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THE MERCHANTS’ MAGAZINE AND COMMERCIAL REVIEW. SEPTEMBEE, 1862. SALT MANUFACTURE OF THE SAGINAW VALLEY, MICHIGAN. T h e Saginaw River is formed by the confluence of the Cass, Shiawassee, and Tittabawassee rivers. It flows by a slightly serpentine course a little east of north, and empties into Saginaw Bay of Lake Huron. Measured by its meanderings it is about twenty-three miles in length, and in a straight line about twenty and one-half miles. A government lighthouse stands at its confluence with the bay. A bar is found across the mouth, but the entrance to the river is not difBcult for vessels of large size, which find sufficient water for safe navigation as far as East Saginaw; while small steamboats ascend to St. Charles, on the Shiawassee river, ten miles above the head of the Saginaw. The principal villages on the immedi ate banks of the river are East Saginaw, Saginaw City, and Bay City. The latter village is situated on the right bank, between four and five miles from its mouth. A small settlement on the opposite bank, one mile nearer the bay, has been named Bangor. Portsmouth adjoins Bay City, and the two villages actually form but one, stretching along the river for the distance of two miles and three-quarters. Zilwaukie is a small settle ment on the west bank of the river, fifteen and three-fourths miles from the mouth. Two miles higher up, on the same side, is Carrolton, another nucleus of population ; while East Saginaw, with a population of 4,000, lies on the east bank of the river, about eighteen and one-half miles from its mouth. Salina bears the same relation to this place as Portsmouth does to Bay City. Opposite Salina is Saginaw City, the oldest settlement, and the one second in importance on the river. Above Saginaw City, the immediate vicinity of the river to its head is occupied by a marsh. The same is true of the interval between Zilwau kie and Portsmouth, as well as most of the region below Bay City. VOL. X L V II.— N O . I I I . 14 210 S a lt Manufacture in the Sayinaw Valley, Mich. [September, Aside from the marshes just mentioned, the banks of the river are eleva ted two to ten feet above the water at ordinary stage and very little of it is subject to overflow. The soil is black, deep, loomy, and inexhaus tibly fertile; being covered, in a state of nature, with a heavy growth of maple, beech, ironwood, elm, ash, and wbitewood. The climatic condi tions are favorable to the growth of all ordinary farming and garden crops. On the 18th of July, Indian corn in the vicinity of Bay City was fully twice the size of the same crop in Genesee, Oakland, Wayne, and Washtenaw counties. The country back from the river on both sides, possesses a similar character as far as Tuscola, in Tuscola County, and Mid land City, in Midland County. Much of this land, strange to say, is still in the hands of the government—so deeply seated has been the early mis conception of the agricultural capabilities of this region. German and other settlers, however, are rapidly coming in. The principal economical interest of the Saginaw Valley, has been, from the beginning, its lumber. At the present time there are about forty-five mills upon the river, capable of manufacturing 125,000,000 feet of lumber per annum, and actually turning out an average production of 90,000,000 feet. Besides this, the shingle trade amounts to about $60,000 per annum, and the stave business to about $70,000 per annum. The salt manufacture of the Saginaw Valley, though but two years from its incipiency, is already rivaling the lumber interest, and promises in a few years to become the leading commercial interest of the lower peninsula; if it does not even supercede the manufacture of this article in other States. This announcement will arouse the reader’s incredulity ; but we leave it on record, and abide the test of events. Our object is to direct attention to the actual state of the case. The existence of salt springs at numberless points in the lower penin sula of Michigan, has been known from its earliest settlement; and here, as in other States, the Indians, no less than the elk and the deer, sup plied their wants from the natural salines. Numerous reservations of lands supposed to contain salt springs, had, at an early day, been made by the United States; and several unsuccessful attempts had been made by individuals to manufacture salt. Michigan was admitted into the Union in 1836, with the privilege of selecting 72 sections of salt spring lands. In 1837 she had organized a Geological Commission for the de velopment of her mineral resources, with Dr. D ouglass H oughton at its head. One of the first objects contemplated by the Legislature which organized the survey, as well as by the superintendent himself, was the determination of definite facts in reference to the value and distribution of the salt springs of the State. Accordingly, about two-thirds of the State Geologist’s first annual report, dated January 28, 1838, was devo ted to an exposition of the results of his observations upon the brine springs of the State, made during the previous year. He found the sa lines of the State distributed into five groups: First, those upon the Grand River, near Grand Rapids ; second, those on Maple River, in Gratiot County; third, those on the Tittabawassee River, in Midland County; fourth, those of Macomb County; fifth, those on Saline River, in W ash tenaw County. No saline indications of importance were known south of a line drawn from Monroe to Grand Rapids. Dr. H oughton gave analyses of twenty samples of brine from as many different localities within the State. These localities were generally on marshes, circumstanced 1862.] S a lt Manufacture in the Saginaw Valley, Mich. 211 similarly to the salines of New York, or on the immediate banks of streams, subject more or less to overflow. As the result of the observa tions of this year, Dr. H oughton advanced the opinion, that the brine supplied at the surface, at any of the localities examined, would prove too weak and too limited in quantity to justify the expectation of remunera tive manufacture. At the same time, he announced “ a general resem blance between the geology of the valley of the Ohio and that of Michi gan,” and stated his belief that “ the rock-formations of our saliferous district are somewhat lower in the series than those occurring in the prin cipal salines on the O h i o a n d from this inferred— with what reason I do not perceive—“ that the salt-bearing rock would lie nearer the sur face here ” than in Ohio. The similarity of circumstances attending the occurrence of birne springs in Michigan and Ohio, led him to advance the opinion, that in this State, as well as Ohio, success might follow the boring of Artesian wells to the salt rock. This report led, in March, 1838, to the passage of “ An act for the im provement of the State salt springs,” directing the State geologist to pro ceed to make explorations by boring at one or more suitable points; and appropriating $3,000 to defray expenses. On the 1st of January, 1839, the State geologist reported that he had visited the various salines of Pennsylvania, Virginia, and Ohio, with the view of collecting information to guide his procedure, and had com menced the sinking of two shafts— one on the Tittabawassee near the mouth of Salt River, and the other on the Grand River about three miles west from Grand rapids. Before the close of the month, the Legislature made further special provision for the prosecution of these two enter prises. The work, however, was conducted under great difficulties. The surface materials were first penetrated on the Tittabawassee by a shaft eight feet square, to the depth of forty-five feet, when the fresh and brackish water overpowered the pumps, and an attempt was made to sink a drill at a neighboring point. From May to November, 1841, the drill pene trated but 139 feet, when a rock was struck, (supposed by Dr. H oughton to be quartzite,) which the drill entered but half an inch in eleven hours, though loaded with a weight of 270 pounds. At this obstacle the work was abandoned. The well on the Grand river was begun in July, 1838, and finished in 1842, at the depth of 4J3 feet. In these two costly and protracted experiments no brine was obtained materially better than that previously occurring at the surface. In the meantime, in January 1840, Hon. Lucius L y o n of Grand Rapids, began boring for salt at a point near Bridge Street bridge in that village, (now city,) and by July 1841, had penetrated to a depth of 661 feet. From this well was an enormous flow of brackish water, amounting to one hogshead per minute; and by means of an ingenious contrivance, brine was brought up unmixed with the flow of fresh water, which proved to be one-fifth saturated—or at least equal in strength to brine at that time used on the Kanawha and Ohio Rivers. W ith salt selling at $3 per bar rel, Mr. L y o n was enabled to manufacture a limited amount without loss. The want of brine of adequate strength, however, led to an early sus pension of the business. After the failures of 1838-42, the “ Salt Spring Lands” came into the market as little superior to ordinary agricultural lands. In 1849, (March 212 S a lt Manufacture in the Saginaw Valley, Mich. [September, 28,) on tbe organization of the State Normal School, twenty-five sections were set apart for the creation of a Normal School fund, at the minimum price of four dollars an acre for the unimproved lands; and in 1855, (February 12,) twenty-two sections were set apart for the endowment of an Agricultural College. A lingering belief yet survived, however, that Michigan was still des tined to become a salt producing S tate; and citizens of Grand Eapids, still remembering how near to the verge of success Mr. L yon had reached, seriously agitated the resumption of explorations. Through the personal exertions of Dr. G eorge A. L athrop , of East Saginaw, and J ames S c r ib n er , Esq., and others, of Grand Eapids, the Legislature of 1859, was induced to enact a bill, offering ten cents a bushel for all salt made from brine obtained by boring within the State, and exempting from taxation all property employed in the manufacture— the bounty to be paid when not less than 5,000 bushels should have been manufactured. About the same time (February 15) an act was passed initiating a geological survey of the State. Boring was commenced in April of the same year at East Saginaw, by the East Saginaw Salt Manufacturing Company, and in August, at Grand Eapids, by J ames S cribner & Co. In the meantime, the superintendent of the geological survey just or ganized, was prosecuting a rec.onnoisance of the southern portion of the State. A careful study and collation of the various outcrops of rock led to a determination of the nature, thickness, and superposition of the strata underlying the lower peninsula ; and thus, for the first time, supplied the basis of an intelligent prosecution of explorations for salt. The cause of previous failures was now apparent. Dr. H oughton does not seem to have attained to a full understanding of the nature and disposition of the rocks of the lower peninsula. The opinion prevailed at that day (see Eeport, 1839, p. 9) that the strike of the rocks was northeast and southwest across the peninsula ; that Saginaw bay occupies a denuded space along the outcrop of “ the sandstone ” just where it comes in contact with “ the limestone of the north that the coal on the Illinois river is in the strike of the coal bearing rocks of Mich igan, and the galeniferous limestone of Wisconsin and Illinois a prolonga tion of “ a portion of the rock formation ” which occurs in the northern part of Michigan. It was further supposed by Dr. H oughton that the brines of the State rise to the surface through fissures in the strata overlying the salt rock, (see Eeport, 1838, p. 21 ; also Special Eeport, 1839, pp. 2 and 3,) and that the geological positions of the State wells on the Tittabawassee and Grand rivers tvere about the same, (Special Eep., 1839, p. 6,) while the latter was at least 360 feet below the former, and sepa rated from it by the whole thickness_of the coal measures. There seemed also to be vague ideas afloat of an “ upper ” and “ lower salt rock.” Observations made in 1859 led to the discovery and announcement, for the first time, that below the carboniferous limestone of Michigan occurs a series, 180 feet thick, of argillaceous shales, days, magnesian limestones, and beds of gypsum ; and that here is truly the origin of the brine. The strike of the outcropping edges of these strata describes an irregular circle, enclosing all the central portion of the State. The Mich igan salt group of rocks underlies 17,000 square miles, in tbe form of a vast reservoir, constituting the most magnificent saliferous basin on the 1862.] S a lt Manufacture in the Saginaw Valley, Mich. 213 continent. The edges are sufficiently elevated to prevent the efflux of water which finds its way into it, and hence the saline particles have never been washed away. Beneath this series of shales is a porous sandstone — the Napoleon sandstone—which, within the circumference of the basin, becomes saturated with brine from above. From the nature of the case, it is evident that the strongest brine must accumulate in the deepest part of the basin. This, from various indications, seems to be the northeast of its center in the vicinity of the confluence of the Cass, Shiawassee, and Tittabawassee rivers. This disposition of the strata of the State being ascertained, it appears that the salt springs at Grand Rapids, and in Macomb and Washtenaw counties are located upon the rim of the salt basin; and are caused by a trifling overflow of its contents in a position where the brine must neces sarily be much diluted with surface water. The State salt well at Grand Rapids was bored upon the thinning-out edge of the saliferous strata, so that the Napoleon sandstone was found but feebly impregnated; and be low this, the deeper the well was extended, the further it departed from the object of its search. The State w.dll on the Tittabawassee, happening to be located far within the basin, woilJd Ymdouhtedly have eventuated in success, had the person holding the contract for boring possessed suffi cient skill to enable him to get throu^b the quartzose boulders at the bottom of the drift. Mr. S cribner ’s well at Grand Rapids, having reached the Napoleon sandstone, furnished a supply of brine of strength a little better than had been obtained by Mr. L yon ; but the price of salt did not enable him to prosecute the manufacture with profit, although a fine brush house was erected through which the water was passed previous to boiling. The well, in short, like previous ones, was too near the margin of the basin. Predicted failure accordingly'followed the half dozen other attempts made the following season at Grand Rapids and its vicinity. These failures were little ameliorated by the hopeless pursuit of that ignis fatuus, the “ lower salt rock,” which was sought in almost every case, some hundreds of feet below the real saliferous horizon, (see Hubbard's Geology, Rep. 1840, p. 140.) Meantime, the well at East Saginaw reached the solid rock at the depth of 92 feet, and after passing through the coal measures, with their termi nal and initial sandstones, pierced the carboniferous limestone, and found the Michigan salt group of strata 169 feet thick and eminently saliferous. In the Napoleon sandstone beneath, 109 feet thick, the reservoir of the brine was struck, and a supply, abundant in quantity, and of 90° strength, was obtained at almost exactly the point which geology had predicted. This well was 669 feet deep, terminating near the middle of the sand stone. Another was subsequently bored, 806 feet deep, extending through the sandstone and penetrating the underlying shales 64 feet. This decided success was attained early in 1860. By July of that year a “ block” had been erected and boiling commenced. Before the close of the year 4,000 barrels of salt had been manufactured, and no less than four other companies had commenced boring at different points along the river. The generous bounty of ten cents per bushel, granted by the Legisla ture of 1859, created just alarm in the minds of the retrenchment Legis lature of 1861, and the bounty law was so modified as to apply only to 214 S a lt Manufacture in the Saginaw Valley, Mich. [September, ■works where the manufacture commenced before the first day of August, 1861; the bounty was reduced to ten cents a barrel, and was made pay able after 3,000 bushels should have been manufactured; it was also pro vided that no company should receive more than $1,000, and the term of exemption from taxation was restricted to five years. The following is a statement of the strata passed through in the salt wells of the Saginaw valley, grouped and named in accordance with the Geological Reports made to the governor, December 31st, 1860 : 1. Alluvial and drift materials, consisting of sand, clay, and boulders .. .feet 2. “ Woodville sandstone,” brown and coarse.................................................... S. Coal measures, consisting of shales, with some sandstones, limestones, and coal........................ : ........................... ...................................................... i. “ Parma sandstone,” white and porous.......................................................... 5. Carboniferous limestone, often highly arenaceous......................................... 6. “ Michigan salt group,” consisting of^ar^llaceous, pyritous, and gypseous shales, their beds of arenaceous turnTmagnesian limestone and thick beds of gypsum................................... 7. “ Napoleon Bandstone,” light buff, coalst;..................................................... Total............................. * ^ | . . . ' * ................................................... 100 65 130 115 75 170 110 765 The foregoing table exhibits tSj&av^pSge thickness of the strata in the vicinity of East Saginaw. Froin-^ point near the center of the city, the rocks appear to dip both toward “the north and the south ; so that the total depth of wells four miles south is about 810 feet, while in the vicin ity of Bay City the bottom of the Napoleon sandstone is found at a depth of 1,000 feet and over. The strata of the Michigan salt group outcrop toward the northeast at the mouth of Pigeon river and in Tawas bay, on opposite shores of Sag inaw bay. It is an unexpected result, therefore, to find the saliferous ba sin depressed 200 feet deeper at points ten or fifteen miles nearer its mar gin. This local northern depression is filled by an extraordinary thick ening of the shales of the coal measures. A t the same time the under lying “ Parm a sandstone” is found charged with a brine of great purity, and of a density of 60° to 84° of the salometer. Persons engaged in boring on the lower river, therefore, mistaking this saliferous sandstone for the one encountered at East Saginaw and vicinity, suspended their operations at this horizon ; and up to the present time manufacturers in the lower part of the valley have derived their supplies of brine from this source. It is only the result of a recent examination of specimens of the borings of these w'ells, and comparison of statements of well-borers, that this important conclusion has been fully decided upon ; and we have the peculiar satisfaction of learning, while penning this article, that one well on the lower river, having been sunk to the depth of 916 feet, has just struck upon the true Napoleon sandstone, at the depth of 54 feet, in which a brine has been brought up fu lly saturated. It may not be uninteresting to observe that the Parma sandstone seems to be the equivalent of the carboniferous “ conglomerate” of Ohio, which constitutes the reservoir of the brine supplying the wells of the Ohio and Kanawha rivers. It constitutes, moreover, the third or uppermost salife rous horizon known to exist in Michigan—that of the Onondaga salt group being the lowest. This recent discovery, moreover, discloses the proba bility that in the deeper portions of the general basin, the coal measures 1862.] S a lt Manufacture in the Saginaw Valley, Mich. 215 may be found similarly expanded in thickness, and the Parma sandstone similarly salt-bearing. 1 look for these results from the head of Saginaw river, west and northwest into Gratiot and Midland counties. The following analyses will exhibit the strength and purity of Saginaw brines in com parison w ith those o f o th e r salt p roducing re g io n s : Saginaw C ity. E ast Saginaw . Specific Gravity...................... 1,180 1,170 1,163 1,142 1,078 Chlorid of Sodium.................. Ohlorid of Calcium.................. Chlorid of Magnesium............ Sulphate of Lime.................... Sulphate of Soda.................... Compounds of Iron................ Other constituents.................. 19,246 2,395 1,804 0,534 17,912 2,142 1,522 0,116 17,690 0,156 0,119 0,573 7,309 1,526 0,374 Total solid matter iu 100 parts BayC ity . , Syracuse, K anaw ha, N . Y. Y a. . . . . .... 19,692 0742 0,432 0,145 0,116 0,064 0,127 0,105 0,220 .... 0,002 0,013 .... 24,170 22,017 21,140 .... .... .... .... 18,540 — 9,209 The analyses of Saginaw City brine was made by Prof. Du Bois, of the University of Michigan, but the amount of iron and lime (if any) precipi tated from the brine when received, was not weighed. The analyses of East Saginaw brine was performed by Prof. S. H. D ouglass ; that of the Bay City brine, by J as. E. C hilton & C o .; that of Syracuse brine, by Prof. L. E. B eck , and that of Kanawha brine, by Prof. G eo . H. C ook . As pure saturated brine has a specific gravity of 1,205, and contains 25.7 per cent of saline matter, it appears that the Saginaw brines approximate remarkably near to saturation. The following table exhibits further comparisons : L ocalities. Saginaw City........................ lbs. East Saginaw............................ Bay C ity .................................... Syracuse.................................... Kanawha............................. G alls, re"W eight of one S olid m a tte r P u r e s a lt q u ire d for gall, o f b rin e , iu one g all, in one gall. 1 bu. salt. 9.858 9.775 9.716 9.541 9.464 2.38 2.15 1.95 1.76 0.94 1.90 1.75 1.82 1.68 0.75 29 32 31 83 75 The above figures show a greater difference between the brines of Sagi naw City and East Saginaw than is likely to exist between two points less than four miles apart; but I have been obliged to adhere to the alleged re sults of chemical investigations. It should also be remarked that the mean density of the brine now used at the Onondaga works does not quite come up to the standard of the sample analysed by Prof. B eck , many years since, the results of which are quoted in the foregoing table. From these comparative exhibits it is at once clear that a gallon of the brine from the Saginaw valley contains more pure salt than a gallon of the brine employed at either of the two principal centers of manufactures for the United States. It has been insisted by parties interested in rival local ities that, in spite of the strength of Saginaw brine, Ibe presence of a con siderable percentage of chlorids of calcium and magnesium must materi ally interfere with success in the manufacture of salt from it. Upon these objections, which are purely theoretical, and fathered perhaps by a wish, we have three remarks to make: 216 S a lt Manufacture in the Saginaw Valley, Mich. [September, 1. Whatever may be said of the brine from the Napoleon sandstone, that from the Parma sandstone—if we may depend upon the analysis—is the purest in the United States. 2. The Saginaw brine, showing the highest per centage of bitter chlorids, contains relatively less than the brine of the Kanawha, which is accepted as affording powerful competition, in all respects, with the manufacture at Syr acuse, and, indeed, is generally admitted to be a better preservative of meats. 3. At all events, the manufacture of salt in the Saginaw valley is suc ceeding as a matter o f fa c t ; and, as a matter of fact, the product is ad mitted by all authorities to be at least equal to that from any other source. The evidences will be presented in the sequel. It is now but two years since the first salt was manufactured in Saginaw valley ; yet it is estimated that in this time the value of real estate has in creased to the extent of three and a-half millions of dolllars in the counties of Bay and Saginaw. At Carrolton, grounds suitable for salt lots, which, two years ago were bought for $20 an acre, are now held at $300 and $400 per acre. At Saginaw City, salt lands have risen from $30 to $200 and $300 an acre. Wood lands, from one to eight miles west and north of Saginaw City, which, as late as 1861, sold for $15 and $20 per acre, are now selling for $40 and $45 per acre. At Bay City, the increased valua tion has been similar. And this is but the first impression of the creation of this new branch of industry in what is generally regarded as a Michigan wilderness. There are five methods employed, or about to be employed, in the Sagi naw valley' for the evaporation of brine : 1. By means of artificial heat in iron kettles, on the Syracuse plan. 2. By solar evaporation in the open air, also according to the Syracuse method. 3. A modification of the methods employed on the Kanawha thirty years ago. 4. A modification of the method at present in use on the Kanawha. 5. A new method patented by N athan C h a pin of Michigan. In the boring of the wells of the Saginaw valley, steam power is always used, and the tools and details of the process are similar to those employed in Ohio and Virginia. The boring is generally done by contract. The price per foot two years ago was $3 ; at the present time it is $2, and I see no reason why the price should not be reduced to $1 50 per foot for wells not over 900 feet deep, since the engine—the only costly part of a well-borer’s outfit—is furnished by the employer. The well is bored of an enlarged di ameter, and tubed as far as the “ bed rock.” Beyond this, a diameter of 3^ to 5 inches is the usual capacity. On the completion of the boring to the requisite depth, the hole is tubed with iron to some point below the place of influx of fresh water. This is generally the carboniferous limestone ; and here some sort of packing is introduced around the tube for the purpose of shutting off communication between the inside and outside of the tube. The strong brine rises to within 5 to 10 feet of the surface, and sometimes overflows—in one instance rising in a tube as high as 17 feet. In all cases, 1862.] S a lt Manufacture in the Saginaw Valley, Mich. 217 however, a pump is introduced into the well for the purpose of securing an adequate supply. The actual capacity of one of these wells has never yet been very accu rately ascertained. The supply from the two wells of the East Saginaw M. Co. is estimated at 45,000 gallons per day. The Bay City salt well, 3-f inches in diameter, is stated to be capable of supplying three blocks, while the Portsmouth well, 4 inches in diameter, will supply four blocks of 60 kettles each. At the Bay City well, one cistern-full of about 21,000 gal lons is used in thirty-eight hours on three blocks. This is 13,260 gallons in twenty-four hours, and for four blocks would be 17,680 gallons. At the Portsmouth well, where the salometer stands 60°, a cistern holding 26,000 gallons is said to be filled in ten hours, which is over 62,000 gallons in twenty-four hours. An engine with an 8-inch cylinder and 16 inches stroke is adequate for all the work of boring and pumping. The water is pumped at an expense of about three cents per barrel of salt, into vats or cisterns elevated abont five feet, and having generally a capacity of 20x30 feet and 6 feet deep, holding consequently about 26,000 wine gallons each. Two of these vats are requisite for each block. In the cisterns, the water is allowed five or six days to settle—that is for the iron to be precipitated—a process which is generally facilitated by sprinkling in the brine a small quantity of strong limewater. The kettles are arranged in two close parallel rows, and supported by walls of brick and stone, forming an arch with a longitudinal partition—or more properly two arches, in the mouths of which the fires are built. A chimney, from 50 to 100 feet high, rises at the back extremity of the arches, and thus the heat is made to pass under each kettle of the double series. The arches are enclosed in a house 120 feet by’40, or thereabouts, with a shed running the whole length of each side, divided into large bins for the reception of the salt. A t the Bay City works the bins occupy a separate building, into which the salt is wheeled and emptied. This arrangement permits an opening to run the whole length of the block on each side, for the admission of air to drive the steam from over the kettles. After settling, the brine is conveyed into the boiling-house in logs, which run along the arch above the kettles, resting on the middle wall which sepa rates them ; and from these logs supplies are drawn as needed, into the kettles. It may be of interest to note that kettles are now manufactured at Bay City, by a firm recently from Chatham, Canada West. The fuel employed is generally a mixture of hard and soft kinds, for prices varying from $1 31 to Si 50 per cord. Hard wood, consisting of maple, beech, hickory, ironwood, and birch, is exclusively employed at the East Saginaw works, and costs delivered 81 7o per cord. One block, including the engine, consumes about six cords of hard wood, or six and a-half cords of mixed wood, in twenty-four hours. The brine, of course, evaporates much the most rapidly in the front ket tles, immediately over the fire. These have to be filled once in three to five hours, and the back ones once in fifteen to twenty-four hours. Settling pans are introduced into kettles just filled, for the purpose of receiving any impurities precipitated by the application of heat. Occasionally milk, blood, or some other animal substance is employed to promote the clearing of the brine. Generally, also, some skimming is needed ; and the more when the 218 S a lt Manufacture in the Saginaw Valley, Mich. [September, brine is purified in the manner just mentioned. The contents of the kettles are reduced by boiling to one-fourth or one-fifth the original quantity, when the salt, crystallized and fallen to the bottom, is transferred to baskets sup ported over the kettles, where it is allowed to drain. The baskets at first used were of the Syracuse pattern ; but these being found too small, a new style, patented by a Michigan man, and of larger size, is now generally employed. These cost forty cents each. The baskets of salt, when moderately drained, are emptied into the bins, where the salt lies fourteen days to complete the drainage. In the mean time, the kettle is replenished with brine and the same pro cess is repeated. After a kettle has been boiled down two, three, or more times, the accumulation of bitterns needs to be thrown out. Some prefer to do this after every kettle-full. The bitterns are thrown into a conduit which runs at a convenient distance, and are thus carried out of the block. The work is thus prosecuted day and night for the period of two to five weeks—the boilers and firemen succeeding each other in relays every twelve hours. At the end of this time the rapid evaporation and great heat of the front kettles has caused an incrustation to be formed upon the bottom from one to two inches in thickness. This must be removed, or it acts as a false bottom, permitting an interval to form between it and the kettle, thus ren dering the bottom of the kettle liable to be melted out. In the Syracuse works this crust contains so much gypsum as not to be readily soluble, and is picked out with iron tools, to the great danger of the kettles. In the Saginaw works the crust is almost pure salt, and is at once loosened and removed by the simple introduction of fresh water, which is obtained from a second set of logs introduced for the purpose. The fires are permitted to go down on Saturday night. During Sunday the arches cool. On Monday any needed repairs are attended to, and on Monday night the fires are re kindled. The amouut of salt produced in twenty-four hours from a block of a given number of kettles, varies with the strength of the brine, the state of the atmosphere, the quality of the fuel, and the attention of the firemen. At Portsmouth, in good summer weather, 40 barrels are made per day from 50 kettles. The works at Saginaw City make 50 barrels a day from 60 kettles; at East Saginaw, 50 barrels from 50 kettles; at the Carrolton Mill Co.’s works, 55 barrels from 58 kettles. These estimates are for the season. At Bay City, 60 barrels are made per day of running time from 50 kettles. At this latter works, 50 baskets of salt—that is, the salt from 50 kettles-full of brine—measured 36 barrels, which is almost three-fourths of a barrel of salt for every kettle-full of brine. Winter weather causes a diminution of 17 to 20 per cent in the product of the works. The packing of the salt is done for three cents a barrel. The barrels used cost from twenty-four to twenty-six cents—the price varying with the quality. Elm barrels with pine heads are generally employed; but at some of the works pine is used exclusively. These barrels are manufactured in stave and barrel factories operating in the vicinity, and are admitted to be a supe rior article for salt packing. No objection exists against elm staves, pro vided they are cut narrow; otherwise they are somewhat liable to warp, on exposure to the weather, and might in some cases endanger the package. The tidy appearance of the packages of Saginaw salt has everywhere re commended it to notice. 1862.] S a lt Manufacture in the Saginaw Valley, Mich. 219 The solar manufacture is yet in its inception. The East Saginaw Co. have 20 solar vats in operation; and the prospects of success in this method of manufacture are so great that 500 additional vats and covers have been constructed, making a total outlay in the coarse salt manufacture of $8,500. Five hundred barrels have been produced. The Saginaw Valley Co., at Saginaw City, are erecting a block on a mod ification of the present Kanawha plan of evaporation. The principal mod ification consists in the use of “ alloy metal,” instead of copper, for the steam pipes, and the employment of fresh water to furnish the requisite amount of steam for heating the brine. The necessity for this, it is thought, grows out of the superior strength of Saginaw brine. The reader will find a description of the Kanawha method by Prof. G eorge H. C ook , in the “ Report of the Superintendent of the Onondaga Salt Springs,” made to the Legislature, in February, 1854. W m. C. G ilmore, on the east side of the river and about two miles be low Bay City, is erecting a block on a modification of the old Kanawha method, in which the brine, after being settled in cisterns, is to be heated in a pan over the front of the arch, thence passed into a long tank traversed by steam pipes, in which much of the graining is expected to take place, and is thence transferred to pans or kettles for completion of the crystal lization. At the works of the Ann Arbor and Saginaw Company, at Salina, an ex periment is making with the patented process of Mr. N a th a n C h a p in . A vat is constructed of any desired size—say 40 x 50 feet, and four feet deep, which may be called the condensing or settling vat. Within this is placed a graining vat in the form of an inverted roof, extending the whole length of the former vat, but with a width about four feet less on each side, and rising to within a few inches of the top of the former one. Partitions, like bulkheads, divide the condensing vat into about four compartments, which communicate with each other at alternate ends. Three flues are construc ted in this apparatus— one in the middle running the whole length of the graining vat, and one on each side running through the condensing vat. The anterior section of each flue is of boiler iron, the remainder, of “ alloy metal.” The flues are for the fire and smoke, and will be constantly im mersed. The brine is to be admitted at one of the front corners, and the bulkheads are so arranged as to cause it to flow backwards and forwards transversely, until it completes the circuit of the condensing vat, by which time it is expected to be settled and brought to the point of saturation. This result is designed to be attained by the time the brine has risen to the level of the graining vat, into which it will then begin to flow, to undergo the process of crystallization. The bitterns are expected to be drawn off from the surface of the graining vat. This process is said to have been employed on a small scale with great success. It seems to me, temporary disappointment will result from two causes. The heat employed to do the graining should be to that which brings the brine to saturation as two to one, instead of vice versa, as Mr. C h a pin has it. In the next place, the bitterns will not be found float ing on the surface in the graining vat, but will be somewhat equally dif fused throughout the brine. This will necessitate an occasional clearing of the graining vat. The method of boiling in kettles is evidently too primitive and wasteful of heat to be tolerated by an inventive people. Immense quantities of 220 S a lt Manufacture in the Saginaw Valley, Mich. [September, caloric are transmitted from the arches to the ground and entirely lost. In C h a p i n ’s method the heat is conducted in every direction only into the brine. If he could now devise some means to utilize the steam, the econ omy of caloric would be complete. In the opinion of the writer, steam pipes might be made to replace the two flues in the condensing vat, and fuel employed—but in redoubled amount—only in the graining vat. W e wait with interest to learn whether Mr. C h a p i n ’s process is destined to turn the old potash kettles on their sides. In the process of boiling in kettles, two firemen and two boilers are re quired for each block—the firemen relieving each other at intervals of 12 hours, as also the boilers. At some of the works it is in contemplation to let the boiling—which can be done for ten cents a barrel—the company furnishing the fuel. This method, while it would increase the quantity of salt produced, might somewhat endanger its excellence. Under the pre sent arrangement, boilers are paid $1 75 per day, and firemen $1. The wages of an engineer are $1 50 per day, and of common hands $1. The average diurnal product of a block of sixty kettles is not less than fifty-five barrels a day for the summer season. This, for 180 days, amounts to 9,900 barrels. Supposing that for the other 180 days of the year—al lowing a loss of five days— the product is but eighty-two per cent of this amount, we shall have as the annual production of one block, 18,000 bar rels, which is a diurnal production of 50 barrels for 360 days of the year. This would be the full capacity of one block, where the brine ranges from 78° to 85°. The total amount of fine salt manufactured in the Saginaw Valley up to the 1st of July of the current year was, as shown by the appended table, nearly 100,000 barrels. At the present time, the number of blocks in ac tual operation is 22, with an aggregate of 1,187 kettles. Several of these blocks have started within a few days. There are, besides, four or five new blocks just ready to go into operation, to say nothing of the three blocks nearly completed for evaporation, by the Kanawha and C h a pin process. If the 22 blocks now in operation succeed in maintaining the standard of pro ductiveness established by the old ones, they are turning out daily 1,210 barrels, which, making an allowance for the check of winter, amounts to 396,000 barrels or 1,980,000 bushels annually. This is not a calculation of what the Saginaw works are expected to do ; it is what they are doing at this m om ent; and shows a growth at the end of two years from the pro duction of the first bushel of salt, equal to that attained by the Onondaga salt works in 1834, at the end of 38 years from the time the salt springs passed under the superintendence of the State. But it is not necessary to pause here. Within thirty days, or by September 1st, not less than four additional blocks will come into operation, raising the daily production to '1,300 barrels, and the annual production to 468,000 barrels or 2,340,000 bushels—a result only reached by the Onondaga salt works less than twentyfive years ago. It is evident that such an astonishing development of a new branch of local industry could never occur unless it held out the promise of extraordi nary remunerativeness. Let us look at this subject. The cost of a suitable lot will vary with its location and extent. Something must also be ex pended for docks and piers. The following are the other fixed expendi tures : 1862.] 221 S a lt Manufacture in the Saginaw V alley, Mich. Drill or well house........................................................... Engine for boring and pum ping.................................... Tubing............................................................................... Drums and blacksmith’s tools........................................ Boring eight hundred feet at $ 2 ................................... $175 750 800 50 1,600 Total for well....................................................... $3,375 Suppose this to be increased to ..................................................... Cisterns and block of sixty kettles................................................. $4,000 3,000 T o tal..................................................................................... $7,000 It is believed that this sum covers all expenditures necessary at the pre sent time, for getting one block of kettles into operation. More than this has been expended by many, and perhaps most of the companies now en gaged in the manufacture; but mistakes have occurred through inexperi ence, and many expedients have been tested before the best methods and details have been discovered. But suppose the expense of lot, wharfage, and other items raises the above sum to $9,000. The annual deterioration of this property does not exceed four per cent, or $360—which is two cents per barrel of salt. At Syracuse, experiments have determined that one cord of hard wood will produce fifty-three bushels of salt. This economy in the use of fuel has not been reached as yet, at Saginaw. At the East Saginaw works 0]- cords of hard wood are used daily to produce fifty bar rels of salt, which is one cord for forty bushels. I am convinced, however, that here is a waste of fuel, due perhaps to a faulty construction of the flues. At Bay City seven cords of wood, in which the soft is to the hard as one to two, produce daily sixty barrels or forty-three bushels to the cord. Taking the facts as they stand, 6^- cords of mixed wood at $1 50 per cord produce fifty barrels daily, the year through ; which is one cord - for thirtynine bushels. The cost of the fuel for one barrel of salt is, therefore, $0,199. The wages of two firemen and two boilers are $5,50 per day. Add to this the wages of one engineer, (who can do the pumping for fo u r blocks,) and the element of labor entering into the cost of a barrel of salt in the bins is $0.14. Collecting together now the various elements which enter into the prime cost of a barrel of salt, we have the following exhibit: Labor of five men in pumping and boiling................ Fuel of mixed quality..................................................... Barrel of superior quality............................................. Packing............................................................................ Deterioration of property.............................................. $0,140 0.199 0.250 0.030 0.020 T otal.................................................................... $0,639 When salt is selling at $1 50 per barrel, here is a profit of eighty-six cents per barrel, which is 134 per cent on the first cost. This is 95 per cent when the price of salt is $1 25, and 48 per cent when the price of salt is at the cost of manufacture at Syracuse ; so that Syracuse capital 222 S a lt Manufacture in the Saginaw Valley, Mich. [September, would be better employed in buying Saginaw salt than in producing it on the spot. The above estimated profits might be somewhat diminished by expense of superintendence, office rent, hauling the wood up to the blocks, and per haps some other incidentals. The main result, however, astonishing as it is, cannot be materially affected by controversy. When it is remembered that the cost of a barrel of salt at Syracuse is at least 95 cents, and on the Kanawha 90 cents, the reader will begin to perceive the grounds of an opinion advanced near the commencement of this article. The only question which remains, and one upon which the predicted growth of the manufacture must depend, is that which respects the quality of Sagi naw salt. There is no corner on which our predictions rest with greater security. The appearance of a pile of Saginaw salt is that of driven snow glistening in the morning sun. The grain is coarse, clean, and angular ; the taste purely saline and unexceptionable, and the weight is 58^ pounds to the measured bushel. Letters and documents are in the hands of the manufacturers proving that the acceptance of Saginaw salt is such that the market is literally clamorous for an adequate supply. It would occupy too much space to make many citations. The “ Mechanics’ Institute, of Chicago,” the New York State Agricultural Society, (at Elmira,) and the “ Mechanics’ Association, of Utica,” have severally awarded the salt of the East Saginaw Company their highest testimonials. I I a r v e y W i l l i a m s , Esq., one of the oldest and most extensive fish packers on the lakes, certifies: “ My experi ence and observation lead me to the opinion that the salt manufactured by your company is purer, stronger, safer, and more economical for fishermen than the Syracuse fine salt,” He also names several other parties who have used the salt for fish packing with the same results. In Detroit, this salt is ranked equal to any, and is very often called for in preference to Syracuse salt. The annual statement of the Trade and Commerce of Toledo, says: “ W e are led to the conclusion that eventually all the beef, pork, &c., packed west of Lake Erie, will be laid down in Saginaw salt.” Dow, Q u i r k & Co., of Chicago, think Saginaw salt “ superior to any that comes to this market.” Large quantities of this salt are now sold in London, C. W., whence it is distributed through the province. St. Louis and Cin cinnati also take large supplies ; and the demand, at all these points, is far more than can be furnished. I close this article with the following table of such works as are either in operation or nearly ready to go into operation. The values of the various works (with a few exceptions) are ascertained by estimating a site at $1,000 ; a well at • 4,000, and one block at $4,000. The well No. 7 is not tubed, and the works are not at present in progress. No. 11 has, in addition, one block on a modification of the present Kanawha method. No. 16 has one block on a modification of the old Kanawha m ethod; and No. 1 2 has a block on the C h a p i n method. The East Sagi naw Company has two wells, and has expended $8,500 for 520 covers. The Saginaw Valley Company has eight covers, and the Bay City Com pany a small num ber: 1 8 6 2 .] STATISTICS OF THE SALT MANUFACTURE IN THE SAGINAW VALLEY, MICHIGAN. Fine N o w sa lt m a kin g made per Value K to J u ly 1 day. of bbls. bbls. w orks. 2 200 40,000 200 $33,500 6,500 56 50 9,000 120 12,000 100 13,000 150 9,500 52 17,000 50 7,000 40 9,000 3,000 120 80 13,000 6,300 120 7,000 116 13,000 110 13,000 55 9,000 60 8,500 13,000 12,000 58 5,000 5,000 150 17,000 9,000 110 13,000 100 13,000 13,000 110 5,000 5,000 100 9,000 50 5,000 * When begun. A pril, 1859, M ay, 1860, 1st J u n e , 1860, J u n e , 1860, J u ly , 1860, J u ly , 1S60 Ja n u a ry , 1861, S ep te m b er, 1861, 9th D ecem ber, 1861, 25th D ecem b er, 1801, 1st J a n u a ry , 1862, ICth F e b ru a ry , 1862, 25th F e b ru a ry , 1862, 12th M arch, 1862, 19th M arch, 1862, M arch, 1862, A pril, 1862, 16th May, 1862, M ay, 1862, J u n e , 1862, 7 th J u ly , 1862, J u ly , 1862, S u p p ly for N ov., 1862, 8C6 759 . 809 708 667 725 769 B egun " boiling. ?> J u ly , 1860, 4 1 ®i J u ly , 1861, M ay 22, 1861, 2 4 3 i Oct. 14,1361. 3 4 J u ly 2S, 1861, 1 3i J u ly , 1861, 2 ........................ 2 753 4£ J u n e , 1861, 2 1 490 H J u ly , 1862, 830 3 i A p ril 1, 1862, 1 806 4 i ........................ 1 ............................... 731 780 J u ly 17, 1862, 3 502 3} J u ly , 1862, 2 ......................... 2 602 3 f J u ly , 1862, 2 .. ............................... ........................ 2 ........................ 1 82 97,800 R esid en t officer. H . G. P o tte r, M. D .,E . Saginaw J . S. C urtis, M. D .,E . Saginaw . N ew ell B arn a rd , S ag in ’w C ity Ja m e s F r a s e r ,......... Bay C ity. J a s . H . H ill— E a st S aginaw . E . B. S m it h ....E a s t Saginaw . W illiam D a v is .. .E , Saginaw . J o h n A lliso n . ..E a s t Saginaw . W . D. L e a v itt..S a g in a w C ity. Jas. L. K e tc h a m .E . Saginaw . W m . C. G ilm o r e ...B a y C ity . E . T. T hroop .E a st Saginaw. F . F itz h u g h ..............B a y C ity. Jesse B ra d d o c k . . . . B ay C ity. H e n ry M o o re.......... B ay C ity. 250,000 223 Location o f well. E a s t Saginaw , C arrolton, Saginaw C ity, B ay City, P o rtsm o u th , 0 p p . E a st Saginaw , C arrolton, Z iiw aukie, C arrolton, P o rtsm o u th , Saginaw City, Salina, Salina, E a st Saginaw , Carrolton, B ay City, C arrolton, Opp. P o rtsm o u th , P o rtsm o u th , Bangor, E a st Saginaw, Opp. P o rtsm o u th , Opp. P o rtsm o u th , Salt Manufacture in the Saginaw Valley, Mich. S tyle o f Company. 1. E a st Saginaw S alt M anufacturing Co.. 2. C arrolton S alt C o .. . . ............................ 3. Saginaw C ity S alt M 'fg C o.................... 4. B ay C ity S alt M’fg Co............................. 5. P o rts m o u th S alt M’fg Co....................... 6. J . n . H ill.................................................... 7. S aginaw V alley S a lt M’fg Co................ 8. D avis & C o................................................. 9. C arrolton Mill S a lt Co.......................... 10. H ay d en & Co............................................. 11. F o re s t V alley S a lt M‘fg Co.................... 12. A nn A rb o r & S aginaw S alt M’fg C o .. 13. R u s t & C o.....................: ............................ 14. P a y n e & B rig g s......................................... 15. O range C o u n ty S alt Co........................... 16. ¥ m . C. G ilm o re ...................................... 17. E. T . T h ro o p .............................................. 18. D. H . F itz h u g h ........... : ............................ 19. A . C. B raddock.......................................... 20. N . W . C larke & C o ................................... 21. B raley & E a to n ........................................ 22. V an E tte n & M ershon........................... 28. W illiam T a llm a n ...................................... h a'a* 3 224 [September, Laws Relating to the Excise Tax. EXCISE TAX. T he following is an official copy of the new Tax Bill with an index. As this measure affects almost every mercantile transaction, we believe we cannot do our subscribers a better service than by giving it to them com plete. August 1st is the date set in the bill for the act to take effect, but by a joint resolution, the Secretary is authorized to name any subsequent day not later than the first of October. Notice has been given that the date fixed is the first day of September : AN ACT TO P R O V ID E IN T E R N A L REVENUE TO SUPPO RT TH E G O V ER N M EN T A ND TO P A Y IN T E R E S T O N T H E P U B L IC D E B T . Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That, for the purpose of superin tending the collection of internal duties, stamp duties, licenses, or taxes im posed by this act, or which may be hereafter imposed, and of assessing the same, an office is hereby created in the Treasury Department to be called the office of the Commissioner of Internal Revenue : and the President of the United States is hereby authorized to nominate, and, with the advice and consent of the Senate, to appoint, a Commissioner of Internal Revenue, with an annual salary of four thousand dollars, who shall be charged, and hereby is charged, under the direction of the Secretary of the Treasury, with preparing all the instructions, regulations, directions, forms, blanks, stamps, and licenses, and distributing the same, or any part thereof, and all other matters pertaining to the assessment and collection of the duties, stamp duties, licenses, and taxes which may be necessary to carry this act into ef fect, and with the general superintendence of his office, as aforesaid, and shall have authority, and hereby is authorized and required, to provide proper and sufficient stamps or dies for expressing and denoting the several stamp duties, or the amount thereof in the case of percentage duties, im posed by this act, and to alter and renew or replace such stamps from time to time, as occasion shall require; and the Secretary of the Treasury may assign to the office of the Commissioner of Internal Revenue such number of clerks as he may deem necessary, or the exigencies of the public service may require, and the privilege of franking all letters and documents pertain ing to the duties of his office, and of receiving free of postage all such letters and documents, is hereby extended to said commissioner. G E N E R A L P R O V IS IO N S . S ec . 2. A nd be it further enacted, That, for the purpose of assessing, levying, and collecting the duties or taxes hereinafter prescribed by this act, the President of the United States be, and he is hereby, authorized to di vide, respectively, the States and Territories of the United States and the District of Columbia into convenient collection districts, and to nominate, and, by and with the advice and consent of the Senate, to appoint an as 1862 .] Laws Relating to the Excise Tax. 225 sessor and a collector for each such district, who shall be residents within the same: Provided, That any of said States and Territories and the Dis trict of Columbia may, if the President shall deem it proper, be erected into and included in one district: Provided, That the number of districts in any State shall not exceed the number of representatives to which such State shall be entitled in the present Congress, except in such States as are entitled to an increased representation in the Thirty-Eighth Congress, in which States the number of districts shall not exceed the number of repre sentatives to which any such State may be so entitled : A nd provided, f u r ther, That in the State of California the President may establish a number of districts not exceeding the number of senators and representatives to which said State is entitled in the present Congress. S ec. 3. A nd be it further enacted, That each of the assessors shall di vide his district into a convenient number of assessment districts, subject to such regulations and limitations as may be imposed by the Commissioner of Internal Revenue, within each of which he shall appoint one assistant assessor, who shall be resident therein; and each assessor and assistant as sessor so appointed, and accepting the appointment, shall, before he enters on the duties of his appointment, take and subscribe, before some compe tent magistrate, or some collector, to be appointed by virtue of this act, (who is hereby empowered to administer the same,) the following oath or affirmation, to wit: “ I, A B, do swear, or affirm, (as the case may be,) that I will bear true faith and allegiance to the United States of America, and will support the Constitution thereof, and that I will, to the best of my knowledge, skill, and judgment, diligently and faithfully execute the office and duties of assessor for, (naming the assessment district,) without favor or partiality, and that I will do equal right and justice in every case in which I shall act as assessor.” And a certificate of such oath or affirmation shall be delivered to the collector of the district for which such assessor or assis tant assessor shall be appointed. And every assessor or assistant assessor acting in the said office without having taken the said oath or affirmation shall forfeit and pay one hundred dollars, one moiety thereof to the use of the United States, and the other moiety thereof to him who shall first sue for the same, with costs of suit. Sec. 4. A nd be it further enacted, That before any such collector shall enter upon the duties of his office, he shall execute a bond for such amount as shall be prescribed by the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, with not less than five sureties to be approved as sufficient by the Solicitor of the Treasury, containing the condition that said collector shall faithfully perform the duties of his office according to law, and shall justly and faithfully account for and pay over to the United States, in compliance with the order or regulations of the Secretary of the Treasury, all public moneys which may come into his hands or possession; which bond shall be filed in the office of the First Controller of the Treasury. And such collectors shall, from time to time, renew, strengthen, and increase their official bond, as the Secretary of the Treasury may direct. S ec. 5. A nd be it further enacted, That each collector shall be authorized to appoint, by an instrument of writing under his hand, as many deputies as he may think proper, to be by him compensated for their services, and also to revoke any such appointment, giving such notice thereof as the Com missioner of Internal Revenue shall prescribe ; and may require bonds or VOL. X L Y II.---- N O . I I I . 15 226 Laws Relating to the Excise Tax. [September, other securities and accept the same from such deputy ; and each such deputy shall have the like authority, in every respect, to collect the duties and taxes levied or 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 in dividuals, as the case may be, for all moneys collected, and for every act done as deputy collector by any of his deputies whilst acting as such, and for every omission of duty: Provided, That nothing herein contained shall prevent any collector from collecting himself the whole or any part of the duties and taxes so assessed and payable in his district. S ec . 6. A nd he it further enacted, That it shall be the duty of any per son or persons, partnerships, firms, associations, or corporations, made liable to any duty, license, stamp, or tax imposed by this act, when not otherwise and differently provided for, on or before the first day of August, eighteen hundred and sixty-two, and on or before the first Monday of May iu each year thereafter, and in all other cases before the day of-levy, to make a list or return to the assistant assessor of the district where located, of the amount of annual income, the articles or objects charged with a special duty or tax, the quantity of goods, wares, and merchandise made or sold, and charged with a specific or ad valorem duty or tax, the several rates and ag gregate amount according to the respective provisions of this act, and ac cording to the forms and regulations to be prescribed by the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, for which such person or persons, partnerships, firms, associations or corpora tions are liable to be assessed under and by virtue of the provisions of this act. S ec . 7. A nd be it further enacted, That the instructions, regulations, and directions, as hereinbefore mentioned, shall be binding on each assessor and his assistants, and on each collector and his deputies, in the performance of the duties enjoined by or under this a c t; pursuant to which instructions the said assessors shall, on the first day of August, eighteen hundred and sixty-two, and on the first Monday of May in each succeeding year, and from time to time thereafter, in accordance with this act, direct and cause the several assistant assessors to proceed through every part of their respec tive districts, and inquire after and concerning all persons being within the assessment districts where they respectively reside, owning, possessing, or having the care or management of any property, goods, wares, and mer chandise, articles or objects liable to pay any duty, stamp or tax, including all persons liable to pay a license duty, under the provisions of this act, (by reference as well to any lists of assessment or collection taken under the laws of the respective States, as to any other records or documents, and by all other lawful ways and means, especially to the written list, schedule, or return required to be made out and delivered to the assistant assessor by all persons owning, possessing, or having the care or management of any prop erty, as aforesaid, liable to duty or taxation,) and to value and enumerate the said objects of taxation, respectively, in the manner prescribed by this act, and in conformity with the regulations and instructions before men tioned. S ec . 8. A nd he it further enacted, T h at if any person owning, possess ing, or having the care or m anagem ent of property, goods, wares, and m er chandise, articles or objects liable to pay any duty, tax, or license, shall fail to m ake and exhibit a w ritten list when required, as aforesaid, and shall 1862.] Laws Relating to the Excise Tax. 221 consent to disclose the particulars of any and all the property, goods, wares, and merchandise, articles and objects liable to pay any duty or tax, or any business or occupation liable to pay any license, as aforesaid, then, and in that case, it shall be the duty of the officer to make such list, which, being distinctly read, consented to, and signed, by the person so owning, possess ing, or having the care and management as aforesaid, shall be received as the list of such person. S ec . 9. A nd be it further enacted, That if any such person shall deliver or disclose to any assessor or assistant assessor appointed in pursuance of this act, and requiring a list or lists, as aforesaid, any false or fraudulent list or statement, with intent to defeat or evade the valuation or enumeration hereby intended to be made, such person so offending, and being thereof convicted on indictment found therefor in any circuit or district court of the United States held in the district in which such offence may be committed, shall be fined in a sum not exceeding five hundred dollars, at the discretion of the court, and shall pay all costs and charges of prosecution; and the valuation and enumeration required by this act shall, in all such cases, and in all cases of under valuation or under statement in such lists or statements, be made, as aforesaid, upon lists, according to the form prescribed, to be made out by the assessors and assistant assessors, respectively; which lists the said assessors and assistant assessors are hereby authorized and required to make according to the best information they can obtain, and for the pur pose of making which they are hereby authorized to enter into and upon all and singular the premises respectively ; and from the valuation and enumeration so made there shall be no appeal. S ec . 10. A nd be it f urther enacted, That in case any person shall be ab sent from his or her place of residence at the time an assistant assessor shall call to receive the list of such person, it shall be the duty of such assistant assessor to leave at the place of residence of such person, with some person of suitable age and discretion, if such be present, otherwise to deposit in the nearest post office a written note or memorandum, addressed to such person, requiring him or her to present to such assessor the list or lists re quired by this act within ten days from the date of such note or memoran dum. S ec . 11. A nd be it further enacted, That if any person, on being notified or required, as aforesaid, shall refuse or neglect to give such list or lists within the time required, as aforesaid, it shall be the duty of the assessor for the assessment district within which such person shall reside, and he is hereby authorized and required, to enter into and upon the premises, if it be necessary, of such persons so refusing or neglecting, and to make, ac cording to the best information which he can obtain, and on his own view and information, such lists of property, goods, wares, and merchandise, and all articles or objects liable to duty or taxation, owned or possessed, or un der the care or management of such person, as are required by this act, in cluding the amount, if any, due for license; and in case of refusal or ne glect to make such lists, except in cases of sickness, the assessors shall thereupon add fifty per centum to the amount of the items thereof; and the lists, so made and subscribed by such assessor, shall be taken and repu ted as good and sufficient lists of the persons and property for which such person is to be taxed for the purposes of this act; and the person so failing or neglecting, unless in case of sickness or failure to receive the notice, shall, moreover, forfeit and pay the sum of one hundred dollars, except where 228 Laws Relating to the Excise Tax. [September, otherwise provided for, to be recovered for the use of the United States, with costa of suit. S ko. 12. A nd be it further enacted, That whenever there shall be in any assessment district any property, goods, wares, and merchandise, articles, or objects, not owned or possessed by, or under the care or management of any person or persons within such district, and liable to be taxed as afore said, and no list of which shall have been transmitted to the assistant as sessor in the manner provided by this act, it shall be the duty of the as sistant assessor for such district, and he is hereby authorized and required, to enter into and upon the premises where such property is situated, and take such view thereof as may be necessary, and to make lists of the same, ac cording to the form prescribed, which lists, being subscribed by the said assessor, shall be taken and reputed as good and sufficient lists of such property, goods, waves, and merchandise, articles, or objects, as aforesaid, under and for the purposes of this act. S e c . 13. A nd be it further enacted, That the owners, possessors, or per sons having the care or management of property, goods, wares, and mer chandise, articles oi objects, not lying or being within the assessment dis trict in which they reside, shall be permitted to make out and deliver the lists thereof required by this act, (provided the assessment district in which the said objects of duty or taxation are situated is therein distinctly stated,) at the time and in the manner prescribed to the assistant assessor of the assessment district wherein such persons reside. And it shall be the duty of the assistant assessor who receives any such list, to transmit the same to the assistant assessor where such objects of taxation are situate, who shall examine such list; and if he approves the same, he shall return it to the assistant assessor from whom he received it, with his approval thereof; and if he fails to approve the same, he shall make such alterations therein as he may deem to be just and proper, and shall then return the said list, with such alterations therein or additions thereto, to the assistant assessor from whom he received the said list; and the assistant assessor, where the per son liable to pay such tax resides, shall proceed in making the assessment of the tax upon the list by him so received, in all respects as if the said list had been made out by himself. S ec . 14. A nd be it further enacted, That the lists aforesaid shall, where not otherwise specially provided for, be taken with reference to the day fixed for that purpose by this act, as aforesaid, and where duties accrue at other and different times, the lists shall be taken with reference to the time when said duties become d u e ; and the assistant assessors, respectively, after col lecting the said lists, shall proceed to arrange the same, and to make two general lists—the first of which shall exhibit, in alphabetical order, the names of all persons liable to pay any duty, tax, or license under this act residing within the assessment district, together with the value and’ assess ment, or enumeration, as the case may require, of the objects liable to duty or taxation within such district for which each such person is liable, or for which any firm, company, or corporation is liable, with the amount of duty or tax payable thereon ; and the second list shall exhibit, in alphabetical order, the names of all persons residing out of the collection district, owners of property within the district, together with the value and assessment or enumeration thereof, as the case may be, with the amount of duty or tax payable thereon as aforesaid. The forms of the said general list shall be devised and prescribed by the assessor, under the direction of the Commis 1862,] Laws Relating to the Excise Tax. 229 sioner of Internal Revenue, and lists taken according to such forms shall be made out by the assistant assessors and delivered to the assessor within thirty days after the day fixed by this act as aforesaid, requiring lists from indi viduals ; or where duties, licenses, or taxes accrue at other and different times, the lists shall be delivered from time to lime as they become due. And if any assistant assessor shall fail to perform any duty assigned by this act within the time prescribed by his precept, warrant, or other 'legal in structions, not being prevented therefrom by sickness or other unavoidable accident, every such assistant assessor shall be discharged from office, and shall, moreover, forfeit and pay two hundred dollars, to be recovered for the use of the United States, with costs of suit. S ec. 15. And be it further enacted, That the assessors for each collec tion district shall, by advertisement in some public newspaper published in each county within said district, if any such there be, and by written or printed notifications, to be posted up in at least four public places within each assessment district, advertise all persons concerned of the time and place within said county when and where the lists, valuations, and enumera tions made and taken within said county may be examined ; and said lists shall remain open for examination for the space of fifteen days after notice shall have been given as aforesaid. And said notifications shall also state when and where within said county, after the expiration of said fifteen days, appeals will be received and determined relative to any erroneous or exces sive valuations or enumerations by the assistant assessors. And it shall be the duty of the assessor for each collection district, at the time fixed for hearing such appeal as aforesaid, to submit the proceedings of the assistant assessors, and the lists taken and returned as aforesaid, to the inspection of any and all persons who may apply for that purpose. And the said assessor for each collection district is hereby authorized, at any time within fifteen days from and after the expiration of the time allowed for notification as aforesaid, to hear and determine, in a summary way, according to law and right, upon any and all appeals which may be exhibited against the pro ceedings of the said assistant assessors : Provided, That the question to be determined by the assessor, on an appeal respecting the valuation or enu meration of property, or objects liable to duty or taxation, shall be, whether the valuation complained of be or be not in a just relation or proportion to other valuations in the same assessment district, and whether the enumera tion be or be not correct. And all appeals to the assessor, as aforesaid, shall be made in writing, and shall specify the particular cause, matter, or thing respecting which a decision is requested; and shall, moreover, state the ground or principle of inequality or error complained of. And the assessor shall have power to re examine and equalize the valuations as shall appear just and equitable; but no valuation or enumeration shall be increased with out a previous notice, of at least five days, to the party interested, to appear and object to the same, if he judge proper; which notice shall be given by a note in writing, to be left at the dwelling-house, office, or place of busi ness of the party by such assessor or an assistant assessor. S ec. 16. A nd be it further enacted, That the said assessors of each col lection district, respectively, shall, immediately after the expiration of the time for hearing appeals, and, from time to time, as duties, taxes, or licenses become liable to be assessed, make out lists containing the sums payable ac cording to the provisions of Ibis act upon every object of duty or taxation in and fur each collection district, which lists shall contain the name of each 230 Laws Relatinq to the Excise Tax. person residing within the said district, owning or having the care or super intendence of property lying within the said district which is liable to the said tax, or engaged in any business or pursuit requiring a license, when such person or persons are known, together with the sums payable by each ; and where there is any property within any collection district liable to the payment of the said duty or tax, not owned or occupied by or under the superintendence of any person resident therein, there shall be a separate list of such property, specifying the sum payable, and the names of the respec tive proprietors, where known. And the assistant assessor making out any such separate list shall transmit therefrom to the assistant assessor, where the persons liable to pay such tax reside or shall have their principal place of business, copies of the list of property held by persons so liable to pay such tax, to the end that the taxes assessed under the provisions of this act may be paid within the collection district where the persons liable to pay the same may reside, or may have their principal place of business. And in all other cases the said assessor shall furnish to the collectors of the several collection districts, respectively, within ten days after the time of hear ing appeals, and from time to time thereafter as required, a certified copy of such list or lists for their proper collection districts; and in default of performance of the duties enjoined upon assessors by this section, they shall severally and individually forfeit and pay the sum of five hundred dollars to the use of the United States, and, moreover, shall forfeit their compen sation as assessors : Provided, That it shall be in the power of the Com missioner of Internal Revenue to exonerate any assessor, as aforesaid, from such forfeitures, in whole or in part, as to him shall appear just and equitable. S e c . 1 7. A nd be it further enacted, That there shall be allowed and paid to the several assessors and assistant assessors, for their services under this act—to each assessor three dollars per day for every day employed in mak ing the necessary arrangements and giving the necessary instructions to the assistant assessors for the valuation; and five dollars per day for every day employed in hearing appeals, revising valuations, and making out lists agree ably to the provisions of this a c t; and one dollar for every hundred taxable persons contained in the tax list, as delivered by him to said collectors, and forwarded to the Commissioner of Internal Revenue; to each assistant as sessor three dollars for every day actually employed in collecting lists and making valuations, the number of days necessary for that purpose to be certified by the assessor and approved by the Commissioner of Internal Revenue ; and one dollar for every hundred taxable persons contained in the tax list, as completed and delivered by him to the assessor. And the said assessors and assistant assessors, respectively, shall also be allowed their necessary and reasonable charges for stationery and blank books used in the execution of their duties, and the compensation herein specified shall be in full for all expenses not otherwise particularly authorized : Provided, The Secretary of the Treasury shall be, and he is hereby, authorized to fix such additional rates of compensation to be made to assessors and assistant assessors in the States of California and Oregon and the Territories as may appear to him to be just and equitable, in consequence of the greater cost of living and traveling in those States and Territories, and as may, in his judgment, be necessary to secure the services of competent and efficient men, provided the rates of compensation thus allowed shall not exceed the rates paid to similar officers in such States and Territories, respectively. In cases 1862.] Laws Relating to the Excise Tax. 231 where a collection district embraces more than a single congressional district, the Secretary of the Treasury may allow the assessor such compensation as he may deem necessary. S ec . 18. A nd be it further enacted, That each collector, on receiving a list, as aforesaid, and from time to time as such lists may be received from the said assessors, respectively, shall subscribe three receipts ; one of which shall be given on a full and correct copy of such list, which list shall be de livered by him to, and shall remain with, the assessor of his collection dis trict, and shall be open to the inspection of any person who may apply to inspect the same ; and the other two receipts shall be given on aggregate statements of the lists aforesaid, exhibiting the gross amount of taxes to be collected in his collection district, one of which Aggregate statements and. receipts shall be transmitted to the Commissioner of Internal Revenue, and the other to the First Controller of the Treasury ; and all lists received from time to time, as aforesaid, shall be in like form and manner transmit ted as aforesaid. S ec . 19. A nd be it further enacted, That each of said collectors shall, within ten days after receiving his annual collection list from the assessors, respectively, as aforesaid, give notice, by advertisement published in each county in his collection district, in one newspaper printed in such county, if any such there be, and by notifications to be posted up in at least four pub lic places in each county in his collection district, that the said duties have become due and payable, and state the time and place within said county at which he will attend to receive the same, which time shall not be less than ten days after such notification ; and all persons who shall neglect to pay the duties and taxes so as aforesaid assessed upon them, to the collector within the time specified, shall be liable to pay ten per centum additional upon the amount thereof, the fact of which liability shall be stated in the advertisement and notifications aforesaid. And with regard to all persons who shall neglect to pay, as aforesaid, it shall be the duty of the collector, in person or by deputy, within twenty days after such neglect, to make a demand personally, or at the dwellings or usual places of business of such persons, if any they have, for payment of said duties or taxes, with the ten per centum additional aforesaid. And with respect to all such duties or taxes as are not included in the annual lists aforesaid, and all taxes and duties the collection of which is not otherwise provided for in this act, it shall be the duty of each collector, in person or by deputy, to demand payment thereof, in manner aforesaid, within ten days from and after receiving the list thereof from the assessor; and if the annual and other duties shall not be paid within ten days from and after such demand thereof, it shall be lawful for such collector or his deputies to proceed to collect the said duties or taxes, with ten per centum additional thereto, as aforesaid, by distraint and sale of the goods, chattels, or effects of the persons delinquent, as aforesaid. And in case of such distraint, it shall be the duty of the officer charged with the collection to make, or cause to be made, an account of the goods or chatties 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, chat tels, 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 pub lished in some newspaper within the county wherein said distraint is made, if there is a newspaper published in said county, or to be publicly posted 232 Laws Relating to the Excise Tax. [September, up at tbe post office, if there be one within five miles, nearest to the resi dence of the person whose property shall be distrained, and in not less than two other public places, which notice shall specify the articles distrained, and the time and place for the sale thereof, which time shall not be less than ten nor more than twenty 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 duties or taxes aforesaid, the goods, chattels, or effects so distrained shall, and may be restored to the owner or possessor, if prior to the sale payment of the amount due, 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 rea sonable expense of removing, advertising, and keeping the goods, chatties, or effects so distrained as may be prescribed by the Commissioner of Internal Revenue; 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 auc tion, and shall and may retain from the proceeds of such sale the amouut demandable for the use of the United States, with the necessary and rea sonable 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 per son whose goods, chattels, or effects shall have been distrained : Provided, That there shall be exempt from distraint the tools or implements of a trade or profession, one cow, arms, and provisions, and household furniture kept for use, and apparel necessary for a family. S e c . 20. A nd be it further enacted, That in all cases where the property liable to distraint for duties or taxes 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 prop erty shall be sold, and the surplus of the proceeds of the sale, after satisfy ing the duty or tax, costs, and charges, shall be paid to the owner of the property, or his, her, or their legal representatives, or if he, she, 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, her, or their legal representatives, until he, she, or they shall make application therefor to the Secretary ot the Treasury, who, upon such application, shall, by warrant on the treasury, cause the same to be paid to the applicant. And if the property advertised for sale, as aforesaid, cannot be sold for the amount of the duty or tax due thereon, with the costs and charges, the collector shall purchase the same in behalf of the United States for an amount not exceeding the said tax or duty, with the costs and charges thereon. Arid all property so purchased may be sold by said collector under such regulations as may be prescribed by the Com missioner of Internal Revenue. And the collector shall render a distinct account of all charges incurred in the sale of such property, and shall pay into the treasury the surplus, if any there be, after defraying the charges. S ec . 21. A nd be it further enacted, That in any case where goods, chat tels, or effects sufficient to satisfy the duties imposed by this act upon any person liable to pay the same shall not be found by the collector or deputy collector, whose duty it may be to collect the same, he is hereby authorized to collect the same by seizure and sale of real estate; and the officer mak ing such seizure and sale shall give notice to the person whose estate is pro 1862 ] Laws Relating to the Excise Tax. 233 posed to be sold, by giving him in hand, or leaving at his last and usual place of abode, if he has any such within the collection district where said estate is situated, a notice, in writing, stating what particular estate is pro posed to be sold, describing the same with reasonable certainty, and the time when and place where said officer proposes to sell the sam e; which time shall not be less than ten nor more than twenty days from the time of giving said notice ; and the said officer shall also cause a notification to the same effect to be published in some newspaper within the county where such seizure is made, if any such there be, and shall also cause a like notice to be posted up at the post office nearest to the place of residence of the per son whose estate shall be so seized, and in two other public places within the county; and the place of said sale shall not be more than five miles distant from the estate seized. At the time and place appointed, the officer making such seizure shall proceed to sell the said estate at public auction, offering the same at a minimum price, including the amount of duties with the ten per centum additional thereon, and all charges for advertising, and an officer’s fee of ten dollars. And if no person offers for said estate the amount of said minimum, the officer shall declare the same to be purchased by him for the United States, and shall deposit with the district attorney of the United States a deed thereof, as hereinafter specified and provided; otherwise the same shall be declared to be sold to the highest bidder. And said sale may be adjourned by said officer for a period not exceeding five days, if he shall think it advisable so to do. If the amount bid shall not be then and there paid, the officer shall forthwith proceed to again sell said estate in the same manner. If the amount bid shall be then and there paid, the officer shall give his receipt therefor, if requested, and within five days thereafter he shall make out a deed of the estate so sold to the purchaser thereof, and execute the same in his official capacity, in the manner pre scribed by the laws of the State in which said estate may [be] situated, in which said deed shall be recited the fact of said seizure and sale, with the cause thereof, the amount of duty for which said sale was made, and of all charges and fees, and the amount paid by the purchaser, and all his acts and doings in relation to said seizure and sale, and shall have the same ready for delivery to said purchaser, and shall deliver the same accordingly, upon request therefor. And said deed shall be prima facie evidence of the truth of the facts stated therein; and if the proceedings of the officer as set forth have been substantially in pursuance of the provisions of this act, shall be considered and operate as a conveyance to the purchaser of the title to said estate, but shall not affect the rights of third persons acquired previ ously to the claim of the United States under this act. The surplus, if any, arising from such sale shall be disposed of as provided in this act for like cases arising upon sales of personal property. And any person whose es tate may be seized for duties, as aforesaid, shall have the same right to pay or tender the amount due, with all proper charges thereon, prior to the sale thereof, and thereupon to relieve his said estate from sale, as aforesaid, as is provided in this act for personal property similarly situated. And any col lector or deputy collector may, for the collection of duties imposed upon any person by this act, and committed to him for collection, seize and sell the lands of such person situated in any other collection district within the State in which said officer resides; and his proceedings in relation thereto shall have the same effect as if the same were had in his proper collection district; and the owners, their heirs, executors, or administrators, or any person having an 234 Laws Relating to the Excise Tax. [September, interest therein, or any person on their behalf, shall have liberty to redeem the land sold, as aforesaid, within one year from and after recording the said deed, upon payment to the purchaser, or in case he cannot be found in the county where the lands are situate, to the collector for the use of the purchaser, his heirs, or assigns, of the amount paid, by the purchaser, with interest on the same at the rate of twenty per centum per annum. And it shall be the duty of every collector to keep a record of all sales of land made in his collection district, whether by himself or his deputies, in which shall be set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed, and all proceedings in mak ing said sale, the amount of fees and expenses, the name of the purchaser, and the date of the deed ; which record shall be certified by the officer making the sale. And it shall be the duty of any deputy making sale, as aforesaid, to return a statement of ail his proceedings to the collector, and to certify the record thereof. And in case of the death or removal of the collector, or the expiration of his term of office from any other cause, said record shall be deposited in the office of the clerk of the district court of the United States for the district within which the said collector resided ; and a copy of every such record, certified by the collector, or by the clerk, as the case may require, shall be evidence in any court of the truth of the facts therein stated. And when any lands sold, as aforesaid, shall be re deemed as hereinbefore provided, the collector or clerk, as the case may be, shall make an entry of the fact upon the record aforesaid, and the said entry shall be evidence of such redemption. And the claim of the govern ment to lands sold under and by virtue of the foregoing provisions shall be held to have accrued at the time of seizure thereof. S ec . 