes has been advertised and offered for sale, in accordance with the provisions of this act and has failed to sell, and more than three years have elapsed since it has been so advertised and offered for sale, and no bids for the purchase thereof have been received by the Auditor of Public Accounts equal to the amount required by Section 2 of this act, then the Auditor of Public Accounts shall be authorized to receive and to accept bids therefor equal to the face value of all the taxes that may be due thereon, and to execute a deed of sale thereto, which deed of sale shall have the same force and effect, and be received as evidence in the same manner as deeds executed hereunder by the State tax collectors. [S. 1, Act 120, 1896. Sec. 144. [Tax Collector's Deed.] — That each tax collector shall, as soon as said adjudications to bidders are made and complied with, execute to each purchaser, a deed of sale, in SALE OF PROPERTY ADJUDICATED TO THE STATE. 87 authentic form, of each specitic piece of property, a duly certitied copy of which deed shall h^ prima facie evidence of the following facts : 1. That the property conveyed in said deed was subject to taxation at the time of the assessments thereof. 2. That none ot the taxes for which said property was ad judicated to the State were paid. v 3. That the pro; erty was not redeemed in the time pre- scribed by law, and the said duly certifled copy of said deed shall be conclusive evidence of the following facts : 1. That the property was listed and assessed according to law. l*. That the taxes were levied according to law. 3. That the property described in said deed was adjudi- cated to the State according to law. 4. That the property was advertised according to law. 5. That the property was adjudicated and sold to the pur- chaser as stated in said deed. 6. That all the prerequisites of the law were complied with by all the officers from the listing and assessments of said prop- erty inclusive up to and including the execution and registry of the deed to the purchaser, and duly certified copies of said deeds shall be full proof of all contained therein ; the proof of payment of only a portion of the taxes for which the propei ty was adjodi- cated to the State, shall not in any manner affect the validity of the sale to the purchaser, and in order to invalidate the sale to the purchaser, it shall be necessary for the party attacking it to prove that all the taxes tor all the years for which the property was adjudicated to the State, had been paid before the adjudi- cation to the State, or that the jiroperty was redeemed accord- ing to law, for all the years for which it was adjudicated to the State, or that the same was exempt from taxation for all the year for which it was adjudicated to the State. S. 4, Act 80j 1888. 88 SALE OF PKOPEKTY ADJUDICATED TO THE STATE. Sec. 145. [Title; Seizure and Possession.] — That all the sales under this act shall vest in the purchaser an absolute aud perfect title to the property conveyed in the deed of sale, without any claim thereto by any former owner, and free of all mortgages, liens, privileges and encumbrances whatsoever, except all city and municipal taxes; upon presentation of a duly certified copy of the deed to any court having jurisdiction, of the value of the property, it shall be the duty of the judge there- of to issue an order exparte and in chambers, directed to the sheriff, commanding him forthwith to seize the property de- scribed in said deed, and after three days notice of such seizure to either the occupant or owner of said j)roperty, the sheriff shall put the purchaser into possession of the said property, ■unless enjoined by a court having jurisdiction of the property. If the property is vacant it shall only be necessary for the sheriff to post for one week, in some conspicuous or usual place, a copy of the notice of seizure, after which delay, unless enjoined, he shall put the purchaser into possession — all actions to declare null and void or to invalidate sales made under this act, for any cause, whether because of the payment of taxes, or for any other reason, and all actions to subject the property sold under tbis act, to any mortgage or claim which existed before the sale to the purchaser, are hereby prescribed by the lapse of one year from the date of the registry in the conveyance office of the deed to the purchaser, at whieb time all liability and guarantee of the State shall also cease for the refunding of the price of sale under this act. S. 5, Act 85, 1888. Sec. 140. [Price Paid Shall be in Satisfaction of all Taxes and Costs,] — That the price bid and paid for said property shall be in full and final payment and satisfaction of all State taxes, together with all costs thereon due and exigible at the time the property was adjudicated to the State, and the purchaser shall take said property subject to all subsequent taxes, State, parish and municipal- S. 0, Act 80, 1888. Sec. 147. [Costs and Commissions.] — That each tax collector shall be allowed and i^aid out of the proceeds of sales under SALE OF PROPERTY ADJUDICATED TO THE STATE. 89 this act as commission for all services under this act five per ceutum ou the amount received hy him as the price of sales under this act. The State shall never be responsible for any service rendered or expense incurred in the enforcement of this act beyond the amount which may be realized from sales in pursuance thereof, provided that each specific piece of property shall be responsible for its pro rata of expense, and any unpaid costs shall attach to the property when sold by the Auditor. S. 7, Act SO, 1888, Sec, 148. [Costs to be Paid Out of Proceeds of Sale.] — That the tax collector is authorized to pay out of the proceeds of the sale under this act, all costs incurred in enforcement of this act, the costs and expenses of passing, executing and registering the deeds under this act and for copies of same, shall be paid by the purchaser in addition to the price bid for said property, S. 8, Act 80, 1888. Sec. 149. [Returns of Sale to Auditor,] — That the tax col- lector shall render to the Auditor of Public Accounts a full and complete sworn statement of all sales effected under the pro- visions of this act, specifying the name or names in which the property was adjudicated to the State, a description of the prop- erty, the year for which it was adjndicated to the State, the amount for which it was adjudicated to the State, the amount for which the propertj" was sold and a statement of all the expenses in detail ; said sworn statement shall be tiled with the Auditor within the time now required by law for the settle- ment of tax collections, and a failure to comply with the pro- visions of this act shall subject the tax collector, so failing, to all the penalties now imposed by law on said officers for neglect or failure to perform the duties of their office ; the tax collector shall not be personally responsible for the refunding by him to any purchaser of any amount paid by him on account of sales under this act. S, 9, Act 80, 1888. Sec. 150. [Deputies Authorized to Act.] — That all the power and authority conterred by this act ou the tax collectors can be exercised by their duly appointed and authorized deputies. S. 10, Act 80, 1888. 