Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-04-16
ORDINANCE.
An Ordinance Regulating Taxation
In the City of Memphis.
MERCHANTS.

MERCHANTS.
Section /. Be II ordained BY the Genera
Council of the city of Memphis. That here
after all merchants. commission merchants
manufacturers, and all other dealers, shall
pay an dd Vatorcm tax upon the capital IN,
vested in their business equal 20 that levied
on all taxable property; and the term 'mer-
chant" shall include all persons and copart.
nerships engaged in trading in any kind OF
goods, wares or merchandise. either on land.
or at or on any steamboat, wharf-boat, OIL
other craft, stationed st or plying within the
corporate limits of the city of Memphis.
whether such goods. wares or merchandise be
kept on hand for sale. either on commission
or otherwise. or be purchased and delivered
for profit as ordered. Provided. that this sec
ton shall not affect in anywise the levy aud
collection of privilege taxes upon the avoca-
tions declared by law to be taxable as privi-
leges, except merchants and persons doins
the business of selling merchandise upon
commission.
Sec. 2. And no merchant or commission
merchant shall commence or continue bust
ness in the city of Memphis. without obtain
ing from the City Register of the city of
Memphis. n license in accordance with the
provisions of this ordinance. And every per-
son and every copartnership who shall violate
the provisions of this section, shall be guilty
of a misdemeanor for each days violation OF
the same, and shall be arrested as in other
cases Of misdemeanor. and on conviction be-
fore the Recorder shall be fined. for each sep
arate otfense not less than five nor more than
fifty dollars, which shall be collected as other
fines are collected.
Sec. 8. Every merchant or commission
merchant and copartnership, before receiving
license, and at the end OF each twelve
months thereafter, shall execute bond to
the city of Memphis, with good security. TO
be approved of by the City Tax Collector and
the City Register. in the sum of one thousand
dollars conditioned that such merchant or
commission merchant will render to the City
al. As a.Iw he
from the date of the bond a true statement;
under oath, of the amount Of capital invested
in the business carried on during the twelve
months preceding, and will pay to the Tax
Collector the tax thereon, as provided by law.
And 10 fix the amount of capital 50 invested,
the amount of cash, or its equivolen as
bonds, notes, or other evidences. or securi-
ties of value in place or lieu thereof. or prop
erty, real or personal. of every kind, which
may be or is used as the representative OF
capital or as a basis for the transaction of bu-
siriess. in each case respectively, shall be
considered and held as said capital.
Gee. 4. Upon applying for license and ex-
ecuting a bond as hereinbefore required,
each merchant or commission merchant be-
fore receiving license shall pay TO the City
Tax Collector the sum of twenty-five dollars
(s25); ard when the merchant or commission
merchant pays, the taxes that may De due
upon his capital as herein provided, the said
sum shall be allowed him as credit upon;
and shall be deducted from, the amount of
the taxes due from him.
Sec. s. The ad rdiorem tax provided for
herein shall be payable as other taxes upon
property are, and shall be collected in the
same manner; and for the purpose of ascer-
tanning the capital invested by each merchant
or commission merchant, or copartnership,
which is declared to be taxable, it shall be
the duty of such merchant, commission mer-
chant or copartnership at the time required
by the condition of his bond to report his tax
able capital, to file with the City Tax Collec-
tor a statement. under cath, showing
First-All capital invested by such mer-
chant, commission merchant or eopartner-
ship in a stock of goods. wares or merohan-
disc. whether owned by him, or hold or of
fered for sale by him on commission or con-
Second-All capital employed during the
preceding twelve (l2) months in any manner
Of trading. whereby no stock of goods. wares
or merchandise is. or has been kept on hand,
unless such business is otherwise taxed as
privilege.
The statement herein provided for shall be
sworn to BY the person or persons making IL,
or some enc of them; but i shall not be con-
elusive upon the City of Memphis as 70 the
actual amount Of the taxable capital, but 1T
NAV be shown to be false. and. in such case,
the Tax Collector shall ascertain. by the best
evidence in his power, the actual amount OF
tn : Ia xable capital of the merchant. commits
false statement; and, when he ascertains
such actual amount of capital, he shall levy
and collect the taxes herein provided for
upon such actual amount. 1t shall be the
duty Of the Tax Collector to provide tne
necessary blanks for the statements required
By this section, and he shall furnish the same
TO any person desiring TO make such state
Sec. 8. That the license provided fol. in the
second section of this ordinance shall be is
sued for the term Of twelve months, but shall
he. and become, forfeited in all cases by the
violation of any Of the provisions Of this or
dinance. sand at the end of the term Of each
license, a new one shall be taken out as pro-
yided for in this ordinance.
Sec Z. That every merchant and copart-
nership who is engaged in business in the city
of Memphis under existing ordinances. snail,
within thirty days from the passage OF TINS
ordinance, make bis report TO the City Tax
Collector and pay the taxes that have become
due from him since his last report as now re-
quired by ordinance, and shall then surrender
his existing license and receive from the City
Register license in accordance with the pro-
visions Of this ordinance.
Sec. 8. That the bond required by section
three of this ordinance shall be forfeited by
a failure to render the statement, under the
oath, as therein required. or by rendering a
false statement, or by falling To- pay the taxes
assessed, OF due, at the time or in the manner
herein provided; and II shall be the duty OF
the City Tax Collector TO hand all such bonds
as become forfeited to the City Attorney, who
shall bring suit upon the same for the heneht
Of the city, and, In case of a breach OF the
bond and such suit, the city of Memphis
shall be entitled 20 recover the full amount OF
the penalty specified in the bond, and an
agreement to that effect shall be inserted
therein. And no recovery 90 the bond shall
Memphis to collect the taxes that may remain
unpaid and due from the merchant. commits
sion merchant or c0paTtnership making IT, or
any other right or remedy the eiiy may nave
against him By tho provisions ofthis ordinance
~ otharwfee
Sec. 3. That II shall be a misdemeanor to
violate any of the conditions Of the bond re-
auired by section three Of this ordinance, or
any Of the requirements Of section hye, and
the party offending shall be liable 70 arrest
and punt, hment therefor. as in other cases oil
misdemeanor.
PROPERTY TAX.
See. 10 That all real estate. and all per-
sonaI property, to-wit: stallione, mares
Reldi1gs, mules. jacks. jennets, cattle, sheep,
goats and hogs; also, oil money secureq oy
mortgage or deed o. trust, money W aetlai
or constructive possession, money due from
solvent debtors, whether By bond, bill sim
Gle. promissory note, bill of exchange or
Judgment; also. all articles Of agreement Tor
the payment Of money, ana accounts on SOL
vent parties bearing interest, owned or pos
sessed by any person or persons whatsoever,
except notes or bills for work OF labor done
also, all shares Of stock in any bank. lnsutu-
ton or company now or hereafter lncorpo-
Toted ~. Or n p1rsuhnce Vi, az ~ 1900
State, or any other STATE, OF OF the United
States Of America. which bank, OF init ntioll,
or company, is located in the corporhte ilInlts
Of the city Of Memphis. and not elsewhere
whether the stockholders, OF any OF them re,
side in the city Of Memphis or not; and All
public bonds or stocks whatsoever. All IN
ION e. from bonds or stocks which BY the laws
Of Ihe 'Jnitsi States OF by the lave Of the
STATE OF 1'ennessee afe exempted rom taxa
ti0ni al nancy loahed o. invested ~ inle
rest Ia The city 81 Memphis, or ELSEWHERE
including neHsS Of orphans. lesats aa,. eng ~