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Defaulted taxes.

Part of section 10 repealed.

Distribution of taxes to counties and taxing districts.

the amount of tax payable by each company, as shown by the said statements, shall be due and payable into the State Treasury on any day between the fifteenth day of April and the first day of December following; and the payment or collection thereof shall not be stayed by any writ or order of any court of law or equity; it shall be the duty of the State Treasurer to receive payment of the said taxes from the said companies; if the taxes of any company, or any portion thereof, remain unpaid on the first day of December following the levying thereof, such company shall be considered in default, and such taxes, or such unpaid portion thereof, shall thenceforth bear interest at the rate of one per centum for each month until paid, notwithstanding the prosecution of any writ of certiorari or other remedy. So much of section ten of the act to which this act is a supplement as is inconsistent with the provisions of this section is hereby repealed (h). (P. L. 1918, p. 1081.)

203. Sec. 9. The warrants of the Comptroller in favor of the several county collectors for the amount of tax upon property separately assessed in the different taxing districts, as provided in section eleven of the act to which this act is a supplement, shall be transmitted to the several county collectors on or before the tenth day of December, and the county collector shall forthwith and not later than the fifteenth day of December, pay to the collector or other proper officer of each taxing district the amount allotted thereto, as provided in said section eleven of the act to which this act is a supplement (i). (P. I.. 1918, p. 1081.)

204. Sec. 10. The assessment and collection of taxes upon the property of railroads and canals for the year nineteen hundred and eighteen, and all proceedings and remedies relating thereto, shall be taken, completed and availed of as now provided by law. The assessment and collection of such taxes for the year nineteen hundred and nineteen, and all proceedings and remedies relating thereto, shall be conducted, compieted and availed of within the calendar year of nineteen hundred and nineteen, at the times specified in this act, the

Taxes for 1918 assessed under existing laws.

(h) See par. 174, ante.
(i) See par. 175 and par. 175a, ante.

ments under

same as if the assessment of such taxes had been made by November first, previous; and for the purpose of enabling such assessment and collection of taxes for the year nineteen hundred and nineteen, and all proceedings and remedies relating thereto, to be conducted, completed and availed of within said calendar year of nineteen hundred and nineteen, the assessment of such taxes shall be made on the fifteenth day of January, nineteen hundred and nineteen, and shall be considered to have been finally reviewed and determined by the State Board of Taxes and Assessment on that date, and shall be based upon the valuation of the property in question in the year nineteen hundred and eighteen; and all Subsequent proceedings, acts and remedies in relation to the said taxes and pay. and to the payment thereof for the year nineteen hundred this act. and nineteen, subsequent to the assessment made on January fifteenth, nineteen hundred and nineteen, as aforesaid, shall be in accordance with the dates fixed for the doing and taking of such acts, proceedings and remedies under this act. It being the intent of this act that the proceedings relating to the taxes upon the property of railroads and canals for the year nineteen hundred and eighteen shall be conducted and completed in accordance with the present existing law; the proceedings relating to taxes upon said property for the year nineteen hundred and nineteen, and to the payment of said taxes, conducted and completed within the calendar year of nineteen hundred and nineteen, as nearly as may be in accordance with the schedule of dates fixed in this act; and the proceedings relating to taxes upon said property for the year nineteen hundred and twenty and subsequent years conducted and completed entirely in accordance with the schedule of dates fixed in this act. (P. L. 1918, p. 1082.)

205. Sec. 11. In the event that the valuations of railroad As to valuaand canal property upon which taxes are assessed on January assessments fifteenth, nineteen hundred and nineteen, as provided in sec- and 1920. tion ten of this act, shall be found by the State Board of Taxes and Assessment, in assessing during the year nineteen hundred and nineteen the railroad and canal property upon which taxes for the year nineteen hundred and twenty will be assessed, to be in fact greater than the valuations so fixed

on January fifteenth, nineteen hundred and nineteen, then the said board shall compute the amount of tax upon the excess of such valuations at the same rate as that paid upon the valuations as fixed on January fifteenth, nineteen hundred and nineteen, and shall add such excess tax to the amount of tax payable upon such railroad and canal property for the year nineteen hundred and twenty, and certify the same to the Comptroller at such times as the taxes for the year nineteen hundred and twenty are certified to him; and if such valuations shall be found to be in fact less than the valuations so fixed on January fifteenth, nineteen hundred and nineteen, then the railroad or canal shall be entitled to a corresponding credit on account of the taxes for the year nineteen hundred and twenty, to be similarly certified to the State Comptroller (j). (P. L. 1918, p. 1083.)