90 LICENSES. I^ICENSES. 151. 152, 153. 154. 155. 156. 157. 158. [S 1, A. ICO, 1890.]— Levy of anuual license tax. [S. 2. A. 150, 1H90.]— Tax collect- ors shall begiu the collection of license tax on Jannary -d, of each year ; licenses delin- quent on March 1st of each year. [S. 3, A. 150. 1890.]— Licenses graduated in twenty -five" classes ; manufacturers ; — (this section does not ajtply to grind- ing meal, ginning cotton or making sugar by any farmer or jtlauter) — banking; private banking. [S. 4, A. 150, 1890 ]— Cotton fac- torage, sugar, grain, produce and other factorage or commis- sion business ; brokerage in money stocks, bonds, real es- tate, produce, sugar, cotton or other brokerage business, whether for spot or future de- livery. [S. 5, A. 150, 1890.]— Pawn bro- kers and keepers of loan offices [S. 6, A. VM, 1890.]— Wholesale mercantile business ; definition of wholesale dealer ; license on retail dealers ; proviso. No li- cense shall issue to sell liquor in less quantities than five gal- lons for less than $100. rS. 7, A. 150, 1890.]— Insurance; proviso. [S. 8, A. 150, 1890.]— Omnibus, regular coach or herdic busi- ness, transporting money, mer- chandise or other articles ; tow or tug boats ; warehouse or storage room ; storage of sugar and molasses ; horse or steam railroads within town or city limits. 159. [S. 9, A. ILO, 1890.]— Gas, elec- tric light, waterworks, tele- graphing, telephoning, express company, cotton c impress or ginnery, cotton pickery, slaughter house, distilling or rectifying ajcoholic or malt liquors, brewing ale, beer, por- ter or other malt liquors, manu- facturing tobacco, cigars or cigarettes, refining sugar and molasses, manufacturing cot- ton seed oil, oil cake or cotton seed meal. 160. [S. 10, A. 78, 189ii.]— Amuse- ments — theatre, opera house,^ academy of uuisic ; can-can, clodoche, female daucing; sen- sation performance or statuary- exhibitions ; museum, menag- erie, circus or traveling show; public halls: ticket brokers^ peddlers ; hawkers. 161. [S. 11, A. 150, 1890.]— Susten- ance and refreshment — hotel, lodging and boarding houses, bar-room, cabaret, cofteehouse,^ cafe, beer saloon, liquor ex- change, drinking saloon, grog- shop, beer house, beer garden ; proviso No establishment dis- posing of vinous or malt liq- uors in less quantities than one pint shall pay less than .$100. Billiard tables, pigeon hole, Jenny Lind, pool, or bagatelle, ten pin alleys. 162 [S. 12, A. ^150, 1890.]— Profes- sional and personal occupation — Steamboats, draying, truck- ing, keeping cabs, carriages, hacks or horses for hire, under- takers, toll bx'idges and ferries, master builders, stevedores and mechanics, physician, attorney LICE^SES. 91 Licenses — Continued. 163. 164. 165. 166. at Liw, editor, deutist, oeulist. iibotograiiber, agency for imb- lications, freight, ticket, claims, patent rights. [S. 13, A. l.oO, 1890.]— Traveling vendors of stoves, lightning rods and clocks. [S 14, A. 1.50, 1890.]— Mnnicipal and parochial corporations an- thorized to impose a license tax. [S. 1.5, A. 150, 18^)0.]- When two or more kinds of business are combined a separate license shall be required for each. [8. 16, A. ir.O, 1890.]— Annnal receipts, capital, sales and pre- miums shall be the basis of license imposed. License on new firms shall be based on recei^jts for first two months. Persons commencing business after July 1, shall pay one-half of regular rates. [S, IT. A. 1,50, 1890 ]— Basis of license to be determined by sworn statement of business done in the previous year. 168. [S. Ir', A. 150, 1890.]— Proceed- ings against persons doing bu- siness without a license ; pen- alty for failure to display li- cense in a conspicuous place. [S. 19, A. 150, 1890 ]— The only legal form of license is that issued by the State Auditor. In no case shall the tax col- lector issue receipt in lieu of license. 167. 169. 170. [S. 20, A. 150, 18 jO ]— Record book of sworn stS. Twentieth class — Wlien the said receipts are seventy-five thousand dollars or more, and under lunety thousand dollars, the license shall be fifty-two and one half dollars, 152 50. Twenty first class — When the sai'iDeteeutli class — Wlien gross sales are thirty thousand dollars or more, and under forty thousand dollars, the license shall be thirty dollars, $30. Twentieth class — When gross sales are twenty-five thousand dollars or more, and under thirty thousand dollars, the license shall be twenty-five dollars, $25. Tweuty-tirst class — When gross sales are twenty thousand dollars or more, and less than twenty-five thousand dollars, the license shall be twenty dollars, $20. Twenty-second class — When gross sales are fifteen thousand dollars or more, and less than twenty thousand dollars, the license shall be fifteen dollars, $15. Twenty-third class — When gross sales are less than fifteen thousand dollars, and more than five thousand dollars, the license shall be ten dollars, $10. Twenty-fourth class — When gross sales are five thousand dollars or less, the license shall be five dollars, $5. Provided, that if any distilled, vinous, malt or other kind of mixed liquors be sold in connection with the business of retail merchant, grocer, restaurant, oyster house, confectionery or druggist, in less quantities than five gallons, the license for such additional business shall be as hereinafter provided for in Sec. 11 of this act; provided further, that no license shall issue to sell liquors in less quantities than five gallons for less than one hundred dollars, $100. S. 6, Act 150, 1890. Sec. 157. [Insurance.] — That each and every insurance com- pany (society), association, corporation or other organization or firm, or individual doing and conducting an insurance business of any kind, life, fire, marine, river, accident or other in this State, whether such company (society), association, corporation, or other organization or firm, or individual is located or domi- ciled here or operating here, through a branch department, resi- dent