as the record of receipt of the tax which under this article is payable at or before the recording of the mortgage. If such additional tax is not paid as required by this section, the trust mortgagee shall not certify any bond or other obligation issued on account thereof, and the county attorney of the county in which such mortgage has been or is first recorded may maintain an action against the corporation making such mortgage to recover the amount of such tax, with interest at the rate of one per centum per month from the date when the same became due, and upon recovering such tax and interest such county attorney shall pay the same to the county treasurer of such county in satisfaction of such tax. The corporation making such mortgage or the owner of the property which secure the mortgage debt shall annually within thirty days after July 1st, until the maximum amount of principal indebtedness secured by such mortgage has been advanced, has accrued or become secured and the tax thereon paid, file in the office of the county treasurer in the county where such mortgage has been or is first recorded, a statement, verified by the secretary, treasurer or other proper officer of said corporation, of the total amount of principal indebtedness that has been advanced or has accrued on such mortgage, or has become secured thereby, prior to the first day of July preceding the filing of such statement. A failure to file any statement required by this section within the time. required shall subject the corporation making such mortgage to a penalty of one hundred ($100.00) dollars per day for each day such failure continues, recoverable by the county attorney of the county in which such mortgage has been or is first recorded. Provided, however, that where a mortgage, or deed of trust, is executed to secure the payment of bonds issued by any domestic railroad, transportation, transmission or industrial corporation and the money derived from the sale of said bonds. so secured by said mortgage, or deed of trust, is to be used for the creation, construction, building, improving and erecting of property that will be subject to an ad valorem tax in the county where same is situated; and there shall be paid a recording fee on said mortgage, or

deed of trust, so executed for recording said mortgage, or deed of trust, the sum of twenty-five cents for first folio and ten cents for each additional folio and fifty cents for indexing and recorder's certificate instead of the fees designated in this act, and on payment of same shall not be subject to the penalties prescribed in this act.

History. Session Laws Okla. 1913, chap. 246, sec. 9, p. 699. Property Situate in More Than

One County-Apportionment.

(54) Apportionment by the county treasurer when property is in more than one county, when the real property covered by a mortgage is assessed in more than one county-it shall be the duty of the county treasurer of the county where said mortgage is offered for taxation to ascertain the assessed value of the property in each county and to apportion the amount upon which the tax shall be paid to the county treasurer in each of the said counties upon the basis of the relative assessments. Where the mortgage is a first lien upon the real property situate in another county, it shall be his duty to apportion the amount of the tax property to be credited to said county by ascertaining the valuation of each parcel as appears from the last preceding assessment roll of the county in which such parcel is located, after deducting therefrom the taxable. amount of any prior lien. If, however, the whole or a part of the property covered by the mortgage in a county is not assessed in the last preceding assessment roll or rolls of said county in which it is located, or is assessed as a part of a larger tract in such a manner that the assessed value cannot be determined from the assessment rolls or roll, or improvements have been made upon the property so assessed, the county treasurer may determine the value of the property covered by the mortgage and for such purposes may require the mortgagor or mortgagee to furnish him with proofs as to such facts as he deems necessary for the purpose of computing such value, and the value so determined shall be deemed to be the assessed value for the purpose of such apportionment. When the real property covered by a mortgage is

located partly within the state and partly without the state, it shall be the duty of the county treasurer to whom said mortgage is offered for taxation to determine what proportion shall be taxable under this article by determining the relative value of the mortgaged property within this state as compared to the total value of the entire mortgaged property, taking into consideration in so doing the amount of all prior incumbrances upon such property or any portion thereof. If a mortgage covering property located partly within the state and partly without the state is presented for taxation before such determination has been made, then there may be presented to the recording officers, with such mortgage, or at the time when the first advance is made on prior advance mortgage as provided in section 12 of this article, a statement in duplicate verified by the mortgagor or an officer or a duly authorized agent or attorney of the mortgagor, specifying the value of the property covered by the mortgage within the state and the property covered by the mortgage without the state, stated separately. Such statements shall be filed with the county treasurer. The tax payable under this article shall be computed upon such properties of the principal indebtedness secured by the mortgage or of the sum advanced thereon, as the case may be, as the value of the mortgaged property within the state shall bear to the total value of the entire mortgaged property, as set forth in such statement. In determining the separate values of the property covered by any such mortgage within and without the state for the purpose of ascertaining the proportion of the principal indebtedness secured by the mortgage which is taxable under this article, the county treasurer shall consider only the value of the tangible property covered by each mortgage, taking into consideration in so doing the amount of all prior incumbrances thereon. For the purpose of determining such value the county treasurer may require the mortgagor or mortgagee to furnish him by affidavit or verified report such information or data as it (he) deems needed for the purpose, or he may take the testimony of the mortgagor or any other person in relation thereto, and if any person