22. A nd he it farther enacted, That if any collector shall find upon any lists of taxes returned to him for collection property lying within his district which is charged with any specific or ad valorem tax or duty, but which is not owned, occupied, or superintended by some person known to such collector to reside or have some place of business within the United States, such collector shall forthwith take such property into his custody, and shall advertise the same, and the tax charged upon the same, in some news paper published in his district, if any shall be published therein, otherwise in some newspaper in an adjoining district, for the space of thirty days; and if the taxes thereon, with all charges for advertising, shall not be paid within said thirty days, such collector shall proceed to sell the same, or so much as is necessary, in the manner provided for the sale of other goods distrained for the non-payment of taxes, and out of the proceeds shall satisfy all taxes charged upon such property, with the costs of advertising and selling the same. And like proceedings to those provided in the preceding section for the purchase and resale of property which cannot be sold for the amount of duty or tax due thereon shall be had with regard to property sold under the provisions of this section. And any surplus arising from any sale herein provided for, shall be paid into the treasury, for the benefit of the owner of the property. And the Secretary of the Treasury is authorized, in any case where money shall be paid into the treasury for the benefit of any owner of property sold, as aforesaid, to repay the same, on proper proof being fur nished that the person applying therefor is entitled to receive the same. S e c . 23. A nd he it further enacted, That the several collectors shall, at the expiration of each and every month, after they shall, respectively, com mence their collections, transmit to the Commissioner of Internal Revenue 1862.] Laws Relating to the Excise Tax. 235 a statement of the collections made by them, respectively, within the month, and pay over monthly, or at such time or times as may be required by the Commissioner of Internal Revenue, the moneys by them respectively col lected within the said term, and at such places as may be designated and required by the Commissioner of Internal Revenue; 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 account to the Treasury Department as often as he may be required, and within six months from and after the day when he shall have received the collection lists from the said assessors or assistant assessors, as aforesaid. And the Secretary of the Treasury is authorized to designate one or more depositories in each State, for the deposit and safe keeping of the moneys collected by virtue of this act; and the receipt of the proper officer of such depository to a collector for the money deposited by him shall be a sufficient voucher for such collector in the settlement of his accounts at the Treasury Department; and the Commissioner of Internal Revenue may, under the direction of the Secretary of the Treasury, prescribe such regulations with reference to such deposits as he may deem necessary. S eo . 24. And be it further enacted, That each collector shall be charged with the whole amount of taxes by him receipted, whether contained in lists delivered to him by the assessors, respectively, or delivered or transmitted to him by assistant assessors from time to time, or by other collectors; and shall be credited with the amount of duties or taxes contained in the lists transmitted in the manner above provided to other collectors, and by them receipted, as aforesaid ; and also for the duties or taxes of such persons as may have absconded, or become insolvent, prior to the day when the duty or 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 Oontr Her of the Treasury that due diligence was used by the collector, and that no property was left from which the duty or tax could have been recovered. And each collector shall also be credited with the amount of all property purchased by him for the use of the United States, provided he shall faith fully account for, and pay over, the proceeds thereof upon a resale of the same as required by this act. S ec . 26. A nd be it further enacted, That if any collector shall fail either to collect or to render his account, or to pay over in the manner or within the times hereinbefore provided, it shall be the duty of the First Controller 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 per sonal effects of the delinquent collector, giving at least five days notice of the time and place of sale, in the manner provided by law for advertising sales of personal property on execution in the State wherein such collector resides; and, furthermore, if such goods, 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 distress and sale of the goods and chattels, or any personal effects, of the 236 Laws Relating to the Excise Tax. [September, surety or sureties of the delinquent collector, giving notice as hereinbefore provided. And the bill of sale of the officer of any goods, chattels, or other personal property, distrained and sold as aforesaid, shall be conclusive evidence of title to the purchaser, and prim a facie evidence of the right of the officer to make such sale, and of the correctness of his proceedings in selling the same. And for want of goods and chattels, or other personal effects of such collector or his sureties, sufficient to satisfy any warrant of distress, issued pursuant to the preceding section of this act, the lands and real estate of such collector and his sureties, or so much thereof as may be necessary for satisfying the said warrant, after being advertised for at least three weeks in not less than three public places in the collection district, and in one newspaper printed in the county or district, if any there be, prior to the proposed time of sale, may and shall be sold at public auction by the marshal or his deputy, who, upon such sale, shall, as such marshal or dep uty marshal, make and deliver to the purchaser of the premises so sold a deed of conveyance thereof, to be executed and acknowledged in the man ner and form prescribed by the laws of the State in which said lands are situated, which said deed so made shall invest the purchaser with all the title and interest of the defendant or defendants named in said warrant ex isting at the time of seizure thereof. And all moneys that may remain of the proceeds of such sale after satisfying the said warrant of distress, and paying the reasonable costs and charges of sale, shall be returned to the proprietor of the lands or real estate sold as aforesaid. S e c . 26. A nd be it further enacted, That each and every collector, or his deputy, who shall exercise or be guilty of any extortion or wilful oppres sion, under color of this act, or shall knowingly demand other or greater sums than shall be authorized by this act, shall be liable to pay a sum not exceeding double the amount of damages accruing to the party injured, to be recovered by and for the use of the party injured, with costs of suit, and shall be dismissed from office, and be disqualified from holding such office thereafter; and each and every collector, or his deputies, shall give receipts for all sums by them collected and retained in pursuance of this act. S e c . 27. A nd be it further enacted, That a collector or deputy collector, assessor or assistant assessor, shall be authorized to enter, in the daytime, any brewery, distillery, manufactory, building, or place where any property, articles, or objects, subject to duty or taxation under the provisoes of this act, are made, produced, or kept, within his district, so far as may be neces sary for the purpose of examining said property, articles, or objects, or in specting the accounts required by this act from time to time to be made. And every owner of such brewery, distillery, manufactory, building, or place, or person having the agency or superintendence of the same, who shall re fuse to admit such officer, or to suffer him to examine said property, arti cles, or objects, or to inspect said accounts, shall, for every such refusal, for feit and pay the sum of five hundred dollars. S e c . 28. A nd be it further enacted, That if any person shall forcibly ob struct or hinder a collector or deputy collector in the execution of this act, or of any power and authority hereby vested in him, or shall forcibly res cue, or cause to be rescued, any property, articles, or objects, after the same shall have been seized by him, or shall attempt or endeavor so to do, the person so offending shall, for every such offence, forfeit and pay the sum of five hundred dollars. S e c . 29. A nd be it further enacted, That in case of the sickness or tem- 1862.} Laws Relating to the Excise Tax. 231 porary disability or a collector to discharge such of his duties as cannot un der existing laws be discharged by a deputy, they raav be devolved by him upon one of his deputies : Provided, That information thereof be imme diately communicated to the Secretary of the Treasury, and shall not be disapproved by him,: A nd provided, further, That the responsibility of the collector or his sureties to the United States shall not be affected or impaired thereby. S ec. 30. A nd be it further enacted, That in case a collector shall die, resign, or be removed, the deputies of such collector shall continue to act until their successors are appointed ; and the deputy of such collector long est in service at the time immediately preceding may and shall, until a suc cessor shall be appointed, discharge all the duties of said collector; and for the official acts and defaults of such deputy a remedy shall be had on the official bond of the collector, as in other cases; and of two or more deputy collectors, appointed on the same day, the one residing nearest the residence of the collector at the time of his death, resignation, or removal, shall in like manner discharge the said duties until the appointment of a successor; and any bond or security taken of such deputy by such collector, pursuant to the fifth section of this act, shall be available to his heirs or representa tives to indemnify them for loss or damage accruing from any act of the proper deputy so continuing or so succeeding to the duties of such collector. S ec. 31. A nd be it further enacted, That it shall be the duty of the col lectors aforesaid, or their deputies, in their respective districts, and they are hereby authorized, to collect all the duties and taxes imposed by this act, however the same may be designated, and to prosecute for the recovery of the same, and for the recovery of any sum or sums which may be forfeited by virtue of this act; and all fines, penalties, and forfeitures which may be incurred or imposed by virtue of this act shall and may be sued for and recovered, in the name of the United States, or of the collector within whose district any such fine, penalty, or forfeiture shall have been incurred, in any proper form of action, or by any appropriate form of proceeding, before any circuit or district court of the United States for the district within which said fine, penalty, or forfeiture may have been incurred, or before any other court of competent jurisdiction ; and where not otherwise and dif ferently provided for, one moiety thereof shall be to the use of the United States, and the other moiety thereof to the use of the person who, if a col lector or deputy collector, shall first inform of the cause, matter, or thing whereby any such fine, penalty, or forfeiture was incurred. S ec . 32. A nd be it further enacted, That if any person, in any case, matter, hearing, or other proceeding in which an oath or affirmation shall be required to be taken or administered under and by virtue of this act, shall, upon the taking of such oath or affirmation, knowingly and willingly swear or affirm falsely, every person so offending shall be deemed guilty of perjury, and shall on conviction thereof, be subject to the like punishment and penalties now provided by the laws of the United States for the crime of perjury. S e c . 33. A nd be it further enacted, That separate accounts shall be kept at the treasury of all moneys received from internal duties or taxes in each of the respective States, Territories, and collection districts ; and that sepa rate accounts shall be kept of the amount of each species of duty or tax that shall accrue, so as to exhibit, as far as may be, the amount collected from each source of revenue, with the moneys paid to the collectors and 238 Laws Relating to the Excise Tax. [September, deputy collectors, aDd to the other officers employed in each of the respec tive States, Territories, and collection districts, an abstract in tabular form of which accounts it shall be the duty of the Secretary of the Treasury, an nually, in the month of December, to lay before Congress. S ec . o4. A nd he it further enacted, That there shall,be allowed to the collectors appointed under this act, in full compensation for their services and that of their deputies in carrying this act into effect, a commission of four per centum upon the first hundred thousand dollars, and two per cent um upon all sums above one hundred thousand dollars; such commissions to be computed upon the amounts by them respectively paid over and ac counted for under the instructions of the Treasury Department: Provided, That in no case shall such commissions exceed the sum of ten thousand dollars per annum, except as hereinafter provided. And there shall be fur ther allowed to each collector his necessary and reasonable charges for sta tionery and blank books used in the performance of his official duties, which, after being duly examined and certified by the Commissioner of Internal Revenue, shall be paid out of the treasury: Provided, That the Secretary of the Treasury be authorized to make such further allowance as may be reasonable in cases in which, from the territorial extent of the district or from the amount of internal duties collected, it may seem just to make such allowance; but the whole compensation shall not exceed ten thousand dol lars, except in collection districts embracing more than one congressional district. S ec . 35. A nd he it further enacted, That when any duty or tax shall have been paid by levy and distraint, any person or persons or party who may feel aggrieved thereby may apply to the assessor of the dbtrict for relief, and exhibit such evidence as he, she, or they may have of the wrong done, or supposed to have been done, and after a full investigation the asses sor shall report the case, with such parts of the evidence as he may judge material, including also such as may be regarded material by the party ag grieved, to the Commissioner of Internal Revenue, who may, if it shall be made to appear to him that such duty or tax was levied or collected, in whole or in part, wrongfully or unjustly, certify the amount wrongfully and unjustly levied or collected, and the same shall be refunded and paid to the person or persons or party as aforesaid, from any moneys in the treasury not otherwise appropriated, upon the presentation of such certificate to the proper officer thereof. S ec . 36. A nd be it further enacted, That in all cases of distraint and sale of goods, or chattels, for non-payment of taxes provided for in this act, the bill of sale of such goods or chattels given by the officer making such sale to the purchaser thereof shall be conclusive evidence of the right of the officer to make such sale, and of the correctness of his proceedings in selling the same. S e c . 37. A nd be it further enacted, That if for any cause, at any time after this act goes into operation, the laws of the United States cannot be executed in a State or Territory of the United States, or any part thereof, or within the District of Columbia, it shall be the duty of the President, and he is hereby authorized, to proceed to execute the provisions of this act within the limits of such State or Territory, or part thereof, or District of Columbia, so soon as the authority of the United States therein shall be re established, and to collect the sums which would have been due from the persons residing or holding property, goods, wares, or merchandise, object 1862.] Laws Relating to the Excise Tax. 239 or article therein liable to any duty, license, or tax, with interest at the rate of six per centum per annum thereon from the time such duty, license, or tax ought to have been paid until paid in the manner and under the regu lations prescribed in this act, so far as applicable, and where not applicable the assessment and levy shall be made and the time and manner of collec tion regulated by the instructions and directions of the Commissioner of In ternal Revenue, under the direction of the Secretary of the Treasury. S ec . 38. A nd be it further enacted, That the officers who may be ap pointed under this act, except within those districts within any State or Ter ritory which have been or may be otherwise specially provided for by law, shall be, and hereby are, authorized, in all cases where the par ment of such tax has not been assumed by the State, to perform all the duties relating to or regarding the assessment and collection of the direct tax imposed by an act entitled “ An act to provide increased revenue from imports to pay interest on the public debt, and for other purposes,” approved August fifth, eighteen hundred and sixty-one, or any direct tax which may be hereafter enacted: Provided, That the sum of nineteen thousand three hundred and twelve dollars, direct tax, laid upon the Territory of Nebraska by said act, shall be paid and satisfied by deducting said amount from the appropriation for legislative expenses of the Territory of Nebraska for the year ending thirtieth of June, eighteen hundred and sixty-three, and no further claim shall be made by said Territory for legislative expenses for said year: P ro vided, further, That the State of Tennessee shall have until the first day of December next to assume the payment of her portion of said tax. S P IR IT S , A L E , B E E R , A N D P O R T E R . S e c . 39. A nd be it further enacted, That it shall be the duty of the col lectors, within their respective districts, to grant licenses for distilling, which licenses shall contain tin date thereof, the sum paid, and the time when the same will expire, and shall be granted to any person, being a resident of the United States, who shall desire the same, by application, in writing, to such collector, upon payment of the sum or duty payable by this act upon each license requested. And at the time of applying for said license, and before the same is issued, the person so applying shall give bond to the United States in such sum as shall be required by the collector, and with one or more sureties, to be approved by said collector conditioned that in case any additional still or stills, or other implements to be used as aforesaid, shall be erected by him, his agent or superintendent, he will, before using, or caus ing or permitting the same to be used, report in writing to the said collector the capacity thereof, and information from time to time of any change in the form, capacity, ownership, agency, or superintendence, which all or either of the said stills or implements may undergo; and that he will, from day to day, enter, or cause to be entered, in a book to be kept for that pur pose, the number of gallons of spirits that may be distilled by said still or stills, or other implements, and also of the quantities of grain or other veg etable productions, or other substances put into the mash tub, or otherwise used by him, his agent or superintendent, for the purpose of producing spirits, which said book shall be open at all times during the day (Sundays excepted) to the inspection of the said collector, who may make any memo randums or transcripts therefrom : and that he will render to the said col lector, on the first, tenth, and twentieth days of each and every month, or 240 Laws Relating to the Excise Tax. [September, within five days thereafter, during the continuance of said license, an exact account, in writing, taken from his books, of the number of gallons of spirits distilled and sold, or removed for consumption or sale, by him, his agent, or superintendent, and the proof thereof, and also of the quantities of grain or other vegetable productions, or other substances, put into the mash tub, or otherwise used by him, his agent, or superintendent, for the purpose of producing spirits, for the period or fractional part of a month then next preceding the date of said report, which said report shall be verified by af fidavit in the manner prescribed by this act; and that he will not sell or permit to be sold, or removed for consumption or sale, any spirits distilled by him under and by virtue of said license, until the same shall have been inspected, gauged, and proved, and the quantity thereof duly entered upon his books as aforesaid ; and that he will, at the time of rendering said ac count, pay to the said collector the duties which by this act are imposed on the spirits so distilled ; and the said bond may be renewed or changed, from time to time, in regard to the amount and sureties thereof, according to the discretion of the collector. S ec. 40. A nd he it further enacted, That the application in writing made by any person for a license for distilling, as aforesaid, shall state the place of distilling, the number and capacity of the still or stills, boiler or boilers, and the name of the person, firm, company or corporation using the same; and any person making a false statement in either of the said particulars shall forfeit and pay the sum of one hundred dollars, to be recovered with costs of suit. S e c . 41. A nd he it further enacted, That in addition to the duties pay able for licenses herein provided, there shall be paid, on all spirits that may be distilled and sold, or removed for consumption or sale, of first proof, on and after the first day of August, eighteen hundred and sixty-two, the duty of twenty cents on each and every gallon, which shall be paid by the owner, agent, or superintendent of the still or other vessel in which the said spirit uous liquors shall have been distilled; which duty shall be paid at the time of rendering the accounts of spirituous liquors so chargeable with duty, re quired to be rendered by this a c t: Provided, That the duty on spirituous liquors and all other spirituous beverages enumerated in this act shall be collected at no lower rate than the basis of first proof, and shall be increased in proportion for any greater strength than the strength of proof. S e c . 42. A nd he it further enacted, That the term first proof used in this act and in section six of the act of March second, eighteen hundred and sixty-one, entitled, “ An act to provide for the payment of outstanding treas ury notes, to authorize a loan, to regulate and fix the duties on imports, and for other purposes,” shall be construed, and is hereby declared to mean, that proof of a liquor which corresponds to fifty degrees of Tralles’ centesimal hydrometer, adopted by regulation of the Treasury Department, of August twelfth, eighteen hundred and fifty, at the temperature of sixty degrees of Fahrenheit’s thermometer; and that in reducing the temperatures to the standard of sixty, and in levying duties on liquors above and below proof, the table of commercial values, contained in the manual for inspectors of spirits, prepared by Professor M cCulloh, under the superintendence of Professor B a c h e , and adopted by the Treasury Department, shall be used and taken as giving the proportions of absolute alcohol in the liquids gauged and proved according to which duties shall be levied. S e c . 43. A nd be it further enacted, That there shall be designated by 1862 .] L a w s R e la t i n g to th e E x c is e T a x . 241 the collector in every assessment district where the same may be necessary one or more inspectors, who shall take an oath faithfully to perform their duties in such form as the Commissioner of Internal Revenue shall prescribe, and who shall be entitled to receive such fees as may be fixed and prescribed by said commissioner. And all spirits distilled as aforesaid by any person licensed as aforesaid shall, before the same is used, or removed for consump tion or sale, be inspected, gauged, and proved by some person so as aforesaid designated for the performance of such duties, and who shall mark upon the cask or other package containing such spirits, in a manner to be prescribed by said commissioner, the quantity and proof of the contents of such cask or package, with the date of inspection and the name of the inspector. And any person who shall attempt fraudulently to evade the payment of duties upon any spirits distilled as aforesaid, by changing in any manner the mark upon any such cask or package, shall forfeit the sum of five hundred dollars for each cask or package so altered or changed, to be recovered as hereinbe fore provided. And the fees of such inspector shall in all cases be paid by the owner of the spirits so inspected, gauged, and proved. And any such in spector who shall knowingly put upon any such cask or package any false or fraudulent mark shall be liable to the same penalty hereinbefore provided for each cask or package so fraudulently marked. And any person who shall use any cask or package so marked, for the purpose of selling spirits of a quality different from that so inspected, shall be subject to a like penalty for each cask or package so used. S ec . 44. A nd be it further enacted, That the owner or owners of any distillery may erect, at his or their own expense, a warehouse of iron, stone, or brick, with metal or other fire-proof roof, to be contiguous to such dis tillery ; and such warehouse, when approved by the collector, is hereby de clared a bonded warehouse of the United States, and shall be used only for storing distilled spirits, and to be under the custody of the collector or his deputy. And the duty on the spirits stored in such warehouse shall be paid when and as it is sold or removed from such warehouse for sale. S e c . 45. A nd be it further enacted, That every person who, on the first day of August, eighteen hundred and sixty-two, shall be the owner of any still, boiler, or other vessel, used or intended to be used for the purpose of distilling spirituous liquors, as hereinbefore provided, or who shall have such still, boiler, or other vessel under his superintendence, either as agent for the owner or on his own account, and every person who, after said day, shall use or intend to use any still, boiler, or other vessel, as aforesaid, either as owner, agent, or otherwise, shall from day to day make true and exact en try, or cause to be entered, in a book to be kept by him for that purpose, the number of gallons of spirituous liquors distilled by him, and also the number of gallons sold, or removed for consumption or sale, and the proof thereof, which book shall always be open in the daytime, Sundays excepted, for the inspection of the said collector, who may take any minutes, memo randums, or transcripts thereof, and shall render to said collector, on the first, tenth, and twentieth days of each and every month in each year, or within five days thereafter, a general account in writing, taken from his books, of the number of gallons of spirituous liquors distilled and sold, or removed for consumption or sale, and the proof thereof, for the period or fractional part of a month preceding said day, or for such portion thereof as may have elapsed from the date of said entry and report to the said day which shall next ensue ; and shall also keep a book, or books, in a form to be prev o l . x l v ii .— NO. III. 16 242 L a w s R e la tin g to the E x c is e T a x . [September, scribed by the Commissioner of Internal Revenue, and to be open at all seasonable hours for inspection by the collector and assessor of the district, wherein shall be entered, from day to day, the quantities of grain, or other vegetable productions, or other substances put into the mash tub by him, his agent, or superintendent, for the purpose of producing spirits; and shall verify or cause to be verified the said entries, reports, books, and general ac counts, by oath or affirmation, to be taken before the collector or some other officer authorized by the laws of the State to administer the same according to the form required by this act, where the same is prescribed ; and shall also pay to the collector the duties which by this act ought to be paid on the spirituous liquors so distilled and sold, or removed for consumption or sale, and in said accounts mentioned, at the time of rendering an account thereof. S ec. 46. A nd he it further enacted, That the collector of any district may grant a permit to the owner or owners of any distillery within his dis trict to send or ship any spirits, the product of said distillery, after the quantity and proof thereof shall have been ascertained by inspection ac cording to the provisions of this act, to any place without said district and within the United States; and in such case the bill of lading or receipt (which shall be in such form as the Commissioner of Internal Revenue may direct) of the same shall be taken in the name of the collector of the dis trict in which the distillery is situate, and the spirits aforesaid shall be con signed, in such bill of lading or receipt, to the collector of the district in which the place is situate, whither the spirits is sent or shipped, and the amount of duties upon said spirits shall be stated in the receipt; and upon the arrival of the spirits, and upon the demand of the collector aforesaid, the agent of the distillery (and the name of the agent, for the convenience of the collector, shall always appear in the bill of lading or receipt,) shall pay the duties upon the said spirits, with the expense of freight, and every other expense which has accrued thereupon; and the said collector, upon the payment of the duties aforesaid, shall deliver the bill of lading or receipt and the spirits to the agent of the said distillery ; and if the duties are not paid, as aforesaid, then the said spirits shall be stored at the risk and cost of the owner or agent thereof, who shall pay an addition of ten per centum thereupon ; and all the general provisions of this act, in reference to liens, penalties, and forfeitures, as also in reference to the collection, shall apply thereto, and be enforced by the collector of the district in which the spirits may b e : Provided, That no permit shall be granted, under this section, for a quantity less than fifty barrels : And provided, further, That the Com missioner of Internal Revenue, under the direction of the Secretary of the Treasury, may make such further regulations and require such further se curities as he may deem proper, in order to protect the revenue and to carry out the spirit and intent of this section. S eo. 47. And he it further enacted, That distilled spirits may be removed from the place of manufacture for the purpose of being exported, or for the purpose of being re-distilled for export, and refined coal oil may be removed for the purpose of being exported, after the quantity of spirits or oil so re moved shall have been ascertained by inspection, according to the provi sions of this act, upon and with the written permission of the collector or deputy collector of the district, without payment of the duties thereon pre vious to such removal, the owner thereof having first given bond to the United States, with sufficient sureties, in the manner and form and under 1862.] L a w s R e la t i n g to th e E x c is e T a x . 243 regulations prescribed by the Commissioner of Internal Revenue, and in at least double the amount of said duties, to export the said spirits or oil or pay the duties thereon within such time as may be prescribed by the Com missioner, which time shall be stated in said bond : Provided, That any person desiring to give such bond shall first make oath, before the collector or deputy collector to whom he may apply for a permit to remove any such spirits or oil, in manner and form to be prescribed by said Commissioner, that he intends to export such liquors or oil, and that he desires to obtain said permit for no other purpose whatever; and any collector or deputy col lector is hereby authorized to administer such oath: And provided, further, That no such removal shall be permitted where the amount of duties does not exceed the sum of three hundred dollars, nor in any case where the person desiring such permission has failed to perform the obligation of any bond previously given to the United States for the removal of any such articles, until the same shall have been fully kept and performed. And the collector of the district in which any such bond may be given is authorized to cancel said bond on payment of said duties, with interest thereon, at a rate to be fixed by said Commissioner, and all proper charges, if said liquors or oil shall not have been exported, or upon satisfactory proof that the same have been duly exported, as aforesaid. And in case of the breach of the obligation of any such bond, the same shall be forthwith forwarded by the collector of the district to the Commissioner of Internal Revenue, to be by him placed in the hands of the First Controller of the Treasury, who shall cause the same proceedings to be taken thereon for the purpose of collecting the duties, interest, and charges aforesaid, as are provided in this act in case of a delinquent collector. S ec. 48. A nd he it further enacted, That the entries made in the books of'the distiller, required to be kept in the foregoing section, shall, on the first, tenth, and twentieth days of each and every month, or within five days thereafter, be verified by oath or affirmation, to be taken as aforesaid, of the person or persons by whom such entries shall have been made, which oath or affirmation shall be certified at the end of such entries by the col lector or officer administering the same, and shall be, in substance, as fol lows : “ I do swear (or affirm) that the foregoing entries were made by me on the respective days specified, and that they state, according to the best of my knowledge and belief, the whole quantity of spirituous liquors dis tilled and sold, or removed for consumption or sale, at the distillery owned b y --------- , in the county o f --------- , amounting t o --------- gallons, accord ing to proof prescribed by the laws of the United States.” S ec. 49. A nd he it further enacted, That the owner, agent, or superinten dent aforesaid, shall, in case the original entries required to be made in his books by this act shall not have been made by himself, subjoin to the oath or affirmation of the person by whom they were made the following oath or affirmation, to be taken as aforesaid: “ I do swear (or affirm) that, to the best of my knowledge and belief, the foregoing entries are just and true, and that I have taken all the means in my power to make them so.” S ec. 60. A nd he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, there shall be paid on all beer, lager beer, ale, porter, and other similar fermented liquors, by whatever name such liquors may be called, a duty of one dollar for each and every barrel containing not more than thirty-one gallons, and at a like rate for any other quantity or for fractional parts of a barrel, which shall be brewed 244 L a w s R e la tin g to the E x c is e T a x . [S ep tem b er, or manufactured and sold or removed for consumption or sale within the United States or the Territories thereof, or within the District of Columbia after that day ; which duty shall be paid by the owner, agent, or superin tendent of the brewery or premises in which such fermented liquors shall be made, and shall be paid at the time of rendering the accounts of such fermented liquors so chargeable with duty, as required to be rendered by the following section of this act: Provided, That fractional parts of a bar rel shall be halves, quarters, eighths, and sixteenths, and any fractional part containing less than one-sixteenth shall be accounted one-sixteenth ; more than one-sixteentb, and not more than one-eighth, shall be accounted oneeighth : more than one-eighth, and not more than one-quarter, shall be ac counted one-quarter ; more than one-quarter, and not more than one-half, shall be accounted one-half; more than one-half shall be accounted one barrel. Sec. 51. A nd be it further enacted, That every person who, on said first day of August, eighteen hundred and sixty-two, shall be the owner or oc cupant of any brewery or premises used or intended to be used for the pur pose of brewing or making such fermented liquors, or who shall have such premises under his control or superintendence as agent for the owner or occupant, or shall have in his possession or custody any vessel or vessels intended to be used on said premises in the manufacture of beer, lager beer, ale, porter, or other similar fermented liquors, either as owner, agent, or otherwise, shall, from day to day, enter or cause to be entered in a book to be kept by him for that purpose, and which shall be open at all times, ex cept Sundays, between the rising and setting of the sun, for the inspection of said collector, who may take any minutes or memorandums or transcripts thereof, the quantities of grain, or other vegetable productions, or other substances, put into the mash tub, or otherwise used for the purpose of pro ducing beer, or for any other purpose, and the quantity or number of bar rels and fractional parts of barrels of fermented liquors made and sold, or removed for consumption or sale, keeping separate account of the several kinds and descriptions: and shall render to said collector, on the first day of each month in each year, or within ten days thereafter, a general account, in writiug, taken from his books, of the quantities of grain, or other vege table productions or other substances, put into the mash tub, or otherwise used for the purpose of producing beer, or for any other purpose, and the quantity or number of barrels and fractional parts of barrels of each kind of fermented liquors made and sold, or removed for consumption or sale, for one month preceding said day, and shall verify, or cause to be verified, the said entries, reports, books, and general accounts, on oath or affirmation, to be taken before the collector or some officer authorized by the laws of the State to administer the same according to the form required by this act where the same is prescribed; and shall also pay to the said collector the duties which, by this act, ought to be paid on the liquor made and sold, or removed for consumption or sale, and in the said accounts mentioned, at the time of rendering the account thereof, as aforesaid. But where the manu facturer of any beer, lager beer, or ale, manufactures the same in one col lection district, and owns or hires a depot or warehouse for the storage and sale of such beer, lager beer, or ale in another collection district, he may, instead of paying to the collector of the district where the same was manu factured the duties chargeable thereon, present to such collector or his deputy an invoice of the quantity or number of barrels about to be removed 1862 .] L a w s R e la tin g to the E x c is e T a x . 