boaid, local office, firm, company, corporation, or agency of any kind whatsoever shall pay a separate and distinct license 104 LICENSES. on said business lor each company represented, and said license shall be based on tbe gross annual ainount of premiums on all risks located within the State, and ui)on risks located in other States or foreign countries, upon which no license has been paid therein, as follows, to-wit: First class — When said premiums are three hundred thou- sand dollars or more, the license shall be seventeen hundred and fifty dollars, $1750. Second class — When said premiums are two hundred and fifty thousand dollars, and less than three hundred thousand dollars, the license shall be fifteen hundred dollars, $150(K Third class — When said premiums are two hundred thou- sand dollars, and less than two hundred and fifty thousand dol- lars, the license shall be twelve hundred and fif'y dollars, $1250. Fourth class — When said premiums are one hundred and fifty thousand dollars, and less than two hundred thousand dol- lars, the license shall be one thousand dollars, $1000. Fifth class — When said premiuu)s are one hundred thou- sand dollars, add less than one hundred and fifty thousand dol- lars, the license shall be seven hundred and fifty dollars, $750. Sixth class — When said premiums are eighty thotsand dol- lars, and less than one hundred thousand dollars, the license shall be seven hundred dollars, $7oO. Seventh class — When said premiums are seventy thousand dollars, and less than eighty thousand dollars, the license shall be six hundred and fifty dollars, $650. Eighth class — When said premiums are sixty tbousand dol- lars, and less than seventy thousand dollars, the license shall be six hundred dollars, $600. Ninth class — When said premiums are fifty thousand dollars^ and less than sixty thousand dollars, the license shall be five five hundred and fifty dollars, $550. Tenth class — When said premiums are forty thousand dol- lars, and less than fifty thousand dollars, the license shall be five hundred dollars, $5U0. LICENSES. 105 Eleveutli class — When said premiunis are thirty thousand dolhii's, and less than forty thousand dollars, the license shall be tour hundred and fifty dollars, $450. Twelfth class — When said premiums are twenty thousand dollars, ahd less than thirty thousand dollars, the license shall be four hundred dollars, 1400. Tliirte«^ntli class — When said i^remiums are ten thousand dollars, and less than twenty thousand dollars, the license shall be three hundred an. Sixteenth class-When tue said gross annual receipts are thirty seven thousand five hundred dollars or more, auiI less than fifty thousand dollars, the license shall be seventy-five dol- lars, $75. Seventeenth class -When the said gross annual receipts are twenty five thousand dollars or more, and less than thirty seven thousand five hundred dollars, tnc license shall be fifty dollars, $50. Eighteenth class -When the said gross annual receipts are over twenty thousand dollars, and less than twenty-five thousand dollars, tho license shall be thirty dollars, $30. ^Jineteenth class -When the said gross annual receipts are over fifteen thousand dollars, and less than twenty thousand dollars, the license shall be twenty five dollars, $25. Twentieth class-When the said gross annual receipts are less than fifteen thousand dollars, the license shall be fifteen dollars, $15. S. 9, Act 150, 1890. Sec. 160. [Amusements.] — That the license herein provided for shall be graded in thirteen classes, or so many thereof as shall be hereinafter indicated, at follows: That for every business of keeping a theatre, opera house, amphitheatre, academy of music a license shall be based upon the quantity of space devoted to spectators, to be calculated by the number of seats or ordinary space for seats, as follows : First class— When the number of seats or spaces are one thousand or more, the license shall be four hundred dollars, $400. ' Second class— When the number of seats are seven hundred and fifty or more, and less than one thousand, the license shall be three hundred dollars, $300. Third class— When the number of seats or spaces are five hundred or more, and less than seven hundred and fifty, the license shall be two hundred and fifty dollars, $250. LICENSES. 118 Fourth class— When tlie said nninber of seats is less tlr.,^.:'. five hundred, the license shall be one hundred and seventy-tvc dolhirs ; provided, that no business of this class shall be licensed for less than one hundred and seventy-tive dollars ($175); yiQ- vided, that in cities and towns of this State, the population ot which is less than twenty-tive thousand and more than five thou- sand, the license shall be based on the quantity of s))ace devoted to the spectators, to be calculated by the number of ^eats or ordi/iary space t^r seats, as follows: First class-When the number of seats or spaces exceeds five linndred, the license shall be one hundred dollars, 81(H). Second class -When the number of s-eats or spaces is less than five hundred, the license shall be seventy-five dollars, $75. In towns havinji" a population of five thousand or less, the license shall be ten dollars lor each one thousand inhabitants, to be paid by the pws, viz : First class — When said rooms are in number three hundred or more, the license shall be six hundred dollars, $(jO(>. Second class — When said rooms are in number two hundred and twenty-five or more, and less than three hundred, the license shall be five hundred dollars, $500. Third class — When said rooms are in number one hundred and fifty or more, and less than two hundred*and twenty-five, the license shall be three hundred hnd seventy five dollars, $37."') Fourth class — When said rooms are in number seventy fiv<- or niore, and less than one hundred and fifty, the license shall be three hundred dollars, $300. Fifth class — When said rooms are in number forty-five or more, and less than seventy-five, the license shall be two hun- dred dollars, $200. Sixth class — When said rooms are in number thirty or more, and less than forty-five, the license shall be one hundred and fifty dollars, $150. LICENSES. 117 Seventh class — When said rooms are in number fifteen or more, and less than thirty, the license shall be one iinndred dol- lars, $l(iO. Ei.