COL. GEORGE WASHINGTON FLOWERS MEMORIAL COLLECTION DUKE UNIVERSITY LIBRARY DURHAM, N C. PRrsi-NTfD HY W. W. FLOWERS REVENUE 1..AAV, PASSED BY THE GENERAL ASSEMBLY OF TflE STATE OF NORTH -CAROLINA, AT TIIE SESSION OF 186Q--'63. RALKTGII: WOLDEN, PRTNftR TO TIIK STATE /« I lib. I REVENUE LAW-1802--'63. AN ACT ENTITLED "REVENUE." Section 1. Be it enacted hj the General AssemUy of the State of North Carolina, and it is hereby enacted by the au- thority fif the same, That an ad-valorem tax of two-fiftha of ^^^ „7*w.'!*"' one percent, be levied for the support of the State Go- fiJ;J;»of ""^p*"- vernment, the payment of its debts, and the promotion of the general welfare, upon the assessed cash value of the fol- lowinir suhjects, to wit : (1) Real Estate in this State. (2.) All slaves in this State (excepting such as the Conn- j^^^"".J^,^*;'' ry Courts may have exempted, or may hereafter exempt iop to rat;' I'rora taxation on account of bodily or mental infirmity,) to be taxed according to value, which value is to be ascertain- ed by the same persons who assess the value of lands. (3) Money due from solvent debtors, or on hand, or on iioncjdn»c.v deposit with individuals, or in the banks, or other corpora- *"' tioDS, Provided, That Confederate and State Treasury Notes shall be considered money, and Provided furl/i/^\ that the person listing his money on hand and at interest, filiall be allowed to deduct debts owing by him as principal, and also as tureiy, where the principal is insolvent. (4) Money invested' in manufactnring and steamboat cor- Montr ,d- p<.)rations or companies, according to the shares as fixed by p*rs,ion". 4? the charter ; if the shares be in a corporation, and if there be no incorporation then upon the amount invested ; also money invested in county br.nds, or State bonds, issued since the 23d of February, l^r.l ; also money invested in every spcie? of trade and traffic, not otherwise taxed );crein. (5) Household and kitchen furniture, owned by any in- no„.'„oo dividual above the value of two hundred dollars, excepting 'y^^^^/i*!** articles of furniture hereinafter specifically taxed. U74 if Rkvknue Law.— IS62-'6S. • tvr^Ife "**^^ (6) Horsee, mules, cattle, hogs, and otljer live stock rais- ed or kept for sale, and not for use by the owner, sub- ject to the further exceptions and exemptions hereinafter set forth. {.ktMr>» iu4 (7) All cotton and tobacco, except that which is owned by •p^utwa. *''c producer, or has been purchased by the owner for his own use, or that of his family or dependents ; and furtlier, except such cotton as may have been purchased by any piTtion or corporation for the purpose of manufacturing, J'rovidcd^ that no more cotton held by a manufacturer, ehall be exempt from this tax, than is needed for the con- sumption of one year. parel, and arms for muster, and boats, canoes, notes or sums of tho value of one hundred dollars or less. v^c-ij B(K Sec. 3. The property hereinafter taxed at a higher rate JjaVoTT per ^^*" two-fifths of one per cent, shall not be liable to tho tax f>-at. to be iibi- of two-lifths of ouc pcr cent., but shall bo Hated separate therefrom. D»*k4#i)i>4 ^®°- ■*• Every dollar of nett dividend or profit not previ- •IX* proij'*. onsly listed, declared, received or due, on or before the first day of April in each year, upon money or capital invested in shares in the Bank of Washington, the Merchants Bank of Newborn, the Bank of Wadesboro', the Bank of Fayette- ville, tho Commercial Bank of Wilmington, tho Farmers' Bank of North Carolina, the Bank of Charlotte, and the RiTVENUE La.w.— 1862-63. 2S Bank of Yancey ville, shall pay an annxial tax of eight cents, bnt the same shall not be subject to any county tax. Seo. 5. The stock or interest held bv individuals in all ^ stock Ac, « listed in (h* corporations or business shall be listed among the individual cmntits whe-s property of the holders in the counties where they respect- side, ively reside. Sko. 6. The taxes shall be annually collected, and paid Wbcncni- as follows: First, to the sherilTs, on all property and sub- whom ^aid/ jects of taxation required to be listed as per schedule A. — Secondly, to the sheriffs on all property and subjects of tax- ation, which are not required to be listed, bnt an account of which is to be rendered upon oath to the sheriffs and to the Treasurer of the State as per exhibit C. Sko. 7. At the first Court of Pleas and Quarter Sessions Disiriot b>ai for each county, held on or before the first Monday in and^Vhin'^io- March, and at the same term every two years thereafter, P'^'°"=<*- the court shall appoint one justice of the peace and two free-holders, men of skill and probity, for each Captain's district, or for each school district, at the option ot the court, who shall be styled the district board of valuation of their respective districts; the clerk shall issue a notice of his appointment to each man within five days after adjourn- ment of the court. If the court shall fail to make the re- quired appointments, or should from any cause a vacancy occur, any three justices of the peace may make the re- quired appointments or fill the vacancy. Sec. 8. This district board of valuation shall, as near as Board v «. practicable, ascertain the cash value of every tract of land, ^gjl*,'" "^'^ or other real estate with the improvements thereon, situate in their district, and also the Ofwh value of every slave re- quired to be listed for taxation in their district, either by viewing the same or otherwise. Snc. 1^. In estimating the value, the board may call and Maj rv i i fwear witnesses to testify thereto, and they shall take into no*«i* the estimate any fishery appurtenant thereto, or used with the land ; also, all mines of nieUJ, stone or coal, or other material discovered or supposed to exist, whereby the price of land is enhanced ; also all machinery and fixtnrcs for manufacturing or mechanical purposes, that have I een erected or used on the land. Wbeo a tract of land shall bo P33474 Revkxtk Law.— 1S62-'63. Owner or t^cnt to Jur- Town lots. Oall; Rcf^iSfl) to f..uke oalk. ?frr-rr*if'f*n'i io one or more districts, the board of tlie district in ubidi the owner resides shall ascertain the value of whole tract,, and if the owner resides in neither of the districts, the board of the district in which the larger part may be, shall ascer- tain the value of the whole. Sec. 10. The owner of the land or slaves, or if ho be a non-resident, his agent shall furnish the district board with a list, including hu)d entries, seitina^ forth the separate tracLs^ and also the several couliguons bodies or tracts of haul owned by him in the district, together with the names of the water courses, or other noted places on or nearest to which they niay be 6ituated,,iaud the number of acres in each separate tract i>r contiguous body ol" land, and also the names, ages and number of slaves he may be bound to list. Skc. 11. Town lots shall be listed separately, and each lot be numbered according to the plot of the town ; each sepa- late body or tract of land, and eacli town lot shall be separately and distinctly valued and returned. Sec. 12. The district boards shall, in each ease, administer the following oath to the persons fuinishing the required list: You, A. B,, do solemnly swear, that the list by yow furnished, contains a fttll and fair statement of every tract of land and town lot and slaves in tliis district, for the taxos- of which you are liable, either in your own right or the right of any othor person, either as guardian, attorney, agent or trustee, or in any other manner whatsoever, to tlio best of your knowledge and belief^ so help you God. Sec. 13. If any person shall refuse to furnish the list re^juired above, or to take the oath prescribed in the pre- cu(ling section, he shall bo guilty of a misdemeanor, and' the justices of the peace of said board shall bind him over to aj»pcar at the next term of the Superior Court of the county to answer the charge, and on conviction or submia- eion, ho shall be lined at the discretion ol the Court. SfXJ. 14. When the owner of the lft?id and slave or elavop, or if he he a non-resideni of the Slate, his agent be not a lesident of the district where the land is situated and the slaves required to be listed, the required list w^ith affidavits of the same import as the above required oath subscribed and swoiu to before and certiified by a justice of the pcace^ Revenue Law.