Page:Federal Reporter, 1st Series, Volume 3.djvu/277

 270 rUDEBAL EBPOBTER. �mixed property belonging to the company within the state, not enumerated above, with its value." �Said act further provides for the appointment by the gov- ernoï of three commis eioners, to be styled "railroad assess- ors for the state at large." To these commissioners the comptroller is required to deliver the "schedules aforesaid." When this is done the commissioners are "to proceed to ascertain, test, and value the property belonging to said Com- pany," upon the basis prescribed in said act, and value said property and certify their estimates to the comptroller ; and "when such valuation is approved by the governor, seeretary of state, and treasurer, the comptroller is directed to "ascer- tain the amount of taxes due the state, and notify the Com- pany thereof, and if not paid he may issue his distress war- rant to any sheriff in the state, to be levied upon any personal or real property or franchises of the company, with power to sell the same and make a deed to the purchaser;" and "the governor is authorized to issue his warrant to any sheriff, along the line of said railroad, to put such purchaser into the possession of such road and ail its property." �Said act further directs the comptroller to certify to the county court clerk of each county through which a railroad runs the amount to be taxed by said county for county pur- poses, and likewise to the mayors of incorporated towns through which the road passes the amount to be taxed by such towns ; and the clerk is required to enter the same upon the collector's books, specifying the amount of taxes to be coUected, etc. �The legislature, by the eleventh section of said act, pro- vided further: "That every railroad company which will accept as a special amendment to its charter, for a period of ten years from the first day of January, 1875, and that will pay annually to the state IJ per cent, on its gross receipts from ail sources, shall be exempt from the provisions of the foregoing sections, (there recited above,) and the payment of said 1|- per cent, upon ail gross earnings of said road shall be in full (for the period mentioned, ten years) of ail taxa- tion." ����