before the assessor has made his return, or before the county clerk has turned over the tax rolls for the year to the county treasurer if the assessor's books be in his hands, he shall furnish to the county treasurer the assessment of that person, but if the party has been assessed and the assessor's books be in the hands of the county clerk, then the county clerk shall furnish to the county treasurer the assessment of that person, and the county treasurer shall at once levy on the property so returned to him the percentage of tax levied in that county for the previous year, and collect the same as in this chapter provided. If the tax books for that year have come into the possession of the county treasurer, then if such property be not listed therein, the county treasurer shall enter the same on the tax books and levy thereon the same percentage of tax that is levied in that county for that year, and the treasurer shall then collect the taxes so levied as in other cases.

History. L. 1909, p. 579.

Binion v. Oklahoma Gas & Electric Co., 28 Okla. 356, 114 Pac. 1096.

Section 21. Corporations and Banks.

(Section 7318, Revised Laws of Oklahoma, 1910.)

(91) Section 7318 of the Revised Laws of Oklahoma, 1910, shall be amended to read as follows:

"Section 7318. All corporations organized, existing or doing business in this State, for profit, other than public service corporations assessed by the State Board of Equalization, including national banks, state banks and trust companies, shall be assessed upon the net value of their moneyed capital, surplus and undivided profits, as the same existed on the first day of January of each year, in the county, town, district or city where such corporation is located, less the assessed valuation of any real estate located in this State owned by such corporation and listed separately in the name of such corporations. 'Moneyed capital,' as used in this section, shall include money actually invested in the business of such corporation, whether represented by certificates of stock, debentures or bonds.

"Every bank located within this State, whether such bank has been organized under the banking laws of this State or any other Territory or State, or of the United States, shall be assessed and taxed on the value of their shares of stock therein in the county, town, district, village or city, where such bank or banking association is located, and not elsewhere, whether such stockholders reside in such place or not. Such shares shall be listed and assessed with regard to the ownership and value thereof as they existed on the first day of January annually, subject, however, to the restriction that taxation of such shares shall not be at a greater rate than is assessed upon any other moneyed capital in the hands of individual citizens of this State, in the county, town, district, village or city where such bank is located. The shares of capital stock of national banks not located in this State, held in this State, shall not be required to be listed under the provisions of this Act. In each such bank there shall be kept at all times a full and correct list of the names and residences of its stockholders, and of the number of shares held by each; which list shall be subject to the inspection of the officers authorized to assess property for taxation; and it shall be the duty of the assessor to ascertain a correct list of the names and residences of all stockholders in any such bank, with the number and assessed value of all such shares held by each stockholder, and enter the total value of the same on his tax list, in the corporate name of such bank or corporation, and file the list of stockholders with the county clerk. The officer or officers authorized to receive taxes may, all or either of them, have an action to collect the tax on any share or shares of bank stock from any property of said bank or corporation or from the avails of the sale of such share or shares, and the tax against such share or shares shall be and remain a lien thereon from January first in each year until the payment of said tax. For the purpose of collecting such taxes it shall be the duty of every such bank, or the managing officer or officers thereof, to pay the tax assessed against said bank, or the stock thereof, and to retain so much of every dividend or dividends belonging

to such stockholders as shall be necessary to pay any taxes levied upon their shares of stock respectively until it shall be made to appear to such bank or its officers that such taxes have been paid; and they may sell any of said stock to reimburse said bank for any taxes so paid on same; and any officer of said bank who shall pay over or authorize paying over of any such dividend or dividends or any portion thereof, contrary to the provisions of this section, shall thereby become liable for such tax; and if the said tax shall not be paid, the collector of taxes where said bank is located shall proceed to collect the same in the same manner in which taxes on personal property are required to be collected by this Act, or by suit in the district court. Taxes due upon any property in the hands of any receiver appointed by any court in this State, or in the hands of any assignee or trustee, shall be a prior first lien upon all of said property and shall be paid by such receiver, assignee or trustee before any other claim except his personal costs."

History. Sess. Laws Okla. 1915, chap. 107, sec. 4, p. 142; effective March 11, 1915. Miami Trust & Savings Bank v. Botts, 160 Pac. 727; J. W. Wolverton Hardware Co. v. Porter, 160 Pac. 906; Binion v. Oklahoma Gas & Electric Co., 28 Okla. 356, 114 Pac. 1096; Williams v. Garfield Exchange State Bank of Enid, 38 Okla. 537, 134 Pac. 683.

Section 22. County Clerk May Assess Omitted Property.

(Section 1576, Revised Laws of Oklahoma. 1910.)

(92) It shall be the duty of the county clerk to assess at a fair value the property of any person or corporation liable to pay taxes which the township assessor has failed to assess, and place the same on the tax roll, and the county treasurer shall collect the taxes on the same as in other cases, and it shall further be the duty of the county treasurer to notify the county clerk of any such property which may come to his knowledge, and the county clerk, for the purpose of assessing the same, is authorized to administer oath to the owner of such property, or to any other person, touching the value of the same, but the county clerk is not required to see such property in person.

History. S. 1893, Sec. 1675.

CHAPTER III.

ASSESSMENT-PROCEDURE.

Section 23. State board to provide blanks.

Section 24.

Section 25.

Section 26.

Section 27.

Section 28.

Meeting to determine method of valuation.
Duty of assessor.

List to be signed and sworn to.

Penalty for refusal to list.

Duty of assessor when owner refuses to list.
Assessors may examine persons under oath.
Oath of assessor.

Perjury to give false list.

Penalty for collusion of officer and owner.
Listing property of another.

Listing by person doing business in more than
one county.

Section 29.
Section 30.
Section 31.

Section 32.

Section 33.

Section 34.

Section 35.

Section 36.

Oil and gas.

Corporations to list property.

Tank farms and fixtures.

Double assessment.

Section 23. State Board to Provide Blanks.

(Section 7319, Revised Laws of Oklahoma, 1910.)

(93) On or before the first day of January of each year the State Board of Equalization shall provide for the use of the assessors suitable notices and blank forms for the listing and assessment of all property and such instructions as shall be needful to secure full and uniform assessments and returns, and forward the same to the county clerks of the several counties of the State. The list of taxable property assessed to each person shall contain:

First. His lands by township, range and section, and any division or part of a section or numbered fractional lot of a section lying in the county in which the list is required.

Second. His town lots, naming the town in which the same are situated, giving the number of the lots and

block according to the system of numbering the same in the town.

Third. His right and title to any ferry franchise, toll bridge or part thereof.

Fourth. The average amount of capital employed in merchandizing or manufacturing, including all buildings, machinery and appurtenances thereto.

Fifth. Number of horses.

Sixth. Number of mules and asses.

Seventh. Number of cattle over six months old. Eighth. Number of sheep and goats over three months old.

Ninth.

Number of swine over three months old. Tenth. Number of carriages, automobiles and vehicles of every description.

Eleventh. Amount of household furniture.
Twelfth. The number of sewing machines.

Thirteenth. The number of watches and clocks. Fourteenth. The number of pianos, organs and other musical instruments.

Sixteenth. The value of agricultural tools, implements and machinery.

Seventeenth. Amount of gold and silver plate. Eighteenth. Amount of diamonds and jewelry. Nineteenth. The amount of moneys other than of banks or trust companies.

Twentieth. The amount of credits other than of banks or trust companies.

Twenty-first. The amount of bonds and stocks other than bank stock.

Twenty-second. The amount of money invested in bonds and stocks.

Twenty-third. The amount of State and municipal

bonds.

Twenty-fourth. The amount of shares of capital stock or bonds of companies and associations not incorporated under the laws of this State.