Year: 1866

dollars; and upon the annual gains, profits,
or income, rents, and dividends accruing
upon any property, securities and stocks
owned in the United States by any citizen of
the United States residing abroad, except as
hereinafter mentioned, and not in the employ
ment of the government of the United States,
there shall be levied, collected, and paid
duty of five per centum. E


Sec 91 And be it further enacted That
in estimating said annual gains, profits, or
income whether subject to duty, as pro-
vided in this act. of three per centum, or of
five per centum, all other national, state, and
local taxes, lawfully assessed upon the pro-
perty or other sources of fincome of any person
as aforesaid, from which said annual gains.
profits, or income of such person is or should
be derived, shall be first deducted from the
gains, profits, OF income of the person or per-
sons who actually pay the same, whether
owner or tenant, and all gains profits, or in
come derived from salaries of officers, or pay
ments to persons in the civil, military, naval,
or other service of the United States, includ-
ing senators, representatives, and delegates
in Congress. above six hundred dollars, or
derived from interest or dividends on stock,
capital, or deposits in any bank, trust COM
pany, or savings institution, insurance, gas,
bridge, express, telegraph, steamboat, ferry
boat, or railroad company or corporation, or
on any bonds or other evidences of indebted
ness of any railroad company or other corpo-
ration, which shall have been assessed and
paid by said banks, trust companies, savings
institutions, insurance, gas, bridge, telegraph,
steamboat, ferry-boat, express, or railroad
companies, as aforesaid, or derived from ad-
vertisements, or on any articles manufactured,
upon which specific stamp or ad valorem
duties shall have been directly assessed or
paid, shall also he deducted; and the duty
herein provided for shall be assessed and col
lected upon the income for the year ending
the thirty first day of December next preced-
ing the time for levying and collecting said
duty, that is TO say, on the first day of May,
eighteen hundred and sixty-three, and in
each year thereafter: Provided, That upon
such portion of said gains, profits, or income,
whether subject to duty as provided In this
act of three per centum or of five per centum,
which shall be derived from interest upon
notes, bonds, or other securities of the United
States, there shall be levied, collected, and
paid duty not exceeding one and one-half
of one per centum, anything in this act to the
contrary Notwithstanding


Sec. 92 And be it further enacted, That
the duties on income herein imposed shall be
due and payable on or before the thirtieth
day of June, in the year eighteen hundred
and sixty-three, and in each year thereafter
until and including the year eighteen hundred
and sixty-six and ON longer; and to any sum
or sums annually due and, unpaid for thirty





and for ten days after demand thereof by the
collector, there shall be lived in addition
thereto, the sum of five per centum on the
amount of duties unpaid, as penalty, except
from the estates of deceased and insolvent
persons; and if any person or persons, or
or party, liable 20 pay such. duty, shall neg
lect or refuse to pay the same, the amount
due shall be lien in favor of the United
States from the time it was so due until paid,
with the interest, penalties, and costs that
may accrue in addition thereto, upon all the
property, and rights to property, stocks, Sc
curities, and debts ofevery description from
which the income upon which said duty Is
assessed or levied shall have accrued or may
or should accrue; and in default OF the pay
ment of said duty for the space of thirty days,
after the same shall have become due, and be
demanded, as aforesaid. said lien may be en-
forced by distraint upon such property, rights
to property, stocks, securities, and evidences
of debt, by whomsoever holden and for this
purpose the Commissioner of Internal Re-
venue, upon the certificate of the collector or
deputy collector that said duty is due and
unpaid for the space of ten days after notice
duly given of the levy of such duty, shall is
sue warrant in form and manner to be pre-
scribed by said Commissioner of Internal
Revenue, under the directions of the Secretary
of the Treasury, and by virtue of such war
rant there may be levied on such property,





evidences of debt, a further sum- to be fixed
and stated in such warrant, over and above
the said annual duty, interest, and penalty
for non-payment, sufficient for the fees and
expenses of such levy. And in all cases of
sale. as aforesaid, the certificate of such sale
by the collector or deputy collector of the
sale, shall give title to the purchaser, of all
right, title, and interest of such delinquent
in and to such property, whether the prop
erty be real or personal and where the sub
iect of sale shall be stocks, the certificate of
said sale shall be lawful authority and notice
to the proper corporation, company, or as
sociation, to record the same on the books or
records, in the same manner as if transferred
or assigned by the person or party holding
the same, to issue new certificates of stock
therefor in lieu of any original or prior cerh-
fcates. which shall be void whether cancelled
or not and said certificates of sale of the
collector or deputy collector, where the sub
ject of sale shall be securities or other evil
dences of debt, shall be good and vailed re-
ceipts to the person or party holding the
same, as against any person or persons, or
other party holding, or claiming to hold,
possession of such securities or other evidences
of debt.


Sec 93 And he it further enacted, That
it shall be the duty of all persons of lawful
age and all guardians and trustees, whether
such trustees are so by virtue of their Office
as executors, administrators, or other fdu-
ciary capacity to make return in the list or
schedule, as provided in this act, to the
proper officer of internal revenue, of the
amount of his or her income, or the income of
such minors or persons as may be held In
trust as aforesaid, according to the require
ments hereinbefore stated, and in case of
neglect or refusal to make such return, the
assessor or assistant assessor shall assess the
amount of his or her income and proceed
thereafter to collect the duty thereon in the
same manner as is provided for in other classes
of neglect and refusal to furnish lists or
schedules in the general provisions of this act,
where not otherwise incompatible, and the
assistant assessor may increase the amount of
the list or return of any party making such
return, if he shall be satisfied that the same
is understated Provided, That any party,
in his or her own behalf, or as guardian or
trustee, as aforesaid, shall be permitted to,
declare under oath or affirmation, the form
and manner of which shall be prescribed by
the Commissioner of Internal Revenue, that
he or she was not possessed of an income of.