245 for the purpose of storage and sale, specifying in such invoice, with reason able certainty, the depot or warehouse in which he intends to place such beer, lager beer, or ale; and thereupon such collector or deputy shall in dorse on such invoice his permission for such removal, and shall, at the same time, transmit to the collector of the district in which such depot or ware house is situated a duplicate of such invoice; and thereafter the manu facturer of the beer, lager beer, or ale so removed shall render the same ac count, and pay the same duties, and be subject to the same liabilities and penalties as if the beer, lager beer, or ale so removed had been manufactured in the district. The Commissioner of Internal Revenue may prescribe such rules as he may deem necessary for the purpose of carrying the provisions of this section into effect. Sec. 52. A nd he it further enacted, That the entries made in the books required to be kept by the foregoing section shall, on said first day of each and every month, or within ten days thereafter be verified by the oath or affirmation, to be taken as aforesaid, of the person or persons by whom such entries shall have been made, which oath or affirmation shall be certified at the end of such entries by the collector or officer administering the same, and shall be, in substance, as follows: “ I do swear (or affirm) that the foregoing entries were made by me on the respective days specified, and that they state, according to the best of my knowledge and belief, the whole quantity of fermented liquors either brewed or brewed and sold at the brewery owned b y --------- , in the county o f ---------, amounting t o ------ barrels.” Sec. 53. A nd he it further enacted, That the owner, agent, or superin tendent aforesaid, shall, in case the original entries required to be made in his books shall not have been made by himself, subjoin to the oath or affir mation the following oath or affirmation, to be taken as aforesaid : “ I do swear (or affirm) that, to the best of knowledge and belief, the foregoing entries are just and true, and that I have taken all the means in my power to make them so.” S ec. 54. A nd he it further enacted, That the owner, agent, or superin tendent of any vessel or vessels used in making fermented liquors, or of any still, boiler, or other vessel used in the distillation of spirits on which duty is payable, who shall neglect or refuse to make true and exact entry and report of the same, or to do, or cause to be done, any of the things by this act required to be done, as aforesaid, shall forfeit for every such neglect or refusal all the liquors and spirits made by or for him, and all the vessels used in making the same, and the stills, boilers, and other vessels used in distillation, together with the sum of five hundred dollars, to be recovered with costs of su it; which said liquors or spirits, with the vessels containing the same, with all the vessels used in making the same, may be seized by any collector of internal duties, and held by him until a decision shall be had thereon according to law: Provided, That such seizure be made within thirty days after the cause for the same may have occurred, and that pro ceedings to enforce said forfeiture shall have been commenced by such col lector within twenty days after the seizure thereof. And the proceedings to enforce said forfeiture of said property shall be in the nature of a pro ceeding in rem, in the circuit or district court of the United States for the district where such seizure is made, or in any other court of competent jurisdiction. Sec. 55. A nd he it further enacted, That in all cases in which the duties 246 L a w s R e la t i n g to the E x c is e T a x . [September, aforesaid, payable on spirituous liquors distilled and sold, or removed for consumption or sale, or beer, lager beer, ale, porter, and other similar fer mented liquors, shall not be paid at the time of rendering the account of the same, as herein required, the person or persons chargeable therewith shall pay, in addition, ten per centum on the amount thereof; and, until such duties with such addition shall be paid, they shall be and remain a lien upon the distillery where such liquors have been distilled, or the brewery where such liquors have been brewed, and upon the stills, boilers, vats, and all other implements thereto belonging, until the same shall have been paid; and in case of refusal or neglect to pay said duties, with the addition, within ten days after the same shall have become payable, the amount thereof may be recovered by distraint and sale of the goods, chattels, and effects of the delinquent; and in case of such distraint, it shall be the duty of the officer charged with the collection to make, or cause to be made, an account of the goods, chattels, or effects 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, at his, her, or their dwelling, with a note of the sum demanded, and the time and place of sale; and said officer shall forthwith cause a notification to be published in some news paper, if any there be, within the county, and publicly posted up at the po«t office 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 proposed 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 every case of distraint for the payment of the duties aforesaid, the goods, chattels, or effects so distrained may and shall be re stored 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 collec tion, of the full amount demanded, together with such fee for levying and advertising, and such sum for the necessary and reasonable expenses of re moving and keeping the goods, chattels, and effects so distrained as may be allowed in like cases by the laws or practice of the State or Territory wherein the distraint shall have been m ade; but in case of. non-payment or neglect to tender, as aforesaid, the said officer shall proceed to sell the said goods, chatties, and effects at public auction, after due notice of the time and place of sale, and may and shall retain from the proceeds of such sale the amount demandable for the use of the United States, with the said necessary and reasonable expenses of said distraint and sale, as aforesaid, and a commis sion of five per centum thereon for his'own use; rendering the overplus, if any there be, to the person whose goods, chattels, and effects shall have been distrained. Sec. 56. A nd he it further enacted, That every person licensed, as afore said to distil spirituous liquors, or licensed as a brewer, shall, once in each month, upon the request of the assessor or assistant assessor for the district in which his business as a distiller or brewer may be carried on, respectively, furnish the said assessor or assistant assessor with an abstract of the entries upon his books, herein provided to be made, showing the amount of spirit uous liquor distilled and sold, or removed for consumption or sale, or of beer, lager beer, ale, porter, or other fermented liquor made and sold, or re moved for consumption or sale, during the preceding month, respectively ; 1862 .] L a w s R e la t i n g to th e E x c is e T a x . 241 the truth and correctness of which abstract shall be verified by the oath of the party so furnishing the same. And the said assessor or assistant assessor shall have the right to examine the books of such person for the purpose of ascertaining the correctness of such abstract. And for any neglect to furnish such abstract when requested, or refusal to furnish an examination of the books as aforesaid, the person so neglecting shall forfeit the sum of five hundred dollars. LICENSES. S ec . 57. A nd he it further enacted, That from and after the first day of August, eighteen hundred and sixty-two, no person, association of persons, or corporation, shall be engaged in, prosecute, or carry on, either of the trades or occupations mentioned in section sixty-four of this act, until he or they shall have obtained a license therefor in the manner hereinafter pro vided. S e c . 58. A n d he it further enacted, That every person, association of persons, partnership or corporation, desiring to obtain a license to engage in any of the trades or occupations named in the sixty-fourth section of this act, shall register with the assistant assessor of the assessment district in which he shall design to carry on such trade or occupation—first, his or their name or style; and in case of an association or partnership, the names of the several persons constituting such association or partnership and their places of residence; second, the trade or occupation for which a license is desired; third, the place where such trade or occupation is to be carried on ; fourth, if a rectifier, the number of barrels he designs to rectify; if a peddler, whether he designs to travel on foot, or with one, two, or more horses; if an innkeeper, the yearly rental of the house and property to be occupied for said purpose; or, if not rented, the assisstant assessor shall value the same. All of which facts shall be returned duly certified by such assistant assessor, both to the assessor and collector of the district; and thereupon, upon payment to the collector or deputy collector of the district the amount as hereinafter provided, such collector or deputy collector shall make out and deliver a license for such trade or occupation, which license shall continue in force for one year, at the place or premises described therein. S ec . 59. A nd he it further enacted, That if any person or persons shall exercise or carry on any trade or business hereinafter mentioned for the ex ercising or carrying on of which trade or business a license is required by this act, without taking out such license as in that behalf required, he, she, or they shall, for every such offence, respectively, forfeit a penalty equal to three times the amount of the duty or sum of money imposed for such license, one moiety thereof to the use of the United States, the other moi ety to the use of the person who, if a collector, shall first discover, and if other than a collector, shall first give information of the fact whereby said forfeiture was incurred. S ec . 60. A nd he it further enacted, That in every license to be taken out under or by authority of this act shall be contained and set forth the purpose, trade, or business for which such license is granted, and the true name and place of abode of the person or persons taking out the same; if for a rectifier, the quantity of spirits authorized to be rectified; if by a ped dler, whether authorized to travel on foot, or with one, or two, or more 248 L a w s R e la t i n g to the E x c is e T a x . [September, horses, the time for which such license is to run, and the true date or time of granting such license, and (except in the case of auctioneers and ped dlers) the place at which the trade or business for which such license is granted shall be carried on : Provided, That a license granted under this act shall not authorize the person or persons, association or corporation men tioned therein to exercise or carry on the trade or business specified in such license in any other place than that mentioned therein, but nothing herein contained shall prohibit the storage of goods, wares, or merchandise in other places than the place of business. Sec. 61. A nd he it further enacted, That in every case where more than one of the pursuits, employments, or occupations, hereinafter described, shall be pursued or carried on in the same place by the same person at the same time, except as therein mentioned, license must be taken out for each according to the rates severally prescribed. Sec. 62. A nd be it further enacted, That no auctioneer shall be author ized by virtue of his license as such auctioneer to sell any goods or other property at private sale; and if any such person shall sell any such goods' or commodities, as aforesaid, otherwise than by auction, without having taken out such license as aforesaid for that purpose, he or she shall be sub ject and liable to the penalty in that behalf imposed upon persons dealing in or retailing, trading, or selling any such goods or commodities without license, notwithstanding any license to him or her before granted, as afore said, for the purpose of exercising or carrying on the trade or business of an auctioneer, or selling any goods or chattels, lands, tenements, or heredi taments by auction, anything herein contained to the contrary notwithstand ing : Provided, always, That where such goods or commodities as aforesaid are the property of any person or persons duly licensed to deal in or retail, or trade in, or sell the same, such person or persons having made lawful entry of his, her, or their house or premises for such purpose, it shall and may be lawful for any person exercising or carrying on the trade or business of an auctioneer, or selling any goods or chattels, lands, tenements, or heredi taments, by auction as aforesaid, being duly licensed for that purpose, to sell such goods or commodities as aforesaid, at auction, for and on behalf of such person or persons, and upon his, her, or their entered house or premises, without taking out a separate license for such sale. The provisions of this section shall not apply to judicial or executive officers making auction sales by virtue of any judgment or decree of any court, nor public sales made by executors and administrators. S ec. 63. A nd be it further enacted, That upon the death of any person or persons licensed under or by virtue of this act, or upon the removal of any such person or persons from the house or premises at which he, she, or they were authorized by such license to exercise or carry on the trade or business mentioned in such license, it shall and may be lawful for the per son or persons authorized to grant licenses to authorize and empower, by indorsement on such license, or otherwise, as the Commissioner of Internal Revenue shall direct, the executors or administrators, or the wife or child of such deceased person, or the assignee or assigns of such person or persons so removing as aforesaid, who shall be possessed of and occupy the house or premises before used for such purpose as aforesaid, in like manner to exer cise or carry on the same trade or business mentioned in such license, in or upon the same house or premises at which such person or persons as afore said deceased, or removing as before mentioned, by virtue of such license 1862.] L a w s R e la t i n g to th e E x c is e T a x . 249 to him, her, or them, in that behalf granted, before exercised or carried on such trade or business for or during the residue of the term for which such license was originally granted, without taking out any fresh license or pay ment of any additional duty, or any fee thereupon for the residue of such term, and until expiration thereof: Provided, always, That a fresh entry of the premises at which such trade or business shall continue to be so ex ercised or carried on as aforesaid shall thereupon be made by and in the name or names of the person or persons to whom such authority as afore said shall be granted. S ec. 64. And. he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, for each license granted the sum herewith stated shall be respectively and annually paid. Any number of persons carrying on such business in copartnership may transact such busi ness at such place under such license, and not otherwise. 1. Bankers shall pay one hundred dollars for each license. Every per son shall be deemed a banker within the meaning of this act who keeps a place of business where credits are opened in favor of any person, firm, or corporation, by the deposit or collection of money or currency, and the same, or any part thereof, shall be paid out or remitted upon draft, check, or order of such creditor, but not to include incorporated banks or other banks legally authorized to issue notes as circulation, nor agents for the sale of merchandise for account of producers or manufacturers. 2. Auctioneers shall pay twenty dollars for each license. Every person shall be deemed an auctioneer within the meaning of this act whose occu pation it is to offer property for sale to the highest or best bidder. 3. Wholesale dealers in liquors of any and every description, including distilled spirits, fermented liquors, and wines of all kinds, shall pay one hundred dollars for each license. Every person, other than the distiller, or brewer who shall sell or offer for sale any such liquors or wines in quanti ties of more than three gallons at one time, to the same purchaser, shall be regarded as a wholesale dealers in liquors within the meaning of this act. 4. Retail dealers in liquors, including distilled spirits, fermented liquors and wines of every description, shall pay twenty dollars for each license. Every person who shall sell or offer for sale such liquors in less quantities than three gallons at one time, to the same purchaser, shall be regarded as a retail dealer in liquors under this act. But this shall not authorize any spirits, liquors, wines, or malt liquors, to be drank on the premises. 5. Retail dealers shall pay ten dollars for each license. Every person whose business or occupation is to sell, or offer to sell, groceries, or any goods, wares, or merchandise, of foreign or domestic production, in less quantities than a whole original piece or package at one time, to the same person, (not including wines, spirituous or malt liquors, but not excluding drugs, medicines, cigars, snuff, or tobacco,) shall be regarded as a retail dealer under this act. 6. Wholesale dealers shall pay fifty dollars for each license. Every per son whose business or occupation is to sell, or offer to sell, groceries, or any goods, wares, or merchandise, of foreign or domestic production, by one or more original package or piece at one time, to the same purchaser, not in cluding wines, spirituous or malt liquors, shall be deemed a wholesale dealer under this a c t; but having taken out a license as a wholesale dealer, such person may also sell, as aforesaid, as a retailer. 7. Pawnbrokers shall pay fifty dollars for each license. Every person 250 L a w s R e la t i n g to the E x c is e T a x . [September, whose business or occupation is to take or receive, by way of pledge, pawn, or exchange, any goods, wares, or merchandise, or any kind of personal property whatever, for the repayment or security of money lent thereon, shall be deemed a pawnbroker under this act. 8. Rectifiers shall pay twenty-five dollars for each license to rectify any quantity of spirituous liquors, not exceeding five hundred barrels or casks, containing not more than forty gallons to each barrel or cask of liquor so rectified ; and twenty-five dollars additional for each additional five hundred such barrels, or any fractional part thereof. Every person who rectifies, purifies, or refines spirituous liquors or wines by any process, or mixes dis tilled spirits, whisky, brandy, gin, or wine, with any other materials for sale under the name of whisky, rum, brandy, gin, wine, or any other name or names, shall be regarded as a rectifier under this act. 9. Distillers shall pay fifty dollars for each license, and every person or copartnership who distills or manufactures spirituous liquors for sale shall be deemed a distiller under this a c t: Provided, That any person or copart nership distilling or manufacturing less than three hundred barrels per year shall pay twenty-five dollars for a license. A nd provided, further, That no license shall be required for any still, stills, or other apparatus used by drug gists and chemists for the recovery of alcohol for pharmaceutical and chem ical purposes which has been used in those processes. A nd provided, fu r ther, That distillers of apples and peaches, distilling or manufacturing less than one hundred and fifty barrels per year from the same, shall pay twelve and one-half dollars for a license for that purpose, and for a greater quan tity as other distillers. 10. Brewers shall pay fifty dollars for each license. Every person who manufactures fermented liquors of any name or description, for sale, from malt, wholly or in part, shall be deemed a brewer under this ac t: Provided, That any person who manufactures less than five hundred barrels per year shall pay the sum of twenty-five dollars for a license. 11. Hotels, inns, and taverns shall be classified and rated according to the yearly rental, or, if not rented, according to the estimated yearly rental of the house and property intended to be occupied for said purposes, as fol lows, to w it: All cases where the rent or the valuation of the yearly rental of said house and property shall be ten thousand dollars or more shall con stitute the first class, and shall pay two hundred dollars for each license; where the rent or the valuation of the yearly rental shall be five thousand dollars and less than ten thousand dollars, the second class, and shall pay one hundred dollars for each license; where the rent or the valuation of the yearly rental shall be twenty-five hundred dollars and less than five thousand dollars, the third class, and shall pay seventy-five dollars for each license; where the rent or the valuation of the yearly rental shall be one thousand dollars and less than twenty-five hundred dollars, the fourth class, and shall pay fifty dollars for each license; where the rent or the valuation of the yearly rental shall be five hundred dollars and less than one thousand dollars, the fifth class, and shall pay twenty-five dollars for each license ; where the rent or the valuation of the yearly rental shall be three hundred dollars and less than five hundred dollars, the sixth class, and shall pay fif teen dollars for each license; where the rent or the valuation of the yearly rental shall be one hundred dollars and less than three hundred dollars, the seventh class, and shall pay ten dollars for each license ; where the rent or the valuation of the yearly rental shall be less than one hundred dollars, 1862 .] L a w s R e la t i n g to th e E x c is e T a x . 251 the eighth class, and shall pay five dollars for each license. Every place where food and lodging are provided for and furnished to travelers and so journers, in view of payment therefor, shall be regarded as a hotel, inn, or tavern under this act. All steamers and vessels upon water of the United States, on board of which passengers or travelers are provided with food or lodging, shall be required to take out a license of the fifth class, as aforesaid, under this act. The rental or estimated rental shall be fixed and established by the assessor of the proper district at its proper value, but at not less than the actual rent agreed on by the parties: Provided, That if there be any fraud or collusion in the return of actual rent to the assessor, there shall be a penalty equal to double the amount of licenses required by this section, to be collected as other penalties under this act are collected. 12. Eating-houses shall pay ten dollars for each license. Every place where food or refreshments of any kind are provided for casual visitors and sold for consumption therein shall be regarded as an eating-house under this act. But the keeper of any eating-house having taken out a license therefor shall not be required to take out a license as a confectioner, any thing in this act to the contrary notwithstanding. 13. Brokers shall pay fifty dollars for each license. Any person whose business is to purchase or sell stocks, coined money, bank notes, or other securities for themselves or others, or who deals in exchanges relating to money, shall be regarded as a broker under this act. 14. Commercial brokers shall pay fifty dollars for each license. Any person or firm, except one holding a license as wholesale dealer or banker, whose business it is, as the agent of others, to purchase or sell goods, or seek orders therefor, in original or unbroken packages or produce, or to manage business matters for the owners of vessels, or for the shippers or consignors of freight carried by vessels, or whose business it is to purchase, rent, or sell real estate for others, shall be regarded a commercial broker under this act. 15. Land warrant brokers shall pay twenty five dollars for each license. Any person shall be regarded as a land warrant broker within the meaning of this act who makes a business of buying and selling land warrants, and of furnishing them to settlers or other persons under contracts to have liens upon the land procured by means of them according to the value agreed on for the warrants at the time they are furnished. 16. Tobacconists shall pay ten dollars for each license. Any person whose business it is to sell, at retail, cigars, snuff, or tobacco in any form, shall be regarded a tobacconist under this act. But wholesale and retail dealers, and keepers of hotels, inns, taverns, having taken out a license there for, shall not be required to take out a license as tobacconists, anything in this act to the contrary notwithstanding. IV. Theaters shall pay one hundred dollars for each license. Exery edi fice erected for the purpose of dramatic or operatic representations, plays, or performances, and not including halls rented or used occasionally for con certs or theatrical representations, shall be regarded as a theater under this act. 18. Circuses shall pay fifty dollars for each license. Every building, tent, space, or area where feats of horsemanship or acrobatic sports are exhibited, shall be regarded as a circus under this act. 19. Jugglers shall pay for each license twenty dollars. Every person who performs by sleight of hand shall be regarded as a juggler under this 252 L a w s R e la t i n g to the E x c is e T a x . [September, act. The proprietors or agents of all other public exhibitions or shows for money, not enumerated in this section, shall pay for each license ten dollars : Provided, That no license procured in one State shall be held to authorize exhibitions in another State; and but one license shall be required under this act to authorize exhibitions within any one State. 20. Bowling alleys and billiard rooms shall pay according to the number of alleys or tables belonging to or used in the building or place to be licensed. When not exceeding one alley or table, five dollars for each license; and when exceeding one alley or table, five dollars for each additional alley or table. Every place or building where bowls are thrown or billiards played, and open to the public with or without price, shall be regarded as a bowling alley or billiard room, respectively, under this act. 21. Confectioners shall pay ten dollars for each license. Every person who sells at retail confectionery, sweetmeats, comfits, or other confects, in any building, shall be regarded as a confectioner under this act. But whole sale and retail dealers, having taken out a license therefor, shall not be re quired to take out a license as confectiouer, anything in this act to the con trary notwithstanding. 22. Horse-dealers shall pay for each license the sum of ten dollars. Any person whose business it is to buy and sell horses or mules shall be regard ed a horse-dealer under this a c t: Provided, That if such horse-dealer shall have taken out a license as a livery stable keeper no new license shall be required. 23. Livery stable keepers shall pay ten dollars for each license. Any person whose occupation or business is to keep horses for hire or to let, shall be regarded as a livery stable keeper under this act. 24. Cattle brokers shall pay for each license the sum of ten dollars. Any person whose business it is to buy and sell and deal in cattle, hogs, or sheep, shall be considered as a cattle broker. 25. Tallow-chandlers and soap-makers shall pay for each license the sum of ten dollars. Any person whose business it is to make or manufacture candles or soap shall be regarded as a tallow-chandler and soap-maker un der this act. 26. Coal-oil distillers shall pay for each license the sum of fifty dollars. Any person who shall refine, produce, or distil crude petroleum or rock oil, or crude coal oil, or crude oil made of asphaltum, shale, peat, or other bitu minous substances, shall be regarded a coal-distiller under this act. 27. Peddlers shall be classified and rated as follows, to w it: when trav elling with more than two horses, the first class, and shall pay twenty dol lars for each license; when travelling with two horses, the second class, and shall pay fifteen dollars for each license ; when travelling with one horse, the third class, and shall pay ten dollars for each license; when travelling on foot, the fourth class, and shall pay five dollars for each license. Any person, except persons peddling newspapers, Bibles, or reli gious tracts, who sells or offers to sell, at retail, goods, wares, or other commodities, travelling from place to place, in the street, or through dif ferent parts of the country, shall be regarded a peddler under this a c t: Provided, That any peddler who sells, or offers to sell, dry goods, foreign and domestic, by one or more original packages or pieces, at one time, to the same person or persons, as aforesaid, shall pay fifty dollars for each license. And any person who peddles jewelry shall pay twenty-five dol lars for each license: Provided, That manufacturers and producers of 1862 .] L a w s R e la t i n g to the E x c is e T a x . 253 agricultural tools and implements, garden seeds, stoves, and hollow ware, brooms, wooden ware, and powder, delivering and selling at wholesale any of said articles, by themselves or their authorized agents at places other than the place of manufacture, shall not be required, for any sale thus made, to take out any additional license therefor. 28. Apothecaries shall pay ten dollars for each license. Every person who keeps a shop or building where medicines are compounded or pre pared according to prescriptions of physicians, and sold, shall be regard ed an apothecary under this act. But wholesale and retail dealers, who have taken out a license therefor, shall not be required to take out a license as apothecary, anything in this act to the contrary notwithstand ing. 29. Manufacturers shall pay ten dollars for each license. Any person or persons, firms, companies, or corporations, who shall manufacture by hand or machinery, and offer for sale any goods, wares or merchandise, exceeding annually the sum of one thousand dollars, shall be regarded a manufacturer under this act. 30. Photographers shall pay ten dollars for each license when the re ceipts do not exceed five hundred dollars ; when overlive hundred dollars and under one thousand dollars, fifteen dollars; when over one thousand dollars, twenty-five dollars. Any person or persons who make for sale photographs, ambrotypes, daguerreotypes, or pictures on glass, metal, or paper, by the action of light, shall be regarded a photographer under this act. 31. Lawyers shall pay ten dollars for each license. Every person whose business it is, for fee or reward, to prosecute or defend causes in any court of record or other judicial tribunal of the United States or of any of the States, or give advice in relation to causes or matters pending therein, shall be deemed to be a lawyer within the meaning of this act. 32. Physicians, surgeons, and dentists shall pay ten dollars for each license. Every person (except apothecaries) whose business it is, for fee and reward, to prescribe remedies or perform surgical operations for the cure of any bodily disease or ailing, shall be deemed a physician, surgeon, or dentist, as the case may be, within the meaning of this act. 33. Claim agents and agents for procuring patents shall pay ten dollars for each license. Every person whose business it is to prosecute claims in any of the executive departments of the federal government, or procure patents, shall be deemed a claim or patent agent, as the case may be, un der this act. S e c . 65. A nd be it further enacted, That where the annual gross re ceipts or sales of any apothecaries, confectioners, eating-houses, tobacco nists, or retail dealers, shall not exceed the sum of one thousand dollars, such apothecaries, confectioners, eating-houses, and retail dealers shall not be required to take out or pay for license, anything in this act to the contrary notwithstanding; the amount or estimated amount of such an nual sales to be ascertained or estimated in such manner as the Commis sioner of Internal Kevenue shall prescribe, and so of all other annual sales or receipts, where the rate of the license is graduated by the amount of sales or receipts. Sec , 66. A nd be it further enacted, That nothing contained in the pre ceding sections of this act, laying duties on licenses, shall be construed to require a license for the sale of goods, wares, and merchandise made 254 L a w s R e la t i n g to th e E x c is e T a x . [September, or produced and sold by the manufacturer or producer at the manufacto ry or place where the same is made or produced; to vintners who sell, at the place where the same is made, wine of their own growth ; nor to apothecaries, as to wines or spirituous liquors which they use exclusively in the preparation or making up of medicines for sick, lame, or diseased persons; nor shall the provisions of paragraph number twenty-seven ex tend to physicians who keep on hand medicines solely for the purpose of making up their own prescriptions for their own patients. S ec . 67. A nd be it further enacted, That no license hereinbefore pro vided for, if granted, shall be construed to authorize the commencement or continuation of any trade, business, occupation, or employment therein mentioned, within any State or Territory of the United States in which it is or shall be specially prohibited by the laws thereof, or in violation of the laws of any State or Territory: Provided, Nothing in this act shall be held or construed so as to prevent the several States, within the limits thereof, from placing a duty, tax, or license, for State purposes, on any business matter or thing on which a duty, tax, or license is required to be paid by this act. M A N U FA C T U R E S , A R T IC L E S , A ND PR O D U C TS. Specific and A d Valorem Duty. S e c . 68. A nd be it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, every individual, partnership, firm, association or corporation, (and any word or words in this act indi cating or referring to person or persons shall be taken to mean and in clude partnerships, firms, associations, or corporations, when not other wise designated or manifestly incompatible with the intent thereof,) shall comply with the following requirements, that is to say : First, Before commencing, or, if already commenced, before continuing, any such manufacture for which he, she, or they may be liable to be as sessed, under the provisions of this act, and which shall not be differently provided for elsewhere, within thirty days after the date when this act shall take effect, he, she, or they shall furnish to the assistant assessor a statement, subscribed and sworn to, or affirmed, setting forth the place where the manufacture is to he carried on, name of the manufactured ar ticle, the proposed market for the same, whether foreign or domestic, and generally the kind and quality manufactured or proposed to be manufac tured. Second, He shall within ten days after the first day of each and every month, after the day on which this act takes effect, as hereinbefore men tioned, or on or before a day prescribed by the Commissioner of Internal Revenue, make return of the product and sales or delivery of such man ufacture in form and detail as may be required, from time to time, by the Commissioner of Internal Revenue. Third, All such returns, statements, descriptions, memoranda, oaths, and affirmations, shall be in form, scope, and detail as may be prescribed, from time to time, by the Commissioner of Internal Revenue. S e c . 69. A nd be it further enacted, That upon the amounts, quantities, and values of produce, goods, wares, merchandise, and articles manufac tured and sold, or delivered, hereinafter enumerated, the manufacturer 1862.] L a w s R e la t i n g to the E x c is e T a x . 255 thereof, whether manufactured for himself or for others, shall pay to the collector of internal revenue within his district, monthly, or on or before a day to be prescribed by the Commissioner of Internal Revenue, the duties on such manufactures: Provided, That when thread is manufac tured and sold or delivered exclusively for knitted fabrics, or for weaving or spooling, as provided for in the seventy-fifth section of this act, the duties shall be assessed on the articles finished and prepared for use or consumption to the party so finishing or preparing the same, and any party so finishing or preparing any cloth or other fabrics of cotton, wool, or other materials, whether imported or otherwise, shall be considered the manufacturer thereof for the purposes of this a c t; and for neglect to pay such duties within ten days after demand, either personal or written, left at his, her, or their house or place of business, or manufactory, the amount of such duties may be levied upon the real and personal property of any such manufacturer. And such duties, and whatever shall be the expense of levy, shall be a lien from the day prescribed by the commis sioner for their payment aforesaid, in favor of the United States, upon the said real or personal property of such manufacturer, and such lien may be enforced by distraint, as provided in the general provisions of this act: A nd provided, further, That in all cases of goods manufactured, in whole or in part, upon commission, or where the material is furnished by one party and manufactured by another, if the manufacturer shall be required to pay under this act the tax hereby imposed, such person or persons so paying the same shall be entitled to collect the amount thereof of the owner or owners, and shall have a lien for the amount thus paid upon the manufactured goods: A nd provided, further, That the taxes on all articles manufactured and sold, in pursuance of contracts bona fide made before the passage of this act, shall be paid by the purchasers there of under regulations to be established by the Commissioner of Internal Revenue. Sec . 70. A nd he it further enacted, That for neglect or refusal to pay the duties provided by this act on manufactured articles, as aforesaid, the goods, wares, and merchandise manufactured and unsold by such manu facturer shall be forfeited to the United States, and may be sold or dis posed of for the benefit of the same, in manner as shall be prescribed by the Commissioner of Internal Revenue, under the direction of the Secre tary of the Treasury. In such case the collector or deputy collector may take possesson of said articles, and may maintain such possesson in the premises and buildings where they may have been manufactured, or de posited, or may be. He shall summon, giving notice of not less than two nor more than ten days, the parties in possession of said goods, enjoining them to appear before the assessor, or assistant assessor, at a day and hour in such summons fixed, then and there to show cause, if any there be, why, for such neglect or refusal, such articles should not be declared for feited to the United States. Such persons or parties interested shall be deemed to be the manufacturers of the same, if the articles shall be at the time of taking such possession upon the premises where manufac tured ; if they shall at such time have been removed from the place of manufacture, the parties interested shall be deemed to be the person in whose custody or possession the articles shall then be. Such summons shall be served upon such parties in person, or by leaving a copy thereof at the place of abode or business of the party to whom the same may be 256 L a w s R e la tin g to the E x c is e T a x . [September, directed. In case no such party or place can be found, which fact shall be determined by the collector’s return on the summons, such notice, in the nature of a summons, shall be given by advertisement for the term of three weeks in one newspaper in the county nearest to the place of such sale. If at or before such hearing such duties shall not have been paid, and the assessor or assistant assessor shall adjudge the summons and notice, service and return of the same to be sufficent, the said articles shall be declared forfeit, and shall be sold, disposed of, or turned over to the use of any department of the government as may be directed by the Secretary of the Treasury, who may require of any officer of the govern ment into whose possession the same may be turned over the proper vouchers therefor: Provided, That the proceeds of the sale of said arti cles, if any there be after deducting the duties thereon, together with the expenses of summons, advertising, and sale, or the excess of the value of said articles, after deducting the duties and expenses accrued thereon when turned over to the use of any department of the gov ernment, shall be refunded and paid to the manufacturer, or to the per son in whose custody or possession the articles were when seized. The Commissioner of Internal Revenue, with the approval of the Secre tary of the Treasury, may review any such case of forfeiture and do justice in the premises. If the forfeiture shall have been wrongly declared, and sale made, the Secretary is hereby authorized, in case the specific articles cannot be restored to the party aggrieved in as good order and condition as when seized, to make up to such party in money his loss and damage from the contingent fund of his department. Immediate re turn of seizures so forfeited shall be made to the Commissioner of Inter nal Revenue by the collector or deputy collector who shall make any such seizure. Articles which the collector may adjudge perishable may be sold or disposed of before declaration of forfeiture. Said sales shall be made at public auction, and notice thereof shall be given in the same manner as is provided in this section in case of forfeiture. S e c . I I . A nd be it further enacted, That any violation of, or refusal to comply with, the provisions of the sixty-eighth section of this act, shall be good cause for seizure and forfeiture, substantially in manner as detail ed in the section next preceding this, of all manufactured articles liable to be assessed under the provisions of this act, and not otherwise provided for; and such violation or refusal to comply shall further make any party so violating or refusing to comply liable to a fine of five hundred dollars, to be recovered in manner and form as provided in this act. S e c . 12. A nd be it further enacted, That in case of the manufacture and sale or delivery of any goods, wares, merchandise, or articles as here inafter mentioned, without compliance on the part of the party manufac turing the same with all or any of the requirements and regulations pre scribed in this act in relation thereto, the assistant assessor may, upon such information as he may have, assume and estimate the amount and value of such manufactures, and upon such assumed amount assess the duties, and said duties shall be collected in like manner as in case the provisions of this act in relation thereto had been complied with, and to such articles all the foregoing provisions for liens, fines, penalties, and for feitures, shall in like manner apply. S e c . Id. A nd be it further enacted, That all goods, wares, and merchan dise, or articles manufactured or made by any person or persona not for 1862.] L a w s R e la t i n g to th e E x c is e T a x . 257 sale, but for bis, her, or their own use or consumption, and all goods, wares, and merchandise, or articles manufactured or made and sold, ex cept spirituous and malt liquors, and manufactured tobacco, where the annual product shall not exceed the sum of six hundred dollars, shall be and are exempt from d u ty : Provided, That this shall not apply to any business or transaction where one party furnishes the materials, or any part thereof, and employs another party to manufacture, make, or finish the goods, wares, and merchandise or articles, paying or promising to pay therefor, and receiving the goods, wares, and merchandise or articles. Seo. 74. A nd he it further enacted, That the value and quantity of the goods, wares, and merchandise required to be stated, as aforesaid, and sub ject to an ad valorem duty, shall be estimated by the actual sales made by the manufacturer, or by his, her, or their agent, or person or persons act ing in his, her, or their behalf; and where such goods, wares, or mer chandise have been removed for consumption, or for delivery to others, or placed on shipboard, or are no longer within the custody and control of the manufacturer or manufacturers, or his or their agent, not being in his, her, or their factory, store, or warehouse, the value shall be estimated by the average of the market value of the like goods, wares, and merchan dise, during the time when the same would have become liable to and charged with duty. Sec . 75. A nd be it further enacted, That from and after the said first day of August, eighteen hundred and sixty-two, upon the articles, goods, wares, and merchandise, hereinafter mentioned, which shall thereafter be produced and sold, or be manufactured or made and sold, or removed for consumption, or for delivery to other than agents of the manufacturer or producer within the United States or Territories thereof, there shall be levied, collected, and paid the following duties, to be paid by the producer or manufacturer thereof, that is to say : On candles, of whatever material made, three per centum ad valorem; On all mineral coals, except such as are known in the trade as pea coal and dust coal, three and-a-half cents per to n : Provided, That for all contracts of lease of coal lands made before the first day of April, eighteen hundred and sixty-two, the lessee shall pay the tax. On lard oil, mustard-seed oil, linseed oil, and on all animal or vegetable oils not exempted nor provided for elsewhere, whether pure or adul terated, two cents per gallon: Provided, That red oil or oleic acid, produced in the manufacture of candles, and used as a material in the manufacture of soap, parffine, whale and fish oil, shall be exempt ed from this duty ; On gas, illuminating, made of coal, wholly or in part, or any material, when the product shall not be above five hundred thousand cubic feet per month, five cents per one thousand cubic feet; when the product shall be above five hundred thousand, and not exceeding five millions of cubic feet per month, ten cents per one thousand cubic feet; when the product shall be above five millions, fifteen cents per one thousand cubic feet; and the general average of the monthly product for the year preceding the return required by this act shall regulate the rate of duty herein imposed ; and where any gas com pany shall not have been in operation for the year next preceding the return as aforesaid, then the rate shall be regulated upon the es timated average of the monthly product: Provided, That the provol. xlv ii .— no . in . 