^hth class — When said rooms are in number twelve or more, and less than Hfteen, the license shall be seventy-flve dol- lars, $75. Ninth class — When said ro ms are in number nine or niore, and less than twelve, the license shall be fifty dnlhir , 8.jO. Tenth class — Wheu said rooms are in number six or more, and less than nine, the license shall be forty dollars, 140. Provided, that no person who keeps a boarding-house, in connection with schools or colleges for the accommodation of students and employees thereof, sh.dl uay any license as board- ing-house. Provided further, that no license sliall be required when the number of said rooms is less tlian provided for in class ten ; that for every business of lodging alone, the license shall be esti- mated ou the same basis as for hotels, but graduated at one-half rates; provided, that boarding-houses pay sixty per cent of the rates of hotels. Tliat for everj^ business of bar-room, cabaret, coffee-house, cafe, beer saloon, liquor exchange, driuking saloon, grogshop, beer-house, beer-garden, or other place where anything to be drunk or eaten on the premises is sold directly or indirectly, the license shall be based on the annual gross receipts of said busi- ness, as follows, viz: That for this busines there shall be one extra class. Class A — \yheu said gross annual receipts are fifty thousand dollars (150,00 ) or more, for which the license shall be fifteen hundred dollars, $1500. First class — Wheu said gross annual receipts are thirty- seven thousand dollars ($87,000) or more, and less than fifty thousand dollars, the license shall be one thousand dollars. $l(i00. Second class — When said gross annual receipts are twenty- five thousand dollars ($25,000) or more, and less than thirty- 118 LICENSES. seven thousuud five huudred dollars, the license shall be eight liuudred dollars, $800. Third class — When said gross annnal receipts are twenty thousand dollars (120,000) or more, and less than twenty-five thousand dollars, the license shall be six hundred dollars, $600. Fourth class — When said gross annual receipts are fifteen thousand dollars ($15,000) or more, and less than twenty thou- sand dollars, the license shall be five hundred dollars, 1500. Fifth class — When said gross annual recipts are ten thou- sand dollars ($10,000) or more, and less than fifteen thousand dollars, the license shall be four hundred dollars, $400. Sixth class — When said gross annual receipts are seven thousand five hundred dollars ($7,500) or more, or less than ten thousand dollars, the license shall be three huudred dollars, $300. Seventh class — When saia gross annual receipts are five thousand dollars ($5,0u0) or more, or less than seven thousand five hundred dollars ($7,500), the license shall be two hundred dollars, $200. Eighth class — When said gross annual receipts are three three thousand dollars ($3,000) or more, aud less than five thou- sand dollars ($5,000) the license shall be one hundred dollars, $100. Provided, that no license shall be charged for selling refresh- ments for charitable or religious purposes; provided, that no establishment selling or giving away, or otherwise disposing of any spirits, wines, alcoholic or malt liquors in less quantities than one pint shall pay less than one huudred dollars ($100) ; provided further, that when auy kind of business provided for m this section shall be combined with auy other business pro- vided for in Section 10, the same classification shall be made as prescribed in this section ; but the price of the licenses shall be equal to the license required for each business separately. LICENSES. 119 That for the business of keeping billiard tables, pigeon hole, Jenny Lind, pool or bagatelle tables, and ten-pin alleys, from which revenue is derived, a license of ten dollars (810) for each €uch table or alley shall be paid in addition to any other license due by the establishment in which said tables or alleys may be situated. Provided, that all persons, association of persons or busi- ness firms and corporations engaged in the sale of soda water, mead, confections, cakes, etc., exclusively shall be rated as fol- lows: First class — When the gross sales are ten thousand dollars or in excess of that amount, the license shall be fifty dollars, S50. Second class — When the gross sales are eight thousand dol- lars or more, and less than ten thousand dollars, the license shall be forty dollars, $40. Third class — When the gross sales are six thousand dollars or more, and under eight thousand dollars, the license shall be thirty dollars, $30. Fourth class — When the gross sales are four thousand dol- lars or more, and under six thousand dollars, the license shall be twenty dollars, $20. Fifth class — When the gross sales are three thousand dol- lars or more, and under four thousand dollars, the license shall be fifteen dollars, $15. Sixth class — When the gross sales are less than three thou- sand dollars, and more than two thousand dollars ($2000), the license shall be ten dollars, $10. Seventh class — When the gross sales are less than two thou- sand dollars ($2000), the license shall be five dollars, $5. Provided, that this provision shall not apply to places doing the business herein named where alcoholic, vinous or malt liquors are sold. Provided further, that druggists, etc., selling soda water, mead, etc., shall be required to take out a license under this act. S. 11, Act 150, 1890. 120 LICENSES Sec, 1()2. [Professional and Personal Occupation.] — That tbe anuiial license for tlie kinds of business Iiereinufttr named, shall be graduated in thirteen classes, as follows, viz : That for every individual or company carrying on the pro- fession or business agency for steamboats, draying, trucking, keeping cabs, carriages, hacks or horses for hire, undertakers, owners or lessees of toll bridges and ferries, master builders, stevedores and mechanics who employ assistance, the license for said profession or occupation — First class- When said gross annual receipts a^e twenty thousand dollars or more, the license shall be one hundred and twenty dollars, IlL'O. Second class—When said gross annual receipts are sixteen thousand dollars or more, and less than twenty thousand dol- lars, the license shall be one hundred and tive dollars, $105, Third class — When said gross annual receipts are twelve thousand dollars or more, and less than sixteen thousand dollars^ the license shall be ninety-iive dollars, $95. Fourth class-" When the said gross annual receipts are ten thousand dollars or more, and less than twelve thousand dollars, the license shall be eighty dollars, $80. Fifth class-"When said gross annual receipts are eight thou- sand dollars or more, and less than ten thousand dollars, the license shall be seventy dollars, $70. Sixth class---Wheu said gross annual receipts are six thou- sand dollars or more, and less than eight thousand dollars, the license shall be sixty dollars, $G0. Seventh class-- When said gross annual receipts are five thousand dollars or more, and less than six thousand dollais, the license shall be fifty dollars, $50, Eighth class---When said gross annual receipts are four thousand dollars or more, and less than five thousand dollars, the license shall be forty dollars, $40. LICENSKS. 