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retary of State of such sum in lieu of taxes and penalties as to them may seem reasonable, but in no case to be less than the fees required as upon the filing of the original certificate of incorporation, permit such corporation to be reinstated and entitled to all its franchises and privileges, and upon such payment as aforesaid the Secretary of State shall issue his certificate entitling such corporation to continue its said kusiness and its said franchises; provided, however, that Proviso. the provisions of this section shall in nowise apply to any gas, electric light, telephone, telegraph, water, pipe-line, railroad, street railway company, or other corporation having the right to use the public streets or to take and condemn lands in this State; and provided further, that nothing in Proviso. this section contained shall relieve any such corporation from the penalty of forfeiture of its franchises in case of failure to pay future taxes imposed under the act to which this is a supplement or under any law of this State (a). (P. L. 1905, p. 511.)
An Act to validate and confirm reinstatements of charters
of corporations heretofore made.
(P. L. 1918, p. 244.) 246. Sec. 1. All reinstatements of charters of corpora- Reinstatetions by the Governor heretofore made, after the same have validated. been forfeited for non-payment of taxes, are hereby validated and confirmed. (P. L. 1918, p. 244.).
(a) For prior legislation see also P. L. 1898, p. 182, and P. L. 1904, p. 382.
247. Sec. 1.
Proviso; period for taking appeal
An Amendment to an act entitled “A further supplement to
an act entitled 'An act to provide for the imposition of State taxes upon certain corporations, and for the collection thereof,' approved April eighteenth, one thousand eight hundred and eighty-four,” which said further supplement was approved April eighth, one thousand eight hundred and ninety-seven.*
(P. L. 1916, p. 25.) 247. Sec. 1. The officers of any corporation who shall consider the tax levied under the provisions of an act a further supplement to which this act is an amendment, excessive or otherwise unjust, may make application to the State Board of Taxes and Assessment for a review of the assessment and
a readjustment of the tax; provided, there be filed with peal. the said board within four months from the date of assess
ment a petition of appeal, duly verified according to law, stating specifically the grounds upon which the appeal is taken and the reasons why the tax is considered excessive or unjust; the State Board of Taxes and Assessment shall
thereupon proceed to investigate the contentions raised by Witnesses. the said petition of appeal; and for the purpose of such
hearing, the officers of said corporation may be summoned to appear before said board, either in person or by attorney, and questioned as to the statements set forth in the said petition of appeal; if, in the opinion of a majority of the board, it shall appear that the tax so levied as aforesaid is excessive or unjust, they shall thereupon require the officers of the corporation to file with the board a corrected return, and upon said corrected return the assessment shall be adjusted and the tax reduced or amended as in the opinion of the board shall seem proper. (P. L. 1916, p. 25.)
Assessment made on corrected returns.
Certiorari to review assessment.—The method of review prescribed by this act is not exclusive; and the act does not prevent the court from exercising its supervisory power over special tribunals by certiorari. People's Investment Co. v. Assessors, 66 N. J. L. 175.
* For the supplement of 1897, to which this act is an amend. ment, see P. L. 1897, p. 178.
Failure for three or more years to apply for the vacation of an assessment is such laches as will bar a right to relief on certiorari. Union Waxed and Parchment Paper Co. v. Assessors, 73 N. J. L. 374.
See Trenton Heat and Power Co. v. Assessors, 73 N. J. L. 370; Arimex Consol. Copper Co. v. Assessors, 69 N. J, L. 121; Yellow Pine Co. v. Assessors, 72 N. J. L. 182.
248. Sec. 2. If the petition of appeal shall not be filed Appeal not within four months from the date of assessment as aforesaid, waiver. the right to appeal to the State board shall be considered and treated as having been waived and the amount of tax levied shall be payable and collected as other taxes levied by said board; provided, however, that if after the expiration of said Proviso. four months' period from the date of assessment as aforesaid a writ of certiorari shall be sued out on behalf of any corporation within the time required by law for a review of such tax or assessment, the Attorney-General, on being sat- cemosemit net my isfied as to the truth of the facts set forth in the application A for such writ, is hereby authorized, without the taking of any testimony or proof other than set forth in such application, to consent to a rule reducing such tax or assessment to the amount due on the actual issue of the capital stock of such corporation. (P. L. 1916, p. 26.)