17 258 L a w s R e la t i n g to the E x c is e T a x . [September, duct required to be returned by this act shall be understood to be the product charged in the bills actually rendered by any gas com pany during the month preceding the return, and all gas companies are hereby authorized to add the duty or tax imposed by this act to the price per thousand cubic feet on gas sold: Provided, farther, That all gas furnished for lighting street lamps, and not measured, and all gas made for and used by any hotel, inn, tavern, and private dwelling-house, shall be subject to duty, and may be estimated; and and if the returns in any case shall be understated or under estima ted, it shall be the duty of the assistant assessor of the district to increase the same as he shall deem just and proper: And provided, further, That coal tar produced in the manufacture of illuminating gas, and the products of the redistillation of coal tar thus produced, shall be exempt from duty: A nd provided, further, That gas compa nies so located as to compete with each other shall pay the rate im posed by this act upon the company having the largest production. On coal illuminating oil, refined, produced by the distillation of coal, asphaltum, shale, peat, petroleum, or rock oil, and all other bitumi nous substances used for like purposes, ten cents per gallon: P ro vided, That such oil refined and produced by the distillation of coal exclusively shall be subject to pay a duty of eight cents per gallon, anything in this act to the contrary notwithstanding: A nd provided, further, That distillers of coal oil shall be subject to all the provi sions of this act hereinbefore set forth and specified applicable to distillers of spirituous liquors, with regard to licenses, bonds, returns, and all other provisions designed for the purpose of ascertaining the quantity distilled, and securing the payment of duties, so far as the same may, in the judgment of the Commissioner of Internal Reve nue, and under regulations prescribed by him, be necessary for that purpose. On ground eoflee, and all preparations of which coffee forms a part, or which is prepared for sale as a substitute for coffee, three mills per pound ; On ground pepper, ground mustard, ground pimento, ground cloves, ground cassia, and ground ginger, and all imitations of the same, one cent per pound; On sugar, refined, whether loaf, lump, granulated, or pulverized, two mills per pound; On sugar, refined or made from molasses, sirup of molasses, melado or concentrated melado, two mills per pound ; On all brown, Muscovado, or clarified sugars produced directly from the sugar cane, and not from sorghum or imphee, other than those pro duced by the refiner, one cent per pound ; On sugar candy and all confectionery, made wholly or in part of sugar, one cent per pound ; On chocolate, and cocoa prepared, one cent per pound ; On saleratus and bicarbonate of soda, five mills per pound ; On starch, made of potatoes, one mill per pound; made of corn or wheat, one and-a-half mills per pound; made of rice or any other material, four mills per pound; On tobacco, cavendish, plug, twist, fine cut, and manufactured of all de scriptions, (not including snutf, cigars, and smoking tobacco prepared 1862 .] L a w s R e la t i n g to th e E x c is e T a x . 259 with all the stems in, or made exclusively of stems,) valued at more than thirty cents per pound, fifteen cents per pound ; valued at any sum not exceeding thirty cents per pound, ten cents per pound; On smoking tobacco prepared with all the stems in, five cents per pound ; On smoking tobacco made exclusively of stems, two cents per pound ; On snuff manufactured of tobacco, ground, dry, or damp, of all descrip tions, twenty cents per pound ; On cigars, valued at not over five dollars per thousand, one dollar and fifty cents per •thousand ; On cigars, valued at over five and not over ten dollars per thousand, two dollars per thousand; On cigars, valued at over ten and not over twenty dollars per thousand, two dollars and fifty cents per thousand; On cigars, valued at over twenty dollars per thousand, three dollars and fifty cents per thousand; On gunpowder, and all explosive substances used for mining, blasting, artillery, or sporting purposes, when valued at eighteen cents per pound or less, five mills per pound; when valued at above eighteen cents per pound, and not exceeding thirty cents per pound, one cent per pound ; and when valued at above thirty cents per pound, six cents per pound ; On white lead, twenty-five cents per one hundred pounds ; On oxide of zinc, twenty-five cents per one hundred pounds; On sulphate of barytes, ten cents per one hundred pounds: Provided, That white lead, oxide of zinc, and sulphate of barytes, or any one of them, shall not be subject to any additional duty in consequence of being mixed or ground with linseed oil, when the duties upon all the materials so mixed or ground shall have been previously actually p aid; On all paints and painters’ colors, dry or ground in oil, or in paste with water, not otherwise provided for, five per centum ad valorem; On clock movements made to run one day, five cents each; made to run more than one day, ten cents each ; On pins, solid head or other, five per centum ad valorem ; On umbrellas and parasols made of cotton, silk, or other material, five per centum ad valorem ; On screws, commonly called wood screws, one and a half cent per pound ; On railroad iron and all other iron advanced beyond slabs, blooms, or loops, and not advanced beyond bars or rods, and band, hoop, and sheet iron, not thinner than number eighteen wire-gauge, and plate iron not less than one-eighth of an inch in thickness, one dollar and fifty cents per ton ; on railroad iron, re-rolled, seventy-five cents per to n ; on band, hoop, and sheet iron, thinner than number eighteen wire-gauge, plate iron less than one-eighth of an inch in thickness, and cut nails and spikes, two dollars per ton : Provided, That bars, rods, bands, hoops, sheets, plates, nails, and spikes, manufactured from iron upon which the duty of one dollar and fifty cents has been levied and paid, shall be subject only to a duty of fifty cents per ton in addition thereto, anything in this act to the contrary notwithstand ing. On stoves and hollow ware, one dollar and fifty cents per ton of two thousand pounds; cast iron used for bridges, buildings, or other permanent structures, one dollar per ton : Provided, That bar 2£0 L a w s R e la t i n g to the E x c is e T a x . [S ep tem b er, iron used for like purposes shall be charged no additional duty be yond the specific duty imposed by this act. On steel in ingots, bars, sheets, or wire not less than one-fourth of an inch in thickness, valued at seven cents per pound or less, four dollars per ton ; valued at above seven cents per pound, and not above eleven cents per pound, eight dollars per ton ; valued above eleven cents per pound, ten dol lars per ton ; On paper of all descriptions, including pasteboard and binders’ boards, three per centum ad valorem ; On soap, castile, palm-oil, erasive, and soap of all other descriptions, white or colored, except soft soap and soap otherwise provided for, valued not above three and-a-half cents per pound, one mill per pound ; valued at above three and-a-half cents per pound, five mills per pound; On soap, fancy, scented, honey, cream, transparent, and all descriptions of toilet and shaving soap, two cents per pound ; On salt, four cents per one hundred pounds ; On pickles and preserved fruits, and on all preserved meats, fish, and shell fish in cans or air-tight packages, five per centum ad valorem; On glue and gelatine of all descriptions, in the solid state, five mills per pound; On glue and cement, made wholly or in part of glue, to be sold in the liquid state, twenty-five cents per gallon ; On patent or enamelled leather, five mills per square foot; On patent Japanned split, used for dasher leather, four mills per square foot; On patent or enamelled skirting leather, one and-a-half cent per square foot; On all sole and rough or harness leather, made fmm hides, imported east of the Cape of Good Hope, and all damaged leather, five mills per pound; On all other sole or rough leather, hemlock tanned, and harness, leather, seven mills per pound ; On all sole or rough leather, tanned in whole or in part with oak, one cent per pound ; On all finished or curried upper leather, made from leather tanned in the interest of the parties finishing or currying such leather not previ ously taxed in the rough, except calf skins, one cent per pound ; On bend and butt leather, one cent per pound ; On offal leather, five mills per pound ; On oil-dressed leather, and deer skins dressed or smoked, two cents per pound; On tanned calf skins, six cents each ; On morocco, goat, kid, or sheep skins, curried, manufactured, or finished, four per centum ad valorem : Provided, That the price at which such skins are usually sold shall determine their value; On horse and hog skins tanned and dressed, four per centum ad valorem ; On American patent calf skins, five per centum ad valorem ; On conducting hose of all kinds for conducting water or other fluids, a duty of three per centum ad valorem ; On wine, made of grapes, five cents per gallon ; On varnish, made wholly or in part of gum copal or other gums or sub stances, five per centum ad valorem ; On furs of all descriptions, when made up or manufactured, three per centum ad valorem; 1862.] L a w s R e la tin g to the E x c is e T a x . 261 On cloth and all textile or knitted or felted fabrics of cotton, wool, or other materials, before the same has been dyed, printed, bleached, or prepared in any other manner, a duty of three per centum ad valo rem : Provided, That thread or yarn manufactured and sold or de livered exclusively for knitted fabrics, or for weaving, when the spin ning and weaving for the manufacture of cloth of any kind is car ried on separately, shall not be regarded as manufactures within the meaning of this a c t; but all fabrics of cotton, wool, or other material, whether woven, knit, or felted, shall be regarded as manufactures, and be subject to the duty, as above, of three per centum ad valo rem ; On all diamonds, emeralds, and all other jewelry, a tax of three per centum ad valorem; On and after the first day of October, eighteen hundred and sixty-two, there shall be levied, collected, and paid, a tax of one-half of one cent per pound on all cotton held or owned by any person or per sons, corporation, or association of persons ; and such tax shail be a lien thereon in the possession of any person whomsoever. And further, if any person or persons, corporations, or association of per sons, shall remove, carry, or transport the same from the place of its production before said tax shall have been paid, such person or per sons, corporation, or association of persons, shall forfeit, and pay to the United States double the amount of such tax, to be recovered in any court having jurisdiction thereof: Provided, however, That the Commissioner of Internal Revenue is hereby authorized to make such rules and regulations as he may deem proper for the payment of said tax at places different from that of the production of said cot ton : A nd provided, further, That all cotton owned and held by any manufacturer of cotton fabrics on the first day [of] October, eighteen hundred and sixty-two, and prior thereto, shall be exempt from the tar hereby imposed; On all manufactures of cotton, wool, silk, worsted, flax, hemp, jute, Indiarubber, gutta-percha, wood, willow, glass, pottery-ware, leather, paper, iron, steel, lead, tin, copper, zinc, brass, gold, silver, horn, ivory, bone, bristles, wholly or in part, or of other materials, notin this act other wise provided for, a duty of three per centum ad valorem : Provided, That on all cloths dyed, printed, bleached, manufactured into other fabrics, or otherwise prepared, on which a duty or tax shall have been paid before the same were so dyed, printed, bleached, manu factured, or prepared, the said duty or tax of three per centum shall be assessed only upon the increased value thereof: And provided, further, That on all oil-dressed leather, and deer skins dressed or smoked, manufactured into gloves, mittens, or other articles on which a duty or tax shall have been paid before the same were so manu factured, the said duty or tax of three per centum shall be assessed only upon the increased valuation thereof: A nd provided, further, That in estimating the duties upon articles manufactured when re moved and sold at any other place than the place of manufacture, there shall be deducted from the gross amount of sales the freight, commission, and expenses of sale actually paid, and the duty shall be assessed and paid upon the net amount after the deductions, as aforesaid: A nd provided, further, That printed books, magazines, 262 L a w s R e la tin g to the E x c is e T a x . [September, pamphlets, newspapers, reviews, and all other similar printed publi cations; boards, shingles, and all other lumber and tim ber; staves, hoops, headings, and timber only partially wrought and unfinished for chairs, tubs, pails, snathes, lasts, shovel and fork handles; um brella stretchers ; pig iron, and iron not advanced beyond slabs, blooms, or loops ; maps and charts; charcoal; alcohol made or manu factured of spirits or materials upon which the duties imposed by this act shall have been paid; plaster or gypsum; m alt; burning fluid; printers’ ink; flax prepared for textile or felting purposes, until actually woven or fitted into fabrics for consumption ; all flour and meal made from grain ; bread and breadstuffs ; pearl barley and split peas; butter; cheese; concentrated m ilk; bullion, in the manufac ture of silverware ; brick; lime ; Roman cem ent; draining tiles; mar ble ; slate; building stone ; copper, in ingots or pigs; and lead, in pigs or bars, shall not be regarded as manufactures within the meaning of this a c t: Provided, That whenever, by the provisions of this act, a duty is imposed upon any article removed for consumption or sale, it shall apply only to such articles as are manufactured on or after the first day of August, eighteen hundred and sixty-two, and to such as are manufactured and not removed from the place of manufacture prior to that date. A U CT IO N S A L E S . S ec. 70. A nd he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, there shall be levied, collected, and paid on all sales of real estate, goods, wares, merchandise, articles, or things at auction, including all sales of stocks, bonds, and other secu rities, a duty of one-tenth of one per centum on the gross amount of such sales, and every auctioneer making such sales, as aforesaid, shall at the end of each and every month, or within ten days thereafter, make a list or return to the assistant assessor of the district of the gross amount of such sales, made as aforesaid, with the amount of duty which has accrued, or should accrue thereon, which list shall have annexed thereto a declara tion under oath or affirmation, in form and manner as may be prescribed by the Commissioner of Internal Revenue, that the same is true and cor rect, and shall at the same time, as aforesaid, pay to the collector or deputy collector the amount of duty or tax thereupon, as aforesaid, and in default thereof shall be subject to and pay a penalty of five hundred dollars. In all cases of delinquency in making said list or payment the assessment and collection shall be made in the manner prescribed in the general provisions of this a c t: Provided, That no duty shall be levied under the provisions of this section upon any sales by judicial or executive officers making auction sales by virtue of a judgment or decree of any court, nor to public sales made by executors or administrators. C A R R IA G E S , Y A C H T S , B IL L IA R D T A B L E S, A N D P L A T E . S ec. 77. And be it further enacted, That from and after the first day of May, eighteen hundred and sixty-two, there shall be levied, collected, and paid, by any person or persons owning, possessing, or keeping any carriage, yacht, and billiard table, the several duties or sums of money set down in figures against the same respectively, or otherwise specified and set forth in schedule marked A. 1862 .] Laws Relating to the Excise Tax. 263 SCHEDULE A. C A R R IA G E S , Y A C H T S , B IL L IA R D T A B L E S, A N D P L A T E . D u ty . D olls, ets. Carriage, gig, chaise, phaeton, wagon, buggy wagon, carryall, rockaway, or other like carriage, the body of which rests upon springs of any description, kept for use, and which shall not be exclusively employed in husbandry or for the transporta tion of merchandise, and valued at seventy-five dollars or over, including the harness used therewith, when drawn by one horse, one dollar................................................................... Carriages of like description drawn by two horses, and any coach, hackney-coach, omnibus, or four wheel carriage, the body of which rests upon springs of any description, which may be kept for use, for hire, or for passengers, and which shall not be exclusively employed in husbandry or for the transporta tion of merchandise, valued at seventy-five dollars, and not exceeding two hundred dollars, including the harness used therewith, drawn by two horses or more, two dollars............. Carriages of like description, when valued above two hundred dol lars, and not exceeding six hundred dollars, five dollars......... Carriages of like description, valued above six hundred dollars, ten dollars...................................................................................... Pleasure or racing vessels, known as yachts, whether by sail or steam, under the value of six hundred dollars, five dollars... Yachts valued above six hundred dollars, and not exceeding one thousand dollars, tendollars........................................................ And for each additional one thousand dollars in value of said yachts, ten dollars......................................................................... Billiard tables, kept for use, tendollars............................................... Plate of gold, kept for use, per ounce troy, fifty cents................... Plate of silver, kept for use, per ounce troy, three cents............... Provided, That silver spoons or plate of silver, to an amount not exceeding forty ounces, as aforesaid, belonging to any one person, shall be exempt from duty. SLAUGHTERED 1 00 2 00 5 00 10 00 5 00 10 00 10 00 10 00 50 3 CATTLE, H OG S, AND S H E E P . S ec . 78. A nd he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, there shall be levied, collected, and paid by any person or persons, firms, companies, or agents, or em ployees thereof, the following duties or taxes, that is to say : On all horned cattle exceeding eighteen months old, slaughtered for sale, thirty cents per h ead ; On all calves and cattle under eighteen months old, slaughtered for sale, five cents per h ead ; On all hogs, exceeding six months old, slaughtered for sale, when the num ber thus slaughtered exceeds twenty in any one year, ten cents per h ead ; On all sheep, slaughtered for sale, five cents per head: Provided, That all cattle, hogs, and sheep, slaughtered by any person for his or her own consumption, shall be exempt from duty. 264 L a w s R e la t i n g to the E x c is e T a x . [September, Sec . Y9. A nd he it further enacted, That on and after the date on which this act shall take effect, any person or persons, firms, or companies, or agents or employees thereof, whose business or occupation it is to slaughter for sale any cattle, calves, sheep, or hogs, shall be required to make and render a list at the end of each and every month to the assistant assessor of the district where the business is transacted, stating the number of cattle, calves, if any, the number of hogs, if any, and the number of sheep, if any, slaughtered, as aforesaid, with the several rates of duty as fixed therein in this act, together with the whole amount thereof, which list shall have annexed thereto a declaration of said person or persons, agents, or employees thereof, as aforesaid, under oath or affirmations, in such manner and form as may be prescribed by the Commissioner of Internal Revenue, that the same is true and correct, and shall, at the time of render ing said list, pay the full amount of duties which have accrued or should accrue, as aforesaid, to the collector or deputy collector of the district, as aforesaid ; and in case of default in making the return or payment of the duties, as aforesaid, the assessment and collection shall be made as in the general provisions of this act required, and in case of fraud or eva sion the party offending shall forfeit and pay a penalty of ten dollars per head for any cattle, calves, hogs, or sheep so slaughtered upon which the duty is fraudulently withheld, evaded, or attempted to be evaded : Pro vided, That the Commissioner of Internal Revenue shall prescribe such further rules and regulations as he may deem necessary for ascertaining the correct number of cattle, calves, hogs, and sheep, liable to be taxed under the provisions of this act. R A IL R O A D S , STEA M BOA TS, A N D F E R R Y BO A TS. Sec . 80. A nd he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, any person or persons, firms, companies, or corporations, owning or possessing, or having the care or management of any railroad or railroads upon which steam is used as a propelling power, or of any steamboat or other vessel propelled by steampower, shall be subject to and pay a duty of three per centum on the gross amount of all the receipts of such railroad or railroads, or steam vessel for the transportation of passengers over and upon the same, and any person or persons, firms, companies, or corporations, owning or possess ing, or having the care or management of any railroad or railroads using any other power than steam thereon, or owning, possessing, or having the care or management of any ferry boat, or vessel used as a ferry boat, propelled by steam or hors9 power, shall be subject to and pay a duty of one and-a-haif per centum upon the gross receipts of such railroad or ferry boat, respectively, for the transportation of passengers over and upon said railroads, steamboats, and ferry boats respectively; and any person or persons, firms, companies, or corporations, owning, possessing, or hav ing the care or management of any bridge authorized by law to receive toll for the transit of passengers, beasts, carriages, teams, and freight of any description over such bridge, shall be subject to and pay a duty of three per centum on the gross amount of all their receipts of every de scription. And the owner, possessor, or person or persons having the care and management of any such railroad, steamboat, ferry boat, or other vessel, or bridge, as aforesaid, shall, within five days after the end of each 1862.] L a w s R e la tin g to th e E x c is e T a x . 265 and every month, commencing as hereinbefore mentioned, make a list or return to the assistant assessor of the district within which such owner, possessor, company, or corporation may have his or its place of business, or where any such railroad, steamboat, ferry boat, or bridge is located or belongs, respectively, stating the gross amount of such receipts for the month next preceding, which return shall be verified by the oath or affir mation of such owner, possessor, manager, agent, or other proper officer, in the manner and form to be prescribed from time to time by the Com missioner of Internal Revenue, and shall also, monthly, at the time of making such return, pay to the collector or deputy collector of the dis trict the full amount of duties which have accrued on such receipts for the month aforesaid; and in case of neglect or refusal to make said lists or return for the space of five days after such return should be made, as aforesaid, the assessor or assistant assessor shall proceed to estimate the amount received and the duties payable thereon, as hereinbefore provided in other cases of delinquency to make return for purposes of assessment; and for the purpose of making such assessment, or of ascertaining the correctness of any such return, the books of any such person, company, or corporation shall be subject to the inspection of the assessor or assist ant assessor on his demand or request therefor; and in case of neglect or refusal to pay the duties, as aforesaid, when the same have been ascer tained as aforesaid for the space of five days after the same shall have become payable, the owner, possessor, or person having the management, as aforesaid, shall pay, in addition, five per centum on the amount of such duties, the said owner, possessor, or person having the care or manage ment, as aforesaid, shall be liable to pay a penalty of one thousand dol lars for every such attempt, to be recovered as provided in this act for the recovery of penalties ; and all provisions of (his act in relation to liens and collections by distraint not incompatible herewith shall apply to this section and the objects therein embraced: Provided, That all such per sons, companies, and corporations shall have the right to add the duty or tax imposed hereby to their rates of fare whenever their liability thereto may commence, any limitations which may exist by law or by agreement with any person or company which may have paid or be liable to pay such fare to the contrary notwithstanding. R A IL R O A D BO ND S. Sec. 81. A nd he it further enacted, That on and after the first day of July, eighteen hundred and sixty-two, any person or persons owning or possessing, or having the care or management of any railroad company or railroad corporation, being indebted for any sum or sums of money for which bonds or other evidences of indebtedness have been issued, payable in one or more years after date, upon which interest is, or shall be, stipu lated to be paid, or coupons representing the interest shall be or shall have been issued to be paid, and all dividends in scrip or money or sums of money thereafter declared due or payable to stockholders of any rail road company, as part of the earnings, profits, or gains of said companies, shall he subject to and pay a duty of three per centum on the amount of all such interest or coupons or dividends whenever the same shall be paid; and said railroad companies or railroad corporations, or any per son or persons owning, possessing, or having the care or management of 266 L a w s R e la t i n g to the E x c is e T a x . [S ep tem b er, any railroad company or railroad corporation, are hereby authorized and required to deduct and withhold from all payments made to any person, persons, or party, after the first day of July, as aforesaid, on account of any interest or coupons or dividends due and payable as aforesaid, the said duty or sum of three per centum; and the duties deducted, as afore said, and certified by the president or other proper officer of said company or corporation, shall be a receipt and discharge, according to the amount thereof, of said railroad companies or railroad corporations, and the ow ners, possessors, and agents thereof, on dividends and on bonds or other evidences of their indebtedness, upon which interest or coupons are pay able, holden by any person or party whatsoever, and a list or return shall be made and rendered within thirty days after the time fixed when said interest or coupons or dividends become due or payable, and as often as every six months, to the Commissioner of Internal Revenue, which shall contain a true and faithful account of the duties received and chargeable, as aforesaid, during the time when such duties have accrued or should accrue, and remaining unaccounted for; and there shall be annexed to every such list or return a declaration under oath or affirmation in man ner and form as may be prescribed by the Commissioner of Internal Revenue, of the president, treasurer, or some proper officer of said rail road company or railroad corporation, that the same contains a true and faithful account of the duties so withheld and received during the time when such duties have accrued or should accrue, and not accounted for, and for any default in the making or rendering of such list or return, with the declaration annexed, as aforesaid, the person or persons owning, possessing, or having the care or management of such railroad company or railroad corporation, making such default, shall forfeit, as a penalty, the sum of five hundred dollars; and in case of any default in making or rendering said list, or of any default in the payment of the duty, or any part thereof, accruing or which should accrue, the assessment and collection shall be made according to the general provisions of this act. B A N K S, TRUST C O M P A N IE S , S A V IN G S IN S T IT U T IO N S , AND IN S U R A N C E COM P A N IE S . S ec. 82., A nd he it further enacted, That on and after the first day of July, eighteen hundred and sixty-two, there shall be levied, collected, and paid by all banks, trust companies, and savings institutions, and by all fire, marine, life, inland, stock, and mutual insurance companies, under whatever style or name known or called, of the United States or Terri tories, specially incorporated or existing under general laws, or which may be hereafter incorporated or exist, as aforesaid, on all dividends in scrip or money thereafter declared due or paid to stockholders, to policy holders, or to depositors, as part of the earnings, profits, or gains of said banks, trust companies, savings institutions, or insurance companies, and on all sums added to their surplus or contingent funds, a duty of three per centum : Provided, That the duties upon the dividends of life in surance companies shall not be deemed due, or to be collected until such dividends shall be payable by such companies. And said banks, trust companies, savings institutions, and insurance companies are hereby au thorized and required to deduct and withhold from all payments made to any person, persons, or party, on account of any dividends or sums of 1862.] L a w s R e la t i n g to th e E x c is e T a x . 267 money that may be due and payable, as aforesaid, after the first day of July, eighteen hundred and sixty-two, the said duty of three per centum. And a list or return shall be made and rendered within thirty days after the time fixed when such dividends or sums of money shall be declared due and payable, and as often as every six months, to the Commissioner of Internal Revenue, which shall contain a true and faithful account of the amount of duties accrued or which should accrue from time to time, as aforesaid, during the time when such duties remain unaccounted for, and there shall be annexed to every such list or return a declaration, un der oath or affirmation, to be made in form and manner as shall be pre scribed by the Commissioner of Internal Revenue, of the president, or some other proper officer of said bank, trust company, savings institu tion, or insurance company, respectively, that the same contains a true and faithful account of the duties which have accrued or should accrue, and not accounted for, and for any default in the delivery of such list or return, with such declaration annexed, the bank, trust company, savings institution, or insurance company making such default shall forfeit, as a penalty, the sum of five hundred dollars. S ec. 83. A nd be it further enacted, That any person or persons owning or possessing, or having the care or management of any railroad com pany or railroad corporation, bank, trust company, savings institution, or insurance company, as heretofore mentioned, required under this act to make and render any list or return to the Commissioner of Internal Revenue, shall, upon rendering the same, pay to the said Commissioner of Internal Revenue the amount of the duties due on such list or return, and in default thereof, shall forfeit, as a penalty, the sum of five hundred dollars; and in case of neglect or refusal to make such list or return, as aforesaid, or to pay the duties, as aforesaid, for the space of thirty days after the time when said list should have been made and rendered, or when said duties shall have become due and payable, the assessment and collection shall be made according to the general provisions heretofore prescribed in this act. Sec. 84. And be it further enacted, That on the first day of October, Anno Domini, eighteen hundred and sixty-two, and on the first day of each quarter of a year thereafter, there shall be paid by each insurance company, whether inland or marine, and by each individual or associa tion engaged in the business of insurance from loss or damage by fire, or by the perils of the sea, the duty of one per centum upon the gross re ceipts for premiums and assessments by such individual, association, or company during the quarter then preceding; and like duty shall be paid by tlie agent of any foreign insurance company having an office or doing business within the United States. S ec. 85. A nd be it further enacted, That on the first day of October next, and on the first day of each quarter thereafter, an account shall be made and rendered to the Commissioner of Internal Revenue by all in surance companies, or their agents, or associations, or individuals making insurance, except life insurance, including agents of all foreign insurance companies, which shall contain a true and faithful account of the insurance made, renewed, or continued, or indorsed upon any open policy by said companies, or their agents, or associations, or individuals during the pre ceding quarter, setting forth the amount insured, and the gross amount received, and the duties accruing thereon under this a c t; and there shall 268 L a w s R e la t i n g to th e E x c is e T a x . [September, be annexed to and delivered with every such quarterly account an affidavit, in the form prescribed by the Commissioner of Internal Revenue, made by one of the officers of said company or association, or individual, or by the agent in the case of a foreign company, that the statements in said accounts are in all respects just and tru e ; and such quarterly ac counts shall be rendered to the Commissioner of Internal Revenue within thirty days after the expiration of the quarter for which they shall be made up, and upon rendering such account, with such affidavit, as afore said, thereto annexed, the amount of the duties due by such quarterly ac counts shall be paid to the Commissioner of Internal Revenue ; and for every default in the delivery of such quarterly account, with such affidavit annexed thereto, or in the payment of the amount of the duties due by such quarterly account, the company, or agent, or association, or indi vidual making such default shall forfeit and pay, in addition to such duty, the sum of five thousand dollars. S A L A R IE S A ND PAT O F O F F IC E R S AND P E R S O N S IN U N IT E D T H E S E R V IC E OF THE STATES, A N D P A S S P O R T S . S e c . 86. A nd he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, there shall be levied, collected, and paid on all salaries of officers, or payments to persons in the civil, military, naval, or other employment or service of the United States, in cluding senators and representatives and delegates in Congress, when ex ceeding the rate of six hundred dollars per annum, a duty of three per centum on the excess above the said six hundred dollars; and it shall be the duty of all paymasters, and all disbursing officers, under the govern ment of the United States, or in the employ thereof, when making any payments to officers and persons as aforesaid, or upon settling and adjust ing the accounts of such officers and persons, to deduct and withhold the aforesaid duty of three per centum, and shall, at the same time, make a certificate stating the name of the officer or person from whom such de duction was made, and the amount thereof, which shall be transmitted to the office of the Commissioner of Internal Revenue, and entered as part of the internal duties; and the pay-roll, receipts, or account of officers or persons paying such duty, as aforesaid, shall be made to exhibit the fact of such payment. Seo. 87. A nd he it further enacted, That for every passport issued from the office of the Secretary of State, after the thirtieth day of June, eigh teen hundred and sixty-two, there shall be paid the sum of three dollars ; which amount maybe paid to any collector appointed under this act, and his receipt therefor shall be forwarded with the application for such pass port to the office of the Secretary of State, or any agent appointed by him. And the collectors shall account for all moneys received for pass ports in the manner hereinbefore provided, and a like amount shall be paid for every passport issued by any minister or consul of the United States, who shall account therefor to the treasury. A D V E R T ISE M E N T S. S e c . 88. A nd he it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, there shall be levied, collected, 1862 .] L a w s R e la t i n g to th e E x c is e T a x . 269 and paid by any person or persons, firm, or company, publishing any newspaper, magazine, review, or other literary, scientific, or news publi cation, issued periodically, on the gross receipts for all advertisements, or all matters for the insertion of which in said newspaper or other publi cation, as aforesaid, or in extras, supplements, sheets, or fly-leaves accom panying the same, pay is required or received, a duty of three per cent um ; and the person or persons, firm or company, owning, possessing, or having the care or management of any and every such newspaper or other publication, as aforesaid, shall make a list or return quarterly, commenc ing as heretofore mentioned, containing the gross amount of receipts as aforesaid, and the amount of duties which have accrued thereon, and ren der the same to the assistant assessor of the respective districts where such newspaper, magazine, review, or other literary or news publication is or may be published, which list or return shall have annexed a declara tion, under oath or affirmation, to be made according to the manner and form which may be from time to time prescribed by the Commissioner of Internal Revenue, of the owner, possessor, or person having the care or management of such newspaper, magazine, or review, or other publica tion, as aforesaid, that the same is true and correct, and shall also, quar terly, and at the time of making said list or return, pay to the collector or deputy collector of the district, as aforesaid, the full amount of said duties ; and in case of neglect or refusal to comply with any of the pro visions contained in this section, or to make and render said list or return, as aforesaid, for the space of thirty days after the time when said list or return ought to have been made, as aforesaid, the assisstant assessor of the respective districts shall proceed to estimate the duties, as heretofore provided in other cases of delinquency; and in case of neglect or refusal to pay the duties, as aforesaid, for the space of thirty days after said du ties become due and payable, said owner, possessor, or person or persons having the care or management of said eewspapers or publications, as aforesaid, shall pay, in addition thereto, a penalty of five per centum on the amount due ; and in case of fraud or evasion, whereby the revenue is attempted to be defrauded, or the duty withheld, said owners, posses sors, or person or persons having the care or management of said news papers or other publications, as aforesaid, shall forfeit and pay a penalty of five hundred dollars for each offence, or for any sum fraudulently un accounted fo r; and all provisions in this act in relation to liens, assess ments, and collection, not incompatible herewith, shall apply to this sec tion and the objects herein embraced: Provided, That in all cases where the rate or price of advertising is fixed by any law of the United States, State, or Territory, it shall be lawful for the company, person or persons, publishing said advertisements, to add the duty or tax imposed by this act to the price of said advertisements, any law as aforesaid, to the contrary notwithstanding: Provided, further, That the receipts for advertisements to the amount of one thousand dollars, by any person or persons, firm, or company, publishing any newspaper, magazine, review, or other lite rary, scientific, news publication, issued periodically, shall be exempt from duty: A nd provided, further, That all newspapers whose circulation does not exceed two thousand copies shall be exempted from all taxes for ad vertisements. IN C O M E D U TY . S ec. 89. A nd be it further enacted, That for the purpose of modifying 270 L a w s R e la t i n g to th e E x c is e T a x . [September, and re-enacting, as hereinafter provided, so much of an act, entitled “ An act to provide increased revenue from imports to pay interest on the pub lic debt, and for other purposes,” approved fifth of August, eighteen hun dred and sixty-one, as relates to income tax ; that is to say, sections fortynine, fifty, (except so much thereof as relates to the selection and appoint ment of depositaries,) and fifty-one, be, and the same are hereby repealed. S ec . 90. A nd be it further enacted, That there shall be levied, collected, and paid annually, upon the annual gains, profits, or income of every person residing in the United States, whether derived from any kind of property, rents, interest, dividends, salaries, or from any profession, trade, employment, or vocation carried on in the United States or elsewhere, or from any other source whatever, except as hereinafter mentioned, if such annual gains, profits, or income exceed the sum of six hundred dollars, and do not exceed the sum of ten thousand dollars, a duty of three per centum on the amount of such annual gains, profits, or income over and above the said sum of six hundred dollars; if said income exceeds the sum of ten thousand dollars, a duty of five per centum upon the amount thereof exceeding six hundred dollars ; and upon the annual gains, profits, or income, rents, and dividends accruing upon any property, securities, and stocks owned in the United States by any citizen of the United States residing abroad, except as hereinafter mentioned, and not in the employment of the government of the United States, there shall be levied, collected, and paid a duty of five per centum. S e c . 91. And be it further enacted, That in estimating said annual gains, profits, or income, whether subject to a duty as provided in this act, of three per centum, or of five per centum, all other national, State, and local taxes, lawfully assessed upon the property or other sources of income of any person as aforesaid, from which said annual gains, profits, or income of such person is or should be derived, shall be first deducted from the gains, profits, or income of the person or persons who ac tually pay the same, whether owner or tenant, and all gains, profits, or income derived from salaries of officers, or payments to persons in the civil, military, naval, or other service of the United States, including sen ators, representatives, and delegates in Congress, above six hundred dollars, or derived from interest or dividends on stock, capital, or deposits in any bank, trust company or savings institution, insurance, gas, bridge, express, telegraph, steamboat, ferry boat, or railroad company, or corporation, or on any bonds, or other evidences of indebtedness of any railroad com pany or other corporation, which shall have been assessed and paid by said banks, trust companies, savings institutions, insurance, gas, bridge, telegraph, steamboat, ferry boat, express, or railroad companies, as afore said, or derived from advertisements, or on any articles manufactured, upon which specific, stamp or ad valorem duties shall have been directly assessed or paid, shall also be deducted ; and the duty herein provided for shall be assessed and collected upon the income for the year ending the thirty-first day of December next preceding the time lor levying and col lecting said duty, that is to say, on the first day of May, eighteen hun dred and sixty-three, and in each year thereafter: Provided, That upon such portion of said gains, profits, or income, whether subject to a duty as provided in this act of three per centum or five per centum, which shall be derived from interest upon notes, bonds, or other securi ties of the United States, there shall be levied, collected, and paid a duty 1862 .] L a w s R e la t i n g to th e E x c is e T a x . 