— 1S62-'63. i» may bo transmitted to tlic district board of valuation, and if received, before the board shall be ready to value the land and slaves contained in the list, such list shall be re- ceived as though tendered and sworn to by the owner or agent in person. Seo. 15. When the board of valuation are not furnished „„f£n.]h?di' with a list sworn to as above required, or the owner or agent refuses to answer to the correctness of the statements as to the number of acres contained in any tract of land, they may procure a county or other surveyor and have the same snrveyed ; and the surveyor may recover the amount of his fees and all expenses out of the owner of the land, before a justice of the peace by warrant or attachment, and the board may examine witnesses on oath as to the number and description of the slaves. Sec. 16. The district boards of valuation shall, as soon as Board* to 1 1 /. 1 • • J in complete vam- practicablc, after their appomtment, proceed to value aJl aiion by bi*: real property and slaves required to be listed in their re- Aprii*^ ' spective districts as above directed, complete the list by the 5rst Monday of April after their appointment, and annex the following atMdavit subscribed and sworn to before a justice of the peace, who shall certify the same : We do Affidavit. solemnly swear that we have diligently enquired and do not believe that there is any real property or glaves required to be listed in the district of county subject to taxation, that is not entered and valued in the above list; and the foregoing valuation is in our judgment and belief the actual value thereof in cash, and that in assessing the same, we have endeavored to do equal justice to the public and to the individuals concerned, so help us God. This list and valuation shall remain in the hands of the justice of the peace of the board, and be open to the inspection of any one who wishes to examine it until returned as hereinafter directed. Sec. 17. On thoThurpdav fiuhseply ti> the county board of valuation for redress, and they shall duly consider the case, and decide as in their judgment is right; the board may call, swear and examine witnesses, or in per- son view the laud or slaves about the value of which they are in doubt. Quorum. Seo. 20. Two thirds of the entire number of the mem- bers composing the conntv board of valuation shall form a quornra for the transaction of business, and the decision of a raajoritj' of the members present shall stand as the de- cision of the board. Wb«»D valued Sec. 21. If in the opinion of the county board of valua- tion, any tract or tracts of land, or town lots, or slave or slaves have been assessed at too low a value, they shall make lists of such tracts, or lots and slaves, and post them on at least two conspicuous places in the court house, at the time of their adjournment. After they shall have ex- amined and com])ared the lists, heard the comj^laints of all who may feel themselves aggrieved by the valuation of their property, the board shall post the lists as above re- quired, and adjourn until the fourth Monday of April, when they shall again meet at the court house, hear the complaints of all who may feel themselves aggrieved by their former action, as by the original valuation, and decide each case as to them may appear right; and from this de- cision there shall be no appeal. Seo. 22. When the countv boanis of valuation shall have lt/« luw. Retknue Law.— 1862-'63. "7 performed the doty on them imposed, they shall return the ^^* *'"* lists received of the district boards of valuations, as by them eiert. revised and corrected, to the cJerk of the county court, be- fore whom they shall subscribe and swear to the following affidavit annexed to the list returned : " We sol- emnly swear that the foregoing lists have been carefully examined and compared, and in our judgment and belief they do, as now corrected, exhibit the actual cash value of every tract or lot of land in this county, with the improve- ments thereon and privileges thereto attached, and of the slaves required to be listed in this county ; and in the dis- charge of our duties, we have endeavored to do equal jus- tice to the public and the individuals conccrucd, so help ns God." Sec. 23. Each member of the county and district boards Compcn** of valuation shall receive out of the county treasury such compensation as the County Court may allow, not exceeding three dollar* per day, for the time he may have been engaged in the discharge of his duties. Sec. 24. At the first Court of Pleas and Quarter Sessions T»i»:ef«of «»^ of each county, which Ehall be held on cr after the tirst paiot«4. day of January in each and every year, except in ca'^cs wherein a special Court is hereinafter provided for, the Court shall appoint for each captain's district or for each school district, at the option of the Court, a justice of the peace or a frceeolder of knowc skill and probity, to take the lists of taxable subjects, and the names of such takers of the tax lists, with their respective districts, shall, during the term, be advertised at the cni it house by the clerk. Sko. 25. If the Court shal til from auy cause to make v»BMieir» such appointment, any throe justices of the peace of the "* county may meet at the office of the clerk of the 0)unty Court, on or after the first Monday of April, and appoint the talcers of the tax lists for the count}-, or supplv any vacancy arising from death of incapacity to act, joid th« clerk shall record the same. Set. 2C. The clerk shall issue notice of all -it* riM««4«>»« of takers of tax lists as soon as made to tin • '>^tMk«to * *' shall serve them within ten days npoo the Kppointeot, whose duty it shall be to advertise at their sev • Oi ^ RsvENCK Law.— 1862-63. ^»*. in their respective districts at least ten daj's before the time , . of listing the places and times, when and where he yi'iW attend for the purpose of receiving tlje list of taxables, which lists he shall take during the lust twenty working days in April ; they shall perfect their hsts and return them to the clerk of the county court on or before the second day of May. RefcMior gjic. 27. If any pereon appointed to take the lists of taxa- bles shall refuse, or wilHully fuil to discharge the duties of his appointment, he shall be deemed guilty of a misde- zneauor. *h»tk. Skc. 28, Every person appoiniod to take the lists of taxa- bles before he enters upon the duties of his appointment, shall take the following oath, to be administered by any justice of the peace, tu-wit : I, (A. B.,) do solemnly swear that I will perforui all my duties as taker of the tax lists for the district for which 1 have been appointed, according to my best knowledge and ability, so help me God. Owuei tofur- Sec. 29. It shall be the duty of every one liable to ppy •iistuittitbies. tax, residing in any district, or having property thoreiii liable to taxation, at the time and place appointed by the taker of the lists, to furnish him a written list of his taxa- bles, mentioned in section iirst of this bill and in schedule A, hereafter set forth, setting forth the number of acres of land he is bound to list, on what waters situate, the valua- tion of each tract of hind, and the number, ages and valuo of his slaves, as assessed by the board of assessors next preceding the time of listing, and any otiier slaves subse- quently accpiired, and his estimate of value of such articles, or subjects of taxation not mentioned in the Iirst section of this act, as are taxed ad-valorem; and such listing and valua- tion shall have refer nee to the property owned and the subjects of taxation held by the tax-payer and its valuo on the first day of April next before the listing thereof, and the taker of the lax list shall administer to the person fur- nishing said list the following oath : You solemnly swear that the list by you furnished contains a full statement of all the property and stibjects of taxation wliich you are bound to list either in ydnr own right or in right of any other person, and that the property valued by you is not O-iti. Revenue Law.