206. Sec. 12. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, and this act shall take effect January first, nineteen hundred and nineteen. (P. L. 1918, p. 1084.)

Repealer
act effective.

(j) See par. 174, ante.

Franchise Tax on Public Utility

Corporations

An Act for the taxation of all the property and franchises of

persons, co-partnerships, associations or corporations using or occupying public streets, highways, roads or other public places, except municipal and corporations taxable under the act entitled "An act for the taxation of railroad and canal property," approved April tenth, one thousand eight hundred and eighty-four, or any of the supplements or amendments thereto.

(P. L. 1900, p. 502.) 207. By the act of 1917 (P. L. 1917, p. 42), the title of this act was amended to read as follows:

An act for the taxation of all the property and franchises of persons, co-partnerships, associations or corporations using or occupying public streets, highways, roads or other public places, except municipal and corporations taxable under the act entitled “An act for the taxation of railroad and canal property,” approved April tenth, one thousand eight hundred and eighty-four, or any of the supplements or amendments thereto, and except corporations taxable under the act entitled "An act for the taxation of the property and franchises of street railroad corporations using or occupying public streets, highways, roads, lanes or other public places in this State," approved May twenty-third, one thousand nine hundred and six.

208. Sec. 1. All the property, real and personal, and fran- All property chises of all persons, co-partnerships, associations or corpora- chises subject tions, other than municipal or corporations taxable under the act entitled "An act for the taxation of railroad and canal property," approved April tenth, one thousand eight hundred and eighty-four, or any of the supplements or amendments thereto, and other than corporations taxable under the act

to taxation.

entitled "An act for the taxation of the property and franchises of street railroad corporations using or occupying public streets, highways, roads, lanes or other public places in this State,” approved May twenty-third, one thousand nine hundred and six, or any of the supplements or amendments thereto, which have acquired or may hereafter acquire authority or permission from the State or from any taxing district thereof, and have or may hereafter have the right to use or occupy and occupying the streets, highways, roads, lanes or public places in this state, shall hereafter be valued, assessed and taxed as hereinafter provided. (P. L. 1900, p. 502, as amended by P. L. 1917, p. 42.)

This act, P. L. 1900, p. 502, provides a general scheme for the local taxation of tangible property and a fixed franchise tax of two per cent. of the gross receipts, to be divided pro rata among the municipalities in which the corporation operates. Pub. Ser. Gas Co. v. Board of Public Utilities Commissioners, 87 N. J. L. 581, 92 Atl. Rep. 606, 94 Atl. Rep. 634.

See Millville Water Co. v. Millville, 84 N. J. L. 411; Montclair Water Co. v. Montclair, 81 N. J. L. 573.

Corporations subject to tax.—The Paterson & Passaic Gas and Electric Company was formed March 1, 1899, by the consolidation and merger of eight corporations, some of which possessed and exercised municipal franchises within the definition laid down in Assessors v. Water Co., 67 N. J. L. 357, and from the time of its formation until the time of this case, the consolidated company had constantly exercised those franchises. Held, that the company was subject to taxation. Paterson & Passaic Electric Co. v. Assessors, 69 N. J. L. 116.

Validity of act.—This act is constitutional. North Jersey Street Railway Co. v. Jersey City, 73 N. J. L. 481.

Nature of tax.—The franchise tax imposed by this act is in the nature of a license tax, and not a tax upon property. North Jersey Street Railway Co. v. Jersey City, 73 N. J. L. 481.

Property tax.—The franchises to use or occupy public streets. which are subject to a franchise tax under this act are not subject to a property tax under the general tax act of 1903 (P. L., P. 394). North Jersey Street Railway Co. v. Jersey City, 73. N. J. L. 481.

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209. Sec. 2. The respective assessors or officers, having like powers and duties to perform, in each taxing district in this State, shall each year ascertain the value of such property located in, upon or under any public street, highway, road, lane or other public place in each taxing district, and the

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