271 not exceeding one and one lialf of one per centum, anything in this act to the contrary notwithstanding. Sec . 92. A nd he it further enacted, That the duties on incomes herein imposed shall be due and payable on or before the thirtieth day of June, in the year eighteen hundred and sixty-three, and in each year thereafter until and including the year eighteen hundred and sixty-six, and no longer; and to any sum or sums annually due and unpaid for thirty days after the thirtieth of June, as aforesaid, and for ten days after demand thereof by the collector, there shall be levied in addition thereto, the sum of five per centum on the amount of duties unpaid, as a penalty, except from estates of deceased and insolvent persons; and if any person or persons, or party, liable to pay such duty, shall neglect or refuse to pay the same, the amount due shall be a lien in favor of the United States from the time it was so due until paid, with the interest, penalties, and costs that may accrue in addition thereto, upon all the property, and rights to prop erty, stocks, securities, and debts of every description from which the in come upon which said duty is assessed or levied shall have accrued or may or should accrue; and in default of the payment of said duty tor the space of thirty days, after the same shall have become due, and be demanded as aforesaid, said lien may be enforced by distraint upon such property, rights to property, stock, securities, and evidences of debt, by whomso ever holden ; and for this purpose the Commissioner of Internal Revenue, upon the certificate of the collector or deputy collector that said duty is due and unpaid for the space of ten days after notice duly given of the levy of such duty, shall issue a warrant, in form and manner, to be pre scribed by said Commissioner of Internal Revenue, under the directions of the Secretary of the Treasury, and by virtue of such warrant there may be levied on such property, rights to property, stocks, securities, and evidences of debt, a further sum, to be fixed and stated in such warrant, over and above the said annual duty, interest, and penalty for non-pay ment, sufficient for the fees and expenses of such levy. And in all cases of sale, as aforesaid, the certificate of such sale by the collector or deputy collector of the sale, shall give title to the purchaser, of all right, title, and interest of such delinquent in and to such property, whether the prop erty be real or personal; and where the subject of sale shall be stocks, the certificate of said sale shall be lawful authority and notice to the proper corporation, company, or association, to record the same on the books or records, in the same manner as if transferred or assigned by the person or party holding the same, to issue new certificates of stock there for in lieu of any signal or prior certificates, which shall be void whether cancelled or n o t; and said certificates of sale of the collector or deputy collector, where the subject of sale shall be securities or other evidences of debt, shall be good and valid receipts to the person or party holding, or claiming to hold, possession of such securities or other evidences of debt. Sec. 93. A nd he it further enacted, That it shall be the duty of all per sons of lawful age, and all guardians and trustees, whether such trustees are so by virtue of their office as executors, administrators, or other fidu ciary capacity, to make return in the list or schedule, as provided in this act, to the proper officer of internal revenue, of the amount of his or her income, or the income of such minors or persons as may be held in trust as aforesaid, according to the requirements hereinbefore stated, and in 272 L a w s R e la t i n g to the E x c is e T a x . [September, case of neglect or refusal to make such return, the assessor or assistant assessor shall assess the amount of his or her income, and proceed there after to collect the duty thereon in the same manner as is provided for in other cases of neglect and refusal to furnish lists or schedules in the gen eral provisions of this act, where not otherwise incompatible, and the as sistant assessor may increase the amount of the list or return, or of any party making such return, if he shall be satisfied that the same is under stated : Provided, That any party, in his or her behalf, or as guardian or trustee, as aforesaid, shall be permitted to declare, under oath or affirma tion, the form and manner of which shall be prescribed by the Commis sioner of Internal Revenue, that he or she was not possessed of an income of six hundred dollars, liable to be assessed according to the provisions of this act, or that he or she has been assessed elsewhere and the same year for an income duty, under authority of the United States, and shall there upon be exempt from an income duty; or, if the list or return of any party shall have been increased by the assistant assessor, in manner as aforesaid, he or she may be permitted to declare, as aforesaid, the amount of his or her annual income, or the amount held in trust, as aforesaid, liable to be assessed, as aforesaid, and the same so declared shall be re ceived as the sum upon which duties are to be assessed and collected. STA M P B U T IE S . S e c . 94. A nd he it further enacted, That on after the first day of Octo ber, eighteen hundred and sixty-two, there shall be levied, collected, and paid, for and in respect of the several instruments, matters, and things mentioned, and described in the schedule (marked B) hereunto annexed, or for or in respect of the vellum, parchment, or paper upon which such instruments, matters, or things, or any of them, shall be written or print ed, by any person or persons, or party who shall make, sign, or issue the same, or for whose use or benefit the same shall be made, signed, or issued, the several duties or sums of money set down in figures against the same, respectively, or otherwise specified or set forth in the said schedule. S ec . 95. A nd he it further enacted, That if any person or persons shall make, sign, or issue, or cause to be made, signed, or issued, any instru ment, document, or paper of any kind or description whatsoever, without the same being duly stamped for denoting the duty hereby imposed there on, or without having thereupon an adhesive stamp to denote said duty, such person or persons shall incur a penalty of fifty dollars, and such in strument, document, or paper, as aforesaid, shall be deemed invalid and of no effect. S e c . 96. A nd he it further enacted, That no stamp appropriated to de note the duty charged on any particular instrument, and bearing the name of such instrument on the face thereof, shall be used for denoting any other duty of the same amount, or if so used the same shall be of no avail. S e c . 97. A nd he it further enacted, That no vellum, parchment, or paper, bearing a stamp appropriated bynam e to any particular instrument, shall be used for any other purpose, or if so used the same shall be of no avail. S ec . 98. A nd he it further enacted, That if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any stamp or die, or any part of any stamp or die, which shall have been provided, 1 8 6 2 .] L a w s R e la tin g to the E x c is e T a x . 273 made, or used in pursuance of this act, or shall forge, counterfeit, or re semble, or cause or procure to be forged, counterfeited, or resembled, the impression, or any part of the impression of any such stamp or die, as aforesaid, upon any vellum, parchment, or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper, with any such forged or counterfeited stamp or die, or part of any stamp or die, as aforesaid, with intent to defraud the United States of any of the duties hereby imposed, or any part thereof, or if any person shall utter, or sell, or expose to sale, any vellum, parchment, or paper, article, or thing, having thereupon the impression of any such counter feited stamp or die, or any part of any stamp or die, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the same respectively to be forged, counterfeited, or resembled ; or if any person shall knowingly use any stamp or die which shall have been so provided, made, or used, as aforesaid, with intent to defraud the United States; or if any person shall fraudulently cut, tear, or get off, or cause, or procure to be cut, torn, or got off, the impression of any stamp or die which shall have been provided, made, or used in pursuance of this act, from any vellum, parchment or paper, or any instrument or writing charged or chargeable with any of the duties hereby imposed, then, and in every such case, every person so offending, and every person knowing ly and wilfully aiding, abetting, or assisting in committing any such of fence, as aforesaid, shall be deemed guilty of felony, and shall, on convic tion thereof, forfeit the said counterfeit stamps and the articles upon which they are placed, and be punished by fine not exceeding one thousand dol lars, and by imprisonment and confinement to hard labor not exceeding five years. S ec. 99. A nd he it further enacted, That in any and all cases where an adhesive stamp shall be used for denoting any duty imposed by this act, except as hereinafter provided, the person using or affixing the same shall write thereupon the initials of his name, and the date upon which the same shall be attached or used, so that the same may not again by used. And if any person shall fraudulently make use of an adhesive stamp to denote any duty imposed by this act without so effectually cancelling and obliterating such stamp, except as before mentioned, he, she, or they shall forfeit the sum of fifty dollars: Provided, nevertheless, That any proprie tor or proprietors of proprietary articles, or articles subject to stamp duty under schedule 0 of this act, shall have the privilege of furnishing, with out expense to the United States, in suitable form, to be approved by the Commissioner of Internal Revenue, his or their own dies or designs for stamps to be used thereon, to be retained in the possession of the Com missioner of Internal Revenue, for his or their separate use, which shall not be duplicated to any other person. That in all cases where such stamp is used, instead of his or their writing his or their initials and the date thereon, the said stamp shall be so affixed on the box, bottle, or package, that in opening the same, or using the contents thereof, the said stamp shall be effectually destroyed ; and in default thereof shall be liable to the same penalty imposed for neglect to affix said stamp as hereinbe fore prescribed in this act. Any person who shall fraudulently obtain or use any of the aforesaid stamps or designs therefor, and any person forg ing, or counterfeiting, or causing or procuring the forging or counterfeit ing any representation, likeness, similitude or colorable imitation of the V O L . x l v x i .— N O . I I I . 18 274 L a w s R e la t i n g to the E x c is e T a x . [September, said last-mentioned stamp, or any engraver or printer who shall sell or give away said stamps, or selling the same, or, being a merchant, broker, peddler, or person dealing in whole or in part, in similar goods, wares, merchandise, manufactures, preparations, or articles, or those designed for similar objects or purposes, shall have knowingly or fraudulently in his, her, or their possession any such forged, counterfeited likeness, similitude, or colorable imitation of the said last-mentioned stamp, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to all the penalties, fines, and forfeitures prescribed in section ninety-three of this act. S ec. 100. And be it further enacted, That if any person or persons shall make, sign, or issue, or cause to be made, signed, or issued, or shall accept or pay, or cause to be accepted or paid, with design to evade the payment of any stamp duty, any bill of exchange, draft, or order, or promissory note for the payment of money, liable to any of the duties imposed by this act, without the same being duly stamped, or having thereupon an adhesive stamp for denoting the duty hereby charged thereon, he, she, or they shall, for every such bill, draft, order, or note, forfeit the sum of two hundred dollars. S ec. 101. And be it further enacted, That the acceptor or acceptors of any bill of exchange or order for the payment of any sum of money drawn, or purporting to be drawn, in any foreign country, but payable in the United States, shall, before paying or accepting the same, place there upon a stamp, indicating the duty upon the same, as the law requires for inland bills of exchange, or promissory notes; and no bill of exchange shall be paid or negotiated without such stamp ; and if any person shall pay or negotiate, or offer in payment, or receive or take in payment, any such draft or order, the person or persons so offending shall forfeit the sum of one hundred dollars. S ec. 102. A nd be it Jurther enacted, That the Commissioner of Internal Revenue be, and is hereby, authorized to sell to and supply collectors, deputy collectors, postmasters, stationers, or any other persons, at his dis cretion, with adhesive stamps or stamped paper, vellum, or parchment, as herein provided for, upon the payment, at the time of delivery, of the amount of duties said stamps, stamped paper, vellum, or parchment, so sold or supplied, represent, and may thereupon allow and deduct from the aggregate amount of such stamps, as aforesaid, the sum of not ex ceeding five per centum as commission to the collectors, postmasters, stationers, or other purchasers; but the cost of any paper, vellum, or parchment shall be added to the amount, after deducting the allowance of per centum, as aforesaid: Provided, That no commission shall be al lowed on any sum or sums so sold or supplied of less amount than fifty dollars: A nd •provided, further, That any proprietor or proprietors of articles named in schedule C, who shall furnish his or their own die or design for stamps, to be used especially for his or their own proprietary articles, shall be allowed the following discount, namely : On amounts purchased at one time of not less than fifty nor more than five hundred dollars, five per centum ; on amounts over five hundred dollars, ten per centum. The Commissioner of Internal Revenue may from time to time make regulations for the allowance of such of the stamps issued under the provisions of this act as may have been spoiled or rendered useless or unfit for the purpose intended, or for which the owner may have no 1 8 6 2 .] L a w s R e la t i n g to th e E x c is e T a x . 275 use, or -which through mistake may have been improperly or unneces sarily used, or where the rates or duties represented thereby have been paid in error, or remitted; and such allowance shall be made either by giving other stamps in lieu of the stamps so allowed for, or by repaying the amount or value, after deducting therefrom, in case of repayment, the sum of five per centum to the owner thereof. S ec. 103. A nd be it further enacted, That it shall he lawful for any per son to present to the Commissioner of Internal Revenue any instrument, and require his opinion whether or not the same is chargeable with any duty; and if the said Commissioner shall be of opinion that such instru ment is not chargeable with any stamp duty, it shall be lawful for him, and he is hereby required, to impress thereon a particular stamp, to be provided for that purpose, with such word or words or device thereon as he shall judge proper, which shall signify and denote that such instru ment is not chargeable with any stamp duty ; and every such instrument upon which the said stamp shall be impressed shall be deemed to be not so chargeable, and shall be received in evidence in all courts of lavv or equity, notwithstanding any objections made to the same, as being charge able with stamp duty, and not stamped to denote the same. Sec. 104. A nd be it further enacted, That on and after the date on which this act shall take effect, no telegraph company or its agent or em ployee shall receive from any person, or transmit to any person any des patch or message without an adhesive stamp denoting the duty imposed by this act being affixed to a copy thereof, or having the same stamped thereupon, and in default thereof shall incur a penalty of ten dollars: Provided, That only one stamp shall be required, whether sent through one or more companies. Sec. 105. A nd be it further enacted, That on and after the date on which this act shall take effect, no express company or its agent or em ployee shall receive for transportation from any person any bale, bundle, box, article, or package of any description, without either delivering to the consignor thereof a printed receipt, having stamped or affixed thereon a stamp denoting the duty imposed by this act, or without affixing thereto an adhesive stamp or stamps denoting such duty, and in default thereof shall incur a penalty of ten dollars : Provided, That but one stamped receipt or stamp shall be required for each shipment from one party to another party at the same time, whether such shipment consists of one or more packages: A nd provided, also, That no stamped receipts or stamp shall be required for any bale, bundle, box, article, or package transported for the government, nor for such bales, bundles, boxes, or packages as are transported by such companies without charge thereon. Sec. 106. And be it further enacted, That all the provisions of this act relating to dies, stamps, adhesive stamps, and stamp duties shall extend to and include (except where manifestly inapplicable) all the articles or objects enumerated in schedule marked C, subject to stamp duties, and apply to the provisions in relation thereto. Sec. 107. A nd be it further enacted, That on and after the first day of August, eighteen hundred and sixty-two, no person or persons, firms, companies, or corporations, shall make, prepare, and sell, or remove for consumption or sale, drugs, medicines, preparations, compositions, articles, or things, including perfumery, cosmetics, any playing cards, upon which a duty is imposed by this act, as enumerated and mentioned in schedule 276 L a w s R e la tin g to the E x c is e T a x . [September, C, without affixing thereto an adhesive stamp or label denoting the duty before mentioned, and in default thereof shall incur a penalty of ten dol lars : Provided, That nothing in this act contained shall apply to any un compounded medicinal drug or chemical, nor to any medicine com pounded according to the United States or other national pharmacopoeia, nor of which the full and proper formula is published in either of the dispensatories, formularies, or text-books in common use among physicians and apothecaries, including homoeopathic and eclectic, or in any phar maceutical journal now used by any incorporated college of pharmacy, and not sold or offered for sale, or advertised under any other name, form, or guise than that under which they may be severally denominated and laid down in said pharmacopoeias, dispensatories, text-books, or jour nals, as aforesaid, nor to medicines sold to or for the use of any person, which may be mixed and compounded specially for said persons, accord ing to the written recipe or prescription of any physician or surgeon. S ec. 108. A nd be it further enacted, That every manufacturer or maker of any of the articles for sale mentioned in schedule C, after the same shall have been so made, and the particulars hereinbefore required as to stamps have been complied with, who shall take off, remove, or detach, or cause or permit, or suffer to be taken off, or removed or detached, any stamp, or who shall use any stamp, or any wrapper or cover to which any stamp is affixed, to cover any other article or commodity than that originally contained in such wrapper or cover, with such stamp when first used, with the intent to evade the stamp duties, shall for every such article, respectively, in respect of which any such offence shall be com mitted, be subject to a penalty of fifty dollars, to be recovered together witli the costs thereupon accruing, and every such article or commodity, as aforesaid, shall also be forfeited. Sec. 109. A nd be it further enacted, That every maker or manufacturer of any of the articles or commodities mentioned in schedule C, as afore said, who shall sell, send out, remove, or deliver any article or commo dity, manufactured as aforesaid, before the duty thereon shall have been fully paid, by affixing thereon the proper stamp, as in this act provided, or who shall hide or conceal, or cause to be hidden or concealed, or who shall remove or convey away, or deposit, or cause to be removed or con veyed away from or deposited in any place, any such article or commodity, to evade the duty chargeable thereon, or any part thereof, shall be sub ject to a penalty of one hundred dollars, together with the forfeiture of any such article or commodity : Provided, That medicines, preparations, compositions, perfumery, and cosmetics, upon which stamp duties are re quired by this act, may, when intended for exportation, be manufactured and sold, or removed without having stamps affixed thereto, and without being charged with duty, as aforesaid ; and every manufacturer or maker of any article, as aforesaid, intended for exportation, shall give such bonds and be subject to such rules and regulations to protect the revenue against fraud as may be from time to time prescribed by the Secretary of the Treasury. S e c . 110. A nd be it further enacted, That every manufacturer or maker of any of the articles or commodities, as aforesaid, or his chief workman, agent, or superintendent, shall at the end of each and every month make and sign a declaration in writing that no such article or com modity, as aforesaid, has, during such preceding month, or time when the 1 8 6 2 .] 2T7 L a w s R e la t i n g to the E x c is e T a x . last declaration was made, been removed, carried, or sent, or caused, or suffered, or known to have been removed, carried, or sent from the pre mises of such manufacturer or maker, other than such as have been duly taken account of and charged with the stamp duty, on pain of such manufacturer or maker forfeiting for every refusal or negleot to make such declaration one hundred dollars; and if any such manufacturer or maker, or his chief workman, agent, or superintendent, shall make any false or untrue declaration, such manufacturer or maker, or chief workman, agent, or superintendent, making the same, shall forfeit five hundred dollars. SCHEDULE STA M P B. D U T IE S . D u ty . D olls, eta. A g r eem en t o r co n t r a c t , o th e r th a n th o se specified in th is sc h e d u le ; a n y a p p ra ise m e n t o f v a lu e o r d a m a g e , o r for a n y o th e r p u r p o s e ; fo r e v ery s h e e t o r p iec e o f p a p e r u p o n w h ic h e ith e r o f t h e s a m e s h a ll b e w r i t te n , fiv e c e n t s ............................................... B a n k c h e c k , d r a f t, o r o r d e r f o r t h e p a y m e n t o f a n y s u m o f m o n e y e x c e e d in g t w e n ty d o lla r s , d r a w n u p o n a n y b a n k , t r u s t c o m p a n y , o r a n y p e r s o n o r p e r s o n s , c o m p a n ie s , o r c o r p o r a t io n s a t s i g h t o r o n d e m a n d , tw o c e n t s . .......................................................... B ill o f e x c h a n g e , ( i n la n d ) d r a f t , o r o r d e r fo r t h e p a y m e n t o f a n y s u m o f m o n e y e x c e e d in g t w e n ty a n d n o t e x c e e d in g o n e h u n d r e d d o lla r s , o th e r w is e t h a n a t s i g h t o r o n d e m a n d , o r a n y p r o m is s o r y n o t e e x c e p t b a n k n o te s is s u e d f o r c ir c u la t io n , fo r a s u m e x c e e d in g t w e n ty a n d n o t e x c e e d in g o n e h u n d r e d d o l 5 2 lars, five cents............................................................................... 5 Exceeding one hundred dollars and not exceeding two hundred dollars, ten cents........................................................................... 10 Exceeding two hundred dollars and not exceeding three hundred and fifty dollars, fifteen cents...................................................... 15 Exceeding three hundred and fifty dollars and not exceeding five hundred dollars, twenty cents.................................................... 20 Exceeding five hundred dollars and not exceeding seven hundred and fifty dollars, thirty cents...................................................... 30 Exceeding seven hundred and fifty dollars and not exceeding one thousand dollars, forty cents....................................................... 40 Exceeding one thousand dollars and not exceeding fifteen hun 60 dred dollars, sixty cents............................................................... Exceeding fifteen hundred dollars and not exceeding twenty-five hundred dollars, one dollar......................................................... 1 00 Exceeding twenty-five hundred dollars and not exceeding five thou sand dollars, one dollar and fifty cents..................................... 1 50 And for every twenty-five hundred dollars, or part of twenty-five hundred dollars in excess of five thousand dollars, one dol la r................................................................................................... 1 00 Bill of exchange (foreign) or letter of credit, drawn in but pay able out of the United States, if drawn singly, or otherwise than in a set of three or more, according to the custom of merchants and bankers, shall pay the same rates of duty as inland bills of exchange or promissory notes. 278 L a w s R e la t i n g to the E x c is e T a x . [September, D u ty . D o lls, cts. If drawn in sets of three or m ore: For every bill of each set, where the sum made payable shall not exceed one hundred and fifty dollars, or the equivalent thereof, in any foreign cur rency in which such bills may be expressed, according to the standard of value fixed by the United States, three c e n ts.. . 3 Above one hundred and fifty dollars and not above two hundred 5 and fifty dollars, five cents......................................................... Above two hundred and fifty dollars and not above five hundred dollars, ten cents........................................................................... 10 Above five hundred dollars and not above a thousand dollars, fif teen cents...................................................................................... 15 Above one thousand dollars and not above one thousand five hun dred dollars, twenty cents......................................................... 20 Above one thousand five hundred dollars and not above two thou sand two hundred and fifty dollars, thirty cents..................... 30 Above two thousand two hundred and fifty dollars and not above three thousand five hundred dollars, fifty cents...................... 50 Above three thousand five hundred dollars and not above five thou sand dollars, seventy cents.......................................................... 70 Above five thousand dollars and not above seven thousand five hundred dollars, one dollar........................................................ 1 00 And for every two thousand five hundred dollars, or part thereof, in excess of seven thousand five hundred dollars, thirty cents 30 B il l o f L a d in g or receipt, (other than charter-party,) for any goods, merchandise, or effects, to be exported from a port or place in the United States to any foreign port or place, ten c e n ts............................................................................................... 10 E x p r e s s .—For every receipt or stamp issued, or issued by any ex press company, or carrier, or person whose occupation it is to act as such, for all boxes, bales, packages, articles, or bundles, for the transportation of which such company, carrier, or per son, shall receive a compensation of not over twenty-five cents, one cent.............................................................................. 1 When such compensation exceeds the sum of twenty-five cents, and not over one dollar, twocents.............................................. 2 W hen one or more packages are sent to the same address at the same time, and the compensation therefor exceeds one dol lar, five cents................................................................................. 5 B o n d .— For indemnifying any person who shall -have become bound or engaged as surety for the payment of any sum of money, or for the due execution or performance of the duties of any office, and to account for money received by virtue thereof, fifty cents......................................................................... 50 B ond o f a n y d e sc rip tio n o th e r th a n su c h as m ay be re q u ire d in le g a l p ro c e e d in g s , a n d such as are n o t o th e rw is e c h a r g e d in th is sc h e d u le , tw en ty -fiv e c e n t s ................................................... C e r t if ic a t e o f s to c k in a n y in c o rp o ra te d c o m p a n y , tw enty-five cents............................................................................................... of profits, or any certificate or memorandum showing an interest in the property or accumulations of any incorpo rated company, if for a sum not less than ten dollars and not C e r t if ic a t e 25 25 1862.] 279 L a w s R e la t i n g to the E x c is e T a x . D u ty . D olls, eta. exceeding fifty dollars, ten cents................................................. For a sum exceeding fifty dollars, twenty-five cen ts........................ C e r t if ic a t e .— Any certificate of damage, or otherwise, and all other certificates or documents issued by any port warden, marine surveyor, or other person acting as such, twenty five 10 25 c e n t s ................................................................................................................... C e r t if ic a t e o f d e p o sit o f a n y su m o f m o n e y in a n y b a n k o r t r u s t c o m p a n y , o r w ith a n y b a n k e r o r p e rs o n a c tin g as such— 25 If for a sum not exceeding one hundred dollars, two cents........... For a sum exceeding one hundred dollars, five cents....................... 2 5 C e r t if ic a t e o f a n y o th e r d e s c rip tio n th a n th o se specified, ten cen ts............................................................................................... 10 or agreement for the charter of any ship or vessel, or steamer, or any letter, memorandum, or other writing between the captain, master, or owner, or per son acting as agent of any ship or vessel, or steamer, and any other person or persons for or relating to the charter of such ship or vessel, or steamer, if the registered tonnage of such ship or vessel, or steamer does not exceed three hundred tons, three dollars.................................................................................. 3 00 Exceeding three hundred tons, and not exceeding six hundred tons, five dollars............................................................................ 5 00 Exceeding six hundred tons, ten dollars........................................... 10 00 C o n tra ct .—Broker’s note, or memorandum of sale of any goods or merchandise, stocks, bonds, exchange, notes of hand, real estate, or property of any kind or description issued by brokers or persons acting as such, ten cents........................ 10 C o n v ey a n c e .—Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the pur chaser or purchasers, or any other person or persons by his, her, or their direction, when the consideration or value ex ceeds one hundred dollars and does not exceed five hundred dollars, fifty cents......................................................................... 50 When the consideration exceeds five hundred dollars and does not C h a r t er - p a r t y .— Contract e x c e e d o n e t h o u s a n d d o lla r s , o n e d o l l a r ............................................... E x c e e d in g o n e t h o u s a n d d o l la r s a n d n o t e x c e e d in g tw o t h o u s a n d fiv e h u n d r e d d o lla r s , tw o d o l l a r s ............................................................. E x c e e d in g tw o t h o u s a n d fiv e thousand d o l la r s a n d n o t e x c e e d in g five thousand dollars, five dollars............................................... 1 00 2 00 5 00 E x c e e d in g fiv e t h o u s a n d d o lla r s a n d n o t e x c e e d in g t e n th o u s a n d d o l la r s , t e n d o l l a r s ............................................................................................. 1 0 E x c e e d in g t e n t h o u s a n d d o lla r s a n d n o t e x c e e d in g t w e n ty t h o u s a n d d o lla r s , t w e n t y d o l l a r s ..................................................................................... 2 0 A n d f o r e v e r y a d d it i o n a l t e n t h o u s a n d d o lla r s , o r f r a c tio n a l p a r t t h e r e o f , i n e x c e ss o f t w e n t y t h o u s a n d d o l la r s , t w e n t y d o lla r s . 2 0 D e s p a t c h , t e l e g r a p h ic .— A n y d e s p a tc h o r m e s s a g e , t h e c h a r g e fo r w h ic h f o r t h e f i r s t t e n w o r d s d o e s n o t e x c e e d t w e n ty c e n ts , o n e c e n t ................................................................................................................... W h e n t h e c h a r g e fo r t h e f ir s t t e n w o r d s e x c e e d s t w e n ty c e n ts , t h r e e cents................................................................ ............................... 00 00 00 1 3 280 L a w s R e la t i n g to th e E x c is e T a x . [September, D u ty . D olls, cts. E ntry o f a n y g o o d s, w ares, o r m e rc h a n d ise a t a n y c u sto m -h o u se , e ith e r for c o n su m p tio n o r w a re h o u sin g , n o t e x c e e d in g one hundred dollars in value, twenty-five cents.............................. Exceeding one hundred dollars and not exceeding five hundred dol lars in value, fifty cents................................................................ Exceeding five hundred dollars in value, one dollar......................... E ntry for th e w ith d ra w a l o f a n y g o o d s o r m e rc h a n d ise fro m b o n d ed w a reh o u se, fifty c e n t s .............................................................. I n su r a n c e , ( l if e .) —Policy of insurance, or other instrument by whatever name the same shall he called, whereby any insu rance shall be made upon any life or lives— W hen the amount insured shall not exceed one thousand dollars, twenty-five cents.................................................................. . . . . Exceeding one thousand and not exceeding five thousand dollars, fifty cents....................................................................................... Exceeding five thousand dollars, one dollar...................................... I n s u r a n c e , ( m a r in e , in l a n d , and f ir e .)— Each policy of insurance or other instrument, by whatever name the same shall be called, by which insurance shall be made or renewed upon property of any description, whether against perils by the sea or by fire, or other peril of any kind, made by any insurance company, or its agents, or by any other company or person, twenty-five cents........................................................................... 25 50 1 00 50 25 50 1 00 25 L e a s e , a g re e m e n t, m e m o ra n d u m , o r c o n tra c t fo r th e h ire , use, o r r e n t o f a n y lan d , te n e m e n t, o r p o rtio n th e re o f— If for a period of time not exceeding three years, fifty c e n ts.. . . If for a p e rio d e x c e e d in g th re e y e ars, o n e d o l la r ............................ 50 1 00 M a n if e s t for c u sto m -h o u se e n try o r c le a ra n c e o f th e c a rg o o f a n y sh ip , vessel, o r s te a m e r for a fo reig n p o rt— If the registered tonnage of such ship, vessel, or steamer does not exceed three hundred tons, one dollar....................................... Exceeding three hundred tons, and not exceeding six hundred tons, three dollars................................................................................... Exceeding six hundred tons, five dollars........................................... 1 00 3 00 5 00 M o rtg a g e o f lan d s, e sta te o r p ro p e rty , real o r p e rso n al, h e rita b le o r m o v ab le w h a tso e v er, w h e re th e sa m e s h a ll b e m a d e as a se c u rity fo r th e p a y m e n t o f a n y d efin ite a n d c e rta in su m o f m o n e y le n t a t th e tim e o r p re v io u sly d u e a n d o w in g o r fo r b o rn e to b e p aid , b e in g p a y a b le ; also a n y co n v ey a n ce o f a n y la n d s e sta te o r p ro p e rty w h a tso e v e r, in tr u s t to b e sold o r o th e rw ise c o n v e rte d in to m oney, w h ic h sh a ll b e in te n d e d o n ly as se c u rity , a n d sh a ll b e re d e e m a b le b efo re th e sale o r o th e r d isp o sal th ere o f, e ith e r b y e x p ress s tip u la tio n o r o th e r w is e ; o r a n y p e rso n a l b o n d g iv e n as se c u rity for th e p a y m e n t o f a n y d efin ite o r c e rta in su m o f m o n e y e x ce ed in g o n e h u n d re d d o l lars, and not exceeding five hundred dollars, fifty cents......... Exceeding five hundred dollars, and not exceeding one thousand dollars, one dollar........................................................................ Exceeding one thousand dollars, and not exceeding two thousand five hundred dollars, two dollars............................................... Exceeding two thousand five hundred dollars, and not exceeding 50 1 00 2 00 1862.] 281 L a w s R e la t i n g to th e E x c is e T a x . D u ty . D olls, cts. five thousand dollars, five d o lla rs..................................................... 5 00 Exceeding five thousand dollars, and not exceeding ten thousand dollars, ten dollars ........................................................................ 10 00 Exceeding ten thousand dollars, and not exceeding twenty thousand dollars, fifteen d o lla rs........................................................................... 15 00 And for every additional ten thousand dollars, or fractional part thereof, in excess of twenty thousand dollars, ten dollars.. . . 10 00 P assage ticket , by any vessel from a port in the United States 50 to a foreign port, if less than thirty dollars, fifty cents......... Exceeding thirty dollars, one dollar................................................... 1 00 P ow er of attorney for the sale or transfer of any stock, bonds, or scrip, or for the collection of any dividends or interest thereon, tw enty-five c e n ts................................................................... P ow er o f attorney or proxy for vo tin g a t any election for offi cers o f any in co rp o rated com pany or society, except religious, charitable, or lite ra ry societies, or p ublic cem eteries, ten cents P ow er of attorney to receive o r collect re n t, tw enty-five cen ts. P ow er of attorney to sell and convey real estate, or to re n t or lease th e sam e, or to perform any and all o th e r acts n o t h e re inbefore specified, one do llar.............................................................. P robate of w ill , or letters of administration : W here the estate and effects for or in respect of which such probate or letters of administration applied for shall be sworn or decclared not to exceed the value of two thousand five hundred dollars, fifty cents................................................................................................ To exceed two thousand five hundred dollars, and not exceeding five thousand dollars, one dollar................................................. To exceed five thousand dollars, and not exceeding twenty thousand dollars, two dollars...................................................................... To exceed twenty thousand dollars, and not exceeding fifty thou sand dollars, five dollars.............................................................. To exceed fifty thousand dollars, and not exceeding one hundred 25 10 25 1 00 50 1 00 2 00 5 00 thousand dollars, ten dollars............................................................... 10 00 Exceeding one hundred thousand dollars, and not exceeding one hundred and fifty tho u san d dollars, tw en ty d o lla rs................... 20 00 And for every additional fifty thousand dollars, or fractional part thereof, ten dollars........................................................................ 10 00 P rotest . —Upon the protest of every note, hill of exchange, ac ceptance, check or draft, or any marine protest, whether pro tested by a notary public or by any other officer who may be authorized by the law of any State or States to make such protest, twenty-five cents............................................................. 25 W arehouse re c eipt for any goods, m erchandise, o r p ro p erty of any kind held on storage in any p ublic o r p riv ate w arehouse or yard, twenty-five cents............................................................ 25 L egal documents : Writ, or other original process by which any suit is commenced in any court of record, either law or equity, fifty cents......... Provided, That no writ, summons, or other process issued by a jus tice of the peace, or issued in any criminal or other suits com menced by the United States or any State, shall be subject to 50 282 L a w s R e la t i n g to th e E x c is e T a x . [S ep tem b er, D u ty . Dolls. ct«. the payment of stamp duties: A nd 'provided, further, That the stamp duties imposed by the foregoing schedule B on manifests, bills of lading and passage tickets, shall not apply to steamboats or other vessels plying between ports of the United States and ports in British North America. SCHEDULE C. —For and upon every packet, box, bottle, pot, phial, or other enclosure, containing any pills, powders, tinctures, troches or lozenges, syrups, cordials, bit ters, anodynes, tonics, plasters, liniments, salves, ointments, pastes, drops, waters, essences, spirits, oils, or other prepara tions or compositions whatsoever, made and sold, or removed for consumption and sale, by any person or persons whatever, wherein the person making or preparing the same has, or claims to have, any private formula or occult secret or art for making or preparing the same, or has or claims to have, any exclusive right or title to the making or preparing the same, or which are prepared, uttered, vended, or exposed for sale under any letters patent, or held out or recommended to the public by the makers, venders, or proprietors thereof as pro prietary medicines, or as remedies or specifics for any disease, diseases, or affections whatever affecting the human or animal bod}', as follows : where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall not exceed, at the re tail price or value, the sum of twenty-five cents, one cent. . . W here such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of twentyfive cents, and not exceed the retail price or value of fifty cents, two cents............................................................................. Where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of fifty cents, and shall not exceed the retail price or value of seventyfive cents, three cents.................................................................. When such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of seventyfive cents, and shall not exceed the retail price or value of one dollar, four cents.................................................................. When such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of one dol lar, for each and every fifty cents or fractional part thereof over and above the one dollar, as before mentioned, an addi tional two cents.............................................................................. P e r f u m e r y a n d c o s m e t i c s .