1-il Niutli cIass--Wi (Ml said gross annual receipts are tbree tbonsand dollars or more, and less than four tlionsai.d dollars, the license sball be thirty dollars, $30. Tenth (;Iass---When siid gross annnal receipts are two thou sand dollars or more, and less than tbree thousand dollars, tbe license shall be twenty-five dollars, "^25. Eleventh class -When said gross annual receipts are one tbousand dollars or more, and less than two tboasand dollars, tbe licence shall be twenty dollars, $20. Twelfth class- -When tbe said gross annual receipts are seven hundred and di'ty dollars or more, and less tban one tbou- sand dollars, the lice se sball be fifteen dollars, $15. Tbirte'inth class -When tbe said gross annual receipts are less than seven hundieil and fifty dollars, tbe license sball be four dollars, $4. That every individual or individuals carrying on the busi- ness oi- jirofession of physician, attorney at-law, editor, dentist, oculist, i)botographer, by whom any articles are sold or dealt in other than tbe simple photographs of various kinds taken by himself, agency for publications, freight, ticket, claims, patent rights, and all other business not herein provided lor shall be graded the same as above set forth, but the license shall be one- half ot those established by this section, and ])rovided no license shall be issued hereunder for less tban five dollars, $5. S. 12, Act 150, 1890. Sec. 163. [Traveling Agents.] — That all traveling vendors of stoves, lightning rods and clocks, shall pay a license annually of two hundred dollars ($200) in each parish ot the State. S. 13, Act 150, 1890. Sec. 101. [Municipal or Parochial Corporations Authorized to Impose License Tax.j — That any municipal or parochial corpora- tion in the State shall have the right to impose a fair and equita- ble license tax on any business occupation or profession herein provided for; provided, that all such license tax sball be graded. S. 14, Act 150, 1890. 122 T.ICENSE.S_. Sec. 165. [Separate License.]— That when any two or more kinds of business are combined except as herein expressly pro- vided for, there shall be a separate license required for each kind of business. S. 15, Act 150, 1890. Sec. 166. [Annual Receipts to Form Basis of Licanse.]— That the annual receipts, capital, sales and premium in this act, refer- red to as a basis of license, are those for the year for which the license is granted; the standard for their estimation shall be^/riwrn facie of the preceding year if the business has been conducted previously by the same party or parties to whom they claim to be successors. If the firm or company be new the amount or gross sales for the first two months shall be considered the basis, and six times that amount shall be estimated as the annual receipts of such business; provided, that any person commencing busi- ness after the first of July, shall pay one half of the above rates. S. 16, Act 150, 1890. Sec. 167. [Basis of License Determined by Sworn Statements.] That the business of the previous year, as also the actual con- dition and results of business of the current vear, for new firms, associations or corporations, for the purpose of calculating- licenses, shall be ascertained by the tax collector in the sworn statement of the person or persons in interest, his or their duly authorized agent or officer, made before the tax collector or his deputy, provided, that if the tax collector be not satisfied with the said sworn statement, he shall traverse the same bj/ a rule, taken in proper court, as provided in the Constitution, which rule shall be tried summarily, whether an answer be thereto filed or not. On the trial of said rule, the books and written entries and memoranda of said person or persons, firms, compa- nies, corporations or parties, shall be brought into court, nnd subjected to the iu'*pection and examination of the court, the officer who took the rule, and such experts as he may employ or the court may appoint; provided, that this insi)ection shall not be construed as entitling the defendant to introduce in evidence said books and documents any more than he would have been LICENSES. 123 vritbout such inspection ; provided, also, thao the license shall issue in accordance with the said sworn statement, notwith- sranding the prospect or pendency of the rule, and the final ratification shall be made as ordered by the court. S. 17, A. 150, 1890. Sec:. 168. [Proceedings Against Persons Doing Business With- out License.] — That if any business shall be conducted without a license, in case herein provided, the oflicer whose duty it is to issue licenses, shall, through the attorney herein provided for on motion in the proi)er courts as provided in the Con- stitution, and which shall be without deposit or advance €Ost, take a rule on the party or parties doing- such business, to show cause on the fifth day, exclusive of holidays after the service thereof, which may be tried out of term times and in chambers, and shall always be tried by preference, why said party or parties should not pay the amount of the license claimed and penalties, or be ordered to cease from further pursuits of said business until after having obtained a license; and in case said rule is made absolute, the order thereon rendered shall be considered a judgment in lavor of the State, for the amount decreed to be due by the defendant for license and penalty and costs heretofore and hereinafter provided for, and shall be executed in the same manner as other judgments, and every violation of the order of the court shall be considered as a con- tempt thereof, and ijunislied according to law. It is hereby expressly provided that each person, associa- tion of persons, business firm or corporation, required to take out a license under this act, shall be required to post the same in a conspicuous place, in his or their place of business under a penalty of not less than ten nor more than one hundred dollars, recoverable by the tax collector, before any court of competent jurisdiction; and it shall be the duty of the several tax collect- ors, throughout the State, to visit in person or by deputies, the several places of business herein mentioned, and ascertain that the provisions of this section are strictly carried out. S. 18, Act 150, 1830. 