— 1862-'63. 9 worth more in cash than the vahiation annexed, to the best of your knowledoe and belief: Provided, hovjever. that in Special pro- ■^ ^ ' 1 11 1 1 vision for Ut;3. the year 1863 the taker of the tax Hsts shall not take the lists of lands and slaves, but they shall be ascertained by the clerk of the county court, and entered by him on the tax list to be furnished to the sheriff or tax collector, from the lists of the assessoi-s, and after the year 1SG3 and until another assessment of slaves, they shall be listed at the same valuation, Provided^ /unoever, tliat when the tax lister shall make oath in writing that any slave has become greatly impaired in value bj^ reason of disease, or other bodily or mental inlirmity, he may list such slave at such price as he may state on oath is the then present value of such slave, and where a slave shall have been acquired after the assess- ment, the person listing shall list him at the same value at which he was listed by his former owner if known to him, and if not known to him, he shall file a written affidavit stating his cash value on the first day of April preceding such listing, and as to the slaves born after the assessment, the lister shall be required to state on oath their cash value on the first day of April preceding, iind they shall be listed accordingly. Sbc. 30. Every taker of the tax lists shall be allowed such Cocipeosa- - , . . , • • tion. compcnsition for his services as thecounty court may, in its discretion allow, to be j>aid out of the county treasury. Sec. 31. Every taker of the tax list after the year 1863, Takersof^ix 111, ,1-1 -1 ''*'■ ^o ^^ ''^'■' shall be furnished by the clerk ot tho county court, with a nished lists ij fair copy of the return made by the last board of valuation ^ ^ ^ of the real estate and slaves in his district, and with the ne- cesi=ary printed form of tax bill to 1»e furnished by the Comp- troller, under the provisions of this act. Sec. 32. The comptroller at the public cost, shall have ThcCocip- 1 J . 1 1 I 1 1 /• „ IrollerUihaT- prepared and printed, as they may be needed, lornis oi tax )isu pre- tax lists, with all the articles and subjects of taxation to bo ^" ' listed by virtue of this act, mentioned separately over the heads of jiarallel columns, in which the amount or quantity, or description of each article or subject to be listed, is to be set down ; and he shall annually furnish to each county court clerk, for the use of the county revenue otHcers, such other blanks as he may deem necc«»Rry. *» 10 Revknub Law.— 1862-'63. How taken Sec. 33. Tlic lakcr of the tax list shall set down each ar- aatll proceed. .... _ V tide or snbject m it3 proper coliiinn against the name of the pei-son listing, arranged in alphabetical order, and re- turn the same to the clerk of the county court as required in section 8. 0»th. Sec. 34. In the return of said lists the tax lister shall an- nex the following afliilavit: " I solemnly swear tliat 1 have diligently inquired, and have no just reason to believe that there is any property or other subjects of taxation in my district, not entered and valued, (where the same is requir- ed to be valued by the owner) in the above list, with the following exceptions, (here enumerating the exceptions) so help me God." The clerk to gj-Q^ 35. The clcrk of the county court annually, on or be- deli»cr tba lax r>/>ii«T ^iiii- 11 'jv /• lists to the fore the twenty-iiith 01 June shall deliver to the shcnti ot 95^'of /une.* the county a fair and accurate copy of the tax lists, (insert- ing therein) for the year 1863, the land and slaves, from the list returned to him by the assessors, in alphabetical order, which contain the public tax, or tax payable to the public treasurer, and the taxes payable to the county court. It shall set forth the separate amount due from each subject of taxation, and extend the aggregate amount duo from each person in columns ; and if any clerk shall fail to furnish the sheriff at the time prescribed with such cop}', ho shall be deemed guilt}' of a misdemeanor, and the sheriff shall in- form the grand jury thereof The clerk" 10 Sec. 36. Tlio clcrks shall record the returns at length, ai»*e record. , , , , - , 1. • 1 1 1 • 1 j made by the takers of the tax lists m alplialictical order, keeping the return of each district sei)arate from the others. Clerk to re- ^p^^,^ 37, T|,e clerk on or before the first day of August turu uii ub- *^ " Btract to the in each year, shall return to the comptroller an abstract of onip ro er. ^j^^ game, showing the number of acres of land, and their value, and the value of town lots, and the number of white and free black polls, the number and value of the slaves separately, and specify every other subject of taxation, and the amount of Slate tax due on each subject, and the amount of the whole; at the same time the clerk shall return to the comptroller an abstract of the poor, county and school taxes, paid in his county, sotting forth separately the tax levied on ^ Revekde Law.— 1S62-'03. 11 ea^i poll, and on each other subject of taxation, and also the gross amount of taxes imposed for county purposes. Sec. 38. If any clerk shall fail to perform the duties pre- ti,^^''^'*i!'"l_"'^ scribed by the preceding section, or shall fail to return to the comptroller a copj- of the sheriff's returns made, sworn to and subscribed as required in section of this a»t, he shall forfeit and pay to the State one thousand dollars, to l)e recovered against him and the sureties of his official bond in the superior court of Wake count}' at the term next after the default, on xnotion of the Attorney General, and it shall be the duty of the comptroller to inform the Attorney Gen- eral of such default. Sbo. 39. For services of clerks in relation to taxes where ^^'nT'""** t'.OD no fees are specially provided for in this act, the}' shall l>e paid by the county courts such sums as said courts may deem reasonable and just. Sec. 40. The sheriff shall forthwitli proceed to collect said Deputy sh^ taxes, and when he shall collect by his deputies, who are not sworn as others, snch persons shall, in open court, or before a justice of the peace of the county, take an oath faithfully and honestly to account for the same, with the sheriff or other person authorized to receive them. Sec. 41. The sheriff shall give to cacli tax-payer one receipt Rec>?ipU. for the amount of his taxes, specifying how much is for State taxes and how much for county taxes. Sec. 42. If anv sheriff" shall die during: the time appointed ^" ^'' '•^'•« /. n • ■ 1 • • 11 , , o of » sheriff. tor collectmg taxes, his sureties may collect them, an^ecrtc3M)rd. ""^^'^3^ taxables are not listed, double the taxes imposed on np •• " • the same snbiecta ; and as to an v land not listed, which luaj not have been assessed at the last assessment, the same in estimating the double tax, shall be deemed to be uf the value b}' the acre, of the higlicst valued tract adjoining thereto ; and as to any porsouul property not listed, herein taxed according to value, the shcrifl' may call on a justice oi the peace of the vicinage, who shall value the same and put his vahiation in writing, and the sherift" shall collect a double tax on such valuation. Sec. 45. Immediately on receiving the tax list, the sherifi* fchall advertise the tact, and that he holds them read}' for in- spection. He shall also request therein, all persons to in- form him of any taxables which are not listed ; for the more t'fiicient collection of the taxes, the shcrift"at any time, from the deliver}' to him of the lists, till the first day of October, in the next year may, and if there be need, shall distrain and sell the proi)erty of the tax payor to satisfy the same, selling lirstjhis personal and then his real estate. Stc. 40. In each case in which the sherilf collects by distress, he shall be entitled to an extra compensation of fort}' cents, to be collected with the tax. Skc. 47. If any person liable for taxes on other subjects than land, shall [be] about to remove from the county, after listing time, and before the period for collection, the sherifi' ehall make alHdavit thereof before the clerk, and obtain from ijim a certificate of the amount of such person's tax, and forthwith collect the same. Court lo )g. Skc. 48. If any person be liable for taxes in any county trwaio tatee.'