act any business, unless the rector, if there be one, and at least one of the church-wardens and a majority of the vestrymen be present; and such rector, if there be one, and if not, then the church-warden present, or if both the church-wardens be present, then the church-warden who shall be called to the chair by a majority of voices, shall preside at every such meeting or board, and have the casting vote.

SECT. 26. This act shall be in force from and after its passage, and approval by the governor.

Take effect, when.

Approved May 13, 1862.

W. JAYNE, Governor.

REVENUE.

CHAPTER 69.

AN ACT IN RELATION TO REVENUE.

Be it enacted by the Legislative Assembly of the Territory of
Dakota:

County comgovernor and

missioners levy,

secretary fix tax.

SECTION 1. That the board of county commissioners of each county in this territory shall annually, as hereinafter and provided, levy the following taxes upon the assessed value of the taxable property in the territory. The governor and secretary of the territory are hereby authorized to fix the amount of territorial tax for each year, according to the provisions of this act: 1. For territorial purposes, the tax shall be three fourths of a mill on the dollar, when no rate is fixed by the governor and secretary of the territory; but in no case shall a levy for territorial purposes exceed one and one half mill on a dollar. 2. The [For] county revenue, including the support of the poor, not more than two mills on the dollar, and a poll-tax of one dollar. 3. For making and repairing roads and bridges, not more than one mill on the dollar.

Property exempt from taxation.

Taxed property embraces, what.

SECT. 2. The following described property is hereby exempt from taxation: 1. The property of the United States and that of this territory; the property of any county, township, incorporated town, or school district, when devoted entirely to public use; public grounds, by whomsoever devoted to the public, including all places for the burial of the dead. 2. Fire engines and implements used for extinguishing fires, with the grounds used exclusively for the buildings of a fire company. 3. All grounds and buildings of literary or scientific institutions, [incorporated] under the laws of this territory; also the grounds and buildings of benevolent, agricultural, and religious institutions, and societies devoted solely to the appropriate objects of these institutions, not exceeding six hundred and forty acres in extent. 4. The books, papers, and apparatus belonging to the above institutions, and used for the purpose above contemplated, and the like property of students in any such institutions; moneys and credits belonging to said institutions, not exceeding in amount the sum prescribed in their charter. 5. Animals not specified in the next section, the wool shorn from sheep belonging to the person giving the list. The provisions for any family, sufficient for the sustenance of the family for one year; private libraries, not exceeding one hundred dollars in value; family pictures; libraries of clergymen; household furniture, not exceeding two hundred dollars in value; the wearing apparel of every person. 6. The polls or estates or both of persons who, by reason of age or infirmity, may, in the judgment of the assessor, be unable to contribute to the public revenue. 7. The farming utensils of any person who makes his livelihood by farming, and the tools of any mechanic, not in either case to exceed one hundred dollars in value. 8. Government lands shall not be taxed for the year in which the entry, location, or purchase is made.

SECT. 3. All other property, real and personal, within this territory, is subject to taxation in the manner herein directed. This section is intended to embrace lands and lots in towns, including lands bought from the United States, term [ferry] franchises and toll-bridges, which for the purpose of this act, are considered real property, horses, cattle, mules, asses, swine, and money, whether on deposit or in possession, and including bank-bills, money, or property, due from solvent

debtors, on contract, or judgment, property situated in this territory, belonging to any bank or company, incorporated or otherwise, public stocks or loans, household furniture, including gold and silver plate, private libraries, exceeding one hundred dollars in value, carriages, stages, hacks, wagons, farming utensils, machines and machinery, and mechanics' tools, for their value over one hundred dollars, boats and vessels of every description, wherever registered or licensed, and whether navigating the waters of the territory or not, if owned wholly or in part by persons who are inhabitants of this territory, annuities, but not including pensions from the United States, nor salaries or payment expected for services to be rendered.

Who shall

assist in listing

SECT. 4. Every inhabitant of this territory, of full age and sound mind, shall assist the assessor in listing all prop- property. erty subject to taxation in this territory of which he is the owner or has the control or management, in the manner hereinafter described. The property of a ward is to be listed by his guardian; of a minor by his father if living, if not, then by his mother if living, and if not, then by the persons having the property in charge; if a married woman, by herself or husband; if a beneficiary for whom property is held in trust, by the trustee; and the personal property of a decedent, by the executor; of a body corporate, company, society, or partnership, by its principal accounting officer, agent, or partner. Property under mortgage or lease is to be listed by and taxed to the mortgagor or lessor, unless it be listed by the mortgagee or lessee.

commission or

assigned.

