A. D. 1868. State Board panies. Its duties. purpose, relative to the condition, amount and value of said company's property, and the management or disposition thereof; and if any such officer, receiver, or agent shall refuse or neglect to appear before said Auditor, or the person appointed by him, or to answer any question put to him or them, as aforesaid, or submit the books and papers aforesaid for examination, in manner aforesaid, he shall be deemed guilty of a misdemeanor, and upon indictment and conviction therefor, in the Court of General Sessions for any County, (which Court shall have complete and full jurisdiction in all such cases,) shall be fined in any sum not exceeding five hundred dollars, and costs of prosecution, and confined in the jail of said County until he answers all questions which may be put to him by the Auditor of State, and until said fine and costs be paid." SEC. 17. The Auditor of State, Treasurer of State, Secretary of State, of Equaliza- Comptroller-General and Attorney-General of the State, shall constitute tion of the a State Board of Equalization, (a majority of whom shall constitute a property of railroad com- quorum for the transaction of business,) who shall meet at the office of the Auditor of State, at the capital, on the second Wednesday of November, annually, and equalize the value of the property of railroad companies whose roads are wholly or partially in this State, as returned to the Auditor of State under the provisions of this Act, by increasing the value of the roads and property of such companies as shall have been, in their judgment, returned at too low a valuation, and diminishing the values of Records to such as may have been returned at too high a valuation. They shall Auditor of keep a record of their proceedings, which shall be signed by all the members present, and deposited with, and kept by, the Auditor of State; and a majority of the members present shall be competent to decide all questions which may come before said Board. be kept by the State. Certificat es State Auditor SEC. 18. The Auditor of State shall certify to the County Auditor of to the County each County in which any railroad, or part thereof, may be located, the Auditors by valuations of railroad property in said County, as returned to him, with all additions made to, or deductions from, the valuation of the property of any railroad company in said County by the State Board of Equalization; and the County Auditor shall charge the railroad company in the several townships, cities and incorporated villages of their County, for taxation, with the valuations returned by such company or companies, after adding thereto or deducting therefrom the amounts directed by the Auditor of State. Failure of panies to Penalties. SEC. 19. If any railroad company, or its officers, shall fail to make the railroad com- returns to the Auditor of State required by this Act, on or before the make returns, twentieth day of October, annually, the State Board of Equalization shall proceed to ascertain the value of said company's road and property, according to the principles prescribed in this Act, from the best information they can conveniently obtain, and add thereto fifty per centum as penalty, and apportion the same to the several Counties, townships, cities and incorporated villages, through or into which said road or any part thereof, State Audi- may be located. And the State Auditor shall certify the same to the for shall certi- several County Auditors, who shall place the same on their duplicates for fy to County taxation; and if any such company, or its officers, shall fail to make the Auditors. return to any County Auditor required by this Act, the State Auditor shall ascertain the amount properly chargeable to such company in said. County, and certify the same to the proper County Auditor, adding ten dollars thereto as penalty, (the whole of which penalty shall be paid into A. D. 1868. County Com the State Treasury,) and the County Commissioners shall charge such company, in the proper municipalities, with the taxes on the value so certified by the State Auditor, and charged said company on the duplicate, missioners. separately, with said ten dollars, without charging any taxes thereon, and the County Treasurer shall pay the same into the State Treasury at his first annual settlement after the collection thereof. panies. To make re Auditor. SEC. 20. Any person or persons, company or corporation, engaged in the business of conveying to, from, or through this State, or any part Express comthereof, moneys and other personal property, shall be held to be an express company; and any person or persons, company or corporation, engaged in the business of transmitting messages to, from, or through this Telegraph State, or any part thereof, shall be held to be a telegraph company; and companies." any such company, having its principal office out of this State, shall, annually, in the month of September, or before the twentieth of October, by its principal agent in this State, make out and deliver to the State Auditor, a statement, under oath, showing the value of all its personal turns to State property in this State, including poles, wires, batteries, machinery, materials and apparatus, and the Counties, cities, townships and incorporated villages in which the same may be situate, together with the gross earnings of said company in this State, for business done in this State the year ending the first day of that month, and the company's proportion of receipts for business done in connection with the lines of other companies out of this State, from the aggregate of which shall be deducted the amount paid out of any such express company to railroad and other transportation companies in this State, for transporting the property carried over said transportation lines in this State, and which statement shall show the value of said property and receipts, after making the deduction aforesaid, by any such express company in each County, township, city and incorporated village in which such express company has an agency or agencies, and from which aggregate shall be deducted, by any such telegraph company, the expenses of the office in this State, to which all other agencies of the company in this State are required to make returns, except rents and officers' salaries; and