—For and upon every packet, box, bot tle, pot, phial, or other enclosure, containing any essence, ex tract, toilet, water, cosmetic, hair oil, pomade, hairdressing, hair restorative, hair dye, toothwash, dentifrice, tooth paste, aromatic cachous, or any similar articles, by whatsoever name the same heretofore have been, now are, or may hereafter be called, known, or distinguished, used or applied, or to be used or applied as perfumes or applications to the hair, mouth, or M e d ic in e s or p r e p a r a t io n s . 1 2 3 4 2 1 8 6 2 .] 283 L a w s R e la t i n g to the E x c is e T a x . D u ty . D olls, cts. skin, made, prepared, and sold or removed for consumption and sale in the United States, where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall not ex ceed at the retail price or value the sum of twenty-five cents, one cent..................•...................................................................... Where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of twentyfive cents, and shall not exceed the retail price or value of fifty cents, two cents.................................................................... Where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of fifty cents, and shall not exceed the retail price or value of seventy-five cents, three cents........................................................................... Where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of seventyfive cents, and shall not exceed the retail price or value of one dollar, four cents.................................................................. Where such packet, box, bottle, pot, phial, or other enclosure, with its contents, shall exceed the retail price or value of one dol lar, for each and every fifty cents or fractional part thereof o v e r a n d a b o v e t h e o n e d o lla r , a s b e f o r e m e n tio n e d , a n a d d i tio n a l tw o c e n ts ................................................................................................. P l a y i n g c a r d s .— F o r a n d u p o n e v e r y p a c k o f w h a t e v e r n u m b e r , w h e n t h e p r i c e p e r p a c k d o e s n o t e x c e e d e ig h t e e n c e n ts , o n e c e n t ........................................................................................................................... O v e r e ig h t e e n c e n t s a n d n o t e x c e e d in g tw e n ty -fiv e c e n ts p e r p a c k , two cents....................................................................................... Over twenty-five and not exceeding thirty cents per pack, three cents Over thirty and not exceeding thirty-six cents per pack, four cents Over thirty-six cents per pack, five cents.......................................... 1 2 3 4 2 1 2 3 4 5 L E G A C IE S AND D IST R IB U T IV E S H A R E S O F P E R S O N A L P R O P E R T Y . Sec. 111. A nd he it further enacted, T h a t a n y p e r s o n o r p e r s o n s h a v in g in c h a r g e o r t r u s t , a s a d m i n i s t r a t o r s , e x e c u to r s , o r t r u s t e e s o f a n y le g a c ie s o r d i s t r i b u t i v e s h a r e s a r is in g f r o m p e r s o n a l p r o p e r t y , o f a n y k in d w h a ts o e v e r , w h e r e t h e w h o le a m o u n t o f s u c h p e r s o n a l p r o p e r t y , a s a f o r e sa id , s h a l l e x c e e d t h e s u m o f o n e t h o u s a n d d o l la r s in a c t u a l v a lu e , p a s s in g fro m a n y p e r s o n w h o m a y d ie a f te r t h e p a s s a g e o f t h is a c t p o s s e s s e d o f s u c h p r o p e r t y , e i t h e r b y w ili o r b y t h e i n t e s t a t e la w s o f a n y S t a t e o r T e r r i to r y , o r a n y p a r t o f s u c h p r o p e r t y o r i n t e r e s t t h e r e i n , t r a n s f e r r e d b y d e e d , g r a n t , b a r g a i n , s a le , o r g if t, m a d e o r i n te n d e d t o t a k e e ffe c t in p o s se ss io n o r e n jo y m e n t a f te r d e a t h o f t h e g r a n t o r o r b a r g a i n o r , t o a n y p e r so n o r p e r s o n s , o r t o a n y b o d y o r b o d ie s p o l it i c o r c o r p o r a t e , in t r u s t o r o th e r w is e , s h a ll b e , a n d h e r e b y a r e , m a d e s u b j e c t t o a d u t y o r ta x , t o b e p a id to t h e U n i t e d S ta te s , a s fo llo w s, t h a t is t o s a y : F i r s t , W h e r e t h e p e r s o n o r p e r s o n s e n t i t l e d t o a n y b e n e fic ia l i n t e r e s t in s u c h p r o p e r t y s h a ll b e t h e lin e a l is s u e o r lin e a l a n c e s to r , b r o t h e r o r s is te r, to t h e p e r s o n w h o d ie d p o s s e s s e d o f s u c h p r o p e r t y , a s a f o re s a id , a t a n d a f te r t h e r a t e o f s e v e n ty -fiv e c e n t s f o r e a c h a n d e v e r y h u n d r e d d o l l a r s o f t h e c l e a r v a lu e o f s u c h i n t e r e s t in s u c h p r o p e r t y . 284 L a w s R e la tin g to the E x c is e T a x . [September, Second, Where the person or persons entitled to any beneficial interest in such property shall be a descendant of a brother or sister of the per son who died possessed, as aforesaid, at and after the rate of one dollar and fifty cents for each and every hundred dollars of the clear value of such interest. Third, W here the person or persons entitled to any beneficial interest in such property shall be a brother or sister of the father or mother, or a descendant of a brother or sister of the father or mother of the person who died possessed, as aforesaid, at and after the rate of three dollars for each and every hundred dollars of the clear value of such interest. Fourth, W here the person or persons entitled to any beneficial interest in such property shall be a brother or sister of the grandfather or grand mother, or a descendant of the brother or sister of the grandfather or grandmother of the person who died possessed, as aforesaid, at and after the rate of four dollars for each and every hundred dollars of the clear value of such interest. Fifth, Where the person or persons entitled to any beneficial interest in such property shall be in any other degree of collateral consanguinty than is hereinbefore stated, or shall be a stranger in blood to the person who died possessed, as aforesaid, or shall be a body politic or corporate, at and after the rate of five dollars for each and every hundred dollars of the clear value of such interest: Provided, That all legacies or property passing by will, or by the laws of any State or Territory, to husband or wife of the person who died possessed, as aforesaid, shall be exempt from tax or duty. S ec. 112. A nd belt further enacted, That the tax or duty aforesaid shall be a lien and charge upon the property of every person who may die as aforesaid, until the same shall be fully paid to and discharged by the United States; and every executor, administrator, or other person who may take the burden or trust of administration upon such property shall, after taking such burthen or trust, and before paying and distribu ting any portion thereof to the legatees or any parties entitled to benefi cial interest therein, pay to the collector or deputy collector of the dis trict the amount of the duty or tax, as aforesaid, and shall also make and render to the assistant assessor of the district a schedule, list, or state ment of the amount of such property, together with the amount of duty which has accrued or should accrue thereon, verified by his oath or affir mation, to be administered and certified thereon by some magistrate or officer having lawful power to administer such oaths, in such form and manner as may be prescribed by the Commissioner of Internal Revenue, which schedule, list, or statement shall contain the names of each and every person entitled to any beneficial interest therein, together with the clear value of such interest, which schedule, list, or statement shall be by him delivered to such collector; and upon such payment and delivery of such schedule, list, or statement, said collector or deputy collector shall grant to such person paying such duty or tax a receipt or receipts for the same in duplicate, which shall be prepared as is hereinafter provided; such receipt or receipts, duly signed and delivered by such collector or deputy collector, shall be sufficient evidence to entitle the person who paid such duty or tax as having taken the burden or trust of administer ing such property or personal estate to be allowed for such payment by the person or persons entitled to the beneficial interest in respect to 1 8 6 2 .] L a w s R e la tin g to the E x c is e T a x . 285 w h ic h s u c h t a x o r d u t y w a s p a id ; a n d s u c h p e r s o n a d m i n i s t e r i n g s u c h p r o p e r t y o r p e r s o n a l e s t a t e s h a ll b e c r e d i t e d a n d a llo w e d s u c h p a y m e n t b y e v e ry t r i b u n a l w h ic h , b y t h e la w s o f a n y S t a t e o r T e r r i t o r y , is o r m a y h e e m p o w e r e d to d e c id e u p o n a n d s e t tl e t h e a c c o u n ts o f e x e c u to r s a n d a d m i n i s t r a t o r s : a n d in c a s e s u c h p e r s o n w h o h a s t a k e n t h e b u r d e n o r t r u s t o f a d m i n i s t e r i n g u p o n a n y s u c h p r o p e r t y o r p e r s o n a l e s t a t e s h a ll re fu s e o r n e g le c t t o p a y t h e a f o re s a id d u t y o r t a x to t h e c o ll e c t o r o r d e p u t y c o l l e c to r , a s a fo re s a id , w ith in t h e t im e h e r e in b e f o r e p r o v id e d , o r s h a ll n e g le c t o r re fu s e t o d e liv e r to s a id c o ll e c t o r o r d e p u ty c o ll e c t o r t h e s c h e d u le , lis t, o r s t a t e m e n t o f s u c h le g a c ie s , p r o p e r t y o r p e r s o n a l e s t a t e u n d e r o a th , a s a fo re s a id , o r s h a ll d e li v e r t o s a i d c o ll e c t o r o r d e p u ty c o lle c to r a fa ls e s c h e d u le o r s t a t e m e n t o f s u c h le g a c ie s , p r o p e r t y , o r p e r s o n a l e s ta te , o r g iv e t h e n a m e s a n d r e la ti o n s h ip o f t h e p e r s o n s e n title d to b e n e fic ia l i n t e r e s t t h e r e in u n t r u l y , o r s h a ll n o t t r u l y a n d c o r r e c tl y s e t f o r t h a n d s t a t e t h e r e i n t h e c le a r v a lu e o f s u c h b e n e fic ia l i n t e r e s t , o r w h e r e n o a d m i n i s t r a t i o n u p o n s u c h p r o p e r t y o r p e r s o n a l e s t a t e s h a ll h a v e b e e n g r a n t e d o r a llo w e d u n d e r e x is ti n g la w s, t h e p r o p e r o ffic e r o f t h e U n i t e d S t a t e s s h a ll c o m m e n c e s u c h p r o c e e d in g s in la w o r e q u it y b e fo re a n y c o u r t o f t h e U n i t e d S ta te s a s m a y b e p r o p e r a n d n e c e s s a ry t o e n fo rc e a n d re a liz e th e lie n o r c h a rg e u p o n s u c h p r o p e r ty o r p e r s o n a l e s ta te , o r a n y p a r t th e re o f, for w h ic h s u c h ta x o r d u t y h a s n o t b e e n t r u ly a n d j u s t l y p a id . U n d e r su c h p ro c ee d in g s t h e r a te o f d u t y o r ta x e n fo rc e d s h a l l b e t h e h ig h e s t r a te im p o s e d o r assessed b y th is a c t, a n d s h a l l b e in t h e n a m e o f t h e U n i t e d S ta te s a g a in s t su c h p e rso n o r p e rs o n s a s m a y h a v e t h e a c tu a l o r c o n s tru c tiv e c u s to d y o r p o ssessio n o f s u c h p r o p e r ty o r p e rs o n a l e s ta te , o r a n y p a r t th e re o f, a n d s h a ll s u b je c t s u c h p r o p e r ty o r p e r s o n a l e s ta te , o r a n y p o rtio n o f t h e sa m e , to b e sold u p o n th e j u d g m e n t o r d e c re e o f su c h c o u rt, a n d fro m t h e p ro c e e d s o f su c h s a le , t h e a m o u n t o f s u c h ta x o r d u t y , t o g e t h e r w ith a ll c o sts a n d e x p e n se s o f e v e ry d e s c rip tio n to be a llo w e d b y s u c h c o u rt, s h a ll be first p a id , a n d th e b a la n c e , if a n y , d e p o s ite d a c c o r d in g to t h e o r d e r o f s u c h c o u r t, to be p a id u n d e r its d ire c tio n to s u c h p e rs o n o r p e rso n s a s s h a ll e s ta b lis h t h e i r law fu l title to th e sa m e . T h e d eed o r d eed s, o r a n y p ro p e r co nveyance o f su ch p r o p e rty o r p e rs o n a l e s ta te , o r a n y p o rtio n t h e r e o f s o s o ld u n d e r s u c h j u d g m e n t o r d e c re e , e x e c u te d b y th e officer la w fu lly c h a r g e d w ith c a r r y in g th e s a m e in to effect, s h a ll v e s t in th e p u r c h a s e r th e r e o f a ll th e tit l e o f t h e d e lin q u e n t to t h e p r o p e rty o r p e rs o n a l e s ta te s o ld u n d e r a n d b y v ir tu e o f su c h j u d g m e n t o r d e c re e , a n d s h a ll re le a s e e v e ry o t h e r p o r tio n o f s u c h p r o p e rty o r p e rs o n a l e s ta te fro m th e lie n o r c h a r g e th e r e o n c r e a te d b y t h is act. A n d e v e ry p e rso n o r p e rs o n s w h o s h a ll h a v e in h is p o ssessio n , c h a r g e , or c u s to d y , a n y re c o rd , file, o r p a p e r, c o n ta in in g o r s u p p o s e d to c o n ta in a n y in fo rm a tio n c o n c e rn in g s u c h p r o p e r ty o r p e rs o n a l e s ta te , a s a fo re s a id , p a s s in g fro m a n y p e rs o n w h o m a y d ie, a s a fo re sa id , s h a ll e x h ib it t h e s a m e a t th e r e q u e s t o f t h e c o lle c to r o f th e r e v e n u e , h is d e p u ty , o r a g e n t, a n d to a n y law officer o f th e U n i t e d S ta te s , in t h e p e rfo rm a n c e o f h is d u t y u n d e r th is a ct, h is d e p u ty o r a g e n t, w h o m a y d e s ire to e x a m in e t h e s a m e ; a n d i f a n y su c h p e rs o n , h a v in g in h is p o ssessio n , c h a r g e , o r c u s to d y , a n y s u c h re c o rd s , files, o r p a p e rs , s h a ll re fu se o r n e g le c t to e x h ib it th e s a m e o n r e q u e s t, a s a fo re sa id , h e s h a ll fo rfe it a n d p a y t h e s u m o f five h u n d r e d d o l l a r s ; a n d in case o f a n y d e lin q u e n c y in m a k in g t h e s c h e d u le , lis t, o r s ta te m e n t, o r in th e p a y m e n t o f t h e d u t y o r t a x a c c r u in g , o r w h ic h s h o u ld a c c ru e th e r e o n , t h e a s s e s s m e n t a n d c o lle c tio n s h a ll b e m a d e as p ro v id e d for in t h e g e n e r a l p ro v isio n s o f th is a c t : Provided, In a ll le g a l c o n tro v e rs ie s w h e re s u c h d e e d 286 L a w s R e la t i n g to the E x c is e T a x . [S e p te m b e r, or title shall be the subject of judicial investigation the recital in said deed shall be presumed to be true, and that the requirements of the law had been complied with by the officers of the government. S e c . 113. A nd he it further enacted, That whenever by this act any license, duty, or tax of any description has been imposed on any corpo rate body, or property of any incorporated company, it shall be lawful for the Commissioner of Internal Revenue to prescribe and determine in what district such tax shall be assessed and collected, and to what officer thereof the official notices required in that behalf shall be given, and of whom payment of such tax shall be demanded. S ec. 114. A nd he it further enacted, That all articles upon -which du ties are imposed by the provisions of this act, which shall be found in the possession of any person or persons for the purpose of being sold by such person or persons in fraud thereof, and with the design to avoid payment of said duties, may be seized by any collector or deputy collector who shall have reason to believe that the same are possessed for the purpose aforesaid, and the same shall be forfeited to the United States. And the proceedings to enforce said forfeiture shall be in the nature of a proceed ing in rem in the circuit or district court of the United States for the district where such seizure is made, or in any other court of competent jurisdiction. And any person who shall have in his possession any such articles for the purpose of selling the same, with the design of avoiding payment of the duties imposed thereon by this act, shall be liable to a penalty of one hundred dollars, to be recovered as hereinbefore provided. A P P R O P R IA T IO N . S e c . 115. A nd be it further enacted, That the pay of the assessors, assistant assessors, collectors, and deputy collectors, shall be paid out of the accruing internal duties or taxes before the same is paid into the treasury, according to such regulations as the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury, shall pre scribe ; and for the purpose of paying the Commissioner of Internal Revenue and clerks, procuring dies, stamps, adhesive stamps, paper, print ing forms and regulations, advertising, and any other expenses of carry ing this act into effect, the sum of five hundred thousand dollars be, and hereby is, appropriated, or so much thereof as may be necessary. ALLOW ANCE AND D RAW BACK . Sec. 116. A nd he it further enacted, That from and after the date on which this act takes effect, there shall be an allowance or drawback on all articles on which any internal duty or tax shall have been paid, ex cept raw or unmanufactured cotton, equal in amount to the duty or tax paid thereon, and no more, when exported, the evidence that any such duty or tax has been paid to be furnished to the satisfaction of the Com missioner of Internal Revenue by such person or persons as shall claim the allowance or drawback, and the amount to be ascertained under such regulations as shall, from time to time, be prescribed by the Commis sioner of Internal Revenue, under the direction of the Secretary of the Treasury, and the same shall be paid by the warrant of the Secretary of the Treasury on the Treasurer of the United States, out of any money arising from internal duties not otherwise appropriated: Provided, That no allowance or drawback shall be made or had for any amount claimed 1 8 6 2 .] L a w s R e la t i n g to the E x c is e T a x . 28? or clue less than twenty dollars, anything in this act to the contrary not withstanding: A nd ■provided, further, That any certificate of drawback for goods exported, issued in pursuance of the provisions of this act, may, under such regulations as may be prescribed by the Secretary of the Treasury, be received by the collector or his deputy in payment of duties under this act. And the Secretary of the Treasury may make such regu lations with regard to the form of said certificates and the issuing thereof as, in his judgment, may be necessary : A nd provided, further, That in computing the allowance or drawback upon articles manufactured exclu sively of cotton when exported, there shall be allowed, in addition to the three per centum duty which shall have been paid on such articles, a drawback of five mills per pound upon such articles, in all cases where the duty imposed by this act upon the cotton used in the manufacture thereof has been previously paid ; the amount of said allowance to be as certained in such manner as may be prescribed by the Commissioner of Internal Revenue, under the direction of the Secretary of the Treasury. S ec . 117. A nd he it further enacted, That if any person or persons shall fraudulently claim or seek to obtain an allowance or drawback on goods, wares, or merchandise, on which no internal duty shall have been paid, or shall fraudulently claim any greater allowance or drawback than the duty actually paid, as aforesaid, such person or persons shall forfeit triple the amount wrongfully or fraudulently claimed or sought to be ob tained, or the sum of five hundred dollars, at the election of the Secre tary of the Treasury, to be recovered as in other cases of forfeiture pro vided for in the general provisions of this act. S ec . 118. A nd he it further enacted, That the sum of sixty thousand dollars appropriated to complete the capitol in New Mexico, by the sec ond section of an act of Congress, approved June twenty-five, eighteen hundred and sixty, and the sum of fifty thousand dollars, appropriated for military roads in New Mexico, by act of Congress, approved March two, eighteen hundred and sixty-one, be, and the same are hereby, credi ted to the Territory of New Mexico in payment of the direct annual tax of sixty-two thousand six hundred and forty-eight dollars levied upon said Territory under the eighth section of an act of Congress, approved August five, eighteen hundred and sixty-one, to be taken up on account of said direct tax under said [act] as the same may fall due to the U ni ted States from said Territory. S ec . 119. A nd he it further enacted, That so much of an act entitled “ An act to provide increased revenue from imports to pay interest on the public debt, and for other purposes,” approved August fifth, eighteen hun dred and sixty-one, as imposes a direct tax of twenty millions of dollars on the United States, shall be held to authorize the levy and collection of one tax to that amount; and no other tax shall be levied under and by virtue thereof, until the first day of April, eighteen hundred and sixtyfive, when the same shall be in full force and effect. G A LU SH A A. G RO W , Speaker o f the House o f Representatives. SO LO M ON FO O T, President of the Senate protempore. A p p ro v e d July 1, 1862. ABRAHAM L IN C O L N . 288 [September, I n d e x to E x c is e T a x . INDEX. Note.—For modifications of so much of the act of August 6,1861, as relates to the tariff, see the tariff act of 1862. II. A. PAGE. Accounts kept for each district, e tc .. 237 Administrator, (see Executor.) Advertisements, returns to be made. 269 Bate of duty on.............................. 269 Agents for claims, etc., license for . . . 253 Agreement or contract, stamp duty.. 277 Ale, licenses for.................................. 239 Rate of duty on ............................ 243 Allowance, (see Drawback.) Apothecaries, license for.................... 253 Appeals, assessors to hear, etc.......... 229 To be in writing.............................. 229 Appropriation for refunding taxes wrongfully paid.......................... 238 For payment of salaries................ 286 For dies, stamps, paper, etc.......... 286 Assessors for assessing internal reve nue, etc., to be appointed........... 224 To take an oath...... ...................... 225 Duties of......................................... 226 To advertise place where lists may be examined, e t c .........................229 May examine and equalize............ 229 To make lists of persons liable to taxation.......................... 229 To send lists to collector within ten days after hearing appeal.......... 230 Compensation o f ........................... 230 Assessments for internal revenue, pro visions concerning................225, 230 Ass’t assessors, etc., to be appointed. 225 To take oath................................... 225 Duties of......................................... 226 To make list of goods liable to as sessment and duty...................... 228 To make two general lists of goods 228 To make lists of persons liable to pay tax and amount................... 228 To send lists to assessors within thirty days.................................. 229 Compensation of............................. 230 To assess duties on manufactures.. 256 Auctioneers, not to sell at private sale 248 Penalty for selling at private sale. 248 License for...................................... 248 To make returns of gross sales.. . . 262 Penalty on, for neglect to make re turn............... 262 Auction sales, duty on gross amount of 262 Duty on.......................................... 262 PA G E. Banks, profits of, rate of duty on___ 266 To render statement semi-annually 267 Penalty on, for neglect to make re turn ............................................. 267 Bank checks, stamp duty on............. 277 Bankers, license for............................ 249 Barytes, sulphate of, duty on............ 259 Beer, collectors to grant licenses for the manufacture of..................... 239 Rate of duty on.............................. 243 Bills of lading, stamp duty on.......... 278 Billiard tables, license for.....................262 Duty o n .......................................... 263 Bills of exchange, (inland,) stamp duty on........................................ 277 Foreign, stamp duty on.................. 277 Bonds, stamp duty on...........................278 Of railroads, rate of duty on......... 265 Books not regarded as manufactures. 262 Bowling alleys, license for....................252 Breweries, etc., collectors, etc., author ized to inspect............................ 236 Brewers to make application for li cense in writing.......................... 239 To keep a record of the quantity manufactured, etc....................... 244 To keep a record of the quantity of grain and other productions used 244 May remove for storage .............. 244 To verify, on oath, his entries........245 Penalty on, for neglect to make tiue report.................................. 245 Penalty on, for neglect to pay duties 246 To furnish an abstract of the entries of his books................................ 246 Penalty on, for neglect to furnish ab stract of the entries of his books. 247 License for...................................... 250 Bridges, toll, to make monthly re turns of gross receipts................ 264 Penalty on, for neglect to make monthly return............................ 265 Penalty on for fraudulent retu rn .. 265 Brokers, license for............................ 251 Commercial, license for.....................251 Land warrant, license f o r ............ 251 C. Calfskins, duty on. 260 1 8 6 2 .] 289 I n d e x to E x c is e T a x . PAGE PAGE California to have additional districts for the collection of internal revenue 225 Candles, duty o n ..’. .............................257 Carriages, etc., duty on...................... 262 Cassia, ground, duty on..................... 258 Cattle, slaughtered, duty on.............. 263 Brokers, license for......................... 252 Certificate of deposit, stamp duty on 279 Of profits, stamp duty on.............. 278 Of stock, stamp duty on...................278 Other description of......................... 279 Charter party, stamp duty on........... 279 Chocolate, duty o n ............................ 258 Cigars, duty on................................... 259 Circuses, license for........................... 251 Claim agents, license for.................... 253 Clock movements, duty on...................259 Cloth, duty on.................................... 261 Cloths, dyed, printed, etc., duty o n .. 261 Cloves, ground, duty on..................... 258 Coal oil removed for exportation...... 242 Duty on.......................................*, 258 Coal oil distillers, license for............. 252 Coals, mineral, duty on...................... 257 Cocoa, prepared, duty on.................. 258 Coffee, ground, duty on...................... 258 Collector to be appointed.................. 224 Oath................................................... 224 May appoint deputies.................... 225 To give bond of sufficient surety™. 225 Duty of the..................................... 225 Collectors to be appointed................. 224 Duty of, on receipt of lists from assessors...................................... 231 To advertise when and where taxes are payable................................. 231 To make demand of taxes within twenty days................................ 231 To distraint for non-payment taxes 231 To seize and sell real estate......... 232 To keep a record of sales of land.. 233 Duty of, iu cases of real estate... . 234 To make monthly statements........ 234 To complete collection in 6 months 235 To be charged with amount of taxes 235 To be credited with amount sent to other collectors........................ 235 Penalty for not accounting for taxes 235 Penalty for extortion.........................236 To enter and inspect breweries, etc., during.the daytime.......................236 In case of sickness or death........... 237 To collect all duties and ta x e s.. . . 237 Compensation of............................. 238 To grant licenses for the manufac ture of spirits, etc....................... 239 May grant permits for removal of spirits........................................... 242 May grant permits for removal of spirits or coal oil for exportation 242 To take, etc., manufactures on ne glect to pay duties..................... 255 Collectors, commissions to, for the sale of stamps for duties............ 274 Commercial brokers, license for........ 251 Commissioner of revenue created.. . . 224 Salary, duties, and powers............ 224 To stamp instruments not charge able with duty............................ 275 To designate what district corpora tions shall pay tax...................... 286 Commissions to collectors for the sale 274 of stamps....................... Conducting hose, duty on.................. 260 Confectioners, license for.................... 252 Contract, stamp duty on.................... 279 Conveyance, stamp duty on................. 279 Corporations to pay taxes in district designated by Commissioner... . 286 Cosmetics, stamp duty on.................. 282 Cotton, duty on................................... 261 Manufactures of, duty on................ 261 Manufactures exported.................. 286 V OL. X L V II.---- N O . I I I . 19 D. Dentists, license for............................ 253 Depositaries in each State to be desig nated by Secretary of Treasury. 235 Direct tax credited to New Mexico.. 287 Limited to one year...................... 287 Distiller, application for a license___ 239 To report additional still or stills.. 238 To keep record of gallons distilled. 238 To render tri-monthly accounts.. . 238 To state place and capacity of still 240 Penalty on, for false statement___ 240 May erect a fire-proof warehouse, to be a bonded warehouse........ 241 To keep a record of the quantity of spirits made and sold................ 241 To render tri-monthly accounts... 241 To keep record of the quantity of grain, etc...................................... 242 To verify entries in his books........ 248 Penalty for neglect to pay duties.. 246 To furnish an abstract of the entries of his books.................................. 246 Penalty on, for neglect to furnish abstract........................................ 247 License for............................; . . . . 250 Of coal oil, license for.................... 252 Distilleries, collectors, etc., authorized to enter during the daytim e.. . . 236 Application for license for............. 239 Distraint, when tax is not paid. .231, 246 Duty of officer in case of........ 231, 246 Eights of parties under.. . . . .238, 246 Drawback allowed on certain articles 286 Certificates of, receivable for duties 287 Additional, on cotton manufactures 287 Drugs and medicines not to be sold -without stam p............................ 275 290 [September, I n d e x to E x c is e T a x . PAGE PAGE Duties, to be paid in ten days— Manufactures of knitting th read .. . 255 Manufactures after August 1, 1862 257 Duties, internal, amount of, on— Candles............................................ 257 Mineral coals................................... 257 Gas............ . ...................................... 257 Vegetable oils................................ 257 Coal oil............................................ 258 Ground coffee.................................. 258 Ground spices, etc.......................... 258 Sugar............................................... 258 Sugar candy................................. 258 Chocolate......................................... 258 Saleratas......................................... 258 Starch.............................................. 258 Tobacco............................................ 258 Snuff................................................ 259 Cigars.............................................. 259 Gunpowder.................................... 259 White lead...................................... 259 Oxide of zinc................................... 259 Sulphate of barytes...........................259 Paints and painters’ colors............ 259 Clock movements........................... 259 Pins................................................. 259 Umbrellas and parasols................ 259 Screws............................................. 259 Iron.................................................... 259 Paper.............................................. 260 S o ap ................................................ 260 S alt.............. . ................................. 260 Preserved fruit, meats, etc............ 260 Glue and gelatine........................... 260 Glue and cement............................ 260 L eather........................................... 260 Calfskins........................... 260 Morocco, etc.................................... 260 Conducting hose.............................. 260 Wine................................................ 260 Varnish.............................................. 260 Furs................................................. 260 Cloth................................................ 261 Diamonds.......................................... 261 Cotton.............................................. 261 Manufactures cotton, silk, glass, die. 261 Duty, internal, amount of, on— Gloves and mittens...........................261 Magazines, books, etc., not manu factures........................................ 262 Carriages......................................... 262 Pleasure or racing vessels.............. 263 Yachts .......................................... 268 Billiard tables................................. 263 P late................................................ 263 Slaughtered cattle, hogs,andsheep 263 Railroads, steamboats, etc............ 264 Railroad bonds............................... 265 Emeralds, duty on................................ 261 Enamelled leather, duty on................ 260 Entry of goods at custom-house....... 280 Estates of deceased persons.................284 Executors of, to make list of pro perty, etc..................................... 284 Exchange, (see Bills of Exchange.) Executors to make list of property.. 284 Penalty on, for neglect or false re t u r n . . . . ................. 285 May carry on trade of a licensed deceased person......................... 248 Express companies not to receive packages, etc., without stam p... 275 Penalty for receiving packages without stamp............................. 275 Extortion, penalty for....................... 236 Express packages, etc., stamp duty on 278 F. Fancy soap, duty on.............................260 Fees of inspectors of spirits to paid by owner........................................... 241 Ferry boats to make returns of their gross receipts.............................. 264 Rate of duty on passengers in .. . . 264 Fines, (see Forfeitures.) First Controller of the Treasury to report delinquent collectors........ 235 Forfeitures to be collected by suit.... 237 Franking privilege allowed commis sion of internal revenue............. 224 Fraud, proceedings in cases of.......... 286 Furs, duty on...................................... 260 G. Gas, duty on....................................... 257 Gelatine, duty on................................ 260 Ginger, ground, duty on.................... 258 Goods, wares, etc., retail dealers in, license for.................................... 249 Wholesale dealers in, license fo r.. 249 Sold at place of manufacture,license not required for.............................253 Value and quantity of, estimated by actual sales............................ 257 For consumption, value estimated by market value......................... 257 Gloves, duty on................................... 261 Glue and gelatine, duty on...................261 And cement, duty on............. 260 Ground spices, duty on.........................258 Pepper, duty on............................. 258 Mustard, duty on............................ 258 Pimento, duty on............................ 258 Cloves, duty on.............................. 258 Cassia, duty o n .............................. 258 E. Ginger, duty on.............................. 258 Fating houses, license for.................. 251 Gunpowder, duty on.......................... 259 1 8 6 2 .] I n d e x to E x c is e T a x . 291 PA G E License, executors, etc., may carry on trade under a deceased person’s. 248 Hogs, slaughtered, rate of duty o n ... 263 For bankers.................................... 249 Horse dealers, license for.................. 252 For auctioneers.............................. 249 Hotels, inns, and taverns, license for. 250 For wholesale dealers in liquors.. . 249 Penalty, for fraud in return of rent 251 For retail dealers in liquors.......... 249 Hire, contract for......................;........ 280 For retail dealers of any goods.. . . 249 For wholesale dealers of any goods 249 I. For pawnbrokers............................ 249 Forrectifiers.................................... 250 Income tax, amount to be levied.. . . 270 For distillers.................................. 250 How estimated................................ 270 For brewers.................................... 250 Tax'of August 5, ’61, repealed.269, 270 For hotels, inns, and taverns......... 250 Rate of............................................ 270 For steamers carrying passengers. 250 Limitation of................................... 271 For eating-houses............................ 251 Persons to make returns of........... 271 For brokers..................................... 251 Assessors to make return of.......... 272 For commercial brokers................. 251 Inns, (see Hotels.) For land warrant brokers................. 251 Inspectors of spirits to be appointed For tobacconists.............................. 251 by collector................................... 241 For theatres................................... 251 Duties of.......................................... 241 For circuses..................................... 251 Penalty on, for fraud in m arking.. 241 For jugglers.................................... 251 Internal revenue, commissioner of, For bowling alleys............................252 created......................................... 224 For billiard tables.......................... 252 Salary, duty, and power...................224 For confectioners.................... 252 Insurance companies, rate of duty on For horse-dealers............................ 252 profits of....................................... 266 For livery stable keepers.................252 To render statement of profits.266, 267 For cattle brokers.......................... 252 Penalty on, for neglect to render For tallow chandlers.........................252 statement of the profits................. 267 For soap-makers............................. 252 Life, stamp duty on......................... 280 For coal oil distillers...................... 252 Marine, inland,& fire, stamp duty on 280 For peddlers................................... 252 Iron, duty on...................................... 259 For apothecaries............................. 253 For manufacturers.......................... 253 J. For photographers.............................263 For lawyers.................................... 253 Jewelry, peddlers of, license for........ 252 For physicians, surgeons, & dentists 253 Duty on........................................... 261 For claim and patent agents.......... 253 Jugglers, license for........................... 251 Not required in certain cases........ 253 Not required to sell at the place 14. of manufacture....................253, 254 Not to be against State laws........ 254 Knitting thread, duties on, to be paid States may tax, for State purposes 254 by whom...................................... 255 Lists, assistant assessors to m ak e... . 228 When sent to assessors.................. 226 I>. When sent to collector............228, 229 Liquors, wholesale dealers in, license 249 Lager beer, collectors to grant licenses Retail dealers in, license for.......... 249 for the manufacture o f .............. 2S9 Rate of duty on.............................. 243 Livery stable keepers, license fo r ... 252 Land warrant brokers, license fo r.. . 251 in . Lawyers, license for. ...........................253 Lease agreement, etc., stamp duty on 280 Leather, duty o n ................................. 260 Manifest for custom-house, stamp duty Legacies, rate of duty on.................. 283 o n ................................................ 280 Legal documents, stamp duty on. . . . 281 Manufacturers, license for.................. 253 License for the manufacture of spirits, What to furnish assistant assessors 254 ale, etc., by whom granted........ 239 To make monthly returns.............. 254 After August 1, 1862.................... 247 To pay duties monthly............254, 255 Requirements to obtain................ 247 Paying duties on goods for others Penalty for not taking out............ 247 to have lien on the goods.......... 255 Conditions of................................... 247 To make monthly returns of the To be taken out for each tra d e .... 248 articles removed......................... 276 292 I n d e x to E x c is e T a x . PAGE [S ep tem b er, PAGE Penalty on inspectors fraudulently Manufactures sold at the place where marking casks, etc...................... 241 made, license not required for. . 253 For fraud to evade payment of To be forfeited and sold for neglect duties on spirits.......................... 241 to pay duties.............................. 255 On brewer for neglect to make What exempt from duty........ 256, 257 true reports................................. 245 Estimated by actual sales.. . . . . . . 257 On distillers and brewers for ne Bate of duties on............................ 257 glect to pay duties..............245, 246 Of cotton, silk, etc., duty on.......... 261 On distillers and brewers for ne Of cotton expt’d; drawback allowed 287 glect to furnish abstract of en McCulloh, Professor, manual of com tries............... .......................246, 247 mercial values of spirits adopted 240 On trades and occupations for not Medicines & preparations, stamp duty 282 taking out license....................... 247 Not to be sold without stamp........ 275 On auctioneers for selling at private Mineral coals, duty on........................ 267 sale.................... 248 Mittens, duty o n ................................ 261 On hotels, inns, &taverns for fraud 250 Morocco, etc., duty on........................ 260 For not paying duties on m’factures 256 Mortgage of lands, etc., stamp duty on 280 For removing cotton before the tax Mustard, ground, duty on.................. 258 is paid.......................................... 261 N. On auctioneers for neglect to make return of s a le s ........................... 262 Nebraska, direct tax credited to........ 239 For neglect to make return of the Ne<v Mexico, direct tax credited t o .. 2S7 number of cattle, hogs, and sheep Newspapers, of less than 2,000 sub slaughtered.................................. 264 scribers............................ - ........... 269 On railroads for neglect to make Non-residents, lists of, to be made in return of their gross receipts___ 265 each district................................ 229 On steamboats for neglect to make Duty of the collector in case of taxes return of their gross receipts___ 265 on property of...................... 232, 233 On ferry-boats for neglect to make return of their gross receipts... 