124 LICENSES. Sec. I go. [The Dnly Legal Form of Licence is that Issued by the Auditor ] — Tliat tlie only legal evidence that a license has been paid sh 11 be the aiipropriate form of license issued by the Auditor of Public Accounts, and no receipts issued by a tax collector in place of the license itself shall be valid, and this- clause shall. be construed to prevent the tax collector from issu- ing a receipt, in lieu of the a])propriate form, to any person,, association of persons, or business corporations: provided, that nothing herein contained shall be construed as to exclude oral evidence ot lost or destroyed licenses. S. 19, Act 150, 18!lO. Sec. 170. [Record Book of Sworn Statements to be Kept by- Tax Collectors.] — That the ex officio tax collectors and tax collect- ors throughout the State (ttie parish of Orleans included), shall prepare and keep a book in which they shall record or lile the statements made uiuleroathof all persons, association of per- sons, business firms or corporation, who may apply for license to pursue any trade, profession, vocation, calling or business under this act. S. 20, Act aO, 1890. Sec. 171. [Tax Collector Shall Administer Oath to Applicants for License.] — That the tax collectors and ex-otficio tax collectors charged with the collection of taxes, are hereby empowered aud required to administer oath to any person, president or proper officer, or agent of any association of persons, business firms or corporations, applying for license under this act; aud any tax collector or ex-ofticio tax collector as aforesaid, or any notary public or other officer of the State empowered to administer oaths, who shall sign any jurat or certify to the correctness of any oath without administering the said oath in person to the applicant, shall be deemed guilty of a misdemeanor, and on conviction be dealt with in accordance with existing laws, relative to the dismissal from office of such several officers^ aud in addition to which they shall be subject to a fine of not less than one hundred dollars, nor more than one thousand dollars. That when the oath is taken before the collector no charge shall be made for the same. Any false swear- LICENSES 125 ii\g as to the gross receipts of any i)ersou or |)ersoiis, or corpora- tions, thiough their president or })roper olirtcer, oi agent applying for license, shall constitute the crime of perjury, to be punished as directed by existing criminal laws of the State. S lM, Ai-t 150, 180 •. Sec. 17-!. [License Register.] — Tii it the tux (Collectors and •ex-officio tax collectors are lieicbs required to keep a license register, in which they shall <• ter the n:inies of every pcrsim, association of persons, business tirms or corporations, with the trade, i)rofessio , vocation, calling or business jinrsued, the class and graduation of the same, the amount of tbe license thereou and the date of the collection or payment thereof. On the 3lst •day of De ember of each and e\ery year the said tax collectors shall make and forward to the Auditor of Puhln; Accounts a full and comi)lete transcript of said license register, a copy of which transcript the Auditor of Public Accounts shall lay before the General Assembly at its regular session of each year, and shall file the same in his ofQce tor his future reference or use. S. 22, Act 150, 1890. Sec. 173, [Penalty for Violating Provisions of this Act.] — That the tax collector and ex-officio tax collector violating any •of the provisions of this act, or who shall wilfully rate any per- son, association of persons, or business firms and corporations, at a less graduation than the law contemplates, or who shall issue to any said persons, association of persons or business firms and corporations, a license for a less sum than that corre- sponding with their graduation, shall be deemed guilty of a misdemeanor in office, and shall on conviction before a com- ' perent authority, be summarily dismissed therefrom. S. 23, Act 150, 1890. Sec. 174. [Attorney to Assist Tax Collector in Collection of Licenses.] — That the Governor of the State shall designate for each parish, including the parish of Orleans, an attor- ney at law, whose duty it shall be to aid the tax col- lector or ex-officio tax collector in the parish for which he 126 LICENSES. is api»ointed in the collectiou of tlie State and parisli licenses provided for by this act, and npon all licenses and penalties collected through the agency of said attorney, the delinquent owing- the license shall pay a commission to liim of ten per centum, calculating same upon the aggregate amount of license and penalties so collected and paid over to the tax col- lector. The said attorney shall receive no other compensation. The attorney so appointed shall serve during good behavior, and shall be liable to be summarily removed by the Governor for good and sufficient cause. It shall be the duty of the district attorneys of the country paiishes to represent the tax collectors of said parishes in the collection of delinquent licenses in case no attorney shall accept such ai^pointment or in case the attor- ney so appointed refuses to act. On the first day of March of each year the tax collector or ex-oflficio tax collector shall deliver to the attorneys herein pro- vided for, a complete list of all delinquent license payers^ together with their location and kind of business, and the attor- ney shall immediately proceed to collect same in accordance with this act, and if not collected within thirty days from the date of delivery of the lists of the collector of taxes or ex-officia collector of taxes, it shall be the duty of said attorneys to render a written report giving the reasons for non collection to the col- lectors, whose duty it shall be to forward such report to the Auditor of Public Accounts. Provided, that the attorneys herein provided for, clerks of court, sheriffs, constables or other officers, shall receive no compensation, commission, salary^ docket fee or fees for services rendered in any suit or action for the collection of licenses under the provisions of this act in which the said tax collector or ex-ofiBcio tax collector has failed to obtain full and complete satisfaction and payment of any judg- ment in favor of the State of Louisiana ; and provided further, that said attorneys, clerks of court, sheriffs, constables or other officers shall receive no compensation in any license suit for services rendered in which judgment has been rendered against LICENSES. 