The Birmingham age-herald., 1903-10-09

De II enacted by the Legislature of Ala @ @oama that an act entitled an Act to bet ter provide for the revenue of the State, 1 approved March 4th. 1903 be amended as loIloWs; That Section 10 of said act be n,nehaea sa sn5 so as to read as follows Sec: " " NHeheNer the tax commis ssi0ner or any county shall find or 1t shall otherwise come 10 his knowledge that any person or pf9ferty has been assessed at what he Sonsiuers an undervaluation, it shall be nls duty to make an additional assess Hlent against such person or property and t., to return S the same to the court of Coun- i " CommtSsioners or other court of like jurisdiction. at the next succeeding term tnereof. which court shall hear such tax oopaiinlsSloner S,a a, upon such undervaluatloh, ana unless they are fully satisfied that sucn underYaluation does not exist. they snail give notice. try and dispose of said assessment as in other cases of under valuation; provided that no taxpayer shall be required to have the valuation of ls ms assessed property passed upon by the board under proceedings by service of cisation ,. ia on him by the board more than one tlne during the same tax year; and PIoNiaeu, further. that where any tax payer mas had the valuation of any prop erty fixed either by agreement with the sIaA comHlsslOner or by trial before the court of County Commissioners or other court or like Jurisdiction. or in the Circuit 6 6Sou5t. that in that event the valuation so hxed shall be the valuation of the prop erty so valued for the succeeding tax year. provided that the property remain ssupstdntlally In the same condition as to | commissioners | recelNe lO per centum of the tax arising rom such additional assessments. Tax commissioners may appeal within ten ussys 10 the Circuit Court from the order
 See 2 That said act entitled an Act to better provide for the revenue of the. state De further amended by adding there- 10 the following additional sections. A. EVery foreign corporat on except rail- road, telegraph, long-distanee telephone. express and sleeping car, life and fire in nn af,fn 1.,fI soelatlons. banks or banking associations authorized to do business under the gen eral law, shall pay to the Judge of Pro o- | pate of tfe county In which 1t has rest dent agent license fee of one-tenth of one per centum for the use of the State and of one-half that sum for the use of itn tise county, Tor the privilege of exercising 1 its corporate franchises or for carving on It's corporate business ln such c5rpn- rate or organized capacity in this State to pc computed upon the basis of the actual amount of capital employed by 1t l within this State. The tax hereby imposed snail be due and payable on the first day or January of each year by every such ioreign corporation then doing business | Tn this State, to be computed upon the | pasls Of the amount of capital actually employed by It within the State during | the year preceding such date. Every for elgn corporation, not authorized to do business in this State. shall pay to the | State Treasurer for the use of the State tax of one-tenth of one per centum upon the amount of capital to be actually | employed in this State before filing in<the office of the Secretary of State the paper necessary to enttle 1t to do business in the State. B. The President, or other l executive head, and the Secretary, of 1 every foreign corporation subject to tax under this act, shall make written state ment, under their oaths, to the Judge of Probate, if the tax is payable to him, or to the State Auditor, if the tax is payable to the Treasurer. showing the name of the corporation, the State or county under whose laws 1t was incorporated, its prin- cipal place of business in the State. the total amount of it's capital stock, the ac- tual amount of capital employed in this State if 1t Is a corporation at the time of the statement authorized to do busi- ness in the State, or the actual amount of capital 1t Is proposed shall be employed in the State if it Is a corporation not then qualified to do business in the State The Judge of Probate. or the Auditor. as the case may be, shall have power to sum mons before him any of the officers of the corporation, or any other witness and | to swear and examine them and to inspect any of the books, papers or documents of the corporation and for that purpose to compel their productions; and If he is satisfied from evidence thus obtained that the amount of capital of the corporation
 
 the case may be, in this State, Is placed in the statement at a less amount than 1t | should be, 1t shall be his duty to dem2nd | payment of the tax upon the amount of capital which he finds is actually employ | ed or to be employed in this State. Either the State 0. the corporation may appeal from his finding to the Circuit Court in the same manner as may be done when the Court of County Commissioners f property for taxation. and the proceedings subsequent to the appeal shall be the | same In such cases C. No fore gn | corporation which has paid the taxes re- quired under this act shall be required to pay taxes imposed by. subdivision "A of Section 4122 or Section 1921. of the Code. D.. No foreign corporation required to pay a tax under this act shall do any business in the State of Alabama not constituting 1 interstate commerce, or maintain or de- fend any action in any of the courts of this State, upon a contract made In this | State other than contract based upon in- | terstate commerce. unless such corpora ton shall have paid such tax within sixty days after the same became due Pro | vided that this Act shall not apply to l foreign corporations engaged In the busi- ness of lending money in Alabama. This Act shall not take effect till January 1 l In any one county shall be sufficient, not withstanding the corporation may do bus- ness or have resident agent In morc | than one county.
 Sec g. The enumeration of subjects of taxation In Section 3911 of the Code of | Alabama, as amended by said Act. shall | not be construed so as to interfere, ir any way. with the exemptions from taxa ton provided by law.
 Sec. 4 That Section 4123 of the Code ne amended to read as follows: The Court of County Commissioners of each county except in the cases otherwise provided may at any regular or special term add to the taxes specified In the last preeedin? section such amounts not exceeding hfty per centum of such taxes for county pur- poses as in their judgment may be neces- | sary and no license shall be Issued With out the payment of such percentage for county purposes; provided, that the pro visions of this or the preceding section shall not affect the exemptions provided by any city charter.
 Approved Sept. 30. 1903.
 Official:
 J. THOS. HEFLIN,
 Secretary of State.
 No 3s1l AN ACT tH. 654