which statement shall also show the aggregate value of the property and receipts aforesaid, after making the deduction aforesaid in each County, city, township and incorporated village in which such telegraph company may have an agency or agencies; and said company, by its said principal agent, shall, also, between the first of September and twentieth of October, annually, deliver to the Returns to Auditor of each County in this State, in whose County such company County Audimay have an agency or agencies, a statement of the proportion of the net value of the property and receipts aforesaid, showing the amount thereof in each township, city and incorporated village in which it has any agency or agencies; and said company shall be charged on the duplicate of each of said Counties with taxes on the amount so returned in each township, city and village aforesaid: Provided, That ordinary transportation companies, engaged exclusively in the transportation of merchandise over the railroads and canals of this State, in connection with other roads, canals, or lines of navigation, shall not be considered express companies within the meaning of this Act. tors. Proviso. Failure to SEC. 21. If any express or telegraph company shall fail to make and deliver to the State Auditor the statement required by this Act, on or make returns, before the twentieth day of October, annually, such company shall forfeit A. D. 1868. Penalties. Proviso. turns. answers to all questions. and pay to the State of South Carolina five hundred dollars, as a penalty, and the State Auditor shall certify the fact of such failure to the Auditor of any County in this State in which said company may have an officer or an agent, and said Auditor shall place the same on the duplicate of said County, and collect the same in the same manner as taxes are collected, and pay the same over to the State Treasury, at his next annual settlement with the Auditor of State; and if any express or telegraph company shall fail to make to the Auditor of any County in this State, the statement required by this Act, on or before the last day of November of any year, such County Auditor shall notify the State Auditor thereof; and if the State Auditor shall have received from said company the statement required by this Act to be made to him by said company, he shall certify the amount returned as in said County to such County Auditor, and add thereto, as penalty, the sum of ten dollars, which shall be charged to said company on the duplicate of said County, collected and paid over to the State Treasurer in the same manner herein provided as to the penalty for not making the return to the State Auditor: Provided, That if any express or telegraph company shall fail to return the statement required by this Act to the State Auditor, and the State Auditor shall certify such failure to any County Auditor, such County Auditor shall proceed to ascertain the gross receipts of each agent of said company in his County, for the year ending the first day of September of that year, together with the value of all other property of the company in his County, add fifty per cent. thereto as penalty, and charge the company with taxes thereon, at the several localities required by this Act, without any deduction for expenses paid out by the company. And if any such company shall have no principal office or agency in this State to which the other agents in the State are required to make return, each agent thereof in any County shall make return in the month of September, or before the twentieth of October, annually, of the gross receipts of his agency for the year ending the first day of that month, with the value. of all other property of the company in the city, village or township in which his agency is situate, and the County Auditor shall charge the company with taxes thereon, at the same rates as other property in the same localities; and if such agent or agents refuse or neglect to make such return, the County Auditor shall ascertain the amount of such gross receipts and value of property, add fifty per cent. thereto as penalty, and charge such company with taxes thereon, at the same rates charged other property at the several localities where such property may be situate and such agencies located. SEC. 22. All returns required by this Act to be made by express and Form of re- telegraph companies having their principal offices out of this State, shall be made in such form as the State Auditor shall prescribe, and the State State Audi- Auditor is authorized to require answers, under oath, to any questions he tor to require may put to the principal or any other agent of any of said companies in this State, and to examine any of such agents, under oath, relative to the property and affairs of such companies, and the management thereof, which oath he may administer; and if any such agent shall refuse to submit to such examination, or refuse or neglect to answer any such Contempts. questions, he shall be deemed guilty of contempt of the State Auditor, and the State Auditor may certify the fact to the Court of General Sessions of any County of this State, who shall issue a warrant for the ar rest of such agent, in the name of the State of South Carolina, directed to the Sheriff of such County, who shall arrest such agent anywhere in this State, and take him before said Court of General Sessions, and upon hearing and conviction, such agent shall be fined by said Court in any sum not exceeding five hundred dollars and costs, and be confined in the jail of the County where tried, until such fine be paid, and answers be given to all such questions as the State Auditor may propound to him. A. D. 1868. Penalty. Insurance make returns. SEC. 23. Each agent in this State of any insurance company organized under the laws of any other State or country, and doing business in this agents shall State, shall, annually, in the month of September or before the twentieth of October, return to the Auditor of the County in which such agency is located a sworn statement of the gross receipts of such agency for the year ending on the first day of that month, including all notes, accounts and other things received or agreed upon as a compensation for insurance at such agency, together with all the value of any personal property of said company situate at such agency; and