Authority of dep

uty.

Collector respon

district assigned to such deputy; and each such deputy shall have the like authority, in every respect, to collect the direct tax so assessed within the portion of the district assigned to him which is by this act vested in the collector himself; but each collector shall, in every respect, be responsible both to the United States and to sible for moneys individuals, as the case may be, for all moneys collected, and for collected by self and every act done as deputy collector by any of his deputies whilst acting as such: Provided, That nothing herein contained shall prevent any collector from collecting himself the whole or any part of the tax so assessed and payable in his district.

deputies.

due and payable,

to demand at dwellings taxes not

to distrain, if not paid within,

case of distraint.

SEC. 35. And be it further enacted, That each of the said col- Collector to ad lectors shall, within ten days after receiving his collection list from vertise that tax is the assessors, respectively, as aforesaid, and annually, within ten &c, days after he shall be so required by the Secretary of the Treasury, advertise in one newspaper printed in his collection district, if any there be, and by notifications, to be posted up in at least four public places in his collection district, that the said tax has become due and payable, and state the times and places at whịch he or they will attend to receive the same, which shall be within twenty days after such notification; and with respect to persons who shall not attend, according to such notifications, it shall be the duty of each collector, in person or by deputy, to apply once at their respective dwellings within such district, and there demand the taxes payable by such persons, which application shall paid. be made within sixty days after the receipt of the collection list, as aforesaid, or after the receipt of the requisition of the Secretary, of the Treasury, as aforesaid, by the collectors; and if the said taxes shall not be then paid, or within twenty days thereafter, it shall be lawful for such collector, or his deputies, to proceed to collect the said taxes by distraint and sale of the goods, chattels, or effects of the persons delinquent as aforesaid. And in case of &c. such distraint, it shall be the duty of the officer charged with the Duty of officer in collection to make, or cause to be made, an account of goods or chattels which may be distrained, a copy of which, signed by the officer making such distraint, shall be left with the owner or possessor of such goods, chattels, or effects, or at his or her dwelling, with some person of suitable age and discretion, with a note of the sum demanded, and the time and place of sale; and the said officer shall forthwith cause a notification to be publicly posted up at two of the taverns nearest to the residence of the person whose property shall be distrained, or at the court-house of the same county, if not more than ten miles distant, which notice shall specify the articles distrained, and the time and place for the sale thereof, which time shall not be less than ten days from the date of such notification, and the place proposed for sale not more than five miles distant from the place of making such distraint: Provided, That in any case of distraint for the payment of the tax aforesaid, the goods, chattels, or effects so distrained shall and may be restored to the owner or possessor if, prior to the sale thereof, payment or tender thereof shall be made to the proper officer charged with the collection, of the full amount demanded, together with such fee for levying, and such sum for the necessary and reasonable expense of removing and keeping the goods, chattels, or effects so distrained, as may be allowed in like cases by the laws or practice of the State wherein the distraint shall have

Property may be restored after dis

traint, on payment

&c., f tax, &c.

property to be sold.

If tax not paid, been made; but in case of non-payment or tender, as aforesaid, the said officers shall proceed to sell the said goods, chattels, or effects, at public auction, and shall and may retain from the proceeds of such sale the amount demandable for the use of the United States, with the necessary and reasonable expenses of distraint and sale, and a commission of five per centum thereon for his own use, rendering the overplus, if any there be, to the person whose goods, chattels, or effects shall have been distrained: Provided, Exemptions from That it shall not be lawful to make distraint of the tools or implements of a trade or profession, beasts of the plough necessary for the cultivation of improved lands, arms, or household furniture, or apparel necessary for a family.

listraint.

When personal property cannot be

costs, the real estate to be sold.

sale.

་

SEC. 36. And be it further enacted, That whenever goods, found sufficient to chattels, or effects sufficient to satisfy any tax upon buildings, satisfy tax and dwelling-houses, or lands and their improvements, owned, occupied, or superintended by persons known or residing within the same collection district, cannot be found, the collector having first advertised the same for thirty days, in a newspaper printed within the collection district, if such there be, and having posted up, in at least ten public places within the same, a notification of the intended sale, thirty days previous thereto, shall proceed to sell at public sale so much of the said property as may be necessary to satisfy the taxes due thereon, together with an addition of twenty Provisions as to per centum to the said taxes. But in all cases where the property liable to a direct tax under this act may not be divisible, so as to enable the collector by a sale of part thereof to raise the whole amount of the tax, with all costs, charges, and commissions, the whole of such property shall be sold, and the surplus of the proceeds of the sale, after satisfying the tax, costs, charges, and commissions, shall be paid to the owner of the property, or his legal representatives, or if he or they cannot be found, or refuse to receive the same, then such surplus shall be deposited in the treasury of the United States, to be there held for the use of the owner or his legal representatives, until he or they shall make application therefor to the Secretary of the Treasury, who, upon such application, shall, by warrant on the treasury, cause the If real estate will same to be paid to the applicant. And if the property advertised not sell for enough for sale as aforesaid cannot be sold for the amount of the tax due to pay tax, the United States to thereon, with the said additional twenty per centum thereto, the collector shall purchase the same in behalf of the United States for the amount aforesaid: Provided, that the owner or superinProviso empowering owners to tendent of the property aforesaid, after the same shall have been, redeem prior to sale on payment as aforesaid, advertised for sale, and before it shall have been acof taxes, with ad- tually sold, shall be allowed to pay the amount of the tax thereon with an addition of ten per centum on the same, on the paymen of which the sale of the property shall not take place: Provided, Right of redemp also, That the owners, their heirs, executors, or administrators, or any person on their behalf, shall have liberty to redeem the lands and other property sold, as aforesaid, within two years from the time of sale, upon payment to the collector for the use of the purchaser, his heirs or assigns, of the amount paid by said purchaser, with interest for the same, at the rate of twenty per centum Deed not to be per annum; and no deed shall be given in pursuance of such sale given until time for until the time of redemption shall have expired. And the collector shall render a distinct account of the charges incurred in