whose testimony is desired can be found within the state, may require him by subpoena to attend before him at a specified time and place for the purpose of testifying in relation to the value of such property. He may also determine at the same time the proportion of the tax which shall be paid by the county treasurer who has received the same to the several county treasurers of the respective counties in the state in which parts of the mortgaged property are situated, and also the proportion of the tax to be distributed under the provisions of this article to be credited to each town or city within a county. When such county treasurer shall pay any portion of such tax to the county treasurer of any other county, he shall at the same time file in the office of the recording officer of such county a brief description of the mortgage on which such tax is paid sufficient to identify the same, together with a statement of the payment of such tax, and the amount thereof, and the recording officer of such other county shall note on the margin of the record of such mortgage the fact of such payment, attested by his signature.

History. Session Laws Okla. 1913, chap. 246, sec. 10, p. 692.

Payment Over and

Distribution of Taxes.

(55) It shall be the duty of the county treasurer receiving such special tax to apportion the same at the time of the collection of ordinary taxes of the state, county, cities, towns, villages or school districts, and other local subdivisions of the state, in the same ratio and proportion as taxes collected from other sources, and tax being levied for the same purposes that ad valorem taxes are levied and collected under existing laws in this state.

History. Session Laws Okla. 1913, chap. 246, sec. 11, p. 695. Advances on Old Mortgages-Effect

of New Tax on Old Assessments.

(56) Whenever any part of the principal indebtedness which is or under any contingency may be secured by a mortgage recorded prior to July 1, 1913, is advanced after July 1, 1913, the tax prescribed by Sec. 4 of this article is hereby imposed on the amount of the principal

indebtedness so advanced, which tax shall be payable at the same time and in the same manner as taxes imposed by this article, and all the provisions of this article in relation to the time and manner of paying such tax, the filing of statements in relation to the time and amount of such advances and penalties for failure to file the same shall apply to advances made under this section, and the payment of a tax thereon, except that if the mortgagor is not a corporation, such statements shall be filed by the owner of the mortgage, who for failure to do so, shall be subject to the penalties prescribed by such section. A statement filed under this section in July, 1913, for the year ending on June 30, 1913, shall also contain a statement of the amount of principal indebtedness which has been advanced before July 1, 1913, on the mortgage to which such statement refers. In case said mortgage was given to secure the payment of a series of bonds, notes or other evidences of indebtedness, the mortgagees may, at the time of paying such tax, present to the county treasurer the bonds, notes, or other evidences of indebtedness, representing the portion of the principal indebtedness secured by said mortgage upon which the tax is to be paid, and also file with the said county treasurer a statement verified by the mortgagor or an officer or duly authorized agent or attorney of the mortgagor, specifying the said bonds, notes or other evidences of indebtedness representing that portion of the principal secured by said mortgage upon which the tax is to be paid, and that said bonds, notes, or other evidences of indebtedness are secured by a mortgage recorded in said office, stating the date of said mortgage and the book and page of the record of the same. It shall be the duty of such county treasurer to endorse upon each of said bonds, notes or other evidences of indebtedness so presented to him, a statement signed by him to the effect that the tax imposed by this article on that portion of the principal indebtedness secured by said mortgage represented by said bonds, notes or other evidences of indebtedness has been paid, and said statement shall be conclusive proof of such payment. The bonds, notes or evidences of indebtedness secured by