to law and the facts, and adjust the accounts for taxes accordingly, and may, in its discretion, modify the penalty imposed for failure to report as provided in this article, and shall send notice of its determination thereon to the corporation and state comptroller forthwith. 219c, as of L. 1917, added by ch. 726, 88. Section two hundred and nineteen-c of such chapter, as added by chapter seven hundred and twenty-six of the laws nineteen hundred and seventeen, and as amended by chapter hundred and twenty-eight of the laws of nineteen hundred and by L. 1919, nineteen, is hereby amended to read as follows: six and 219-c. When tax payable. The tax hereby imposed shall be paid to the state comptroller on or before the first day of January of each year, or within thirty days after notice of the tax has been given as provided in section two hundred and nineteen-b of this chapter if such notice is given subsequent to the first day of December of the year for which such tax is imposed. If such tax be not so paid, or in the case of additional taxes, if not paid within thirty days after notice of such additional tax has been given as provided in section two hundred and nineteen-d of this chapter and such notice of additional tax is given subsequent to the first day of December of the year for which such additional tax is imposed, the corporation liable to such tax shall pay to the state comptroller, in addition to the amount of such tax, or additional tax, ten per centum of such amount, plus one per centum for each month the tax or additional tax remains unpaid, but the state comptroller upon submission to him of satisfactory proof that the failure to pay such taxes, or additional taxes, within the time prescribed in this article, was not willful or evasive, may modify the exaction to not less than one per centum for each month following the due date of the tax. Each such tax or additional tax shall be a lien upon and binding upon the real and personal property of the corporation liable to pay the same from the time when it is payable until the same is paid in full. amended ch. C28, amended. added by of L. 1917. ch. 726, 89. Section two hundred and nineteen-j of such chapter, as § 219. as added by chapter seven hundred and twenty-six of the laws nineteen hundred and seventeen, and as amended by chapter one and hundred and thirty-eight of the laws of nineteen hundred and amended nineteen, is hereby amended to read as follows: Previously amended by L. 1918, ch. 271. • Previously amended by L. 1918, ch. 271, and by L. 1920, ch. 113, ante. by L. 1919 ch. 138, amended. § 258a added to L. 1909, ch. 62. 219-j. Exemption from certain other taxation. After this article takes effect, corporations taxable thereunder shall not be assessed on any personal property, or on capital stock as provided for in section twelve of this chapter. 8 10. This act shall take effect immediately. Chap. 641. AN ACT to amend the tax law, in relation to payment of mortgage taxes on land contracts which are not acknowledged so as to entitle such instruments to be recorded. Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Chapter sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," is hereby amended by inserting therein a new section, to be section two hundred and fiftyeight-a, to read as follows. 258-a. Payment of tax on contract which is not acknowledged, for record. An executory contract, heretofore or hereafter made, for the sale of real property, though not proved or acknowledged so that such instrument may be recorded, may nevertheless be presented to the recording officer of the county in which the real property or any part thereof is situated, accompanied with the payment to such officer of the amount of the tax which would be payable under this article on the recording of such instrument if the same were entitled to be recorded. Such officer shall receive such amount, and it shall be deemed moneys received on account of taxes under this article. It shall be the duty of the recording officer to indorse upon the contract a receipt for the amount of the tax so paid. If such amount be paid as herein provided, such contract shall not be excluded from admission in evidence in any action or proceeding, nor shall judgment or final order in an action or proceeding to foreclose or enforce the contract be withheld, upon the ground that the taxes imposed thereon by this article have not been paid. The receipt so indorsed on the contract shall be conclusive proof of payment of the tax authorized by this section to be paid. § 2. This act shall take effect immediately. Chap. 642. AN ACT to provide for the adjustment of certain unpaid taxes claimed to be due on account of mortgages heretofore recorded. Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: adjust d t taxes on certain mortgages. Section 1. If a mortgage upon real property, or an instrument Attorneyin the nature of a mortgage upon real property, wherein the maxi- general to mum amount secured or which by any contingency might be secured by such mortgage was not expressed therein, shall have been heretofore recorded without the payment of a tax under article eleven of the tax law, and if at the time of such recording such real property was subject to a prior mortgage for a fixed amount, which had been theretofore recorded and the tax paid thereon under such article of the tax law, and if such mortgage or instrument in the nature of a mortgage shall have been heretofore discharged of record and before the discharge of record of such prior mortgage or the payment thereof or of any part of the principal obligation secured thereby, the attorney-general upon verified petition stating the facts and upon being satisfied of the truth thereof, may, notwithstanding the provisions of article eleven of the tax law, compromise and adjust the tax due on such mortgage or instrument in the nature of a mortgage at such amount as he shall deem just and equitable, not less, however, than the tax, under article eleven of the tax law, would be if the amount secured by such mortgage or instrument in the nature of a mortgage at the time of record had been the same in terms as the fair value of the real property in excess of the amount secured by the prior mortgage thereon. The attorney-general shall issue his certificate of such determination, and upon the filing of such certificate in the Filing of office of the proper recording officer and the payment of the tax as of attorney fixed thereby, the real property formerly subject to such mortgage payment or instrument in the nature of a mortgage shall be discharged from any lien, cloud or incumbrance on account of the nonpayment of a tax under article eleven of the tax law at the time of the recording of such mortgage or instrument in the nature of a mortgage. 2. This act shall take effect immediately. certificate general an of tax. L. 1909, ch. 62, amended by Chap. 643. AN ACT to amend the tax law, in relation to procedure in the trial of certiorari proceedings. Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred and ninety-three of chapter $293, as sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the consolidated laws," as last amended by chapter three hundred and twenty-three of the laws of nineteen hundred and sixteen,1 is hereby amended to read as follows: L. 1916, ch. 323, amended. § 293. Proceedings upon return. If it shall appear upon the return to any such writ that the assessment complained of is illegal or erroneous or unequal for any of the reasons alleged in the petition, the court may order such assessment, if illegal, to be stricken from the roll, or if erroneous or unequal, it may order a reassessment of the property of the petitioner, or the correction of the assessment upon the roll, in whole or in part, in such manner as shall be in accordance with law, or as shall make it conform to the valuations and assessments of other property upon the same roll and secure equality of assessment. If upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or may appoint a referee to take such evidence as it may direct, and report the same to the court, with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. Upon the hearing the parties to the proceeding may mutually agree on parcels of real estate to be valued and the number of witnesses to be sworn. But in case the parties fail to agree on a selection of parcels to be valued and the number of witnesses to be sworn, then upon application of either party the court or referee shall determine the number of witnesses to be sworn, select the parcels that shall be valued without reference to their assessed values, and both 1 Previously amended by L. 1909, ch. 330; L. 1911, ch. 302. parties shall be limited in their proof on the trial to such witnesses and the parcels so selected, except that evidence as to actual sales of real property within the tax district that occurred during the year in which the assessment under review was made may be given by either party. Before any testimony is given by either party as to the value of the parcels so selected, each party shall simultaneously file with the court or referee, on a date fixed by the court or referee, a written statement or tabulation of the appraised values placed upon the parcels selected by the witnesses of the respective parties, and each party shall serve on the other at the same time a copy of such statement or tabulation of values fixed by his witnesses. § 2. This act shall take effect immediately. Chap. 644. AN ACT to repeal section two hundred and twenty-one-b of the tax law, relating to additional tax on investment in certain cases. Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 62, 2216, as added by ch. 700, of repeal. Section 1. Section two hundred and twenty-one-b of chapter L. 1909, sixty-two of the laws of nineteen hundred and nine, entitled "An act in relation to taxation, constituting chapter sixty of the con- L. 1917, solidated laws," as added by chapter seven hundred of the laws of repealed. nineteen hundred and seventeen, is hereby repealed. Such repeal Application shall apply to the estate of every decedent who died subsequent to July thirty-first, nineteen hundred and nineteen, such date being the date fixed by section three of chapter six hundred and twentyseven of the laws of nineteen hundred and nineteen, as the date subsequent to which intangible personal property shall no longer be subject to local taxation. § 2. If, pursuant to section two hundred and twenty-one-b of Refunds. the tax law, a transfer shall have been fixed on account of a transfer of property constituting a part of the estate of a decedent who shall have died subsequent to July thirty-first, nineteen hundred |