A Supplement to an act entitled "An act for the imposition
of State taxes upon certain corporations and for the collection thereof,” approved April eighteenth, one thousand eight hundred and eighty-four.
(P. L. 1888, p. 118.) 249. Sec. 1. That when any corporation upon which taxes When corpohave been or shall be levied under the provisions of the act to liable to taxwhich this is a supplement shall afterwards be found by the be refunded. State Board of Assessors to be not liable under the said act for such tax, it shall be the duty of the said board to report and certify to the Comptroller of the Treasury the fact that such corporation has been found to be exempt from the tax imposed by the said act, and to cancel and declare null and void any taxes which may have been or shall be imposed
ation, tax to
upon such exempted corporation, and if any corporation has paid or shall pay the tax so improperly levied the Comptroller of the Treasury shall be and is hereby authorized upon receipt of such certificate to draw his warrant upon the State Treasurer in favor of the proper officer of such corporation for any and all of such taxes which have been or shall be paid into the State Treasury. (P. L. 1888, p. 118.)
Stay of proceedings.—When the Legislature has enabled the court to compel the restoration of State taxes in case they should be adjudged illegal after they are paid into the State treasury, the court should not ordinarily stay proceedings to collect the taxes pending the question of their legality. Machine Co. v. Assessors, 54 N. J. L. 90.
Investigation at instance of creditors.-A return made by the secretary of a corporation to the State Board of Assessors just before the appointment of a receiver may justify further investigation at the instance of the creditors of the corporation on application to the board of commissioners, as authorized by this act. Kirkpatrick v. Assessors, 57 N. J. L. 53.
EXPRESS, PULLMAN AND LIFE INSURANCE COMPANIES. NOTE.—The following act (P. L. 1892, P. 136) is a supplement to the original corporation tax act of 1884. Later enactments, however, have withdrawn from the operation of the provisions of this supplement many of the corporations enumerated therein, such as public utilities using or occupying the public streets (see pars. 207 to 224) and miscellaneous corporations in general (pars. 232 et seq.). This leaves express, pullman and life insurance companies of this state as the only corporations now taxed under this act. (For local taxes on life insurance companies of this state see par. 10, sec. 306, ante.) Life insurance companies of other states, doing business in New Jersey, are taxed by the Commissioner of Banking and Insurance under the retaliatory provisions of the New Jersey insurance law. Insurance companies other than life are taxed locally under sec. 307 of chapter 236, laws of 1918 (par. 11, ante), and are not assessable for franchise taxes. In this connection see also P. L. 1916, chapter 224, amending section 65 of the insurance act of 1902, for taxes levied by the Commissioner of Banking and Insurance upon foreign insurance companies other than life.
A Further Supplement to an act entitled “An act to pro
vide for the imposition of State taxes upon certain corporations and for the collection thereof," approved April eighteenth, one thousand eight hundred and eighty-four.
tax to State as license.
250. Sec. 1. BE IT ENACTED by the Senate and General Section to be Assembly of the State of New Jersey, That the first section of said act be amended so as to read as follows:
1. BE IT ENACTED by the Senate and General Assembly of Certain corthe State of New Jersey, That every telegraph, telephone, pay annual cable or electric light company, every express company, not as license. owned by a railroad company and otherwise taxed, every gas company, palace or parlor or sleeping car company, every oil or pipe line company, every life insurance company incorporated under the laws of this State, and every fire, marine, live stock, casualty or accident insurance company, doing business in this State, except mutual fire insurance companies which do not issue policies on the stock plan, shall pay an annual tax, for the use of the State, by way of a license for its corporate franchise, as hereinafter mentioned; provided, however, that no company or society Proviso. shall be construed to be a life insurance company doing business in this State within the purview of this act, which by its act or certificate of incorporation shall have for its cbject the assistance of sick, needy or disabled members, the defraying funeral expenses of deceased members and to provide for the wants of the widows and families of members after death. (P. L. 1892, p. 136.)
251. Sec. 2. And be it enacted, That the second section of Section to be
amended. said act be amended so as to read as follows:
2. And be it enacted, That on or before the first Tuesday Officers of of May next, and annually thereafter, it shall be the duty to make an. of the president, treasurer or other proper officer of every State Board
of Assessors. corporation of the character specified in the preceding section, to make report to the State Board of Assessors, appointed and to be appointed under the act entitled "An act
corporations to make an. nual report to