the company shall be charged with taxes at the place of said agency on the amount so returned; and the agent shall also be personally responsible for such taxes, and may sonally reretain in his hands a sufficient amount of the company's assets to pay the taxes. same, unless the same shall be paid by the company. Agent per sponsible for Corporations owning side the State. SEC. 24. Any company or corporation, organized under the laws of this State, and owning property in any other State or country, as well as in this State, shall not be required to return its capital for taxation in this property outState, but shall return such property as it owns in this State, and such proportion of the value of its other property as, if owned by individual residents of this State, would be taxable in this State; and if such return be made by such company, the shareholders therein shall not be required to return their shares for taxation. Outside cor SEC. 25. A corporation organized under the laws of this State, but owning no property in this State, shall not be required to return its cap- porations. ital for taxation in this State. Insurance SEC. 26. (A.) Every insurance company organized under the laws of this State shall return all its personal property, moneys, credits, (includ- companies. ing notes taken on subscriptions of stock,) investments in bonds, stocks, securities and assets of every kind for taxation, at the place where its principal office is located. Other cor SEC. 26. (B.) All companies and corporations, whether organized under the laws of this State or not, the manner of listing whose personal pro- porations. perty is not otherwise specifically provided for by law, shall list for taxation all their personal property and effects at the same time, in the same manner and in the same localities as individuals are required to list similar property and effects for taxation. SEC. 27. Any company incorporated under a joint charter granted by Joint charters this and some other State or States, and the manner of taxing which, or the amount upon which it shall be taxed, or the specific proportion of its capital or property upon which taxes shall be assessed in South Carolina is prescribed or fixed in its charter, shall be assessed for taxation, and taxed as prescribed in its charter until otherwise legally provided. SEC. 28. All shares of the stockholders in any bank or banking asso- Bank stocks. ciation, located in this State, whether now or hereafter incorporated or organized under the laws of this State or of the United States, shall be A. D. 1868. listed at their true value in money, and taxed in the city, ward, township or incorporated village where such bank is located, and not elsewhere. SEC. 29. The real estate of any such bank or banking association shall Real estate be taxed in the place where the same may be located, the same as the real estate of individuals. of banks. SEC. 30. There shall, at all times, be kept in the office where the busiBanks shall ness of such bank or banking association is transacted, a full and correct keep a list of stockholders. list of the names and residences of the stockholders therein, and the number of shares held by each, which shall be at all times, during business hours, open to the inspection of all officers who are or may be authorized to list or assesss the value of such shares for taxation. bank Presi Cashiers. SEC. 31. It shall be the duty of the President and Cashier of every such Duties of bank or banking association, between first September and twentieth of dents and October, annually, to make out and return, under oath, to the Auditor of the County in which such bank or banking association may be located, a full statement of the names and residences of the stockholders therein, with the number of shares held by each, and the actual value in money of such shares, together with a description of the real estate owned by said bank. County Auditors. Assessments SEC. 32. The Auditor of the County in which any such bank or banking association may be located, upon receiving the return provided in the thirty-first Section of this Act, shall deduct from the actual total value of the shares in any such bank or banking association, the appraised value of the real estate owned by such bank or banking association, as the same stands assessed on the duplicate, and the remainder of the total value of such shares shall be entered on the duplicate of the County, in the names of the owners thereof, in amounts proportioned to the number of shares owned by each, as returned on said sworn statement, and be charged with taxes at the same rate as charged upon the value of other personal property, at the place where such bank or banking association is located. SEC. 33. Any taxes assessed on any such shares of stock or the value remain as thereof, in manner aforesaid, shall be and remain a lien on such shares liens until from the first day of September, in each year, until such taxes are paid; taxes are paid and in case of the non-payment of such taxes, at the time required by Banks may shares. law, by any shareholder; and after notice received of the County Treas urer of the non-payment of such taxes, it shall be unlawful for the Cashier, or other officer of such bank or banking association, to transfer, or permit to be transferred, the whole or any portion of said stock, until the delinquent taxes thereon, together with the costs and penalties, shall have been paid in full; and no dividend shall be paid on any stock so delinquent so long as such taxes, penalties and costs, or any part thereof, remain due or unpaid. SEC. 34. It shall be lawful for any such bank or banking association to pay taxes on pay to the Treasurer of the County in which such bank or banking association may be located the taxes that may be assessed upon its shares, as aforesaid, in the hands of its shareholders, respectively, and deduct the same from any dividends that may be due, or may thereafter become due, on any such shares, or deduct the same from any funds in its possession belonging to any shareholder, as aforesaid. County Trea SEC. 35. The County Treasurer may enforce the collection of any tax surer may en- or penalty assessed under this Act at any time after the same becomes due, by distraint, attachment, or other legal proceedings, instituted in force collection. |