265 o. On banks, etc., for neglect to make return of p ro fits...........................267 Oath of assessors and assistant asses For neglect to make return of ad sors of internal revenue .......... 225 vertisements................................ 269 Certificate of................................... 225 For fraudulent return of advertise Penalty for acting without............ 225 ments........................................... 269 Of distiller, to verify entries in his For neglect to pay income tax . . . 271 records......................................... 243 For not using stamp for duties.. . . 272 Of brewer, to verify entries in his For forging, counterfeiting, or mis records......................................... 245 using stamps for duties.............. 273 Occupations, (see Trades.) For not cancelling stam ps............ 273 Officers of the government, rate of On express companies for receiving duty on the salaries o f .................268 packages, etc., without stam p... 275 Oil, coal, duty on................................ 258 On telegraph companies for receiv Oils, animal and vegetable, duty on. 257 ing despatches without stam p .. 275 For preparing drugs and medicines P. without stamp............................ 275 For removing stamps from articles Paints and painters’ colors, duty on.. 259 named in schedule 0 .................. 276 Paper, duty on.................................... 260 For selling articles mentioned in Parasols, duty on................................ 259 schedule C. without stamp........ 276 Passage tickets, stamp duty on........ 281 On executors of deceased persons. 285 Patent agents, license for.................. 253 For refusal to exhibit files &records 285 Pawnbrokers, license for.................... 249 For presenting fraudulent claim for Peddlers, license fo r.......................... 252 drawback .................................. 287 Penalty not sending lists to assessors 229 Not paying internal taxes............. 231 Pepper, ground, duty on.................... 258 Of collectors failing to account.. . . 236 Perfumery, stamp duty on................. 282 Of collectors for extortion, etc___ 236 Photographs, license for.................... 253 Physicians, license for........................ 253 Por refusing to admit collectors, etc., into any manufactory......... 236 Pimento, ground, duty on.................. 258 For false swearing......................... 237 Pins, duty on...................................... 259 On distiller for false statem ent... . 240 Playing cards, stamp duty on............ 283 1862.] I n d e x to E x c is e T a x . PAGE 293 PAGE Plate, silver, duty on.................. 262, 263 Spirits, may be removed to any place Porter, collectors to grant licenses.... 239 in U. S. after inspection.............. 242 Rate of duty on.............................. 243 May be removed for exportation. . 242 Power of attorney, stamp duty on... 281 Stamps,used for duties after Oct. 1, ’62 272 Preserved fruits and meats, duty on. 260 Penalty for not using.........................272 President, duty of, where act cannot For one instrument not to be used be executed.................................. 238 for another......................................272 Probate of will, stamp duty.............. 281 Penalty for forging, etc.......... 273, 274 Property to be restored on payment Penalty for not cancelling.............. 273 of taxes........................................ 232 Commissions to collectors for sale of 274 Exempt from distraint................... 232 Removed from articles.................... 276 Disposition of the surplus proceeds Dies, etc., appropriation for............ 286 of sale o f .................................... 232 Stamp duties, on agreem’nt or contract 277 Protest, stamp duty on.........................281 On bank checks................................. 277 On bills of exchange, (inland)........277 R. On bills of exchange, (foreign).. . . 277 On bills of lading...............................278 Railroad bonds, duty on..................... 265 278 On express............................... Iron, duty on................................... 259 On bond..............................................278 Railroads, to make return of number On certificates of stock, etc.............. 278 of passengers............................... 264 On charter party...............................279 Receipts, duty on........................... 264 On contract...................................... 279 Penalty on, for fraudulent return... 265 On conveyance................ 279 To make returns of bonds issued.. 266 Despatch, (telegraphic).....................279 Penalty for neglect to make return . 266 Entry of goods at custom-house... 280 Real estate, time and place of sale to Insurance, (life)................................ 280 be advertised................................ 232 Insurance, (marine, inland, and fire) 280 Deed given according to State laws 233 Lease agreement, etc...................... 280 Rights of third parties................... 233 Manifest for custom-house.................280 Collectors to keep record of sale of 234 Mortgage of land, etc..................... 280 Duties of collector when redeemed 234 Passage ticket................................. 281 Of collector to be levied on in case Power of attorney.......................... 281 of delinquency........................ 235 Probate of will............................... 281 May be sold for internal ta x .......... 233 Stamp duty, on protest...................... 281 Rectifiers, license for.......................... 250 On warehouse receipt.......................281 Redemption of real estate.................. 234 On legal documents.......................... 281 On medicines and preparations.. . . 282 S. On perfumery and cosmetics......... 282 On playing cards............................ 283 Salaries of officers, etc., duty on........ 268 Appropriation for............................ 286 Starch, duty on.................................... 258 Sale, for non-payment taxe s . . . 231, 232 State, licenses not to be against laws of 254 Saleratus, duty on............................... 258 States, etc., where act cannot be exe cuted................................... 238 Salt, duty o n ........................................ 260 Savings institutions, duty on profits.. 266 Steamboats, to make monthly return of passengers.................................264 To make return of profits.............. 266 Gross receipts, duty on.................. 265 Penalty for neglect to make return 267 Penalty on, for fraudulent retu rn .. 265 Screws, duty on.............................. 259 Sheep, slaughtered, duty on.................263 Steamers, passengers, license fo r.. . . 251 Silk, manufactures of, duty on.......... 261 Still, (see distillery.) Snuff, duty on................................. 259 Sugar, duty on.................................... 258 Soap, duty on...................................... 260 Sugar candy, duty on...........................258 Soap makers, license for.................... 252 Sulphate of barytes, duty on............ 259 Sole leather, duty on.......................... 260 Surgeons, license for.......................... 253 Spirits, collectors to license man’fture 239 T. Distilled after August 1, 1 8 6 2 .... 240 First proof, the standard of........... 240 Prof. McCulloh’s labels adopted. . . 240 Tallow chandlers, license for.................252 Taverns, (see hotels.) Inspectors, appointed by collector 240, 241 Taxes, internal, collector to advertise when and where payable.......... 231 Duty of inspector of....................... 241 Penalty to evade payment of duties 241 Penalty for not paying.....................231 To be collected within six months. 235 Made and sold, to be recorded.. . . 241 294 I n d e x to E x c is e T a x . [S ep tem b er, PA G E Taxes wrongfully collected refunded. 238 Tax to be a lien upon property of de ceased persons............................ 284 Telegraph companies not to receive messages without stamp............ 27 5 Telegraphic despatches, stamp duty. 279 Tennessee, time for paying direct tax extended......................................239 Theaters, license for........................... 251 Tobacco, duty on................................ 258 Tobacconists, license for.................... 251 Trades and occupations to be licensed after August 1, 1862.................. 247 Requirements to obtain license for 247 Penalty for not taking out license. 247 Conditions of license to.................. 247 License to be taken out for each.. . 248 Treasury, Secretary of, may declare what is a bonded warehouse. . . . 241 C. Umbrellas, duty on. Varnish, duty on................................ 260 Vessels, pleasure or racing, duty on. 263 TV. Warehouse, (bonded,) erected by dis tiller............................................. Receipt stamp, duty on.................. White lead, duty on.......................... Wine, duty on..................................... Wholesale dealers’ license.................. 241 281 259 260 249 V. Yachts, duty on.................................. 263 Z. 259 Zinc, oxyde of, duty on 259 1 8 6 2 .] 295 D i s t i l l a t i o n o f P e tr o le u m . DISTILLATION OP PETROLEUM. S P E C IF IC A T IO N S O F T H E P A T E N T G R A N T E D TO C H A R L E S B L A O H F O R D M A N S F IE L D , O F C L A R E H A L L , I N T H E U N IV E R S IT Y OF C A M B R ID G E , F O R AN IM P R O V E M E N T I N T H E M A N U FA C TU R E AND P U R IF IC A T IO N O F S P IR IT U O U S SU B STA N CES, AND O IL S A P P L IC A B L E TO T H E P U R P O S E S O F A R T IF O IA L L IG H T A N D V A R IO U S U S E F U L A R TS. [C o n tin u ed fro m page 147.] I now p r o c e e d t o s ta te h o w th e s e s u b s ta n c e s m a y m a r k in g th a t I s h a ll d e s c r i b e o t h e r p r o p e r t i e s of be o b t a i n e d , f ir s t r e of t h e s e s p i r it u o u s som e s u b s ta n ce s a n d o ils , w h e n t r e a t in g o f t h e p r e p a r a t io n o f e a c h . A n d firs t I w ill d e s c r ib e t h e m a n u f a c t u r e o f A llio le . This spirituous substance may be separated either from coal, or from coal-tar, or from the most volatile part of the oil distilled from coal-tar. I obtain this spirituous substance by reserving the first portion of oil which passes over on distilling the tar, or the most volatile oil distilled from the tar in the ordinary manner ; and it is convenient to separate the first portion equal to one-eighth of the light oil or naphtha, which is ex pected from the retort; but the smaller the quantity set aside at first, the purer, more volatile will the spirituous substance be. I t is convenient sometimes to continue to receive the distillate, so long as a sample taken from it will yield a flame entirely white on igniting a current of air passed through it, as above described, in respect to what I have called a test bottle; and this applies equally to the rectification by steam, or by simple distillation with or without water. By repeating this process with the portion set aside at first, and again reserving the first portion, a more volatile spirit may be obtained, and this will be more volatile the oftener the process is repeated. The residue which remains each time may be added to the common naphtha; and in so treating the oil or naphtha, I prefer to distil the oil or naphtha in a retort by heat applied without admit: ting steam or water into the oil or naphtha, and to use a thermometer in serted in the retort, or so connected with it as to indicate the temperature within the retort. And I prefer to set aside separately those portions that distil over while the temperature of the naphtha is rising through successive intervals of temperature ; by this means I separate the naphtha into several oils and spirituous substances differing in respect to their boiling tempera tures ; and by repeating this process several times on the first products, I obtain a considerable quantity of a very volatile spirituous substance, whose boiling temperature is between 60° and 80°, which does not solidify by the application of cold about 20° (that is 20° below zero.) This process may be considered tedious, but it yields a very volatile spirituous substance as a result, and a similar process is applicable to obtaining in a more or less pure state the other sjiirituous substances and oils before mentioned. Or I ap ply to the coal-tar or crude naphtha any of the usual processes which are well known, and which are applied to the distillation and rectification of spirit of wines, the residue, in the case of spirit of wine, being a watery fluid, and in this case tar or oil. 296 D i s t i l l a t i o n o f P e tr o le u m . [S ep tem b er, As what relates to rectification applies equally to benzule as to the alliole in coal-naphtha, and the benzule is the more important and more abundant product, I shall now pass on to the methods of obtaining benzule, observ ing that the same methods apply to alliole, except that when alliole is re quired separately, the first and most volatile portions, viz., such as distil over below, or only a little above 80°, must be reserved alone, while for benzule the temperature is allowed to rise higher before charging the re ceiver. T h e s a m e m e th o d s a p p ly to o b t a i n i n g t h e v o la tile s p ir itu o u s s u b s ta n c e s fro m o th e r t a r r y a n d b itu m in o u s a n d h y d ro -c a rb o n a c e o u s m a tte r s , s u c h a s w o o d -ta r, p e tr o le u m , m in e r a l n a p h t h a , o ils d is tille d fro m b itu m in o u s s c h ist, fro m c a o u tc h o u c , a n d o th e r s u c h m a t t e r s ; a n d i t m a y a lw a y s b e a s c e rta in e d b y a s in g le e x p e r im e n t, w ith a s m a ll r e t o r t a n d t h e r m o m e te r , a s a b o v e m e n tio n e d , w h e t h e r a n y s a m p le o f s u c h m a t t e r s c o n ta in s su ffic ie n t o f s p ir itu o u s s u b s ta n c e s to r e n d e r i t w o r th d is tillin g , i t b e in g o b s e rv e d w h e th e r a la r g e o r s m a ll fra c tio n o f t h e s u b s ta n c e d is tils o v e r a t a t e m p e r a t u r e b e lo w 1 0 0 ° , e x c e p t t h a t w h e n t h e a p p lic a tio n is m a d e t o s u b s ta n c e s o th e r t h a n c o a l- ta r o r c o a l- n a p h th a , w h a t is s a id o f a llio le a n d b e n z u le m u s t b e c o n s id e re d to a p p ly to s p ir itu o u s s u b s ta n c e s o f n e a r ly s im ila r v o la tility , b u t n o t n e c e s s a rily c o r re s p o n d in g in o t h e r p r o p e rtie s to a llio le a n d b e n z u le . The more perfect the system of rectification, the more free will the spirituous substance be from oils having less volatility; and for the pre paration of benzule such mode or modes of rectification are preferable as will allow as much as possible of a very volatile spirit which boils when pure at about 80° to pass over in vapor, and will keep back the vapors of the less volatile oils. The process of rectification which I recommend, is one in which the tar, crude-light oil, or crude-naphtha (but I prefer to use the crude-naphtha or light oil of tar) is placed in a retort, which is heated either by the direct application of fire, or by steam carried through it either in closed pipes, or by a pipe opening into the bottom of the retort; the vapors from the retort are conducted through a head in which a partial con densation of the less volatile vapors takes place, so that these are returned in the liquid state, either to the retort or to a separate receiver, and the most volatile vapors are allowed to pass on to a condenser, which is kept as cold as possible, and are then received separately. And I recommend that the first condenser or head consists of a room or chamber, with a lower opening, by which all condensed oil may flow back freely into the retort or other vessel, with an upper opening or pipe to conduct the uncondensed vapors to the next condenser ; and I recommend that, in the first distilla tion, this upper condenser should be surrounded with water, which should not be changed, but be allowed to rise in temperature as the distillation pro ceeds till it boils ; or there may be two or more such vessels, in each of which a partial condensation may take place so as to rectify the spirituous matters by one distillation, each being connected, if required, with a sepa rate special receiver for the less volatile part therein condensed; and the apparatus may be so arranged that the vapors from the retort or preceding condenser, either may or may not pass through the fluid in each succeeding receiver; and in case more than one such partial condenser is used, I re commend that the temperature of that nearest the retort be allowed to rise till the water surrounding it boils, and the temperature of the last, or that farthest from the retort, be kept at or below 50° or 60°, if alliole be re quired, or 80° or 85°, if benzule be required ; or that the temperature in 1862 .] D is tilla tio n o f P e tr o le u m . 29 1 the last partial condenser be kept below 60°, till vapors have ceased to es cape from it to the final condenser, which will be known by the cessation of distillation at the final receiver ; and then the fluid in the final receiver be ing set aside as alliole, the temperature in the last partial condenser may be allowed to rise again till it reaches 80° or 85°, and the distillate re ceived as benzule so long as it continues to run. I recommend that the size of the head or partial condenser, if only one be used, be of or about the same proportion to the size of the retort, as the condensing apparatus of an ordinary still bears to the still itself, but the water surrounding the head may be in a much smaller quantity than is necessary in such part of an ordinary still; if more than one partial condenser be used, they may be proportion ably smaller. And when I use the term “ head,” I would have it understood that I use it for brevity to express a partial condenser placed over a retort, in which an inner condensing chamber is surrounded with water, or sometimes with oil contained in an outer vessel. If this proportion be observed, it will usually be found that the distilla tion will proceed regularly while the temperature of the water in the head gradually rises, and that distillation will cease when the water in the head begins to boil. Distillation may then be continued either by drawing off the water from the head, or by opening another neck attached to the retort, through which the remaining naphtha may come over, which will not differ much from ordinary naphtha in any of its usually recognized properties. I then repeat this process any number of times, according to the degree of purity and volatility of the spirituous substance required ; or, as before stated, by means of successive partial condensers I obtain the requisite purity by one operation, and I regulate the temperature of the water surrounding the head by the volatility of the spirit required. The cooler the head be kept the more volatile and the less in quantity will be the spirit obtained. And I have two methods of ascertaining the volatility of the spirit which is distilled over at any time; first, by a thermometer which is either inserted in the retort, through its side or cover, through a cork or stuffing-box, or is kept loosely in a closed tube which projects from the side of the retort into the interior, which tube should be kept corked, to prevent access of cold air to the thermometer, (and in this case the thermometer will usually show a temperature two or three degrees lower than the true heat of boiling fluid,) or the bulb of the thermometer is placed in a small chamber connected with the upper part of the retort by a short neck, in which is a cork, by turning which vapor may be allowed access to the thermometer, or the thermometer may be attached, if successive partial condensers and receivers be used, in the same manner to the last partial receiver, through which the vapor passes before entering the last head or partial condenser. And here I may remark, that the more nearly the temperature of the retort on the second or any subsequent rectification, or if the successive rectifications be conducted by one operation, the temperature of the last chamber or receiver through which the vapor passes before passing through the last partial condenser, approximates to 80°, while the contents of the retort are in active ebulli tion, the more nearly will the fluid distilling at the same time approach to the nature of benzule, and the more easily will such spirit be purified by refrigeration, according to the method to be hereafter described. And I re commend that when benzule be required for purification by freezing, such temperature be not allowed to pass 90° before the receiver is changed. And as the temperature rises in the retort the distillate will be less and less 298 D i s t i l l a t i o n o f P e tr o le u m . [S e p te m b e r, volatile. And the other method in which I ascertain the volatility of the spirit is by the flame yielded by the test bottle, with a current of air, as be fore described. If a portion of the first, and therefore most volatile, dis tilled from the naphtha be placed in such a bottle, and common air be blown through the tube which reaches below the level of the fluid, as may be done conveniently from the mouth, and if a lighted match be at the same time applied to the mouth of the other tube, the air escaping will have taken up so much of the vapor of the spirit, that it will burn with a white flame. If samples be taken as they come from the still at intervals, and placed in such a test-bottle, it will be observed that the air will still burn with a white flame; after many such samples have been tried, as the temperature in the retort rises, however, it will be observed that the testbottle shows a diminution of the whiteness in the flame, which becomes more and more blue from below upwards, till only the tip of the flame will be white ; next the whiteness will disappear, and the flame will become en tirely blue. And if the distillation be conducted in a still which permits the whole of the naphtha to pass over, it will be observed that when the operation has been continued to a certain point, the test-bottle will no longer yield any flame. I find it convenient sometimes to regulate the change of the receiver by the observation of the flame, according to the volatility of the fluid required. It will be found that all that comes over on the second rectification of the spirituous matter below 90° will yield a good white flame; and about 100° about one-half or more of the flame will be white. And here I will further state the properties of the distillates obtained as the temperature advances, which it is the object of my invention to sepa rate from each other and to purify. The first portion of the distillate will generally be an extremely volatile spirituous substance, which, when purified, is of a peculiar alliaceous smell, somewhat resembling that of bi-sulphuret of carbon; it boils when pure at about 65° or 70°, and is changed by mix ture with concentrated sulphuric acid, which forms a compound with it. It does not solidify at 20° below zero. It will usually be obtained mixed with a certain quantity of the spirituous substance which next follows in the scale of boiling points. To obtain it moderately free from which, it is convenient to receive for alliole all that comes over before the boiling tem perature in the retort is 90° on the first rectification, and 80° on the sec ond ; or if distilled through a condensing head before the temperature of the head has passed 60°, but by extending the distillation from this spirit uous substance a little further, its volatility is but slightly diminished, and I obtain a mixture of it in any proportion with the spirituous substances of higher boiling points. If it be required to obtain alliole from the naphtha, the naphtha should not have been treated with concentrated acids before distillation, since this substance is, for the most part, changed by such sub stances. Immediately following alliole in the scale of boiling points is benzule, which, when pure, boils at 80°, and becomes solid at zero; it exists in the naphtha, in far larger quantities than the preceding oil, amounting in some cases to one-eighth of the light oil obtained from the ta r ; it has a smell somewhat resembling almonds when pure, and is extremely volatile. It is not destroyed by agitation with sulphuric acid, (by which I mean oil of vitriol,) and it is convertible into an oil resembling oil of bitter almonds by nitric acid. To obtain this oil in a state of moderate purity is the chief object of the rectification to which I subject the naphtha; I obtain it pure by a process hereafter to be described. (To be continued.) 1862.] 299 C o m m e rc ia l C h ro n ic le a n d R e v ie w . COMMERCIAL CHRONICLE AND REVIEW. THE FLUCTUATIONS IN GOLD— LAW S OF FINAN CE—R ISE IN GOLD AND EXCHANGE— IT S CAUSES— GOLD DEMAND FOR THE SOUTH— GEN ERA L SHERMAN’S ORDER— WANTS OF MANUFACTURERS— PRICE OF COTTON— HOARDING GOLD— REMITTANCE OF CAPITAL— CULMINATION OF GOLD P RICE— EXCHANGE RATES— S PEC IE MOVEMENT— CURRENT TOW ARDS THE CITY— GOLDEN GATE— RATES OF EXCHANGE— LARGE IMPORTS— ACCUMULATION OF MONEY— B A N K DEPOSITS— CIRCULATION— S ILV ER — 6M ALL N O T E S - U . S. DEPOSITS— CONVERSION— LARGE EX PEN 8E8— N EW LEVIES OF TROOPS—PRICES OF STOCKS— F A L L OF STOCKS— IN TEREST IN GOLD— DUTIES— INCREASED COST OF GOODS— TABLE OF IMPORT8— RISE IN PRICES TO COVER COST— DRAFTS CHECKED TRADE— EXPORTS— TABLE OF EXPORTS. A t the date of oar last number the gold movement, consequent upon the large issues of paper by the federal government, had culminated at a price of 20 per cent for gold and 131 for sterling exchange. This, in the latter case, was a rise of 10 percent in four weeks, and of 20 per cent in ninety days. So sudden a movement could not be expected to maintain itself, since it carried with it the seeds of its own reaction. The law of paper finance, although for a few weeks it may seem to be inoperative, does not fail to exert itself sooner or later, in spite of the most ingenious contrivances to avert its action; and abundance of paper, like the abundance of any other article, will not fail to depreciate its value, which depreciation expresses itself in an apparent rise in the value of other commodities as compared with it. The rise which took place in gold and exchange sprung from two causes that, although they may operate at times with less vigor, will never theless be permanent in their action as long as paper promises remain the grand resource of the government. The one leading cause is the dispi sition to hold gold, and the other, the distrust which induces the remittance of capital out of the country. Every attempt to interfere with the free movement of capital, however injurious it may apparently be, only aggra vates the evil. When the armies first advanced South, so as to bring the merchant in contact with the producer of raw materials, a large demand for gold was immediately perceptible, because the holders of materials in disturbed districts demanded gold only. The demand caused a rise in the price of the article, which had a damaging influence upon public credit; but the materials purchased with the gold were of far greater value to the idle manufacturers, who were suffering for cotton. Under these circum stances, General S h er m a n , in an evil hour, issued an order that gold should not be paid, but that holders should take paper. This proceeding had, of course, the effect to make sellers disappear, and General S h er m a n was con strained to rescind the order. W hen cotton is 45 @ 50 cents in the north ern market, and most factories are idle for the want of it, it is no time to quibble about the means of payment. Nevertheless, the demand for gold for those purposes gave a spur to the disposition to buy gold to hold, in an ticipation of the regular effects of paper money, and it has proved the best investment during the spring. In the meantime the rise in its price and the complications of the war induced the remittance of large amounts of property out of the country. Inasmuch as that the regular imports into the country exceeded the exports, there was no supply of bills to serve for the remittance of capital, and these were obliged to be covered by specie shipments. The urgency of this demand is seen in the fact that, no matter how high the price of gold rose under the domestic demand, it was worth 300 C o m m e rc ia l C h ro n icle a n d R e v ie w . [ S e p te m b e r , « still more for remittance, since bills sold at relatively more profitable rates, and the price reached 120. At this rate holders on speculation were desi rous to realize. The demand to go South stopped, the current from the interior turned towards New York, and at the same time the rise in bills had stimulated the export of produce, breadstuffs in particular, which had not risen in price. The expense of remitting capital caused the 'movement to cease for a time, and the price both of bills and gold gradually declined under this enhanced supply and lessened demand. The specie movement was as follows: S P E C IE R e c e iv e d . Jan. 4 ... . . . . . . . . “ 11... $1,445,385 “ 18... 1,446,219 “ 25... 1,246,029 Feb. 1... 1,514,154 “ 9... 1,052,313 “ 15... 1,056,426 “ 22... ........ .. 855,765 March 1 .. “ 8... . . . . . . . . 815,524 “ 15... . ............ “ 22... 699,597 “ 29... April 5... 996,445 “ 12... 1,110,231 “ 19... . ............ “ 26... 844,577 May 2... .............. “ 9... 868,600 “ 17... 755,102 “ 24... 1,913,355 - 31... 2,282,137 June 7... 1,618,876 “ 14... 617,361 “ 21... 986,143 “ 28... .............. July 5... 811,268 “ 12... .............. “ 19... 1,244,000 “ 27... .............. Aug. 2... 2,128,240 “ 9... “ 16... 941,081 Total.. 27,242,318 E x p o r te d . AND P R IC E I OF G O LD . R e c e iv e d . $885,923 $22,855 289,669 115.69S 117,101 187,253 176,161 123,316 91,161 6,088 628,708 323,906 328,127 1,000 800 27,695 500 650 18,976 222,546 2,070 2,200 1,588 1,750 4,000 1,382 .... 700 627,767 854,000 614,146 759,247 741,109 679,075 677,058 490,368 581,292 617,279 635,546 410,804 484,019 604,682 604,682 224,911 553,035 352,391 612,461 393,212 641,451 441,179 Golden G ate lost 964,422 E x p o rte d . G o ld in b a n k . P r ic e o f g o ld . $442,147 1,035,025 547,703 322,918 810,484 976,235 1,156,154 734,512 510,774 585,236 477,335 540,968 779,564 673,826 1,505,728 693,432 1,151,300 712,275 1,574,166 1,093,031 938,032 881,452 1,647,299 1,990,327 8,156,988 3,094,101 2,647.060 2,424,916 1,846,023 784,537 748,523 890,552 700,431 $23,983,878 25,373,070 26,120,859 26,698,728 27,479,533 28,196,666 28,114,148 28,875,992 29,826,969 30,436,644 30,773,050 32,023,390 32,841,862 33,764,382 34,594,668 34,671,528 35,297,944 35,175,828 32,239,868 30,280,697 30,672,760 31,397,284 31,284,882 31,162,048 31,047,945 30,832,626 31,790,519 32,098,174 31,926,609 33,064,575 34,022,490 34,611,069 35,301,778 2 a 4 prem. 4 a5 4 a 44 “ 2 a 3f U 3J a 34 (( 34 a 8 f « 4 a 4J “ 3 a 8 f (< 2 a 2f u I f a 2$ <1 2 a 14 (( 14 a I f t i 14 a 14 “ u 14 a 1 I f a 24 (( 2 a 14 i t 14 a l | (( 2 f a 3 f (( 34 a 34 a 3 a 3f a 34 a 3f i t a 3-§- it Sf a 44 u 44 a 64 “ (( 6 a 64 7 a 9f u 9 a 10 i t 9 f a 17 “ 17 a 20 u 164 a 17 “ 144 a 16 <( 124 a 13 144 a 15 i t 3,154,960 14,474,566 38,090,997 U n d e r t h e r is in g v a lu e o f g o ld t h e a m o u n t in th e c ity in c r e a s e d fro m t h e clo se o f J u n e to t h e m id d le o f A u g u s t. M u c h o f th is w as, h o w e v e r , h e ld b y t h e b a n k s o n sp e c ia l d e p o s it for t h e i r c u s to m e rs . T h e e x p o rts w e re m u c h less, a n d t h e lo ss o f t h e G o ld e n G a t e a t s e a c u t o ff an a m o u n t o f $1,500,000, i n te n d e d fo r L o n d o n a n d N e w York. T h e r a te s o f e x c h a n g e s y m p a th iz e d w ith th e f lu c tu a tio n in g o l d ; b u t i t is to be re m a r k e d t h a t t h e r a te s o f b ills, a s c o m p a r e d w ith t h e p ric e o f g o ld , a lw a y s le ft a h a n d s o m e p ro fit o n t h e e x p o r t o f g o ld , a n d t h e p ric e s o f b ills w e re as f o l lo w s : $4,500,000 1862.] 301 C o m m e r c ia l C h ro n ic le a n d R e v ie w . K A TES OF EXC H A N G E. Dec. “ Jau. 1, 15, 1, 15, Feb. 1 , 15, Mar. 1 , (( 15, « 22 , tt 29, Apr. 6 , •( 12, 19, 26, May 2 , (( 10 , (i 17, M 24, U 31, June 7, “ 14, u 26, July 6 , u 12 , a 19, “ 27, Aug.• 2 , 9, (t 16, M il London. 109 a 1091 1101 a llO f 1104 a 113 1131 a 114 113 a 1131 115 a 1151 112 a 113 112 J a 1121 111 a 1121 111 a 112 1111 a 1121 1 I l f a 1121 1111 a 1121 1114 a 1121 1121 a 1131 113 a 114 113 a 114 1141 a 115 114 a 114J 114 a 115 1171 a 118 1201 a 121 120 a 122 127 a 129 1281 a 131 126 a 129 125 a 127 124 a 126 1261 a 1271 Paris. Amsterdam. 5.25 a 5.15 40£ a 40f 5.15 a 5.10 411 a 41f 5.124 a 5.05 42 a 421 5.05 a 4.90 421 a 431 5.10 a 4.95 421 a 431 4 971 a 4.90 42f a 431 5.05 a 6 .0 0 421 a 43 5.071 a 5.031 421 a 43 5 .0 8 f a 5 , 00 f 42 a 421 5.10 a 5.05 42 a 421 5.071 a 5.021 421 a 42f 5.10 a 5.031 42 a 421 5.10 a 5.0 3 f 41f a 421 5.021 a 5.071 421 a 421 4 971 a 5.021 421 a 42f 4.911 a 5.021 421 a 43 4.961 a 5.00 42f a 43 4.921 a 5.00 42f a 43 4.951 a 4.911 421 a 431 4 95 a 4.91 43 a 431 4.75 a 4.82 43f a 441 4.70 a 4.66 441 a 45 4.70 a 4.621 551 a 451 4.331 a 4.311 48 a 49 4.371 a 4.321 481 a 49 4.45 a 4.35 471 a 481 4.52 a 4.55 47f a 481 4.55 a 4.471 47 a 471 4.45 a 4.40 471 a 47f Frankfort. 41 a 411 41f a 42 421 a 43 431 a 43f 431 a 431 43f a 44 42f a 43 421 a 43f 421 a 42f 421 a 421 421 a 42f 421 a 4 2 | 42f a 42f 421 a 42f 42f a 47f 42f a 431 4 2 | a 431 43 a 431 431 a 481 431 a 431 441 a 45 45 a 451 45 a 451 48 a 49 481 a 49 48 a 481 47f a 481 471 a 471 471 a 48 Hamburg. 35f a 36 36f a 37 374 a 38 371 a 381 37 a 381 37f a 381 37 a 37f 36f a 37 f 36f a 371 36f a 371 361 a 371 36f a 371 36f a 371 36f a 37f 37 a 371 371 a 371 371 a 38 371 a 38 371 a 381 371 a 381 39 a 391 40 a 401 45 a 451 421 a 431 43 a 44 411 a 421 41f a 42 41 a 42 42 a 421 Berlin. 7 3 | a 74 74 a 741 741 a 75 751 a 761 751 a 76 761 a 77 751 a 75f 74f a 75 74 a 741 74 a 741 741 a 75 741 a 74f 74 a 741 741 a 74f 741 a 74§ 75 a 751 75 a 75f 751 a 751 75f a 76 75f a 76 76f a 771 78 a 78f 79 a 791 841 a 851 861 a 871 851 a 861* 82 a 83 82 a 821 83 a 831 The demand for bills was no doubt enhanced by the considerable impor tation of goods, which arrived freely in August, under anticipations that had been indulged that the duties under the new tariff would not be im posed upon goods actually shipped before that date. The great abundance of money also favored as well the import of goods as the remittance of capital, and this abundance was continually on the increase. It will be ob served that since the government began to pay out its paper in the middle of April, the deposits in bank have increased almost uninterruptedly to the extent of $46,000,000, and that the loans, in the same time, have increased nearly $30,000,000, which, to a considerable extent, has been deposited with the Assistant Treasurer for employment, at 4 @ 5 per cent interest. The restriction of general business and the adhesion to cash payments have very greatly reduced the quantity of business paper, and in some cases dis count days have passed with absolutely no offerings of paper. At call money has been offered at 4 @ 6 per cent, and in some cases 3 per cent, but leading houses do not take it in for want of employment. It is to be remarked that while this immense abundance of money has manifested itself in the shape of government promises of $5 and upwards, the bank circulation has also increased $1,250,000, mostly in small bills, that have aided to drive out silver fractions, which commanded a premium of from 10 to 16 per cent. The new issues of small notes by the govern ment—designed to remedy this to some extent, but what will really greatly enhance the evil—are expected to be ready for issue by the first of Sep tember. The amount to be issued will reach some $36,000,000, and the whole issues of paper authorized will reach $360,000,000, including the 302 C o m m e rc ia l C h ro n ic le a n d R e v ie w . [ S e p te m b e r , $75,000,000 reserved to meet tbe deposits if demanded. This amount of money was no doubt designed with the faculty of receiving deposits, and of converting into the $500,000,000 loan to meet the wants of the treasury until Congress should m eet; but since then the expenses incurred for the organization of 600,000 more soldiers under the new calls will at least double the government outlays, since these men must have new outfits. It is quite probable that the new emissions of money will further cheapen its price, so as to send larger amounts into the treasury for deposit and also for conversion, should the five twenties again reach par. The fluctuation in government securities have been as follows : P R I C E S U N IT E D STA TES P A P E R . 10,.......... 17,.......... 23......... . U 81,........ . June 7,........ “ 14,........ “ 26,........ July 6,........ U 12,........ it 19.......... “ 27.......... August 2......... .{ 9,.......... 16.......... “ May « it /— 6’s,,1861____ Reg. Coup. 103* 103 105 105 104* 104* 104* 104* 103 106 1031 107* 1021 106* 100* 1001 100* 100 98 98 99 99 981 98* 99 100 100} 1001 5’s, 1884. 94 96 96 96 96 97} 96* 95 88 85 86* 851 85* 90 7 3-10, 6 p. c. certif. 1 year. 3 years. 104 991 100* 105 105 100* 105 100 100* 106* 106* 1001 105f 991 102 981 103 99 101* 971 103 981 102* 981 103* 100 100 100 August demand Gold, notes. 2} i 3 f 8* i 3} f i 4* 3 6* 9 41 10 6* 17 n 19 8 17 61 15 6* 121 51 15 n The fall in the government stocks during the plethora of money may be ascribed partly to the quantity of stocks sent from abroad to realize, and partly to the reverses that overtook the armies. They however gradu ally recovered after the payment of the dividends in gold. The interest on the first issue of $50,000,000 7.30’s fell due August 19, and was paid in gold at the treasury. The premium on gold being 15 per cent, the holder re alized equal to 8-J- per cent interest. At some of the treasuries the gold itself was not paid, but the premium allowed. Most of the States also paid their interests in gold. The advance of the government five twenties to par and over, would no doubt cause the conversion of a large amount of floating paper, and make some change in the relative value of paper. The importations at the port for July have been very large under the circumstances. There was some desire to enter goods, however, before the anticipated new duties should go into operation. As compared with last year there has been an increase of $12,000,000 in the imports of July, and for the seven months of the current year as follows : IM P O R T S , P O R T O F N E W Specie. January.................. February............... M arch.................... A pril...................... May........................ J u n e ....................... Ju ly ............... F r e e goods. YORK. <----------- E n te re d for------------* C onsum ptio n . W a reh o u se. T o tal. $163,658 $2,552,050 $6,663,396 $3,141,725- $12,620,829 62,007 3,381,473 7,058,174 3,370,486 13,872,140 89,327 3,476,004 10,312,689 4,841,846 IS,719,866 26,152 2,232,315 7,141,197 3,853,218 13,252,882 110,383 1,146,093 8,091,120 4,600,920 12,948,516 61,023 1,122,092 7,278,953 2,874,127 12,336,195 219,001 1,831,932 13,799,505 4,502,764 20,353,202 Total, 7 months.. $731,556 $16,041,959 $60,445,034 $28,185,086 $105,403,685 “ 1861____ 32,906,166 20,257,965 35,191,920 30,441,676 118,797,727 1862.] 303 C o m m e rc ia l C h ro n ic le a n d R e v ie w . Exclusive of specie the increase has been nearly $20,000,000, and this increase in the last few months has taken place under advance circulation. The importer has been required to encounter higher duties, and, in conse quence of the paper depreciation, higher exchange, and also a premium on gold with which to pay duties. The exchange is 20 per cent higher than in the spring of last year, and the premium on duty notes has ranged 5 @ 9 per cent. The average probably makes goods cost 35 @ 40 per cent higher than last year, and the increase in market prices has not been pro portioned to this increased cost. Nevertheless there is a firmness among holders. The duties collected by the government were very large for the month of July, by reason of the large imports and the quantities taken out of bond. The results were as follows: R E V E N U E F R O M CUSTOM S A T N E W YORK. 1860 . 1861 . 1862 . In July................................. Previous 6 months................ $4,504,066 04 18,389,679 SO $&069,590 86 10,585,334 95 $7,211,817 68 25,063,388 08 Total since January 1 st.. $22,893,745 34 $12,654,925 81 $32,275,205 76 The fall business has, to some extent, been checked by the military move ments of the government, more particularly the orders for drafts, the effect of which was likely to interfere wijji the business arrangements of great numbers. The exports of domestic produce have been stimulated by the higher rates of exchange, which have been to the profit of the bill drawer. The exports have been as follows : EX PO R TS, PORT OF N EW YORK. ,--------- F o re ig n .---------- , January.................. February................ M arch.................... April........................ May......................... June........................ July......................... Total, 7 m onths.. “ 1861.......... Free. Specie. $2,658,374 $27,193 49,066 3,776,919 65,388 2,471,233 56,350 4,037,675 76,971 5,164,536 43,358 9,867,614 8,067,337 1,117,193 Dutiable. Domestic. Total. $149,493 $12,053,477 $14,948,437 208,757 10,078,101 14,112,843 458,917 8,985,176 11,980,714 607,678 8,002,094 12,703,797 752,797 9,837,693 15,342,097 372,561 10,048,832 20,332,375 449,948 14,050,437 23,684,915 $36,043,688 1,435,529 $3,000,151 $73,055,810 $113,536,178 71,030,228 79,878,669 3,260,458 1,888,654 3,699,329 Following the rise in bills, each successive month has manifested an in crease in exports. In free foreign goods the increase has been mostly guano shipped to England. The rise in the prices of the breadstuff's shipped has been about equal to the rise in exchange. It is obvious that the value of the produce shipped is governed by the specie price in the market of sale. W ith the paper depreciation here, the prices will apparently rise until they are higher than abroad. That rise is compensated to the shipper in the superior price he gets for his bill, hence the apparent rise never interferes with the progress of export. Nor is it likely that, for the present, the prices will rise even in paper so much as other articles, since the crops are large— far exceeding the demands of the home market. The harvests abroad may yet make considerable quantities desirable. T H E MERCHANTS’ MAGAZINE AND COMMERCIAL \ r e v i e w . ‘ E s t a b li s h e d J u l y , 18 3 9 . V \ KDFpED BY W I L L I A M VOLUME XLVII. C O N T E N T S A 4 DANA. SEPTEMBER, 1862. O F N o . I I I . , V O L . NUMBER III. X L V I I . rt. page . I. SALT MANUFACTURE OF THE SAGINAW VALLEY, MICHIGAN. 209 II. EXCISE TA X ..................................................................................................... 224 III. INDEX TO EXCISE TAX................................................... IV. DISTILLATION OFPETROLEUM................................................................ 295 C O M M E R C I A L C H R O N I C L E AND R E V I E W . The Fluctuations in Gold—Laws of Finance—Rise in Gold and Exchange—Its Causes—Gold Demand for the South—General Sherman’s Order—Wants of Manufacturers—Price of Cotton—Hoarding Gold—Remittance of C a p ita lCulmination of Gold Price—Exchange Rates—Specie Movement—Current Towards the City—Golden Gate—Rates of Exchange—Large Imports— Accumulation of Money—Bank Deposits—Circulation—Silver—Small Notes —U. S, Deposits—Conversion—Large Expenses—New Levies of Troops— Prices of Stocks—Fall of Stocks—Interest in Gold—Duties—Increased Cost of Goods—Table of Imports—Rise in Prices to Cover Cost—Drafts Checked Trade—Exports—Table of E xports.................................................. 299 288