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Second. All animals kept throughout the year in some township, town or city, other than where the owner resides, shall be assessed to such owner, or to the person in possession in the township, town or city where kept.
Third. All shares in banks shall be assessed to their owners in the city or town where the bank is located.
Fourth. Personal property of non-residents of the State shall be assessed to the owner or to the person having control thereof in the township, town or city where the same may be, except that where such property is in transit to some place within the state it shall be assessed in such place.
Fifth. The personal property of minors under guardian shall be assessed to the guardian in the township, town or city where the guardian resides, but shall not be assessed or taxed for city or town purposes unless the ward resides in such city or town, and the personal property of every other person under guardianship shall be assessed to the guardian in the township, town or city where the ward resides.
Sixth. The personal property of the estates of deceased persons in the hands of executors, administrators or other persons shall be assessed to the persons in charge of such property in the township, town or city where the deceased last dwelt, until such property has been distributed to the heirs or other persons entitled thereto. If such decedent was a non-resident of the state, such property shall be assessed in the township, town or city where situated.
Seventh. Personal property under the control of a trustee or agent, whether a corporation or natural person, may be assessed to such trustee or agent except as otherwise by law provided in the township, town or city in which such trustee or agent resides.
Eighth. All personal property of any person situate upon, also all buildings situate and being upon the land of the United States, or of this state, or upon the lands of any county, township, town or city, shall be deemed personal property for purposes of taxation and assessment, and shall be assessed as personal property to the owner or occupant thereof in the township, town or city to which said lands belong or of which they form a part, and such buildings shall be subject to sale for taxes in the same manner as herein provided for personal property: Provided, however, It shall not be necessary to remove such buildings for the purpose of sale.
Ninth. Personal property of non-residents of the state in the possession or under the control of any person or corporation as trustee, receiver, executor, administrator or guardian shall be assessed for state and county purposes only and in the county where the court is situated by which such trustee, receiver, executor, administrator or guardian was appointed or to which such trustee, receiver, executor, administrator or guardian reports.
Tenth. Personal property in the possession of any person or corporation as trustee, receiver, executor, administrator or guardian shall be
assessed for state and county purposes in the county where the court is situated by which said trustee, receiver, executor, administrator or guardian was appointed, or to which such trustee, receiver, executor, administrator or guardian reports.
This section amends section 8421, Burns' R. S. 1901. See notes to such section. Notes, mortgages and other evidences of indebtedness must be assessed in the township in which the owner of the same resides. Stephens v. Smith, 30 App. 120.
The assets of a building and loan association which is insolvent and in the hands of a receiver is properly assessed for taxation in the township where the receiver resides and has such assets. Board v. Marion Trust Co. 30 App. 137.
8430. Persons removing, doubts.-20. The personal property of persons removing from one county, township, town or city to another, between the first day of March and the fifteenth day of May, in any year, shall be listed and assessed in either place in which the owner is first called upon by the assessor. The owner of personal property moving into this state from another state, between the first day of March and the fifteenth day of May, in any year, shall be listed for his poll and the property owned by him on the first day of March of such year, in the county, township, town or city into which he has so removed: Provided, That if such person has been assessed and shall make it appear to the assessor by the certificate of the proper authority in the place of his former residence, that he is held for tax for the current year in such former place of residence, he shall not again be assessed for such year. In case of doubt as to the proper place to assess personal property, if the doubt arises as to different townships in the county the auditor shall determine the place; and if the doubt arises as to different counties, the auditor of state shall determine; such determination shall be summary and final.
This section amends section 8430, Burns' R. S. 1901. See notes to such section. If a person removes from one county to another before April 1st, and his personalty is assessed in such county, such property is not subject to assessment for taxation in the county from which he moved for the same year. Luke v. Sheridan, 26 App. 529.
ARTICLE 5.-DEFINITIONS AND RULES.
8441. Transient persons. 8443. Pawnbrokers.
8444. Books and papers, inspection.
In force April 23, 1903.]
[Acts 1903, p. 49. 8441. Transient persons.-31. Whenever at any time during any year, any transient person shall temporarily locate in any township, city, town or village for the purpose of selling or disposing of goods, wares, and merchandise, and shall offer to sell or otherwise dispose at wholesale or retail of any goods, wares or merchandise, it shall be
the duty of the proper assessor for the time being, of the place where such person shall locate, forthwith to call upon such person and demand of him the true value in money of all his stock in trade, and in case such person shall neglect or refuse to return such value under oath in twentyfour hours after such demand, then it shall be the duty of such assessor to determine the same as in other cases, and in either case he shall forthwith return such valuation to the auditor of the county, who shall cause the same to be entered at once on the current tax duplicate in the hands of the treasurer, and to compute taxes thereon at the rate of assessment for state, county, township and municipal purposes at which current taxes on such duplicates are assessed, in the same manner as omitted property of the first day of March last preceding is entered upon the duplicates and assessed, but without penalties for delinquencies; and shall cause such taxes to be collected immediately: Provided, however, That in case such transient person show by proper treasurer's receipts for taxes that all taxes for the current year have been paid on such stock of goods by him in any other county in Indiana; in such event no assessment shall be made against such stock of goods, wares or merchandise for that year.
This section amends section 8441, Burns' R. S. 1901.