SECT. 5. Commission merchants and all persons trading of property in on commission and assignees authorized to sell, when the owner of the goods does not reside in the county, are for the purposes of taxation to be deemed the owners of the property in their possession.

and how.

SECT. 6. Any person required to list property belonging Where listed, to another, shall list it in the same county in which he would be required to if it were his own (except as herein otherwise directed); but he shall list it separately from his own, giving the assessor the name of the person or estate to whom it belongs; but the individual property of a person deceased, belonging to his heirs, may be listed as belonging to his heirs without enumerating them.

If business in

more than one

nership taxes.

SECT. 7. When a person is doing business in more than county-of part- one county, the property and credits existing in any one of the counties, shall be listed and taxed in that county, and the credits not existing in or pertaining especially to the business in any one county, shall be listed and taxed in that where the principal place of business may be. Any individual of a partnership is liable for the taxes due from the firm.

Insurance com

panies, how

taxed.

Of personal property.

Taxed every year - listed, how often.

Bank-notes,

stocks, credits,

SECT. 8. Insurance companies of every description, existing in other territories and states and operating in this, shall be taxed one per cent. for county purposes, and one per cent. for territorial purposes, upon the amount of the premiums taken by them during the year previous to the listing in the county where the agent conducts that business, and the agent. shall render the list and shall be personally liable for the tax; and if he refuses to render the list or to swear as herein required, the amount may be assessed according to the best knowledge and discretion of the assessor.

SECT. 9. All personal property shall be listed, assessed, and taxed in the name of the owner thereof, on the first day of January of the then current year, and each owner shall be required to pay taxes thereon; but if the owner resides out of the county, it shall be listed by the agent or person having charge of the same.

SECT. 10. All taxable property shall be taxed each year, and personal property shall be listed and assessed each year; real property shall be listed and valued in the year 1863, and in each second year thereafter, and shall be assessed at its true cash value, having regard to its quality, location, natural advantages, the general improvement in the vicinity, and in each year in which real estate is not regularly assessed, it shall be the duty of the assessor to list and value any real property not included in the previous assessment.

SECT. 11. Bank-notes, and the stocks of corporations and &c., how listed. companies shall be assessed at their cash value; credits shall be listed at such sum as the person listing them believes will be received or can be collected thereon, and annuities at the value which the person listing believes them to be worth in money.

Debts of party

listing may be

SECT. 12. In making up the amount of money and credits deducted, when. which any person is required to list or have listed and as

sessed, he will be entitled to deduct from the gross amount all bona fide debts owing by him, but no acknowledgment of indebtedness not founded on actual consideration, and no such acknowledgment made for the purpose of being so deducted, shall be considered a debt within the intent of this section, and so much only of any liability of such person as security for another shall be deducted, as the person making the list believes he is equitably or legally bound to pay, and so much only as he believes he will be compelled to pay on account of the inability of the principal debtor, and if there are other sureties able to contribute, then so much only as he in whose name the list is made, will be bound to contribute; but no person will be entitled to any deduction on account of any obligation of any kind given to any insurance company for the premiums of insurance, nor on account of any unpaid subscription to any institution, society, corporation, or company.

property of mer

chants. How

listed.

SECT. 13. Any person owning or having in his possession of the salable or under his control within this territory, with authority to sell the same, any personal property purchased either in or out of this territory, with a view of its being sold at an advanced price or profit, or which has been assigned to him from any place out of this territory, for the purpose of being sold within the same, shall be listed for taxation, and in estimating the value thereof, the merchant shall take the average value of such property in his possession or under his control during the next year, previous to the time of assessing, and if he has not been engaged in the business so long, then he shall take the average during such time as he shall have been so engaged, and if he be commencing, he shall take the value of the property at the time of the assessment.

elected.

SECT. 14. There shall be elected, at the general election in County assessor each year, by the qualified voters of each county in this territory, one county assessor, who shall hold his office for one year, and until his successor is elected and qualified.

SECT. 15. Each assessor, before entering upon the duties of his office, shall give a bond, with two or more sureties, to be approved by the county commissioners, in the sum of five hundred dollars, payable to said commissioners, conditioned for the faithful discharge of the duties of his office, which

Assessor give

bond.