tax thereon, as shall, in his judgment, be most effective for the prevention of inequalities and frauds in the payment of such tax. And, in addition Manufacturer, to other regulations, it shall be the duty of the inspector or assessor who &c. to be examined upon appraises any cigars, cigarettes, or cheroots to examine the manufacturer oath, and with thereof or his agent under oath, which oath shall be administered by the what view. inspecting and appraising officer, and reduced to writing, and signed by such manufacturer or his agent, with a view to ascertaining whether such manufacturer has any interest, direct or indirect, in any sale that has been made, or any resale to be made of said cigars, cigarettes, or cheroots, by the concealment of which he seeks to obtain a false, fraudulent, or deceptive appraisement. Section 98. Auction sales. That section ninety-eight be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That there shall be levied and collected and paid monthly on all sales of real estate, goods, wares, merchandise, articles, or things at auction, including all sales of stocks, bonds, and other securities, a duty of one tenth of one per centum on the gross amount of such sales: Provided, That no tax shall be levied under the provisions of this section upon any sales by or for judicial or tain auction executive officers making auction sales by virtue of a judgment or decree of any court, nor to public sales made by guardians, executors, or administrators. No tax on cer sales. Section 99. Sales and con tracts for sale by Rate for sales ing a special tax. That section ninety-nine be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That there shall be paid on all sales made by brokers, banks or bankers, whether made for the benefit of others or on their own account, the following taxes, that is to say: Upon all sales and contracts for the sale of stocks, bonds, gold and silver bullion and coin, promissory notes or other securities, a tax at the rate of one cent for every hundred dollars of the amount of such sales or contracts; and on all sales and contracts for sale negotiated and made by any person, firm or company not paying a special tax as a broker, bank by those not pay or banker, of any gold or silver bullion, coin, promissory notes, stocks, bonds, or other securities, not his or their own property, there shall be paid a tax at the rate of five cents for every hundred dollars of the amount of such sales or contracts; and on every sale and contract for sale, as aforesaid, there shall be made and delivered by the seller to the buyer a bill or mem- Memorandum orandum of such sale or contract, on which there shall be affixed a law- of sales, &c. to be given, and ful stamp or stamps in value equal to the amount of tax on such sale, to proper stamps be determined by the rates of tax before mentioned; and in computing placed thereon. Fractional part the amount of the stamp tax in any case herein provided for, any frac- of $100 to be actional part of one hundred dollars of value or amount on which tax is com- counted $ 100. puted shall be accounted at one hundred dollars. And every bill or memMemorandum orandum of sale, or contract of sale, before mentioned, shall show the date thereof, the name of the seller, the amount of the sale or contract, and the matter or thing to which it refers. And any person or persons liable to pay the tax as herein provided, or any one who acts in the matter as agent or broker for such person or persons, who shall make any such sale or contract, or who shall, in pursuance of any sale or contract, deliver or receive any stocks, bonds, bullion, coin, promissory notes, or other securities, without a bill or memorandum thereof as herein required, or who shall deliver or receive such bill or memorandum without having the proper stamps affixed thereto, shall forfeit and pay to the United States a penalty of five hundred dollars for each and every offence where the tax without stamps; so evaded, or attempted to be evaded, does not exceed one hundred dollars, and a penalty of one thousand dollars when such tax shall exceed one hundred dollars, which may be recovered with costs in any court of covered. the United States of competent jurisdiction, at any time within one year brought within after the liability to such penalty shall have been incurred; and the pen- one year. Penalty recovalty recovered shall be awarded and distributed by the court between ered, how disthe United States and the informer, if there be any, as provided by law, tributed. to show what. Penalty for selling, &c. or delivering, or receiving stocks, &c. without a memorandum; for delivering or receiving memorandum how to be re Suit to be be incurred where there was no intent to ,evade the law. Law in relation to stamp duties who, in the judgment of the court, shall have first given the information Penalty not to of the violation of the law for which recovery is had: Provided, That where it shall appear that the omission to affix the proper stamp was not with intent to evade the provisions of this section, said penalty shall not be incurred. And the provisions of law in relation to stamp duties in schedule B of this act shall apply to the stamp taxes herein imposed to apply hereto. upon sales and contracts of sales made by brokers, banks or bankers, and Monthly tax others as aforesaid. And there shall be paid monthly on all sales by comon sales by commercial brokers. mercial brokers of any goods, wares, or merchandise, a tax of one twenMonthly retieth of one per centum upon the amount of such sales; and on or before the tenth day of each month, every commercial broker shall make a list or return to the assistant assessor of the district of the gross amount of such sales as aforesaid for the preceding month, in form and manner as