^ whcreiu he shall have no })ro])erty, but shall be supposed to have property in some otlier county, and will not pay his tax, the sherilf shall report the fact to the county court held next after tlie first day of October, and thereupon the court shall direct the clerk to issue a Jiei'i facias to the eherilT of that county, returnable to tiie court whence it is- sues for such tax, and the cost of ])rocess and executing the same, which the slierifi" shall execute in the manner of writs of execution in other cases, and the tax collected thereon, shall be paid to the clerk of the court, and by him paid to tiie sherilf to be accounted for as '■'-*=' '1 ^« shall be advertised ten days previous thereto, at three pub- lic places in the district wherein the delinquent tax payer shall reside, and if he reside not in the county tlien in the district where the taxables were or onglit to have been listed ; and the amount of tax shall be stated in the advertisement. Sec. 50. The sale of land for taxes due thei'con, shall be ^eSi*m/'!^ !^/ made under the following rules : for taxes (1) The sheriff shall return to the court of pleas and sheniT >.> quarter sessions of his county, held next after the first day the count of January, a list of the tracts of land which ho proposes ^'^"''^ to sell for taxes, therein mentioning the owner or the sup- posed owner of each tract, and if such o^^ner be unknown, the last known or reputed owner, the situation of the tracts and the amount of taxes for which they are respectively to be sold, which list shall be read aloud in open court, record- ed b}' the clerk upon the minutes of the court, and a co]\v thereof shall be put up in some public part of the cour*: house. (2) The county court shall order the clerk of the court to Ti;^ cot:.-. ♦) issue notice to every person whose land is returned as afore- n.)'. fy, *.: said ; and a copy of the notice shall be served by the sheriff on the owner or agent and returned to the next county court ; and if the owner be a non-resident, the clerk shall publish the same in some newspaper printeil in the State, in which advertisement shall be mentioned the situation of the land, the streams on or near which it lies, the estimated quantity, the names of the owners, whore they are known, and the names of the tenants of the same. (3) Tl»e sales shall be made within the two terms next Wa»- r*- succeeding the term when the returns are made of lands to m™* "' ^ be sold, and at such place in the county as is directed for the sale of land under execution ; and the whole expense attsndant on the advertising and sale shall bo chargeable on the lands and r.aiscd at the sale. (4.) The whole tract or contiguous body of land belonging ti- • ; » to one delinquent person or company, shall be set np for tale at the same time, and the bid shall be strnck off to bin. who will pay the amount of taxes, with the expenses afore- said, for the smallest part of the land. •brnff. (4 Revknce La\t.--18C2-'63. Tbetheiiffu* (5 \ \i t]iQ second term next succeedin;: the term when Mtarn a list of ^ '' *' tract? tcW. the ictnrns are made of lands to be sold, the sheriff shall return a list of the tracts actually sold for taxes, the qnantitj of the tract bought and to be laid ofi', the name of the pur- chasers and the sum paid to the sherifT for taxes and charges, which list shall be read aloud by the clerk in open court, bhall be recorded in the minutes of the court, and a copy thereof shall be put up by the clerk daring the term in Bomo public part of the court house. ,u^ if Six". 51. If an}' sheriti' or clerk shall fail to perform any of the duties prescribed in sections 47 and 4S of this act, he shall forfeit and pay to the person aggrieved one hundred dollars, and he and his snretii^.s shall moreover be liable for all such damages as any person may sustain by reason of such default. TKt- lands of gj-c. 52. The land of an infant, lunatic, or person nart iiifantfl, Ac , 'in 1 11/" T">'>T? »«Hn< be "tid. compos mentis, eniiW not bo sold for taxes, J romaca, /unc- fver, that when land may be owned by such persons in common with another or othorH, free of such disability, the share or interest of the person so free, shall be subject to be sold for the taxes due on the whole tract; but before setting apart the quantity bid off, the purchaser, by petition, fchall cause the tract to be divided among the tenants in common, and the share or interest ot the defaulting tax- payer being set apart, the purchaser may proceed to lay off on such share the quantity by him bid off and secure the title as before provided ; and the time necessarily employed in procuring such division shall not be reckoned against the purchasers. Omia uMy Seo. 53. The owncr of land sold for taxes under section 50 of this act, his heirs, executors or administrators or any other person for them, may redeem tlio same from the pur- chaser, at any time within one year after the sale, by pay- ing or tendering in payment to the purchaser or to the county court clerk of the county wlicro the land lies, the full amount paid to the sheriff and twenty-five per cent tiiereon. ir B'jt ie- Skc. 54. If the land so sold, shall not be redeemed within uj'be done. " the poriod aforesaid, the purchaser may, at the end of that time, select the quantity of land struck off to him out of f^EVKiJuB Law.— 1862-'63. 15 any paft df the tract or bodjj of* which the same was bid off, the said qnantitj' to bo laid ol? in one compact body- as nearly square aa rM*iy be, a^d adjoining to some of the out- lines of the wliole Ifact of body of land. Sec. 55. Within one year after the time of redemption Ti.e purrha- shall have passed, the purcliacer^ at his own cost, his heirs, laud suireTed -executors or administrators, or atij of them, may procure ?ime'''^..'f'^'re-''*^ the qna«tity bid off to be surveyed by the county surveyor, '^^a'lX'on- ■v^•ho shall make out and certify, umler his hand, a foir plot of the survey, with the courses and distances lairly and truly set forth, An . copiis. return of the fihenli s report ot tlic land sold to the State, make and certify two copies thereof, one of which he shall transmit to the comptroller and the other deliver to the sheriff, (or his sureties when they act) who shall deposit the same with the Secretary of State, to be by him recorded, and the secretary shall i,'rant to the sheriff a certificate, setting forth what and whose land and the quantity and value thereof, have been sold for the taxes and struck off to the State. Venkhr for gj-c. G2. If any sheriff or other person authorized thereto, not makiof re- "^ j .i «• i i i o « (.11 u. shall sell for taxes and strike ort any land to the State, and shall fail dul}' to report the same to the county court, or to * d'.ily obtain and deposit a coi)y thereof with tbe Secretary t of Stale, the comptroller shall, in his report to the treasurer, charge such sheriff (or other ]>orson acting in his stead) with the sum of two thousand dollors, and the treasurer shall recover the eamc as an unpaid tax. How rcJcemtd. g^c 63. Lands bid off for the State may he redeemed in like time, and under the same rules and regulations as those purchased by individuals, except the payment (which shall ho double in amount of all taxes for which they were sold) shall be made to the treasurer, and on his certificate thereof the Secretary of State shall, on being paid his fees issue a grant to the original proprietor, his heirs or assigns, and at the same time shall certify the payment to the comp- troller. pon for whoso tax the same is sold, his heirs or assigns, bo liable to be onteiLid as vacant lands, subject, nevertheless,, to the right of redemption withiiv the time prescribed. Sureties nior Skc. C5. When land shall be sold for its tax, and the sheriff shall die, or otherwise become unable to report his sales, his sureties may report the same within Uio time pre- TIevknue Law.