a penalty double the tax, but never less than five dollars, the collector is directed to stamp it, and note on the margin the date of so doing, and the payment of the penalty. It is then as valid as if stamped originally at the time of its execution. If recorded without stamp, it must be recorded again, and it must be noted on the original record that the omission has been corrected. No rights acquired before such stamping or recording are affected thereby. The collector may remit the penalty, if satisfied that the omission was by accident.?

1 R. S. U. S. § 3422; 18 U. S. Stat. p. 230. If an instrument had been lost, a copy might be stamped in lieu of the original. This act expired Jan. 1, 1877. 22 Int. Rev.

Rec. 69.

18 U. S. Stat. p. 319.

ADDENDA OF CASES

APPEARING IN PRINT SINCE JANUARY 1, 1877, AND UP TO AUGUST 1, 1877.

Public Use.

Munn & Scott v. The People, &c. 15 A. L. J. 180. Private property devoted to public use, as grain elevators, or railroads, is subject to public regulation. See $17.

Private Purpose.

Weismer v. Village of Douglas, 64 N. Y. 91. The courts may examine and determine whether the purpose of a tax is public or private; and if private, declare the act void. See §§ 38 and 39.

Extension of City Limits.

Groff v. The Mayor of Frederick City, 44 Md. Property in the extension, used for farming and pasturing purposes, may be taxed. See § 33.

Tonnage Duty.

Northwestern Union Packet Co. v. City of St. Louis, 15 A. L. J. 106, and 4 Cent. Law J. 58, U. S. District Court. An ordinance of the city of St. Louis, prescribing wharfage dues at improved wharves constructed by it, graduated according to the tonnage of the vessel, is not a duty on tonnage or a regulation of interstate commerce.

S. P.-City of Keokuk v. Keokuk Northern Line, 4 Cent. Law Journal, 276, and 15 A. L. J. 272; Dec. Supreme Court of Iowa, December, 1876; but see contra, Tobin v. Vicksburg, referred to in the opinion of the dissenting justice, p. 280. See § 63.

Inman Steamship Company v. Tinker, 15 A. L. J. 330, Supreme Court U. S. An act of a State legislature declaring that all vessels which enter a port, or load or unload, or make fast to any wharf therein, shall pay one and one-half cents per ton, to be computed from the tonnage expressed in the registers of enrollment of such vessels, imposes a tonnage duty. See § 63.

Regulation of Commerce.

Van Buren v. Downing, 15 A. L. J. 336, Decision of Supreme Court of Wisconsin, January, 1877, affirming Welton v. Missouri, 1 Otto, 275; Howe Machine Company v. Cage, 15 A. L. J. 357, Decision Supreme Court of Tennessee, February, 1877. An act of a State legislature, taxing all peddlers of sewing machines $10, and which exempts articles manufactured of the produce of the State, is not a regulation of commerce, and does not violate art. I, § 8, par. 3, of Constitution of United States. See § 64.

Obligation of the Contract, Alienation of the Taxing Power. Scotland County v. M. I. & N. R. R. Co. 4 Cent. L. J. 599, Supreme Court of Missouri, April, 1877. The taxing power may be alienated where there is no consti

tutional provision inhibiting it. Rights vested under a special charter in a railroad, are not divested by provisions in a Constitution subsequently adopted. See § 66, p. 109.

West Wisconsin Railway Company v. Board of Supervisors of Trempeleau County, 3 Otto, 595. Alienation of taxing power is never presumed. An act exempting the property of a railroad from taxation, when a mere gratuity on the part of the State, is not a contract to continue such exemption. It is subject to repeal or modification as any other act of legislation. See § 68, p. 115.

National Banks.

State v. Citizens' National Bank of Fairbault, 15 A. L. J. 145, Supreme Court of Minnesota, January 17, 1877. Under laws of Minnesota, real estate of national banks, eo nomine, is not subject to taxation.

People ex rel. Tradesmen's National Bank v. Commissioners of Taxes and Assessments, 15 A. L. J. 274, N. Y. Court of Appeals, March, 1877. Shares are to be assessed at their market value without reference to their nominal value. From this is to be deducted value of real estate, and this gives net value of whole of stock subject to taxation; this sum divided by the number of shares, gives the taxable value of each share. See also People ex rel. Gallatin National Bank v. Com'r of Taxes, 15 A. L. J. 317. See § 87, p. 177. Waite v. Dowley, Treasurer of Batteboro', 15 A. L. J. 374, Supreme Court of U. S. April, 1877. The cashier of a national bank may be compelled to transmit to a State assessor, a true list of the shareholders of his bank, with number of shares and amount paid in, for the purpose of listing the stock for State taxation. See 69, p. 128, n. 5.

Exemption from Taxation.