may be prescribed by the commissioner of internal revenue: Provided, That in estimating sales of goods, wares, and merchandise for the purposes of this section, any sales made by or through another broker upon which a tax has been paid shall not be estimated and included as sold by the broker for whom the sale was made. turns to be made to assessor. In estimating sales, those made by or through another broker not to be included. Section 100. That section one hundred be amended by striking out all after the enAnnual tax on acting clause, including schedule A, and inserting in lieu thereof the folcarriages, gold lowing: That there shall be levied, annually, on every carriage, gold watches, billiard tables, gold or watch, and billiard table, and on all gold or silver plate, the tax or silver plate. sums of money set down in figures against the same, respectively, or otherwise specified and set forth in schedule A, hereto annexed, to be paid by the person or persons owning, possessing, or keeping the same on the first day in May, in each year, and the same shall be and remain a lien thereon until paid. Schedule A. Carriages. SCHEDULE A. CARRIAGE, phaeton, carryall, rockaway, or other like carriage, and any coach, $6.00 10 00 1 00 Carriages of like description, valued above five hundred dollars, each, ten Gold watches. ON GOLD WATCHES, composed wholly or in part of gold or gilt, kept for use, 2.00 Billiard tables. BILLIARD TABLES, kept for use, each, ten dollars.... 10 00 Provided That billiard tables kept for hire, and upon which a special tax bas been imposed, shall not be required to pay the tax on billiard tables kept for use, as aforesaid, anything herein contained to the contrary notwithstanding. On plate, of gold, kept for use, per ounce troy, fifty cents.. On plate, of silver, kept for use, per ounce troy, five cents.. 35 50 05 Gold plate. Exemption of certain silver plate, &c. Repeal of sections 101, 102. Section 103. Tax on gross receipts from passengers and mails, by railroads, steam Provided, That silver spoons or plate of silver used by one family to an amount not exceeding forty ounces troy belonging to any one person, plate belonging to religious societies, and souvenirs and keepsakes actually given and received as such and not kept for use; also, all premiums awarded as a token of merit by any agricultural society, corporation, or association of persons, for any purpose whatever, shall be exempt from tax. That sections one hundred and one and one hundred and two be, and the same are hereby, repealed. That section one hundred and three be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That every person, firm, company, or corporation owning or possessing or having the care or management of any railroad, canal, steamboat, ship, barge, canal-boat, or other vessel, or any stage-coach or other vehicle, except &c. Rate of tax. Tax not to be assessed upon tion; hacks or carriages not running on continuous routes, engaged or employed boats, coaches, in the business of transporting passengers for hire, or in transporting the mails of the United States upon contracts made prior to August first, eighteen hundred and sixty-six, shall be subject to and pay a tax of two and one half per cent of the gross receipts from passengers and mails of such railroad, canal, steamboat, ship, barge, canal-boat, or other vessel, or such stage-coach or other vehicle: Provided, That the tax hereby imposed certain receipts shall not be assessed upon receipts for the transportation of persons or for transportamails between the United States and any foreign port; but such tax shall to be assessed be assessed upon the transportation of persons from a port within the upon other transUnited States through a foreign territory to a port within the United portation: States, and shall be assessed upon and collected from persons, firms, com- and collected. panies, or corporations within the United States, receiving hire or pay for such transportation of persons or mails; and so much of section one hun- Repeal of part dred and nine as requires returns to be made of receipts hereby exempted of section 109. from tax when derived from transporting property for hire is hereby repealed: Provided also, That any person or persons, firms, companies, or Tax upon gross receipts of tollcorporations owning, possessing, or having the care or management of any roads, ferries, toll-road, ferry, or bridge, authorized by law to receive toll for the transit and bridges. of passengers, beasts, carriages, teams, and freight of any description, over such toll-road, ferry, or bridge, shall be subject to and pay a tax of Tax not to be how assessed Rate of tax. months do not added to rate of Where the adfraction of a dition is only the cent. [three]* per cent of the gross amount of all their receipts of every descripassessed, &c. tion; but when the gross receipts of any such bridge or toll-road, for and where gross reduring any term of twelve consecutive calendar months, shall not exceed ceipts for twelve the amount necessarily expended during said term to keep such bridge or exceed needful road in repair, no tax shall be assessed upon such receipts during the repairs. month next following any such term: Provided further, That all such Tax may be persons, companies, and corporations shall, [until the thirtieth day of April, fare. eighteen hundred and sixty-seven,] have the right to add the tax imposed See 1867, ch. hereby to their rates of fare whenever their liability thereto may com- 169, § 9. mence, any limitations which may exist by law or by agreement with any person or company which may have paid or be liable to pay such fare to the contrary notwithstanding. And whenever the addition to any fare shall amount only to the fraction of one cent, any person, or company, liable to