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Blanks furnished

reports.

SEC. 8. Blanks for making the statements provided for on application, in sections six and seven shall be furnished to such comProviso, as to panies on making application to said board: Provided, That the reports hereby provided for shall not in any way relieve any of said companies from making the reports now required to be made to other State officers. In case any company fails or refuses to make the statement required by this act, or refuses to furnish any information requested, the board shall inform itself as best it may on the matters necessary to be known, in order to discharge its duties with respect to the assessment of the property of such companies. Any company which shall refuse or neglect to make the report required by this act or any part thereof, within the time specified, shall be subject to a penalty of five hundred dollars for each day of the continuance of such neglect or refusal to file said report, to be recovered in a proper action brought in the name of the people of the State of Michigan in any court of competent jurisdiction: Provided, That when any company shall show to the satisfaction of said board that it cannot furnish any of the information requested, said board may excuse said company from furnishing such information.

Penalty for neglect or refusal to report.

Proviso.

Assessment roll, when prepared.

SEC. 9. Subsequent to the filing of the reports required in the preceding sections, and prior to the fifteenth day of January in each year, it shall be the duty of the State Board of Assessors to prepare an assessment roll as provided in section four of this act, upon which they shall assess, at the true cash value, on the thirtieth day of June next preceding the time of making said assessment, all the property of the companies herein enumerated, subject to taxation under this act, which said assessments shall not be final until reviewed as hereinafter provided. For the purpose of arriv property, etc., ing at the amount and character and true cash value of the

Board may

inspect

to arrive at cash value.

Value of

property of railroad companies, how determined.

property belonging to said companies as appearing upon the assessment roll for the purpose of assessment and taxation, the said board may personally inspect the property belonging to said companies, and may take into consideration the reports filed under this act, the reports and returns of said companies filed in the office of any officer of this State, and such other evidence or information as may be obtainable or possessed by said board, bearing thereon. In determining the true cash value of the property of each railroad and union station and depot company which owns, leases, operates or uses lines partly within or partly without this State, the said board shall be guided, in ascertaining the property subject to taxation in Michigan, by the proportion which the number of miles of main track controlled or used by said company as owner, lessee or otherwise, within the State of Michigan, bears to the entire mileage of main track controlled or used by said company as owner, lessee or other

property,

companies,

determined.

companies,

how

wise, both within and without this State. In determining Value of the true cash value of the property of each telegraph com- of telephone pany and telephone company, which owns, leases, operates and telegraph or uses lines partly within and partly without this State, how the said board shall be guided, in ascertaining the property subject to taxation in Michigan, by the proportion which the number of miles of telegraph or telephone lines controlled or used by said company as owner, lessee or otherwise, within the State of Michigan, bears to the entire mileage of telegraph or telephone lines controlled or used by said company, as owner, lessee or otherwise, both within and without this State. In determining the true cash value of the Express property of express companies, they shall ascertain and deter- value of mine the actual value in money of the entire amount of the property capital stock and bonded indebtedness of such express com- determined. pany. From the amount so obtained and determined, said board shall deduct the actual value of all real estate owned by it as ascertained by said board, and the actual value of all its personal property as ascertained by said board, which is not used in the express business of such express company. And the remainder thus obtained shall be used in deter- Assessment, mining the assessment of such express company in the follow-determined. ing manner: The said board shall then divide the amount as obtained above by the total number of miles, as determined by said board, of railroad, stage, water and other routes, over which the company did business to obtain the value per mile, and shall then multiply the value per mile thus obtained by the total number of miles of such routes within this State, as determined by said board, to which result shall be added the value of all real estate owned by such express company in this State, as determined by said board, and the sum so obtained shall be taken and considered as the actual value of the property of such express company, subject to assessment and taxation in this State: Provided, That if in any case it shall become apparent Proviso. to the said board that the ocean routes of any company are so different in character from its other routes that the mileage basis of apportionment of the value of the entire property to be apportioned in Michigan would be unfair if the full mileage of such ocean routes were included, then it may make such allowance for such ocean routes of any company as in its judgment will bring such routes upon a parity with its other routes, being guided therein by the relative mileage values and earning capacities of such ocean and other routes. For this purpose the Board of Assessors Character, shall require special reports of the character, mileage, earn- mileage, ings and value of such ocean routes and may exclude from reports of. its aggregate mileage any ocean routes respecting which the company shall fail to furnish reports, and no further penalty shall be imposed for the failure to report the mile

etc., special

Further proviso.

Car loaning,

age of ocean routes.: Provided further, That if any such company shall claim, in writing, that the mileage basis of apportionment of the value of the entire property to be attributed to Michigan is unfair, then such board shall make such apportionment as shall in its judgment be fair, being guided by the mileage within and without the State, making proper allowance for ocean mileage, as above provided for. In ascertaining the true cash value of the property in Michstock car, etc., igan, of car loaning, stock car, refrigerator, fast freight line property, how and other car companies, and other companies owning, leasing, running or operating cars subject to taxation under this act, the said State Board of Assessors shall be guided by the relation which the aggregate car mileage made or run by the entire number of cars owned or operated by each of such companies bears to the car mileage made or run by the entire number of cars owned or operated by any such company within this State.

value of

determined.

Assessment roll to contain

description

property.

Railroad, depot companies, etc.

Telegraph and telephone companies.