— 1862-'63. 1^ Fcrlbed, and shall proceed as to the land bid off by the State, iu the same manner as the sheriff might. Sec. i'6. When any person shall sell his real property, ^^^'^ «»*•<* iind shall have no estate within reach of the sherifl", to satis- fy the taxes due from him on any subject of taxation, the real property shall be bound lor all such taxes. Sec. G7. Every conveyance made by any deceased per- Cxiveyaort son, with the fraudulent intent to evade the collection of void. any taxes by this act imposed, shall as against the State be void, and the taxes shall be chargeable at the suit of tho State of North Carolina, on the property conveyed in tho bands of vendees, donors and assignees. Sec. 68. If the sheriff, or other person shall discover that UruLs no* any land has not been assessed, he shall make it known t" the county court, whereupon a board shall be appointed to ju»sess the same. Mho shall proceed in the manner herein provided, and the court shall ascertain the amount of tax which, within the ten preceding years, the land has been liable for but not paid, and the sheriff shall be ordered forthwith to collect treble the amount with interest, of all Mich tax, by distress or otherwise. Sec. 69. It shall be the duty of the sheriff to inform the . Shmfl- »o attorney general, and tho solicitors of the State, for the cir- ney Gfwrai »',uit8 and counties, concerning all omissions by tax payers, done in their respective counties to defraud the State of its revenue ; and the attorne}' general and solicitors for the State for circuits, upon information or good cause of suspicion, that any person has wilfully omitted to return his tax list, or has wilfully failed to file an accurate and fair list of all the property, estate and subjects on and for which he is lia- ble to be taxed, shall iile a bill in equity against the person »o in default, and the answer of the defendant shall not be competent against him in any criminal or penal proseciition; and whenever a suit is brought, or a bill tiled in behalf of the State, under any provisions of this act, it shall be done in the name of the State of North CWoHaa. l^ REVENrK LA\r.— 1862-63. SCUKDCLE A. Pobjecutob* S^x:. 70. The following subjects shall be nnnuHlly listed Ill addition to tliose mentioned in the ni-st section o( thia act, and taken as licrein specitied : Polls. (1) Every taxable poll, one dollar and twenty cents; Provided tliat the county court may exempt such poor and iiilirin ])ersons as they may declare and record lit subjects ot exemj)tion ; and, Providtd further ^ that soldiers in the actual eervice ol' the Confederate or Slate government, shall not bere(|uired to list or pay a full tax. Toll Gutes. (2) Every toll gate on a turnpike road, and every toll bridge, and every ferry 2^ per cent on amount of receipts durinj; the year, and all keepers of houses of public enier- tainment, whether in town or country, whoso annual re- ceipts amount to three hundred dollai-s or more, a tax of one per cent on the receipts. Gfltea acrosi (3) Evcrs' gate, permitted by the county court to be erected across a hii;hway, niteen dollars. HotesbaTers. (4) Every note shaver, or person who buys any note or notes, bond or bonds made by individuals shall list the j>ro- fits made and received,- or secured on all such ]>urcha6es made by him during the year eliding on the lirst day of Jul}', whether made for cash or in exchange for other notes or bonds, and pay a tax of ten ])cr cent on the aggregate amount of such profits, in addition to the tax im])osed by this act on the interest he may receive on such notes or bonds; I^rovidid, that there shall be no deduction made from the profits in consequence of any losses sustained. Uegro trsdcra. i^) Every pcisoii resident in this State, engaged in the business of buying and celling slaves, whether the purchases bo made in or out of the State for cash or on a credit, one- lialf of one per cent on the total amount of all his purchases, during the twelve months pieceding the first day of ApriU PerBPns buy- (0) Every person resident in this State, not a regular trader «€ii aKiiin'! '^ ill slaves, who may buy a slave or slaves to sell again. whether such purchase bo made in or out ol' the State, for cash or on credit, one-half of one per cent on the total Revenue Law.— 18G3-'63. I? amount of liis pnrcliases vilurin^' the twelve months ending the 31st of March of ojich year. (7.) Every carriage, bng^j or otiier vehicle kept for Vthicie*. pleasure or the conveyance of pprsons, of the value of fifty dollars or upwards, vne per cent on its value. Ever}- stud horse or jackass let to mares for a price, belonging to a resident of tlie State, six dollars, unless the highest price demanded for the season foi- one marc shall exceed tliat sum, in which case the ainonnf, thus demanded siiall be paid as a ta^', such jack or stud to l)o listed, and the tax paid in the county in which the owner resides. (8.) All gold and silver plale, goM and silver-plated ware r.oM and bU V(?r oiftt^ lew • and jewelry worn by males, including watch chains, seal? eiry, Ac' and keys, where collectively of greaJer vahui than twenty- five dollars, one ]>er cent on their entire value. (9.) Ever}- watch except thooc kept for sale, one per cent Watch?9,*c. on their value; every harp in w^q !^2.r.O ; every piano in use $1.50; every gold headed cane in use $1.00 ; every silver headed cane in use 50 cent;-. (10.) Every resident surgeon, dentist, physician, lawyer, s»ir-f«or«. portrait or miniature painter, dagucrrean artist, or other '''^"''■''■''' *'^' person taking likencsscss of the hurran face, and every com- mission merchant, factor, jirudtice broker and auctioneer, every State and county officer, every president and cashier, superintendent or treasurer of any bank, railroad, or other incorporated compan}', wluve total annual receipts and income in the way of practice, fees, ifrages, perquisites and emoluments, amount to or are worth one thousand dollars or upward^, one per cent on c-u-h total receipts and income ; ProriJrd that this clause shall not be construed to apply to the s.ilaries of the judges of the snpreme or superior courf< of law, nor to the sr.lnries of mil.'tar}' oflicers in the actual field service of the Conftderato or State governments, tut to the salary of the Governor. (11.) Every head of a family sljall list all his dogs above Dog». two on any one plantation, incluJing t]io.«e owned by lis slaves, or any other person rv»'ident <urpo8e8. i»c«d Hc;.d!«. (12^ Every perf^on who (?hall have traveled any railroad in this State in which the Slate has an iiiterest as a stoek- liolder, or with wliioh the State may have exchanged its bonds, ]>aying nothing, (commonly known by the nanio of deadheads) or paying less than two and a half cents per mile, or any member of whose family shall Iiave so traveled, (excepting the oflicials and emj)loyees travelling in the actual dibcharge c.i their duties as ofTicials or employees, and ex- cepting also ministers of the gospel travelling in the actual dibcharge of thoir religious functions,) shall list the number of miles he or any member of his family shall liavo so trav- eled the year preceding the first day of April, and thall pay a tax of two and a half cents per mile for each mile so trav- eled by him or by any member of his family, and on failure or r'-fusal so to list, he shall be guilty of a misdemeanor, and on conviction, shall pay a fine of not less than one hundred dollars. Bi.i J/ div (13.) Every person who shall have distilled brandy for himself, for sale, and every one who shall have had brandy distilled for eale, the year preceding the first day of April in every year, sh^ll list the number of gallons so distilled, and pay a tax of ten cents per gallon. j.iq'K.i /'(; n/Ai tax corresponding with the relative value of his estate or interffst. (2(1.) If the legacy or distributive share to be received, shall not be the entire property, such legatee or distributee shall, in like manner, pa^' a pro rain part of U»e tax, accord- ing to the value of his interest. (21.) Whenever the personal property in the hands of snch executor or administrator, (the aamo not being ncfded to be converted into money in the coaree of the adiuinistra- 22 RKTtxcii Law.