127 said tax collector or ex officio tax collector of State of Louisiana. S. 1, Act 106, 1891. Sec. 175. [Penalty for Failure to Enforce Procuring of License.] That if any tax collector or officer, whose business it is to issue State licenses, shall through incompetency, negligence, or fault on his part, fail to enforce the procuring and rectifying thereof by persons required to have them, he shall be responsible on his bond for all (himages to the State arising therefrom. S. 25, Act 150, 1890. Sec. 176. [Interest on Delinquent Licenses ] — That all unpaid licenses shall bear interest at the rate of two per cent per month from the first day of ^ arch, and the payment thereon shall he secured by first privilege in favor of the 6tate upon the property, movable or immovable, of the delinquent owing the license, and the tax collector or ex officio tax collector shall collect said license and interest in the manner provided by existing laws. S. 2, Act 100, 1894. Sec. 177. [Gross Receipts to Form Basis of License.] — That all gross receipts derived from any mercantile business or occupa- tion whatsoever, as hereinbefore provided, whether earned within or without the State, sh>ill form the proper basis upon whicli all licenses shall be assessed and collected by tax col- lectors. S. 27, Act 150, 1890. Sec 1 78- [Persons Having More Than One Place of Business ] That a person, firm or company, having more than one place of business, shall pay a separate license for each place of business. S. 28, Act 150, 1890. Sec. 179. [Repealing Clause.] — That all laws or parts of laws in conflict with this act are hereby repealed. S. 29, Act 150, 1890. .2Ps.:eFE:NiDix. Extracts From Decisioks — Supreme Court I'aitiiersbip property should be assesse 1 under the lirui name. 35 A., 952. Land held in indi vision must be assessed aec.'ordinji' to the title, and only the undivided interests of the joint owners, and not any definite part w stipulated nundjer of aeres, ean be legally assessed as the i)roperty ofone ot them. 33. A., 1155. Assessment of wife's separate pnipertv under her husband's name is void. 32 A., 024. After divorce, assessment siionhl be made in tiie lady's maiden name, in which siie acquit eerty and recorded her title thereto. 3S A., 400 After death of the owne: propeity sliould be assessed to the estate or succession, and when lu'irs are [xir in possession should be assessed to the heirs ot' deceased jx-rson, 33. A., 554. Prior application to P>oard of Review is an indispensable condition precedent to the ri;iht to sue for reduction of assess- ment. 39 A., 413. The description of urban property, required for assessment purposes, may be made by reference to the plan of the city, town or village, where there exits any; otherwise the property must be designated by the boundaries ot the streets within which it is situated, giving in all cases the dimensions and mentioning the name of the street on which it fronts. 34 A., 259. Coal brought from Pennsylvania to New Orleans for sale can legally be taxed by the State of Louisiana. 33 A., 843. EXTKACTS FROM DECISIONS— SUPREME COURT. 129 Au assessment of property in the uame of L. H. Stafford, or ■of L. A. Stafford, is not an assessment in the name of the owner, when L. H. Stafford never was owner and when L. A. Stafford had been dead for ten years; when tbe property had been vested in his snccession, and when that fact had been formally notified to the proper officers and was ascertainable from the archives of their own offices. A notice of the tax collector addressed to "B. S. Lee, agent of L. H. Stafford," is not a notice to the succession of L. A. Staf- ford," or to an agent of said succession. A seizure of property as ''the property of L. A. Stafford" is no seizure as against the succession of L. A. Stafford; and the^ recording of such seizure is not the recording of a seizure against said succession. A transfer of the right, title and interest of L. A. Stafford in property ten years after his death operates no divestiture of the title of his succession. A sale of property belon.uing to the succession of L. A. Staf- ford as the property of L. A. Stafford, and for taxes due by L. A. Stafford as owner, is inoi)eraTive against said succession. 33 A., The notice to be gi\ en by the tax collector to the owner or agent and the return to be made by the latter in assesment proceedings are acts required to be done but once, and when once validly performed have their full effect without regard to the subsequent changes of ownership. Therefore, if the owner dies after said notice and return it is proper for the assessors to put on the rolls, instead of his name, that of his succession; 33 A., .")54. Goods sent from one State to another are not lawful objects of taxation while they are in transit between the place of origin and the place of destination. Goods thus sent cease to be in transit and can be subjected to taxation the moment they reach their place of destination. 40 A., 226. 9 130 EXTRACTS FKOM DECISIONS— SUPREME COURT. Art. 211 ot the Coustitutiou which provides that "taxes on inovabh^. property shall be collected iu the year in which the assessment is made" cannot be construed as implying a prohibi- tion from attempting- to collect such taxes during the following or in a subsequent year. 42 A., 374:. When property has been assessed t<5 two different persons for the same year, a payment of the taxes by either will defeat the power of the tax collector to sell. It matters not that the party making the payment is not the true owner. 42 A., 853. When there is a title ot record in the archives of a parish it is no part of the assessor's official duty to call in question the verity of that title and go back to a former title. 47 A., 5. The shares of tlie capital stock of a manufacturing corpora- tion, when held an«i ov.ned by an insurance company, are tax- able as being part of its assets, notwithstanding the capital, machinery a'd otl'ier property of said nmnufacturing corporation are exempt from taxation by constitutional provision. 47 A., 14!>S. The i>olice jury, acting as a board of revicvvers, cannot, by ordinance, reduce the percentage of the assessment for the year, by wards or otherwise. They can levy such a certnin percentum on the total afisessmeiit as, in their view, may be necessary to defray the i)ar()chial expenses; but they cannot reduce to the standard of parochial necessities. 39 A., 530. la the assessment of the shares of a bank, where capital is rtprt'.>ented by stock, it is immaterial whether the capital was or vr;!s not invested in United States bonds niid State bonds, aithoijgh, as a rule, the same be, themselves, exempt from taxa- tion. The words "are exempt property," found in Section 27 of Act 97 of 1880, relating to deductions from the amount of taxes assessed to such shares, do not apply to United States bonds, or to State bonds, in which the capital of a bank, State or i^ational, represented by shares, has been invested. 