SEC. 10. Upon said assessment roll, after the name of each of the companies assessed thereon, shall be placed a generation of general description of the property of said companies, which shall be deemed to include all of the properties of said companies liable to taxation under this act. In the case of railroad, union station and depot companies, such general description may be as follows: "Real estate, rolling stock, right of way and appurtenances, and all other property used in carrying on the corporate business and subject to taxation by a State Board of Assessors." In the case of telegraph and telephone companies, the following general description may be used: "Real estate, exchanges, switchboards, conduits, telegraph and telephone poles, and lines, and other appurtenances, and all other property used in carrying on the business of said company, and subject to taxation by a State Board of Assessors." In the case of car loaning, stock car, refrigerator and fast freight line, and other car companies and other companies, owning, leasing, running or operating any cars subject to taxation under this act, the following general description may be used: "Cars subject to taxation by a State Board of Assessors." In the case of express companies and sleeping car companies, the following general description may be used: "Property subject to taxation by a State Board of Assessors." In an appropriate column opposite the names of said corporations shall be extended the cash valuations of the properties of the said companies so assessed.

Car loaning refrigerator, etc., companies.

Valuations extended.

Board, annual

meeting of, review.

SEC. 13. It shall be the duty of the said State Board of Assessors, not later than the fifteenth day of January for assessment in each year, from the information contained in the reports provided for in section twelve of this act, to ascertain and determine the average rate of taxation for the year in which said reports are required to be made, levied upon other property upon which ad valorem taxes are assessed for State,

county, township, school and municipal purposes, and enter the same upon its records forthwith, together with the method by which such average rate was ascertained and determined.

companies

form of.

SEC. 14. Said board shall tax the property of the several To tax companies as assessed by it at the rate as determined by property of it, and the amount of tax to be paid by each of said com- as assessed. panies shall be extended upon said assessment roll, opposite the description of their respective properties. After the completion of said tax roll, and prior to the first day of March, in each year, the said board shall attach thereto a certificate, signed by the members of the board, or a majority thereof, which shall be as follows: "We do here- Certificate, by certify that we have set down in the above assessment roll, all the property of railroad companies, express companies, union station and depot companies, telegraph aud telephone companies, car loaning, stock car, refrigerator and fast freight line, and other car companies, and other companies owning, leasing, running or operating cars, and sleeping car companies, liable to be taxed in this State, according to our best information, and that we have estimated the same at what we believe to be the true cash value thereof, and that we have assessed the taxes thereon at the average rate of taxes for State, county, township, school, municipal and other purposes, levied through this State during the preceding year, as determined by us." The said tax roll shall thereupon be forthwith delivered to the Auditor General, who shall immediately notify by registered mail the several companies taxed thereon to pay the taxes extended thereon to the State Treasurer. The said taxes shall be payable on Taxes, the first day of April, following the assessment and levy when payable. thereof, and shall be in lieu of all taxes for State and local purposes, not including special assessments on property particularly benefited, made in any county, city, village or township. All taxes not paid before the first day of May Taxes, when in the year in which the same are payable, shall bear interest to bear thereafter at the rate of one per centum per month or any fraction thereof. The taxes so extended against said companies shall become forthwith a debt from each of said com- Taxes to be a panies to the State and shall constitute a lien upon all the lien upon property of said companies, real, personal and mixed, which lien shall take precedence of all demands, judgments, assignments by warranty deed or otherwise, or decrees against said companies, which lien and debt may be enforced by seizure, or sale of said property or such portion thereof as may be necessary to satisfy the same, as herein before provided. The State Board of Assessors shall, upon the com- Board to pletion of said roll and the correction herein before provided annex warrant for, annex to said roll a warrant, signed by the said State to command. board, or a majority of them, commanding the Auditor General to collect the several sums mentioned in the last

interest.

property.

to roll; what

column of such roll, and being the sum for which the said company was assessed and was liable to pay for a tax upon its property, under the provisions of this act for the purposes provided for in this act; and the said warrant shall authorize and command the Auditor General, in case any corporation, company or person named in the assessment roll shall neglect or refuse to pay its tax, to levy the same by distress and sale of the properties of said corporation, company or person or such portion thereof as shall be necessary to raise sufficient money to satisfy said tax and the expense of said sale, after giving the same notice of said sales as provided for in the general laws of this State for the sale Proviso as to of property seized for taxes, and offered for sale: Provided, That he may bring an action in the name of the people of the State of Michigan in any court of competent jurisdiction in the State of Michigan, or in any other state, for the enforcement of said lien, and upon the recovery of judgment or decree therein, the same may be collected by execution, levy and sale, as in other cases, upon judgments in courts of record.

enforcement

of lien.

Act not to affect specific

of 1909.

SEC. 18. Nothing herein contained shall be deemed a tax collection Waiver or affect the collection of the specific taxes required to be paid by the companies hereby affected, on the first day of July in the year nineteen hundred nine, and previous years, under the general laws upon the property or business of such companies within this State. The existing laws providing for the collection of such specific taxes shall be continued in force until the collection and payment of all taxes levied thereunder for the year nineteen hundred nine and previous years.

Repealing clause.

Proviso.

SEC. 21. All acts or parts of acts, whether contained in any act for the incorporation of railroad companies, union station and depot companies, telegraph and telephone companies, express companies, car loaning companies, stock car companies, refrigerator car companies, sleeping car companies, fast freight line companies, or other car companies, or in any other law of the State, so far as such acts or parts of acts are inconsistent with the provisions of this act, are hereby repealed, except as herein expressly stated: Provided, however, That all taxes levied or in process of assessment and levy, under the act to which this act is amendatory, shall be assessed, levied and collected under said act; all rights which the State now has under any of said acts for taxes or penalties shall not be in any way affected by this act; nor shall this act constitute a bar to any prosecution or suit for such taxes or penalties or the recovery of judg ment therefor.

Approved April 28, 1909.

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