Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-04-17
ORDINANCE.
An Ordinance Regulating Taxation
in the City of Memphis.


L.
: Council Of the city Of Memphis. That here
! after all merchants. commission merchants
manufacturers, and all other dealers, shai
pay an ad vqtorem tax upon the capital IN
vested in their business equal to 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 iana,
other craft, stationed AZ 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
for profit as ordered. Propided, that this sec.
ton shall not affect in anywise the. levy and
collection Of privilege taxes upon the ayooa-
tions declared by law to be taxable as privi-
i isC except merchants and persons doing
the business of selling merchandise upon
commission.
Sec 2. And no merchant or commission
merchant shall commence or continue busi-
ness in the city of Memphis. without obtain
ing from the City Register of the city OF
| Memphis. a 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 misdem eanOr for each days violation OF
| the same. ant shall be arrested rs in other
cases of misdemeanor, and on conviction be-
| fore the Recorder shall be lined. for each sep
! arate offsnse not less than five nor moro than
| fifty dollars. which shall be collected as other
| fines are collected.
Sec. 8. Every merchant OF. commission
| merchant and copartaership, before receiving
a license, and at the end OF each twelve
months thereafter, shall execute bond 70
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
Tax Collector at the. end of twelve months
| 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 10 the Tax
Collector the tax thereon, as provided by law.
| And TO fix the amount OF capital 50 invested,
the amount of cash, or its equiyolent, as
| bonds. notes, or other evidences or securi.
| ties of value in place OF 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-
siness. in each case respectively, shall be
| considered and held as said capital
Sec. 4. Upon applying for a license and ex-
| ecuting a bond as herenbefore required,
| each merchant or commission merchant be-
fore receiving license shall pay to the City
| Tax Collector the sum OF twenty-five dollars
| (s25) ar when the merchant or commission
merchant pays the. taxes that may be 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. 5. The dd Ualoren tax provided for
herein shall be payable as as other taSe? upon
/
| same manner; and for the purpose OF ascer-
| tanning the capital invested by each merchant
or commission merchant, o. cop=rtl5fship,
which is declared TO- be taxable. " shall De
| 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 statement, under cath, showing
First-All capital invested by such mer-
chant, commission merchant or eopartner-
ship in a stock Of goods. wares or merchan-
disc, whether owned by him, or held or Of
frred for sale by him ON commission or cen
Second-All capital employed during the
preceding twelve (i2) 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
priv eye. -,
The statement herein provided for shall be
sworn to by the person OF persons making II,
or some one of them; but i shall not be con-
elusive upon the City of Memphis as TO 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
the taxable capital of the merchant, commits
sion merchant or copartnership making the
false statement; and, when he ascertalns
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 the
necessary blanks for the statements required
by this section, and he shall furnish the same
10 any person desiring to make such state
ments. a.,
second section Of this ordinance shall be is
sued for the term of twelve months, but shall
be, and become. forfeited in all cases by the
violation of any Of the PROVISIONS OF this or
dinance. And at the end of the term of each
license, new one shall be taken out as pro-
yided for in this ordinance.
Sect. That every merchant and eopart-
nership who is engaged in business in the city
OF Memphis under existing ordinances, shall,
within thirty days from the passage OF this
| ordinance, make his report TO the City Tax
| Collector and pay the taxes that have become
due from him since his last report as now re-
qnired 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. s. 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 failing to pay the taxes
assessed, or due. at the time or in the manner
herein provided; and it 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 benefit
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 recoveryon the bond shall
| in any way affect the right Of the city OF
Memphis to collect the taxes that may remain
unpaid and due from the merchant, commits
sion merchant or copartnership making i, or
any other right OF remedy the CRY may have
against him by the provisions Of this ordinance
Sec, 3. That 1t shall be misdemeanor TO
violate any Of the conditions Of the bond re-
| uuired By section three of this ordinance, or
any of the requirements, Of section hye. and
\ the party offending shall be liable to arrest
and punt hment therefor, as in other cases OF
misdemeanOr.
| PROPERTY TAX.
Sec. 10 That all real estate: and all per-
sonal property. to-wit; stations, mares,
| geldings, mules, jacks, Jennets, cattle, sheep,
/ goats and hogs; also. all money secured by
mortgage or deed Of trust, money IN actual
or constructive possession, money due rom
solvent debtors, whether by bond, bill sin
| gle. promissory note, bill Of exchange or
Judgment: also. all articles Of agreement for
the payment Of money, and accounts on SOL
vent parties bearing interest. owned or pos
sessed by any person OF persons whatsoever.
| except notes or bills fer work OF labor done;
| aIso, all shares Of stock in any bank, institu-
ton or company now or hereaiter lneerpe-
rated by. OF n pursuance of, any law Of THIS
State. or any other. state, 2r Of the Y nited
States of America. which bank. or institution.
| or company. l. located IN the corporate limits
Of the city Of Memphis, and not elsewhere,
whether the stockholders, or any OF them, re,
side in the city Of Memphis or not' and all
public bonds or stocks whatsoever. all IN
comes from bands or stocks which By the laws
OF me United States OF b. the laws Of the
state of Tennessee are exempted from taxa
ton; all money loaned or invested at Int
rest in The city Of Memphis. or elsewhere,
jneiuding money of orphans, legatees and
diStributses under twenty-one years Of
age; ajss. IN household and kitchen fur;
niture, including said and silver piatei az
gold and silver watches and leYelFyi. all
wheels; ali salaries and emoluments OF fees
Of Office, and also sill ether sources q rev
enue and all other property, real and per
sonal, now taxable BY --Se laws Of the ntate q
Tennessee, shail be assessed, listed ana val