take it.

dition of ten per

cent.

tion.

redemption has ex

pired.

.

and pay surplus

deed.

Cost thereof.

offering and advertising for sale such property, and shall pay into Collector to renthe treasury the surplus, if any there be, of the aforesaid addition der account of sale of twenty per centum, or ten per centum, as the case may be, into treasury. after defraying the charges. And in every case of the sale of real estate which shall be made under the authority of this act by Form, &c., of the collectors, respectively, or their lawful deputies, respectively, the deeds for the estate so sold shall be prepared, made, executed, and proved or acknowledged at the time and times prescribed in this act by the collectors, respectively, within whose collection district such real estate shall be situated, in such form of law as shall be authorized and required by the laws of the United States, or by the law of the State in which such real estate lies, for making, executing, proving, and acknowledging deeds of bargain and sale or other conveyances for the transfer and conveyance of real estate; and for every deed so prepared, made, executed, proved, and acknowledged, the purchaser or grantee shall pay to the collector the sum of two dollars, for the use of the collector or other person effecting the sale of the real estate thereby conveyed. SEC. 37. And be it further enacted, That with respect to prop- Method for colerty lying within any collection district not owned or occupied or lection of tax on superintended by some person residing in such collection district, residents. and on which the tax shall not have been paid to the collector within ninety days after the day on which he shall have received the collection lists from the said assessors, respectively, as aforesaid, or the requisition of the Secretary of the Treasury, as aforesaid, the collector shall transmit lists of the same to one of the collectors within the same State, to be designated for that purpose by the Secretary of the Treasury; and the collector, who shall have been thus designated by the Secretary of the Treasury, shall transmit receipts for all the lists received, as aforesaid, to the collector transmitting the same; and the collectors, thus designated in each State by the Secretary of the Treasury, shall cause notifications of the taxes due as aforesaid, and contained in the lists thus transmitted to them, to be published for sixty days in at least one of the newspapers published in the State; and the owners of the property, on which such taxes may be due, shall be permitted to pay to such collector the said tax, with an addition of ten per centum thereon; Provided, that such payment is made within one year after the day on which the collector of the district where such property lies had notified that the tax had become due on the

same.

property of non

remained unpaid

one year.

Provision as to

SEC. 38. And be it further enacted, That when any tax, as Property may be aforesaid, shall have remained unpaid for the term of one year, as sold when tax has aforesaid, the collector in the State where the property lies, and who shall have been designated by the Secretary of the Treasury, as aforesaid, having first advertised the same for sixty days in at least one newspaper in the State, shall proceed to sell, at public sale, &c. sale, so much of the said property as may be necessary to satisfy the taxes due thereon, together with an addition of twenty per centum thereon; or if such property is not divisible, as aforesaid, the whole thereof shall be sold, and accounted for in the manner herein before provided. If the property advertised for sale cannot be sold for the amount of the tax due thereon, with the said addition thereon, the collector shall purchase the same in behalf of the United States for such amount and addition. And the collector

Collectors to deposit with clerk of erty sold.

tion.

Proceedings.

shall render a distinct account of the charges incurred in offering and advertising for sale such property, and pay into the treasury the surplus, if any, of the aforesaid addition of ten or twenty per centum, as the case may be, after defraying the said charges.