— lS62-'63. tion) sliall be of nncertiiiii value, lie shrtli apply to the counfj court, to appoint tlirc.o impartial men of probity to ajssess the value thereof, and such assessment being returned to court and confirmed, shall be conclubive of the value. -o'^be ^Iste^in ^'■^•- ''l- I'-^ory person shall, at such time and place as ''^.''of'A^V" ^^^^^^ ^^ designated by the persona appointed to take the list of taxables, list all iIk^ real anf the tax list, with the fore- going oatli subscribed and fswom to before, and certified by a justice of the peace, which list, if transmitted to the taker of the tax lists, on or before the day appointed for taking the lists, shall be entered by him as though sworn to in his presence. Sec. 81. That if ahy person shall refuse to take the oath R<.f.i^*i «« prescnbcd in section 29, of this act, he shall lie deemea j,„i^,Hi.mi»de guilty of a misdemeanor, and the taker of the tax list shall "'*"•»""■• forthwith commit him to the common jail, unless he will bo recognized with Burclies, to appear at the next term of the superior court of the county to answer the chargo, and on S4 l^EVEfiUE Law.— 1 862- 03. ■^'^^ ron. convictrnn or snbraission, lie sliall be lined one hundred dol- lar8, at least, more than the amount of his taxes. iJT'f^'LT*^ Si-X). 82. That if any person neptroller, who shall debit or credit the eherili" accordingly, in his settleuicnt of that year. Aptifications ggc. 85. If the application for relief be made to the court, after the sheriff shall have settled the accounts with the comptroller, the court shall carefully examine the case, and if in its opinion, the applicant is entitled to relief, shall di- rect the clerk to record on the minute docket, the cause of complaint, and the amount which, in the opinion of the court, should be refunded to the ai)plicant. The clerk shall make out a copy of such record, certify the same under tho seal of the court, and deliver it to the a])plicant, who shall pay to the clerk a fee of fifty cents. Such copy shall then be transmitted to the comptroller of the Slate, who, on find- ing tho proceedings in conformity with the recjuirements of this section, shall credit the treasurer of the State with the amount specified, and make an endorseuient to thatetlect, on the transcript. The treasurer shall, on presentation of Kevenue Law.— 1862-'G3. 25 such copy tliu8 endorsed, pay to the holder of the same, the amount to be reluuded. Schedule B. Subjects Taxed wixnouT being Listed. Sec. 86. The sheriff shall annually collect the taxes as set ^^^^\l^^^ forth in this schedule, and grant to each party paying the tax, a license to carry on his business, until the first day of July next ensuing, except in cases where the tax is on non- resident traders in slaves, or horse and mule drovers, in which cases no license shall be required. (1.) Every company of circus-riders, or exhibitors of col- Circus rid*™, lections of animals, seventy-live dollars for each county in which they shall perform or exhibit for reward. Every se- parate exhibition (commonly known as side-feliows,) accom- panying such performers or exhibitors, which cannot be seen without the payment of a sei)arate charge, fifteen dol- lars for each county in which they exhibit for reward. (2.) Every company of stage or theatrical players, or per- Sisft pi«yer«. sons performing feats of strength or agility, or exhibiting natural or artificial objects, except amateur performers, twenty dollars for each county in which they exhibit fur reward. (3.) Every company of itinerant singers or performers on . if^erant ^ ■' •' ' *' . . . siDger*. musical instruments, or dancers, or itinerant companies, who, otherwise exhibit for the public amusement, ten dollars for each county in which they exhibit for reward. (4.) Every insurance company incorporated out of the in-nratw* • . . compan»«i». State, five per cent upon its gross receipts. (5.) Every agency of a bank incorporated out of the State, Rank •««>- five ])unon his profits. (7.) Every cxj)iess company six hundred dollars. Vxpnumim- (8.) Every public billiard table one hundred and twenty- Hiiiiardu- five dollars ; every private billiard table twenty-five dollarp ; *>'«. every bagatelle and roulette table fifty dollars. 20 Revenue Law.— 18C2-'63. le^""''"^ ^^' (^O Every piihlic bowlin;; allcj, wlieUier called aninepin or ten ])in alley, or Ly any other name, fit't}' dollars ; every private bowlinfj alloy ten dollars. Livery stable. (lu.) Every livery stable, or places where horses aii'l ve- hicles are kept for hire, fifty dollars. R^ioik-ru of (11.) Everv liccuscd retailer of spirituous liquors, wines l>i'i(jrs. . ' , ... or cf>rdials, or retailer of malt liquor.s, lifty dollars. In ad- dition to tlii^, such retailer shall list the amount of liquors, wines and cordials, as required in schedule A of this act, and pay the tax there imposed. Xcn-resident (12.) Every non-rcsident of the State, who, in person or negru buyers. , in i i i -.i-c.^^ r)y agent, sliall purcliase any slave or slaves hi tins otate, ahall, immediately after such purchase, become liable to pay a tax of one-half of one per cent on the amount of his pur- chase, and upon his neglect or failure to pay such tax, he shall forfeit and pay the sum of one hundred dollars, which shall be collected by the sheriff, one-half to his own use and the other hah* to the use of the State. When the purchase was made by an agent, such agent shall be ecpuilly liable for the tax and f(.»rfeiture with the principal. Xoii-resident (13.) Every non-resident of the State, who, either in per- negro sellers. "^ , , ^^ ' ^ son or by agent, brings a slave or slaves into the htate and sells, shall pay one-half of one per cent on the amount of each sale effected. If he fail to pay thi'^ tax, the purchaser shall be liable lor the same, and the sheriff of the county in which the sale was made, or in whicli tlie purchaser resides, shall collect, by distress or otherwise, out of the seller, if to be found in his county, and if the seller is not to be found, out of the buyer. Slave dealers (14.) Every buyer or seller of slaves, shall bo held to be held to be nou- /■ i r, i i i • i> ro-idents uu- a non-rcsiclent ot the btate, unless he jiroduce satisiactory less otborwise • i ^ ^^ ^ -iv ^i i. i • • ,i «. proven. evidonce to the sheriti tiiat he is a resident, riayiug cards. (15.) Every person that sells playing cards, fifty cents per pack on all cards sold by him during the year. , Riding Vebi- (16.) Every person tl.at for himself, or as agent for another, at his regular place of buniness, sells riding vehicles, manu- factured out of this State, one per cent on his sales. Auciionetrs. ^17.) Evi^ry auctioneer, on all goods, wares or merchan- dize, placed in liis hands by a merchant resident in the State, (whether owner or not,). or by a commission niev- E«-ory nicr- Revenue Law.— 1SG2- G3. 27 chant, one per cent on gross auionnt of sales, and if by itinerant traders or such as are non-residents of tiie State, live per cent on gross amount of sales, subject to all the regulations and exceptions set forth in the tenth cliai>tor Ilevised Code, entitled auctions and anctionoers, (IS) Every merchant, merchant-tailor, jeweller, grocer, ^^jj-^',"' druggist, apothecary, produce dealer, commission merchant, Ac- factor, produce broker, and every other trader, who, as principal or agent for anotlier, carries on the business of buying and seHing goods or wares, merchandise of vrhatso- ever name or description, and who is not taxed on his pur- chases in some other paragraph of this schedule, one-half of one per cent on the total amount of lr"s purchases, whether made in or ont of the Siate, for cash or on credit ; Provided^ that the value of articles, which are received in pa3'ment of goods sold at the usual place of business, shall not be estimated in the amount of purchases. (19.) From and after the first dav of January, 1863, every M'!"