Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-04-18

Published March a, 1851


CHAPTER 196-GsEKRAL.
AN ACT to provide for the re asses ent and eoee
ton of delinquent taxes OF ] IS and 1866, on III,
shares Of national banks In this state.
The people Of the state OF Wisconsin, represented II
senate and assembly, do enact as follows:
Section IL shall be the duty Of the state treasurer
TO transmit as practe sbe, 90 the ASSES or o.
every civ ward or town IN this state 10 which Is oea-
ted any banking association organized under law o.
he United States, statement prepared rom we
information within his reach showing the date OF the
Organization Of such bank, aud the amount OF its cap
ital stock and the names OF the persons VINO were
shareholders Ia such banks on tg Ssh DAY o. June
her Of shares held then by each and sttung whether
he tsxe due 70 the for the year 1865 1885,
for hath Of said years remain unpaid.
Sec 2 Il shall be the duty Of the Of every
such city ward town, 20 include In the valuation
OF the personal property for the year 1855 Of any per
son or corporation whether residing located in
Of such city, ward or town. the shares Of such
banking association which were owned BY such person
corporation the time fixed by law for tue assess
ent OF personal property Ia each OF The years for
viii taxes thereon appear by said statement Of he
stale tO remain unpaid, and 70 assess such
shares at their true cash value at h time but such
shares shall In 80 case be assessed at more than their
par value.
Sec. 8 such assessor may apply to any officer or
manager Of such banking ASSOCIATION for the names Of
such Shareholders End upon such application, II shall
% the duty Of such Oeer or manager 70 iGrnlsh 70
such assessor correct list Of all the shareholders IN
such association during each Of said years separately,
showing their respective places Of residence, 50 far
h can ascertain the same, and the number Of shares
held nv each shareholder the 5th day Of june 1865
and the 5fh day Of June, 1866 TO be verified by the
affidavit Of such officer OF manager.
Sec 4sSuch assessor shall inquire into and
tain the true cash value Of such shares at the time fixed
by law for the assessment Of personal property for
taxation during each 81 said years 1853 and 1850, for
which the taxes such shares appear by the state
ment OF the state 20 be unpaid, and 10
able him TO do So he is hereby authorized 70 examine
on oath any officer manager Of such association,
any other person whom be may suppose 20 possess the
necessary information or he may apply 20 any justice
Of the peace o. te county OF county Juog VIC shali
Summon any such officer or manager or other person
appear before him &c such time as the assessor may
designate and answer oath all pertinent questions
that may put 20 him by such assess MS agent or
stt0rney touching the value Of such shares Any
person who shall Wifully neglect refuse to obey the
proc Of such justice county judge be sworn
or make an er 70 the questions aforesaid shall be
deemed gully % misdemeanor, and upon conviction
thereof shall be punished by fine not exceeding
thousand dollars. nor less than two hundred dollars
Sec 8 It shall be the duty Of the clerk Of the city
village or town in which any bank is located, 70 st
down the proper assessment roll opposite the name
Of each owner OF such shares for each Of said years
therein mentioned separately, the per centum
rate Of which was 10 such year assessed and levied
upon other mOnied capital in the hands Of Individual
cit zeus ofthe state, in such city, ward or village,
town, and no greater rate f05fsd hsrter, that the
per cenn or rate to be set down shall net in any
case erced the rate Of and one hslf per centum,
upon the assessed value Of such shares; AID pTOUded
Ia her that Il the organization or any such bank took
place after the fist day Of January In either 81 said
years t1sn the tax 10 be set down for such year
rate above provided for the part Of the year
red the date of its organization bore TO the whole
year.
ect the taxes levied upon such shares In the
manner as upon other personal property are ~
law he collected and may retain ont Of the same
for his fees treeper mt. and the residue as fast
collected n shall pay over TO tn state treasurer.
In case such collector shall seize upon any peTs nal
property the shareholders for the payment Of such
tax proceedings under such seizure and the sale
Of the property seized shall be the same provided
by sections IS and &c Of chapter IS Of the revised stat
utes-
same proceedings shall be had for its collection as In
the Of delinquent taxes on other personal prop
erty or the amount may be collected Of the person
owning IN same by action Ia toe nsme Of the state
treasurer in any court Of competent jurisdiction.
Sec. s. No tax levied under The provisions Of this
act shall be held invalid Tor WaDt Ct form or for any
mere omission irregulaIiiy which does not affect
the substantial justice Of such tax
Sec Any such assessor OF collectO who shall viii
f,Iv NEGLECT or ref Sc 70 perform any Of the duties re-
Quired Of him by this act shall be deemed guilty Of
misdemeanor, and upon conviction thereof. shall be
punished by fine not less than ore Thousand dollars
nor more than two thousand dollars by imprison-
ment in the county Jail not less than six months
more than one year.
Sec 10 II any president or cashier Of any such ma
tonal bank shall refuse 70 give 10 the proper assessor
the list and statement ured by the third section Of
this act, the president cashier refusing shall
deemed guilty Of a misdemeanOr, and on conviction
thereof shall be punished by fne not less than two
thousand dollars more than five thousand dollars
sec. H. The stlte treasurer is hereby directed to
forward to each and collector Of taxes at
places where such banks located printed COPY
Of this act, with such instructions he may tins
necessary Il aid them in the performance Of their du
Sec ~ The said banking association may pay d.
Fecily the the amount Of taxes upon
the shares Of their respective shareholder assessed
under this act at any time before the warrant for the
collection Of the Is issued with rebate Of interest
from the time Of such payment until the first day Of
January ensuing and upon exhibition OF the state
tressurers receipt for such taxes, proceedings for col
lection thereof shall be suspended and the collector
snail make return accordingly
Sec. Is The value Of bank shares assessed under
this act shall not be inc uded in the basis for appor
ti0nment Of taxes.
sec a. Any shareholder in any national bank or
banking association In this state may at any time be-
fore the first day Of May A. ID. 1863 pay to the state
treasurer the amount OF tax required TO be LEVIED and
collected upon his share shares in such association
and may Immediately after such payment bring (iR)
and maintain action against the state in the su-
preme court thereof, to recover lack the money so
paid with Interest from the time OF payment at SIX
per cent, In which action the payment so made shall
be taken and deemed to have been compulsory and
not voluntary, and q Il shall be determined by the
supreme court Of this state the supreme court
United States. TO that court in such action
that this state could not under chapter 400 of the laws
Of this state the provisions Of this act, lawfully i'm
vided for in said chapter 400 Of the laws OF 1865
this act and required by this act to be reassssd and
collected, then AL taxes paid OF collected under the
provisions OF tn act such shares together with the
taxes heretofore paid TO the state such
shares BY any nat onll bank or any sharehold T or
shareholders therein for the year Of 1861 shall be
funded and repaid 20 the person party paying the
same his OF their assigns legal representative, with
interest 10 each from the time OF such payment
six per cent, and the court may render Judgment
according In such action. It shall be the duty of
tie secretsry state 70 audit and certify to the
treasure in each such case the amount amounts
% be repaid reunde under the provisions Of this
act with interest as aforesaid and draw his warrant
or warrants on the sre treasurer for the OF
the same and il shall be the duty Of the state
uTer 10 pay the same upon presentation, out of any
money in the treasury not otherwise appropriated No
than i've such actions shall be so brought test
the validity Of the Aforesaid taxes the re-assess
ment thereof
See. II This shall take effect from and after its
passage and publication, and all acts and parts Of
coming within the purview Of this act, so far ss
they conflict with the provisions of this act are
pealed-
Approved March 9, 1865.
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