the tax of two and a half per centum, may add to such fare one cent in lieu of such fraction; and such person or company shall keep for sale, at convenient points, tickets in packages of twenty and multiples of twenty, to the price of which only an amount equal to the revenue tax shall be added: And provided further, That no tax under the foregoing provisions of this section shall be assessed upon any person, firm, com- gross receipts do pany, or corporation, whose gross receipts do not exceed one thousand dol- not exceed $1000 lars per annum: And provided further, That all boats, barges, and flats Boats, &c. not not used for carrying passengers, nor propelled by steam or sails, which used for passengers, and not proare floated or towed by tugboats or horses, and used exclusively for car-pelled by steam, rying coal, oil, minerals, or agricultural products to market, shall be re- &c. and used exquired hereafter, in lieu of enrolment fees or tonnage tax, to pay an clusively for carrying coal, &c. annual special tax, for each and every such boat of a capacity exceeding to pay an annual twenty-five tons, and not exceeding one hundred tons, five dollars; and special tax. when exceeding one hundred tons, as aforesaid, shall be required to pay How assessed ten dollars; and said tax shall be assessed and collected as other special and collected. taxes provided for in this act. Tickets to be sold in packages No tax where of 20, &c. per annum. Rate of tax. Tax on gross receipts of telegraphic lines. That section one hundred and seven be amended by striking out all Section 107. after the enacting clause, and inserting in lieu thereof the following: That any person, firm, company, or corporation owning or possessing or having the care or management of any telegraphic line by which telegraphic despatches or messages are received or transmitted, shall be subject to and * Reduced to two and a half per cent by act of March 2, 1867, ch. 169, § 9. Rate of tax. Section 110. Tax of one twenty-fourth of one per cent on average amount of deposits subject to draft; upon capital employed in banking; upon circula tion. Circulation to include what. Additional tax on average circulation above 90 per cent of capital. Return of circulation, depos its, and capital to be made monthly; to be under oath or affirmation. pay a tax of three per centum on the gross amount of all receipts of such person, firm, company, or corporation. That section one hundred and ten be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That there shall be levied, collected, and paid a tax of one twenty-fourth of one per centum each month upon the average amount of the deposits of money, subject to payment by check or draft, or represented by certificates of deposit or otherwise, whether payable on demand or at some future day, with any person, bank, association, company, or corporation engaged in the business of banking; and a tax of one twenty-fourth of one per centum each month, as aforesaid, upon the capital of any bank, association, company, or corporation, and on the capital employed by any person in the business of banking beyond the average amount invested in United States bonds; and a tax of one twelfth of one per centum each month upon the average amount of circulation issued by any bank, association, corporation, company, or person, including as circulation all certified checks and all notes and other obligations calculated or intended to circulate or to be used as money, but not including that in the vault of the bank, or redeemed and on deposit for said bank; and an additional tax of one sixth of one per centum, each month, upon the average amount of such circulation, issued as aforesaid, beyond the amount of ninety per centum of the capital of any such bank, association, corporation, company, or person. And a true and accurate return of the amount of circulation, of deposit and of capital, as aforesaid, and of the amount of notes of persons, State banks or State banking associations, paid out by them for the previous month, shall be made and rendered monthly by each of such banks, associations, corporations, companies, or persons to the assessor of the district in which any such bank, association, corporation, or company may be located, or in which such person has his place of business, with a declaration annexed thereto, and the oath or affirmation of such person, or of the president or cashier of such bank, association, corporation, or company, in such form and manner as may be prescribed by the commissioner of internal revenue, that the same contains a true and faithful statement of the amounts subject to tax as aforesaid; and for any refusal or neglect to make or to render return and payment, any such bank, association, corporation, company, or person so in default, shall be subject to and pay a penalty of two hundred dollars, besides the additional penalty and forfeitures in other cases provided by law; and the amount of circulation, deposit, capital, and notes of persons, State banks and banking associations paid out, as aforesaid, in default of the proper return, shall be estimated by the assessor or assistant assessor of the district as aforesaid, upon the best information he can obtain; and every such penalty may be recovered for the use of the United States in any court of competent jurisdiction. And in the case of banks with branches, the tax herein provided for shall be assessed upon the circulation of each branch, severally, and the amount of capital of each branch shall be considered to be the amount allotted to such branch; and so much of an act entitled "An act to provide ways and means for the support of the government," approved March three, eighteen hundred and sixty-three, as imposes any tax on banks, their circulation, capital, or deposits, other than