this state, except insurance companies, shall, in addition to the other property required by this act, to be listed, make out and deliver to the assessor a sworn statement of the amount of its capital stock, setting forth particularly: First. The name and location of the company or association. Second. The amount of capital stock authorized, and the number of shares into which such capital stock is divided. Third. The amount of capital stock paid up. Fourth. The market value, or if no market value then the actual value of the shares of stock. Fifth. The total amount of all indebtedness, except the indebtedness for current expenses -excluding from such expenses the amount paid for the purchase or improvement of property. Sixth. The assessed valuation of all its real and personal property (which real and personal property shall be listed and valued as other real and personal property is listed and assessed under this chapter). The aggregate amount of the fifth and sixth items shall be deducted from the aggregate value of its shares of stock, as provided by the fourth item, and the remainder, if any, shall be listed by the assessor in the name of such company or corporation as capital stock thereof. In all cases of failure or refusal of any person, officer, company or association to make such return or statement, it shall be the duty of the assessor to make such return or statement from the best information which he can obtain.

SEC. 33. [State and national banks, how assessed.]-The stockholders in every bank located within this state, whether such bank has been organized under the laws of this state or of the United States, shall be assessed and taxed on the value of their shares of stock therein, in the county, town, precinct, 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 April, 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, precinct, 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.

SEC. 34. [Same-List of stockholders to be kept.]-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 and report to the county clerk 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.

SEC. 35. [Same-Shares, how listed.]--The county clerk, to whom such returns are made, shall enter the valuation of such shares in the tax lists, in the names of the respective owners of the same, and shall compute and extend the taxes thereon the same as against the valuation of other property in the same. locality.

SEC. 36. [Same-Taxes on shares, how collected-Lien.]-The collector of taxes, and the officer or officers authorized to receive taxes from the collector, may all, or either of them, have an action to collect the tax assessed on any share or shares of bank stock 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 till the payment of such tax.

SEC. 37. [Dividends to be held for taxes-Shares sold.]-For the purposes of collecting such taxes, it shall be the duty of every such bank, or the managing officer or officers thereof, to retain so much of any 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 any officer of any such bank who shall pay over or authorize the 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 sell said share or shares to pay the same, like other personal property. And in case of sale the provision of law in regard to the transfer of stock when sold on execution, shall apply to such sale.

SEC. 38. [Insurance companies, how taxed.]-Each and every insurance company transacting business in this state shall be taxed upon the gross amount of premiums received within the state during the year previous to the year of listing in the county where the agent conducts the business, and the agent shall render the list and be personally liable for the tax; and if he refuses to render the list, or to make affidavit that the same is correct to the best of his knowledge and belief, the amount may be assessed according to the best knowledge and discretion of the assessor. Insurance companies shall be subject to no other taxation under the laws of this state, except taxes on real estate, and the fees imposed by the chapter on insurance. But the provisions of this section shall not apply to companies having no capital stock, and doing business exclusively as mutual companies.

SEC. 39. [Railroad and telegraph property--Listing.]-The president, secretary, superintendent, or other principal accounting officers within this state, of every railroad or telegraph company, whether incorporated by any law of this state or not, when any portion of the property of said railroad or telegraph company is situated in more than one county, shall list and return to the auditor of public accounts for assessment and taxation, verified by the oath or affirmation of the person so listing, all the following described property belonging to such corporation on the first day of April of the year in which the assessment is made within this state, viz.: The number of miles of such railroad and telegraph line in each organized county in this state, and the total number of miles in the state, including the road bed, right of way, and superstructures thereon, main and side tracks, depot buildings, and depot grounds, section and tool houses, rolling stock and personal property necessary for the construction, repairs, or successful operation of such railroad and telegraph lines; Provided, however, That all machine and repair shops, general office buildings, store houses, and also all real and personal property, outside of said right of way and depot grounds as aforesaid, of and belonging to any such railroad and telegraph companies shall be listed for purposes of taxation by the principal officers or agents of such companies, with the precinct assessors of any precinct of the county where said real or personal property may be situated, in the manner provided by law for the listing and valuation of real and personal property. [Amended and took effect Feb. 28, 1881. 1881, chap. 70.]

SEC. 40. [Assessment.]-The return to the auditor of public accounts herein provided shall be made on or before the fifth day of April annually. If the return aforesaid be not received by said auditor by the tenth day of April, he shall thereupon proceed to obtain the facts and information aforesaid in any manner that may appear most likely to secure the same correctly, and for that purpose may address a written communication to the corporation or to some officers of the corporation who has failed to make the return aforesaid. As soon as practicable after the auditor has received the said return, or procured the information required to be set forth in said return, a meeting of the state board of equalization, consisting of the governor, state treasurer, and auditor, shall be held at the office of said auditor, and the said board shall then value and assess the property of said corporation at its actual value for each mile of said road or line, the value of each mile to be determined by dividing the sum of the whole valuation by the number of miles of such road or line. In making up such valuation or assessment the said board shall examine and consider the return herein required to be made, or the information procured by the auditor in default of such return, together with such other reliable information relative thereto as they may be able to procure; said board shall not assess the value of any machine or repair shop or general office buildings, store houses or any real or personal property situated outside of the right of way or depot grounds of such company. On or before the fifteenth day

SEC. 39. 15 Neb. 254.

of May, or so soon thereafter as the said board, or any two thereof, shall have made and determined said valuation and assessment, the auditor shall certify to the county clerks of the several counties in which the property of the aforesaid corporation, or any part thereof, may be situated, the assessment per mile so made on the property of such corporation, specifying the number of miles and amount in each of such counties. All such property shall, for the purpose of taxation, be deemed "personal property," and placed on the tax list as hereinafter provided. [Amended and took effect Feb. 28, 1881. 1881, chap. 70.]