If a resident of a county in this state is assessed for his personal property for taxation, and after April 1st he acquires other personal property which he takes temporarily into another county, such property can not be assessed in such county for the same year that the assessment was made in the county of the residence of the Woodward v. Jacobs, 27 App. 188.
8443. Pawnbrokers.-33. Every person or company engaged in the business of receiving property in pledge or as security for money or other thing advanced to pawner or pledger, shall be held to be a pawnbroker, and shall, at the time required by this act, return under oath the value of all property pledged and held by him as a pawnbroker on hand on the first day of March annually, and taxes shall be charged upon the true cash value of such property to such pawnbroker, the same as other property.
This section amends section 8443, Burns' R. S. 1901.
8444. Books and papers, inspection.
Right of persons who assess property for taxation to inspect private books and papers, and how such right may be enforced. Coöperative Assn. v. State, 156 Ind. 463; Applegate v. State, 158 Ind. 119.
County assessors can only demand the right to examine bank books to ascertain the accounts of depositors when it is shown that some depositor has failed to return money on deposit for taxation that is subject to be taxed. Applegate v. State, 158 Ind. 119.
8446. Public lands.-36. Government lands, canal lands, university and school lands, purchased prior to the first day of March, shall be
taxable for that year and annually thereafter. All school lands heretofore or hereafter sold shall be taxable from and after the sale and delivery of the certificate.
This section amends section 8446, Burns' R. S. 1901. See note to such section.
ARTICLE 6.-LISTING OF PERSONALTY.
8458. Blanks-Statements, valuation. 8459. Interrogatories.
[Acts 1903, p. 49. In force April 23, 1903.]
8458. Blanks Statements, valuation.-48. On the first day of March of each year, or as soon thereafter as practicable, and before the fifteenth day of May, the assessor shall call upon each person required by this act to be assessed, and furnish him or her with the proper blanks for the purpose, and thereupon such person shall make to such assessor a full and correct description of all the personal property, of which such person was the owner on the first day of March of the current year, and such person shall also, at the same time, make separate, full and true statements in like manner, in writing, distinctly setting forth in each a correct description of all the personal property held, possessed or controlled by him as executor, administrator, guardian, trustee, receiver, partner, agent, attorney, president or accounting officer of a corporation, consignee, pawnbroker, or in any representative or fiduciary capacity, and he shall fix what he deems the true cash value thereof to each item of property for the guidance of such assessor, who shall determine and settle the value of each item, after examination of such statement, and also an examination under oath of the party or any other person, if he deems it necessary. In determining and settling such valuation, he shall be governed by what is the true cash value, such being the market or usual selling price at the place where the property shall be at the time of its liability to assessment, and if there is no market value, then the actual value. In making the valuation, annuities and royalties shall be valued at their present cash value. For the purpose of making such statements the person to be assessed shall receive the proper blanks from the assessor.
This section amends section 8458, Burns' R. S. 1901. See notes to such section. It is the duty of the receiver of an insolvent building association to return for taxation all the assets of the association in his hands. Board v. Marion Trust Co. 30 App. 137.
8459. Interrogatories.-49. The person called upon or required by the assessor to list property shall answer in writing under his signature, the following interrogatories under oath, upon the proper blank form thereof to be furnished by the assessor, who shall also administer the oath:
Interrogatory One. Are you or were you on the first day of March of the present year the executor of the last will or the administrator of the estate of any deceased pe: on, or guardian of the estate of any infant or person of unsound mind or the trustee of the property of any person, or the receiver of any corporation, association or firm, or the agent or attorney, or banker, investing, loaning or otherwise controlling the money or other property of any other person residing in this state, or the president or accounting officer of any corporation, or a partner, consignee or pawn-broker? If yes, designate for whom you were then or now are acting in such representative or fiduciary capacity, and if you were or are now acting under the authority of any particular court, name the court and also state to what court you report.
Interrogatory Two. Have you before the first day of March of the present year either personally or through the agency of others caused all or any part of your taxable money or other property to be temporarily converted, either by sale, borrowing, exchange or in any other manner into bonds or other securities of the United States not taxable, or any other property not taxable, with the intention to pay back, return or exchange, or sell back such property after you have made out your tax statement, for the purpose of evading the payment of taxes on such property; or did you on or after the first day of March of the present year, and before you saw this interrogatory, pay back, return of re-exchange, or sell back such property for the purpose aforesaid?
Interrogatory Three. If you have converted any of your money or property, or money or property of any other person, as inquired of you, then state when the same was so converted or invested and the kind and amount or value thereof.
This section amends section 8459, Burns' R. S. 1901. See notes to such section.
8462. Evasion-Assessor's duty.-52. Whenever, from the answer to the second interrogatory on the schedule, and from the evidence before him, the assessor is satisfied that the person required to list his property has, since the first day of March of the preceding year, temporarily converted any part of his property into property not taxable for the purpose of preventing such property from being listed and of evading the payment of taxes thereon, such assessor shall cause such property to be assessed at its true cash value.
This section amends section 8462, Burns' R. S. 1901. See notes to such section.
8463. Blanks, form of schedule.-53. Before the first day of March of each year the county auditor shall have in readiness for delivery to the assessor the proper assessment books and necessary blanks for the assessment of all property, real and personal. The schedule, with affidavits thereto attached to be signed by the party, shall be in the following form, the names and places being changed to suit each person: The words "value," "cash value," "true value," or "valuation," when