SEC. 39. And be it further enacted, That the collectors, desigcourt lists of prop. nated as aforesaid by the Secretary of the Treasury, shall deposit with the clerks of the district court of the United States in the respective States, and within which district the property lies, correct lists of the tracts of land or other real property sold by virtue of this act for non-payment of taxes, together with the names of owners or presumed owners, and of the purchasers of the same at the public sales aforesaid, and of the amount paid by said purchasers for the same; the owners, their heirs, executors, or adminRight of redemp-istrators, or any person in their behalf, shall have liberty to redeem the lands or other property sold, as aforesaid, within two years from the time of sale, upon payment to the clerk aforesaid, for the use of the purchaser, his heirs, or assigns, of the amount paid by such purchaser for the said land, or other real property, with interest for the same at the rate of twenty per centum per annum, and of a commission of five per centum on such payment for the use of the clerk aforesaid. The clerks shall, on application, pay to the purchasers the moneys thus paid for their use; and the collectors, respectively, shall give deeds for the lands or property aforesaid to the purchasers entitled to the same, in all cases where the same shall not have been redeemed within two years, as aforesaid, by the original owners thereof, or their legal representatives, or any person in their behalf, and deposit such deeds with such clerk. And the said clerk shall be entitled to receive from the purchaser, for his own use, the sum of one dollar, in addition to the sum hereinbefore made payable to the collector, for every such deed, to be paid on the delivery thereof to such purchasers. And in all In regard to prop cases where lands may be sold under this act for the payment of taxes, belonging to infants, persons of insane mind, married women, or persons beyond sea, such persons shall have the term of two sea, sold for taxes. years after their respective disabilities shall have been removed, or their return to the United States, to redeem lands thus sold, on their paying into the clerk's office aforesaid the amount paid by the purchaser, with fifty per centum addition thereto, together with ten per centum interest per annum on the aggregate sum, and on their payment to the purchaser of the land aforesaid a compensation for all improvements he may have made on the premises subsequent to his purchase, the value of which improvements to be ascertained by three or more neighboring freeholders, to be appointed by the clerk aforesaid, who, on an actual view of the premises, shall assess the value of such improvements, on their oaths, and make return of such valuation to the clerk immediately And the clerk of the court shall receive such compensation for his services herein, to be paid by and received from the parties, like costs of suit, as the judge of the district court shall in that respect tax and allow.

Clerk's fees.

erty of infants,

insane, married

women, and persons beyond the

Redemption, how made.

Improvements

Pay of clerk.

Collector to transmit monthly

SEC. 40. And be it further enacted, That the several collectors to Secretary of the shall, at the expiration of every month after they shall, respecTreasury statement tively, commence their collections in the next and every ensuing over quarterly, &c. year, transmit to the Secretary of the Treasury a statement of the collections made by them, respectively, within the month, and pay

of collections, pay

yearly.

over quarterly, or sooner, if required by the Secretary of the Treasury, the moneys by them respectively collected within the said term; and each of the said collectors shall complete the collection of all sums: annually assigned to him for collection, as aforesaid, shall pay over the same into the treasury, and shall render his Final accounts final account to the Treasury Department, within six months from to be rendered half and after the day when he shall have received the collection lists from the said board of assessors or the said requisition of the Secretary of the Treasury, as aforesaid: Provided, however, That the period of one year and three months from the said annual day fifteen months for shall be annually allowed to the collector designated in each State, mitted to him by as aforesaid, by the Secretary of the Treasury, with respect to the the collector. taxes contained in the list transmitted to him by the other collectors, as aforesaid.

Proviso granting

taxes on lists trans

with amount of

ited with taxes of

SEC. 41. And be it further enacted, That each collector shall To be charged be charged with the whole amount of taxes by him receipted, taxes receipted for whether contained in the lists delivered to him by the principal by him, and credassessors, respectively, or transmitted to him by other collectors; absconding or inand shall be allowed credit for the amount of taxes contained in solvent persons. the lists transmitted in the manner above provided to other collectors, and by them receipted as aforesaid; and also for the taxes of such persons as may have absconded, or become insolvent, subsequent to the date of the assessment, and prior to the day when the tax ought, according to the provisions of this act, to have been collected: Provided, That it shall be proved to the satisfaction of the First Comptroller of the Treasury that due diligence was used by the collector, and that no property was left from which the tax could have been recovered; and each collector, designated in each State, as aforesaid, by the Secretary of the Treasury shall receive credit for the taxes due for all tracts of land which, after being offered by him for sale in manner aforesaid, shall or may have been purchased by him in behalf of the United States. :

Secretary of the Treasury to receive

credit for taxes on

land puchased for

the United States.

Personal proper

SEC. 42. And be it further enacted, That if any collector shall Proceedings to fail either to collect or to render his account, or to pay over in be taken against delinquent collecthe manner or within the times herein before provided, it shall be tors. the duty of the First Comptroller of the Treasury, and he is hereby authorized and required, immediately after such delinquency, to report the same to the Solicitor of the Treasury, who shall issue a warrant of distress against such delinquent collector and his sureties, directed to the marshal of the district, therein expressing the amount of the taxes with which the said collector is chargeable, and the sums, if any, which have been paid. And the said marshal shall, himself, or by his deputy, immediately proceed to levy and collect the sum which may remain due, by distress and sale of the goods and chattels, or any personal effects of the delinquent collector; and for want of goods, chattels, or effects aforesaid, sufficient to satisfy the said warrant, the same may be levied on the person of the collector, who may be committed to prison, there to remain until discharged in due course of law; and furthermore, notwithstanding the commitment of the Sale of personal collector to prison, as aforesaid, or if he abscond, and goods, effects of collector chattels, and effects cannot be found sufficient to satisfy the said warrant, the said marshal or his deputy shall and may proceed to levy and collect the sum which remains due, by

:

ty to be seized and

Arrest.

and sureties.