SEC. 41. [False schedule-Penalty.-If any person or corporation shall give a false or fraudulent list, schedule, or statement, required by this act, or shall fail or refuse to deliver to the assessor, when called on for that purpose, a list of the taxable personal property which he is required to list under this act, he or it shall be liable to a penalty of not less than $10 nor more than $100, to be recovered in any proper form of action, in the name of the state of Nebraska, on the complaint of any person. Such fine, when collected, to be paid into the county treasury.

SEC. 42. [Same-Perjury.-Whoever shall wilfully make a false list, schedule, or statement, under oath, shall, in addition to the penalty provided in the preceding section, be liable as in the case of perjury.

SEC. 43. [Realty-When listed.]-All real property in this state, subject to taxation under this act, including real estate becoming taxable for the first time, shall be listed to the owners thereof, by such owners, their agents, county clerks or assessors, or the county board, and assessed with reference to the amount owned on the first day of April in each year, including all property purchased on that day; Provided, That no assessment of real property shall be considered as illegal by reason of the same not being listed or assessed in the same name of the owner or owners thereof.

SEC. 44. [Same.]-The owner of property on the first day of April in any year, shall be liable for the taxes of that year. The purchaser of property on the first day of April shall be considered as the owner on that day.

SEC. 45. [Assessment books, how made.]-The county clerk shall make up for the several townships or precincts in his county, in books to be provided for that purpose, by the auditor of public accounts, the lists of lands and lots to be assessed for taxes. Such books shall also contain sufficient space with suitable columns for the names of persons and the amounts, kinds, and value of personal property required by law to be listed according to the schedule set forth in section twenty-four. When a whole section, half section, quarter section, or half-quarter section belongs to one owner, it shall, at the request of the owner or his agent, be listed as one tract, and when all lots in the same block belong to one owner, they shall, at the request of the owner or his agent, be listed as a block. When several adjoining lots in the same block belong to the same owner, they shall, at the request of the owner or his agent, be included in one description; Provided, That when any tract or parcel of real estate is situated in more than one township or precinct, or in more than one school, road, or other district, the portion thereof in each shall be listed separately. Said clerk shall enter in the proper column, opposite the respective tracts or lots, the names of the owners thereof, so far as he shall be able to ascertain the same. Said books shall contain columns in which may be shown the number of acres or lots improved, and the value thereof; the number of acres or lots not improved, and the value thereof; the total value, and such other columns as may be required.

SEC. 46. [Separate books.]-Separate books shall be made for the assessment of property and collection of all taxes and special assessments thereon, within the corporate limits of cities, towns and villages, if ordered by the county board, except where such cities, towns, or villages are included within the limits

SEC. 43. A government homestead becomes liable to taxation as soon as the owner has a right to make final proof and complete his title. 5 Neb. 401. And lands purchased by private entry from the United States, become so as soon as the sale is completed by a payment of the purchase money. 6 Neb. 126. Szo. 45. A failure to list in the name of the owner will not render the tax void. 9 Neb. 374.

of any township in cities under township organization, and except in cities of the first class.

SEC. 47. [Lists compared.]-The county clerk shall cause such lists to be carefully compared with the list of taxable real property on file in his office.

SEC. 48. [Books ready-Delivery to Assessor.]-The county clerk shall cause such assessment books, and all blanks necessary to be used by the assessor in the assessment of real and personal property, to be in readiness for delivery to the assessor on or before the first day of April in each year; and for preparing assessment books, the county commissioners shall pay such sum as shall seem to them just and equitable. [Amended 1883, chap. LXVIII.]

SEC. 49. [Assessors' Meeting.]-There shall be held annually on the third Tuesday of March, at the office of the county clerk of each county, a meeting of the assessors of said county for the purpose of consultation in regard to the value of the various kinds and classes of property to be by them assessed; and it shall be the duty of each assessor to attend such meeting, and to call upon and receive from the county clerk the necessary books and blanks for the assessment of property, and the failure of any assessor so to do shall be deemed sufficient cause to declare his office vacant, and for the appointment of a successor. [Amended 1885, chap. 69.]

SEC. 50. [Additional lands.]--If, after the delivery of such books to the assessor in any year, the clerk shall receive an abstract showing the entry of any lands or lots not contained in such books, it shall be his duty to furnish a list of the same to the proper assessor within five days after such abstract is received.