«'"actn. person or corporation manufacturing cotton or woolen cloth, woof, Ac. or a mixture of both, cotton, .yarn, leather, shoes, boots, flour, salt, implements of husbandry, wagons, wagon-harness, and all articles manufactured out of leather, clothing and iron, and every o^her person, who. as principal or agent for another, carries on the business of manufacturing any of the foregoing articles, all nett profits above seventy-five per cent upon the cost of production. (20.) Every dealer in ready-made clothing (ready-made ,*^"^-^ ™'*^*^ garments for males,) one and one half per cent, on total amount of purchases. (21.) Every person who, for himself or as agent for an- . intent ir.ti. other, sells patent medicines or nostrums, ten per cent on amount of his sales. (22.) Every horse or mule drover, or person who re- Hor»c df)- ceives horses or mnles to sell for another, one per cent, on the amount of each sale, due as soon as the sale is effected, and upon his neglect or failure to pay such tax in every county in which he sells, he shall forfeit and pay the sum of one hundred dollars, which sliall be collected by the sheritf, by distress or otherwise, one-half to his own use and one- half to the use of the State. 28 Revenue Law.— 18C2-'03. atwh and ^23.) Every stnd horse or jackass lot to marcs for a price, belonging to a non-resident of the State, ten dollars, nnle&s the in'ghest price demanded for the season, for one marc, s'lall exceed that sum, in which case, the amount thns (Jemaiidcd shall he paid for the license. The ])ajmcnt to one tihcriff, and the license under his hand, shall protect the subject, in this paragraph taxed, in any county of this State. Kver}- stud horse or jackass shall be considered as belonging to a non-resident, unlej-s the sheriff is furnish- ed with satisfactory' evidence that the owner is a resident of this State. Pedlars. (-i-) Evcry pcrso7i tliat peddles goods, wares or mer- chandize, not the growth or manufacture of this State, or any drugs, medicines, or nostrums, whether such person travel on foot, with a conveyance, or otherwise, shall first have proved to the county court, that lie is a citizen of the Confederate States, and is of good nioial character, and shall have obtained from the court, (who may, in its discre- tion make or refuse) an order to the sheriff to grant him pedlar's license, to exp're on the first of July next ensuing. And the sheriff, on production of a copy of such order, cer- tified by the cleik of said court, shall grant such hcense for his county, on receipt of forty dollars tax ; Provided, That not more than one person shall peddle under one license, (2.) Tliat any person who temporarily carries on a business as ijerchant, in any public place, and then removes liis goods, shall be deemed a pedlar. (3.) That nothing in this act con- tained, shall prevent any person from freely selling live stock, vegetables, fruits, oysters, fish, books, charts, maps, jirinled music or the articles of liis own growth or manulac- ture. Lightuin;; (25.) Evcry itinerant who deals in, or puts up lightning r|»lic.ation of the sherilf, shall de- ricrk tn j.r- . , 1 • 1 1 1 -/r ni-h abstraci liver to him a true abstract ot such return, wlncli ine slieriii for the Comp- ahall deliver to the comptroller when he settles his accounts; *'"""*'■• and if any sheriff shall foil to deliver such abstract to the comptroller, the comptroller shall add to tliQ taxes for which such sheriff is liable one thousand dollars, and so report his account to the treasurer. Srr. 95. If any clerk shall fail to perform any of the duties ^J^.^rfciture <•( r( quired in the two preceding sections of this act, or shaH falsely certify to the abstract of the sheriifs return, he shall bo deemed guilty of a misdemeanor, and on conviction, shall be removed from office. Sec. 90. If anv person taxed in schedule B, of this act, r.nuity f..r "" . . J 1 1 4.\ refusing vr ne- refuses or foils to pay the tuxes imposed, and leaves tho ^,i^cijn^ to i.»y county before the sheriff can collect the forfeiture, the ***• eheritt', in his own name, may recover the tax and forfeiture out of the delinquent, in any superior court of the State; the tax and forfeiture when collected, shall be paid over by - the sheriff, as originally lequired. Si'X). 97. The foilowingsuhjocts shall be taxed the amounir* '"^f ;:;,'\/,';^ Specified, and the taxc* collected and accounted for thus : vion. (1.) Every corporation that might become incorporatey until the company applying shall have deliverd to him the treasurer's receipt for the tax assessed in the preceding aection, which receipt the secre- tary sliall file in his oftlce. Marrajrf li- (3.) Every marriage license, one dollar ; every mortgage, (Win. tic. deed, marriage contract, and deed in trust, made to secure debtsor liabilities, onedoUar; and every othei' deed conveying title to real estate, where the consideration is three hundred dollars or upwards, fifty cents, payable to the clerk of the county court. Xo clerk shall <^rant such license, or admit to probate such instrument, until the tax shall have been paid, and the receipt shall be endorsed on snch license or instrument, and be registered with the same. Uroitra. (4.) Every broker, not a resident of the State, shall pay to the cashier of the bank from which he draws any exchange or 6])ecie, one per cent on all such sums drawn, to be ac- counted for to the State treasury, by the said cashier on oath. Ba«k t^xtA. (5.) The president or cashier of the banks herein named, on or before the 1st da}' of October in each year, shall pay into the public treasury the following tax tjpon each share of stock owned b^^ corporations or individuals, to-wit : The Bank of Wasiiington, twenty-five cents; the Merchant's Bank of New l>orne, twenty-five cents ; the Bank of Wadesboro' twelve and a half cents; the Bank of Fayette- vilk, twelve and a half cents; the Commercial Bank of "Wilmington, twenty-five cents; the Farmers' Bank of North (.'arolina, twenty-five cents; the J»aiik f»f North Carolina, ninety cents; the Bank of Lexington, forty -five cent?; the Miners' and Blanters' Bank, forty-live cents ; the Bank of Commerce, forty-five cents; the Bank of Clarendon, forty- live cents; the Bank of Cape Fear, ninety cents; the Bank llKVENaE Law.— l.S02-'63. 33- of Wilmington^ ninety centa ; the I'rink of Charlotte, twelve and a half cents; the Bank of Yanceyville, twenty-iive cents ; the Bank of Thoraasville, forty-five cents ; the Bank of Roxboro, forty-five cents, and any other which may bo chartered by this or any future General Assembly, ninety cents on the share of one hundred dollars, and in that pro- portion for shares of a less value, and in case the said ofH- cers of any bank shall neglect or fiiil to pay the tax herein required, said bank shall pay double the amount of said tax, and the same shall be sued for and recovered by the Attor- ney General in the name of the State, in the superior court of the county of AVake. Sec. 98. Every clerk shall keep a record of the taxes re- clerks to ceived by him, and to the county court next preceding the ^^^ * record, first of July of each year on the lirst day c-f the term, shall return a statement setting forth the date of each receipt, the person from whom received, the subject on which re- ceived, the amount received from each person, and the ag- gregate amount received up to that date, and not previous- ly accounted for; and to this statement the clerk shall at- tach an affidavit that such statement is correct, and that no receipt by himself or a deputy of his, haa been omitted to the best of his knowledge, which affidavit shall be sworn to and subscribed in the presence of the chairman of the court, who shall attest the same ; and the county court clerk shall record such statement and affidavit in a book kept for that ])urpose in his office, and keep a copy of the same posted in some conspicuous place in the court house, from tlie time at which the return shall be made, until the lirst dfiv of Janu- ary next ensuing. And on or before the second day of the term, the clerk shall pay the sheriff the aiJioHnt of the taxes received, as set forth in said return, less