The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1914-04-09

mortgages assessable in other couil-
ties of the state.
Atlidavits filed with the assessor
claiming that mortgages have been
assigned to parties outside the state
should not he considered by that off.
Ger, for if such assignments have
really been made, the parties COM
planning have had ample time to file
the same with the county clerk. a
transfer made subsequent to the first
Monday in March has no bearing
upon the duties of the assessor. as
the law requires that all property
within the state upon the first Monday
i'm March shall be property within
the state to lie assessed, and if
the abstract of the county clerk shows
that such mortgage was of record in
his office owned by a resident mort
gagee it is subject to taxation, and it
| is the duty of the assessor to assess
the same.
The attention of all assessors is at
this time called to Sec. 1856 of the
Code. which contains the following
provisions:
personal property which was in
the state and subject to taxation OH
the first Monday in March of any
year shall be taxable wherever and
whenever found, in any county in the
state, whether the same be owned,
claimed or possessed by the person
owning, claiming, or possessing it, OIL
the first day of March or not, provid-
ed, that in case the same property is
assessed in more than one county, the
county first making the assessment
shall be entitled to collect the taxes"
Copy Of portion of opinion. con.
corning Taxation of Mortgages, is
sued by Attorney General in answer
to question of +. II. Cunningham,
Clerk and Recorder of Fergus Coun-
| ty, March Is, 1914.
March ID, 1914.
Dear Sir:
| am i'll receipt of your letter of the
eth inst, wherein you request an
opinion upon the following PROPOSE
tons:
'"1st, 1t has been the practice on
the part of the Loan Companies of
this county to make an affidavit OH
the first Monday in March, reciting
that certain mortgages appearing of
record in their respective names have
been assigned, bpt the assignments
are not of record. This affidavit is of
course for the purpose of avoiding
taxation on those certain mortgages
claimed to have been assigned, but
which assignments are not recorded.
These assignments are supposed to
be nom residents of the State of Mon
tana. The same practice has been
followed by the Lewistown Brew
ing Company, the latter holding GER
tain chattel mortgages and one real
estate mortgage against divers indi-
viduaIs. The affidavit recites that
these mortgages have been assigned
to one of the local banks, but there
was no assignment of record.
The question is, is the Board Of
County Commissioners authorized to
accept these at1idavits as evidence of
the assignment OF the mortgages and
relieve the holders from taXation?'
In regard to the first of these prop
ositions, will say that under Section
249s. Revised Codes of Montana, all
property in this state is subject to
taxation, except such as is specially
exempted by the provisions of Section
2499. Section 251O provides that the
assessor must annually. between the
first Monday of March. and the first
Monday in July, ascertain the names
of all taxable inhabitants, and all
property in his county subject to
taxation. Section 2511 provides that
the assessor must require from each
person Il statement under oath, set
ting forth specifically all the real and
personal property owned by such
person, or in his possession, or under
his control. at 12 O'Clock m. OH the
first Monday in March. Section 2514
gives every assessor power to subpoena
and examine amy person in relation
to any statement furnished to him, or
which discloses property which is
assessable in his county, but severely
penalties every person who refuses to
furnish the required statement. or to
make and subscribe the required affi-
davit, or to appear and testify when
requested SO to do by the assessor.
Section psi provides that any prop
erty wilfully concealed, removed,
transferred Or misronrooon+od hv tho