SEC. 51. [Assessor's deputies.]-If any assessor, for any cause whatever, shall be unable to perform the duties required of him within the time designated by law, he may, as the case may require, appoint one or more suitable persons to act as deputies to assist him in making the assessment, and may designate the district, or portion of the township, precinct, county, city or village in which such deputy or deputies are authorized to list and assess property. Such deputy assessors shall make their returns to the assessor.

SEC. 52. [Realty, how assessed.]-Assessors shall, between the first day of April and the first day of June of each year, actually view and determine, as nearly as practicable, the value of each tract or lot of land listed for taxation, as provided by this act, and set down in proper columns, in the book furnished him, the value of each tract or lot improved, the value of each tract or lot not improved, and the total value. He shall also set down, in separate columns, the number of acres in wheat, corn, oats, meadow, and other field products, the number of fruit, forest trees and grape vines, in that year.

SEO. 53. [Additional lands added.]--If the assessor discovers any real property, subject to taxation, which has not been returned to him by the clerk, he shall list and assess such property.

SEC. 54. [Personalty, how assessed.]-The assessor shall also, between the first day of April and June, proceed to take a list of the taxable personal property in his county, township, precinct, city, or village, and assess the value thereof in the manner following, to wit: He shall call at the office, place of doing business, or residence of each person required by this act to list property, and list his name, and shall require such person to make a correct statement of his taxable property, in accordance with the provisions of this act; and the person listing the property shall enter a true and correct statement of such property, in the form prescribed by this act, which shall be signed and sworn to, to the extent required by this act, by the person listing the property, and delivered to the assessor; and the assessor shall thereupon assess the value of such property, and enter the same in his books with the name of the parties in alphabetical order, and the numbers and kinds and values of the several species of property required to be listed, and their total value; Provided, If any property is listed or assessed on or after the first day of June, and before the return of the assessor's books, the same shall be as legal and binding as if listed and assessed before that time.

SEC. 52. See note to Sec. 21 ante.

SEC. 55. [Owner, etc., sick or absent.]—If any person required by this act to list property shall be sick or absent when the assessor calls for a list of his property, the assessor shall leave at the office or usual place of residence or business of such person a written or printed notice, requiring such person to make out and leave at the place named by said assessor, on or before some convenient day named therein, the statement or schedule required by this act. The date of leaving such notice, and the name of the person required to list the property, shall be carefully noted by the assessor in a book to be kept for that purpose.

SEC. 56. [Examination by assessor--Witnesses.]-The assessor may examine, on oath, any person whom he may suppose to have knowledge of the amount or value of the personal property which the person so refusing is required to list. The assessor may take the proper form of action to compel the attendance of a witness.

1

SEC. 57. [School district to be designated.]-It shall be the duty of assessors, when making assessments of personal property, to designate the number of school district or districts in which each person assessed is liable for tax; which designation shall be made by writing the number of the district opposite each assessment in a column provided for that purpose in the assessment book.

SEC. 58. [Property in several districts.—When the personal property of any person is assessable in several districts, the amount in each shall be assessed separately and the name of the owner placed opposite the amount.

SEC. 59. [Failure to obtain statement or schedule-Assessor to fix value.]—In all cases of failure to obtain a statement of personal property from any cause, it shall be the duty of the assessor to ascertain the amount and value of such property, and assess the same as he believes to be the fair amount and value thereof.

SEC. 60. [Owner may require list of valuation.]-The assessor, when requested, shall deliver to the person assessed a copy of the statement of property hereinbefore required, showing the valuations of the assessor of the property so listed; which copy shall be signed by the assessor.

SEC. 61. [Forms.]-Assessors, in the execution of their duties, shall use the forms and pursue the instructions which shall, from time to time, be transmitted to them by the auditor of public accounts, or that may be furnished to them by the county clerk, or other officer, in pursuance of law.

REVIEW OF ASSESSMENT BY TOWN BOARD.

SEC. 62. [Power of town board.]-In counties under township organization, the assessor, with his assessment book and the schedules and statements of property by him assessed, together with the town board, shall meet on the first Monday of June, for the purpose of reviewing the assessment of property of said town. And on the application of any person considering himself aggrieved, or who shall complain that the property of another is assessed too low, they shall review the assessment and correct the same as shall appear to them just. No complaint that another is assessed too low shall be acted upon until the person so assessed, or his agent, shall be notified of such complaint, if a resident of the county. [Amended 1885, chap. 69.]

SEC. 63. [Return of assessor.]-The assessor shall, on or before the first Monday of June of the year for which the assessment is made, return his assessment book to the county clerk, verified by his affidavit, substantially in the following form:

county, ss. I

assessor of

State of Nebraska, do solemnly swear, that the book to which this is attached, contains a correct and full list of all real and personal property subject to taxation in -, so far as I have been able to ascertain the same. That the value of all property, moneys, and credits of which a statement has been made and verified by the oath of the person required to list the same, is hereby truly returned, as set forth in such statement; that in every

SEC. 63. See note to sec 21, ante.