three per cent, commission for receiving and accounting for said taxes. Sec. 99. If any clerk shall fail to perform any duties re- pemiij fiuire *«• for the year, or shall, by himself or his deputy, collect from any person his tax for the year, for which he has been returned an insolvent, without accounting for the same ; or if any clerk shall fail to record or set up the returns as re- quired in the preceding section, the person so offending shall forfeit and pay to the State one hundred dollars, and the county solicitor shall prosecute a suit for the same. Sec. 105. Every sheriff or other person allowed by law natbaof tb«r. to collect and account in his stead, on settling his accounts Ij5i,e«»i«. with the comptroller, shall take the following oath, admin- istered by the comptroller, and subscribe the same in tlie presence of the comptroller, by whom it shall be attested, and the comptroller sh^ll make no settlement with the sber- 36 Revenue Law. — 1862-'d3. iff, or any one in his stead, unless he shall h«ave sworn to and subscribed the oath as hereby required : I, A. B., sheriff of the county of , do, on this, the day of , one thouf^and ci^ht hundred and , make oath, that the list now pivcn V)y me, is, to the best of my knowledcre and l)elief, complete, perfect and entire, and doth contain the full amount of all monies by me or for me received, or which quirht t<» have been received on account of the public taxes for the year one thorreand eiirht hundred and on listed and unlisted property, and all double taxes, and all taxes received from clerks ot courts, and from insolvents not heretofore accounted for, and all taxes received, or which oui,'ht to have been received from any other sources whatsoever. And I do further make oath, that if I, or any person for me, shall hereafter collect any unpaid tax now due, and not rendered in said list, I will render a true account thereof within one year after collcetinroyierty in the discharjro of any of the duties ot this act, imi^osed ou any of them where no penalty is jirovided, the defaulting officer shall forfeit and pay to the State for each dolault, one hundred dollars. And all the penalties by this act imposed on such officers for the sole use of the State, mav, when there is no special mode provided for recovering the same, be recovered in the name of the State, at the instance of the treasurer or on motion of tlie attorney general, or any of the solicitors of tiio State. Comptroller^ Sec. 115. The certificate of the treasurer or comptroller evidence.'^ of any matter of default in any of said officers occurring at the office of the comj)tro]ler or treasurer, and copies of any ]iapers in said offices duly certified by the jMoper keej^er thereof, shall be admitted as evidence in any suit or prose- cution whatever ai^^ainst them or otliers, and about any other matter whatsoever. Treasurer Sex\ IIG. Tho treasurer may, on motion, obtain judi;raent jUdgnllaiT.'" '" ^"y court of reccud against any person indebted to the State in the same manner and under the same rules and regulations whicli are prescribed in case (»f delinquent sherifis ; and the court shall award execution, thougli the amount of the claim be within the jurisdiction of a justice ,^^| of the peace. «H Penal ty for Seo. 117. If any person shall, wilfully and corruptly, com- perjury. ^^j^ perjury in any oath required to be taken or adminis- tered by any section of this act, such person shall be deemed guilt}' of a misdemeanor, and on conviction shall be subject to tho same ])ains and penalties as are imposed in section 29, chaotcr 34, entitled "Crimes and Punishments," in the Kevised Code, on pei*sons guilty of j)erjury. Repeal of Seo. 118. All laws imposing taxes, the subjects of which former statutes ^j,^ y^j^j^g^ in this act as imposing taxes upon subjects other than those revived in this act, are hereby repealed ; I'rooidcd^ that this repeal shall not be construed to extend to the provisions of any law, so far as relates to the taxes listed, or which ought to have been listed, or which may be due for the year 1802, or for any year previous thereto. Repeal. '^'P.G. 119. All other laws of this State, coming in conflict with the provisions of this act, are hereby repealed ; Pro- vided^ that nothing herein contained shall be construed as repealing existing laws, authorizing the appointment of tax collectors in certain counties, and all tax collectors so ap- pointed, siiall be subject to all the provisions of this act as fully as sheriffs are declared to be. Sec. 120. In all the counties of this State, where the first term of the county court, next after tho first of January, is Rkvence Law.— IS62-T.8. 39 already past l)y, or where, if held l)etween the iirst of Jan- (.^^.^^t*/ J^J,;;^ uary and the iirst Monday of March, itsliall pass by without have passed, appointing assessors and tax listers, as hereinbefore provided ; *^- or wlicrever in any county tlie first term of the county court shall be after the first Monday of March, tlie chair- man of each of the said county courts, or if there be_ no chairman, then the clerk shall direct a notice to the justices of the said courts, to meet in their respective court houses, to make the appointments aforesaid, and the clerk shall record on the minute docket of his court the proceedings of the said justices in special session ; Provided^ that this sec- tion shall continue in force during the year 1SG3, and after that, proceedings shall be had according to the previous sec- tions of this act. Sec. 121. As early as practicable after the ratification of this act, the comptroller shall have published three thou- sand copies of the same for the sherifis, clerks, assessors, tax listers, and members of assembly, and shall distribute the same among the diiferent counties of the State, by such mode as he and the public treasurer may adopt. Sec. 122. This act shall be in force from and after its ratification. Read three times and ratified in General Assembly, this llth day of February, A. D. 1SG3. R. S. DOTTXELL, S. H. C. GILES MEBANE, S. S. STATE OF XORTn-CAROLINA,| Office of Skcretaby of State. I, John P. IL Russ, Secretary of State in and for the State of North Carolina, do hereby certify that the forego- ing is a true copy of the original on file in this office. Given imder my hand this 20th day of Fcbrnarv, 18G3. JNO. P. IL RUSS, Secretary of Slate. 40 Revenue Law.— lSG2-'fi3. AN ACT SUPPLE^IEXTAL TO AN ACT PASSED AT THE PPwESKXT SESSION OF THE GENERAL ASSEMBLY ENTITLED REVENUE. Section 1. lie it enacted hy ihr General Asscmhly of the Stats of Korth Carolina^ and it is A>^ch>/ enacted hy tJie authority of the samt\ That in all tlic counties of this State Special conHs wherc the regular terms otthe count}' court shall come after t"°'ievy Hxct ^^'^ hstinj,' of taxes in the year one thousand eijrht hundred Ac. ' and sixty-three, between the sendincr in of the lists to the clerk and the iirst Monday of June inclusive, the taxes for county purposes may bo levied ; and when the courts shall come after that day, a special court shall be called by the clerk or chairman, to lie held prior to the first day of June, 1863, to make the said levy, and the proceedinj^ of the same shall be recorded by the clerk on his minutes. CourtUouse. Seo. 2. AVherever, in the said act entitled " Revenue," the term court-house shall be applied, it shall bo lield to include all such jilaces as may be used by authority ot law .* ' for the holdinn^ of courts orthedoinir of the county business. •* ISkc. 3. Jj'e it further enacted. That this bill shall be / printed with the Revenue Bilk Sec. 4. Jie it further enaeted. That this act shall be in force from and after its ratiiication. Read three times and ratified in General Assembly tills 11th day nf Febniarv, A. I). 18G3. R. S. DONNELL, S. IL C. GILES MEB/VNE, S. 8. STATE OF NORTII-C^AROLINA, ) ' Office of Sicckictary ok SrA'rK, f T, Jno. P. IT. Russ, Secretary of State in and for the State of North Carolina, do hereby certify that the foregoing is a true cojiy of the original on tile in this oflice. Given under iiny haiul this 2Uth day of February, 1SG.'>. JNO. P. II. RUSS, SECItETARY UV StATE.