41 A., 181. EXTRACTS FROM DECISIONS— SUPREME COl'RT. 131 The actual casli value of property is the constitutional basis of its taxation. The actual cash value of real or personal i^rop- ertj' is the price it would sell for cash, in the ordinary course of business, free trom all incumbrances, otherwise than at forced sale. 41 A., 1150. The powers of the board of reviewers, created by Sees. 22 and 23 of Act No. 106 of 1890, are quasi ■Judicial in character and must be exercised in the manner indicated by law. In the matter of the correction of the assessments of indi- vidual citizens or corporation.-, the board of reviewers is author- ized to take action only upon a special opposition made by the party alleging himself to be aggrieved, and for the purposes of such a contest before the board a sworn declaration of the tax- payer, such as is required bj^ Sec. 10 of Act Ko. 100 of 1890, is essentially necessary. Ex re?. Johnson vs. Tax Collector, 39 A., 538. An assessor called on by the board of reviewers to revise his rolls, has the right to call in question the fact whether the board in making alterations therein had acted under the circum- stances which the law required to exist as conditions of its taking action, though he be not authorized to dispute their con- clusions of fact when acting within their statutory jurisdiction, 48 A., 1350. A tax sale of property in its entirety, composed of distinct portions acquired under separate titles, will not be sustained if it is reasonably certain a smaller portion could have been sold for enough to pay unpaid taxes, interest and costs. The constitutional requirement that the tax collector shall sell at the tax sale the least quantity of the property that will bring the unpaid taxes, is not fulfilled by the statement that he offers any portion that any one will buy; the offer should be of a x>ortion specific as to quantity and location, so that the purchaser may know what he buys and that delivery may be made. 47 A., 1294. 132 EXTKACTS FEOM DECISIONS— SUPKEME COURT. The former owner of property, sold by the tax collector, can- not complain of the iuvsufficiency of the description of the prop- erty in the advertisement of sale, Tvhen the defective description is that given by the owner himself, or his agent, in his return to the assessor. And parties whose title is purely derivative from said former owner have no better right to raise the objection. 33 A., 554. A sale of property to pay State taxes will not cancel or release either State or city taxes of a subsequent year. 31 A.,. 471. A sale of property against which liens, privileges and mort- gages exist, and are recorded in favor of the State for taxes or licenses, remain undisturbed thereby, and are not extinguished against the property and not transferred to the proceeds of sale. This is true whether it be a judicial sale or extra-judicial. 39' A., 47. An unknown owner of assessed immovable property is one? who has no agent to represent him, and whose place of business,, residence and postoffice address are not known. 45 A., 594. An assessment which does not contain a description suffi- cient to identify the property assessed is illegal and void. The object of a description is to enable the owner to ascer- tain from the list itself that the tax charged against him has been assessed upon his land and not upon that of a stranger. 45 A., 1370. It appearing that in previous years the property had not been assessed to any one, and not being able to obtain from the conveyance records of the parish wherein the same is situated, or by inquiry of the adjacent property owners, who is the pro- prietor thereof, it is permissible for the assessor to list it as that of an unknown owner. 45 A., 485. Newspaper publishers are exempt from license taxation by Art. 206, Constitution. 42 A., 5G1. KXTKACTS FROM DECISIONS— SUPREME COTRT. 138 One who prints billheads, orders and other forms for com- luercial purposes on pai)er bought by him, and who] cuts and folds the paper into shapes for such purposes, as will serve lor ledgers and commercial books, is not a manufacturer of sta- tionery, entitled to exemption from taxation. 47 A., 276. Capital and machinery employed in the manufacture of illu- minating gas for street lighting is not exemjjt from taxation. 47 A., 65. A person or corporation engaged in the manufacture of new articles of commerce, such as crackers, fancy soap and Italian paste is exempt from a license tax. 47 A., 160. The machinery and property employed in making barrels, from material already prepared, is not exempt from taxation. 47 A., 1314. When a mechanic is employed to do a particular piece of work — for instance to do the carpenter's work on a house, or to plaster or to paint the same, and he works at his trade and employs others to assist him in his work, he is exempt from the license tax. But when he undertakes to build houses generally » and superintends the work and performs only such mechanical labor on them as his pleasure may dictate, or to show or direct those employed by him, he does not follow exclusively on the the buildings, employing others to assist him, but he is a con- tractor or master builder, employing others to do the work, exclusive of his labor. 45 A., 44. When a mechanic goes outside of his occupation and employs others of a different pursuit, such as brickmasons, painters and slaters, in the erection of buildings, his business is that of con- tractor and he is not exempted under Art. 200 of tlif < Constitu- tion. 45 A., 2ly. A building contractor is not exempted from license because in connection with his business as contractor, he does some mechanical labor. 45 A.. 340. 134 ESTK ^CTS FROM DECISIONS— SUPREME COURT. Shingles, latlis, matched ceiling, dressed flooring, sidings, pailings (dressed and headed), fencing, laths, mouldings, car sidings cut to lengths, dressed finished mouldings, casing, moulding, baseboards, are articles of wood, ready for immediate, conA^enient and general use and exempt from taxation under Art. 297 of the Constitution. 45 A., 454. Articles of wood, such as planks, joists, sills, etc., which are intended for parts of a particular structure are not such articles as are intended for general, immediate and convenient use, each complete in itself. ^ ^^ ^aViefe|^,)^|i^^ JU Louisiana^ Laws, 3296 statutes, etc. A3 Comp ila tion of .. ^ 1897 laws to LTovide a revenue for the AA 000 562 375 6 state! of Louisi- ana- ^ HJ 3296 a3 1897 ♦,