is herein provided, Vol. xii. p. 709. is hereby repealed: Provided, That this section shall not apply to associations which are taxed under and by virtue of the act "to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof." And the deposits in associations or companies known as provident institutions, savings banks, savings funds, or savings institutions, having no capital stock and doing no other business than receiving deposits to be loaned or invested for the sole benefit of the parties making such deposits, without profit or compensation to the association or company, shall be exempt from tax on so much Penalty for refusal or neglect to make returns or payment. In default of returns amount to be estimated. Penalties, how recovered. Tax, how assessed upon banks with branches. Repeal of law, imposing any different tax on banks, &c. 1863, ch. 73. This section not to apply to national banks. 1864, ch. 106. Savings banks to be exempt from tax on deposits invested in United States securities. of their deposits as they have invested in securities of the United States, and on all deposits less than five hundred dollars made in the name of any Deposits of less one person; and the returns required to be made by such provident in- than $500 in the stitutions and savings banks after July, eighteen hundred and sixty-six, person exempt. shall be made on the first Monday of January and July of each year, in Returns, when such form and manner as may be prescribed by the commissioner of in- to be made. ternal revenue. That section one hundred and eleven be amended by inserting after the words" proprietors, managers, or agents of lotteries," the words: "and all lottery-ticket dealers." That section one hundred and fourteen be amended by inserting after the word "periodically," in the first sentence of said section, the words: or otherwise, or publishing any guide, almanac, catalogue, directory, or any other paper or book. name of any one Section 111. dealers. Section 114. Section 120. Tax on divi Same tax on addition to surplus or contingent funds. Tax to be with held from all payments on account of such That section one hundred and twenty be amended by striking out all after the enacting clause and inserting in lieu thereof the following: That there shall be levied and collected a tax of five per centum on all divi- dends of banks, trust companies, dends in scrip or money thereafter declared due, wherever and whenever savings instituthe same shall be payable, to stockholders, policy holders, or depositors tions, and insurance companies. or parties whatsoever, including non-residents, whether citizens or aliens, Rate of tax. as part of the earnings, income, or gains of any bank, trust company, savings institution, and of any fire, marine, life, inland insurance company, either stock or mutual, under whatever name or style known or called, in the United States or Territories, whether specially incorporated or existing under general laws, and on all undistributed sums, or sums made or added during the year to their surplus or contingent funds; and said banks, trust companies, savings institutions, and insurance companies shall pay the said tax, and are hereby authorized to deduct and withhold from all payments made on account of any dividends or sums of money that may be due and payable as aforesaid the said tax of five per centum. And a list or return shall be made and rendered to the assessor or as- dividends. Return to be sistant assessor on or before the tenth day of the month following that in made to assessor which any dividends or sums of money become due or payable as afore- and tax to be said; and said list or return shall contain a true and faithful account of paid within what time; the amount of taxes as aforesaid; and there shall be annexed thereto a to contain declaration of the president, cashier, or treasurer of the bank, trust com- what; pany, savings institution, or insurance company, under oath or affirmation fied. in form and manner as may be prescribed by the commissioner of internal revenue, that the same contains a true and faithful account of the taxes as aforesaid. And for any default in the making or rendering of such list or return, with such declaration annexed, the bank, trust company, savings institution, or insurance company making such default, shall forfeit as a penalty the sum of one thousand dollars; and in case of any default in making or rendering said list or return, or of any default in the return or paypayment of the tax as required, or any part thereof, the assessment and ment and colleccollection of the tax and penalty shall be in accordance with the general tion how to be provisions of law in other cases of neglect and refusal: Provided, That Tax on divithe tax upon the dividends of life insurance companies shall not be deemed due until such dividends are payable; nor shall the portion of premiums returned by mutual life insurance companies to their policy holders, nor the annual or semi-annual interest allowed or paid to the depositors in savings banks or savings institutions, be considered as divi dends. how to be veri Penalty for default in making return. In default of ment, assess made. dends of life in surance companies, when due. What not to be considered divi dends in life insurance companies and savings banks. Section 122. That section one hundred and twenty-two be amended by striking out all after the enacting clause, and inserting in lieu thereof the following: That any railroad, canal, turnpike, canal navigation, or slack-water comTax on divipany, indebted for any money for which bonds or other evidence of indebtedness have been issued, payable in one or more years after date, terest on bonds dends, and inupon which interest is stipulated to be paid, or coupons representing the of railroad, ca |