State v. Maine Central Railroad Company, 16 Am. Law Register, 249; s. c. 11 Am. Law Review, 612, Supreme Court of Maine, February, 1877. When two or more railroads with charters granting an exemption from taxation, dependent upon acts to be done by such corporations, are consolidated into a new corporation, which is unable and is not required to do the acts to entitle it to the exemption, the new corporation cannot claim the exemption belonging to the corporations out of which it is composed. See § 75, p. 143.

Canal

Contra. Nichols v. New Haven & Northampton Co. 42 Conn. 103. chartered 1823, stock and income forever exempt. Company became insolvent, all its rights vested in another company with a reservation to alter or repeal charter. Then an amendment, authorizing increase of capital and the building of a railroad, provided capital thereby created should be taxed. The exemption of first corporation passes to the second, and it is not liable to tax under its charter or a general tax law. See § 75, p. 143.

Maryland v. Northern Central Railroad Co. 4 Cent. L. J. 545-6, to appear in 44 Md. Railroad A chartered 1827, stock exempt from taxation. In 1850 Constitution adopted, inhibiting the creation of a corporation except on condition that its charter was subject to repeal. In 1854, railroad A allowed to consolidate with three other railroads, under the name of railroad B, to have all the rights of railroad A. In 1872, a tax of one and one-half per cent. was imposed on gross receipts of all railroads; B is liable to the tax. See § 75. p. 143.

Morgan v. Louisiana, 3 Otto, 217. A railroad with a charter granting an exemption from taxation. A decree of sale founded upon a mortgage which in terms covers the franchises of the railroad, is executed, and the road sold. The

road in the hands of the purchaser is not exempt from taxation; immunity from taxation is not a franchise which passes, without other description, to a purchaser of a railroad. See § 75, p. 143.

Richmond & D. R. R. Co. v. Commissioners of Alamance, 4 Cent. L. J. 383, Supreme Court of North Carolina, January, 1877. Exemption from taxation is limited to property used for the purposes of a railroad. See § 73, p. 139.

Ellis v. N. & R. R. Co. 15 A L. J. 272, Supreme Court of Tennessee, February, 1877. An act taxing all railroads one and one-half per cent. on their gross earnings, and exempting all other property of such railroads as pay this tax, violates the provision of the Constitution, that taxation shall be equal and uniform. See § 53.

County of Calhoun v. American Emigrant Co. 3 Otto, 124. County in a sale of land contracts not to tax until deed is made; a deed made as an escrow and fraudulently placed on record does not make the land subject to tax. See § 70, p. 132.

Warde v. Manchester, 56 N. H. 508. An exemption of school houses and seminaries of learning extends to such as are founded by a particular religious sect, for instruction according to its doctrines. See § 71, p. 133.

License.

Doyle v. The Continental Insurance Co. 16 Am. Law Register, Supreme Court U. S. A foreign corporation can only do business in a State upon the conditions prescribed by the laws of the State. It may attach as a condition, that when suit is brought against the corporation, and the corporation removes the suit to a Federal court, then its license shall then be canceled, and it shall cease to do business in that State. Distinguished from Home Ins. Co. v. Morse, 20 Wall. 445; s. P. State ex rel. Drake v. Doyle, 40 Wisconsin. See § 79,

p. 150.

The Town of Edinburg v. Hackney, 4 Cent. L. J. 215, Supreme Court of Indiana. A town under a statute licenses the sale of liquors; subsequently the statute is declared void. Those who have paid license fees cannot recover them of the town. 8. P. Town of Brazil v. Kress, 4 Cent. L. J. 429. See § 78, p. 148. Home Insurance Co. of New York v. Augusta, (opinion filed Aug. 1877), Supreme Court of U. S. License to do business in a State for a year is not a contract, and State or city may increase the tax during the year. See § 78.

Corporations.

A steamship company incorporated in New York is taxed on the value of the stock. The vessels of the company temporarily out of the State are to be included in ascertaining that value, and also money invested in vessels owned by and being built for the company outside of the State. People ex rel. Pacific Mail S. Co. v. The Commissioners of Taxes, 64 N. Y. 541. See § 90, p. 186, and § 47. A corporation under an act of Parliament, is managed by directors in England, but all its operations are carried on in another country, all its property is in another country, the shares are held partly in England and partly in foreign countries; the only part of the profits that comes to England is that which is to pay dividends of resident shareholders. Such a corporation is resident in England, and liable to pay income tax upon the whole profits, and not merely that remitted to resident shareholders. Cesena Sulphur Co. and Calcutta Jute Co. v. Nicholson, High Court of Justice, 25 W. R. 71; 4 Cent. L. J. 308. See § 90, P. 186.

Assessment.

Smith v. Mayor of N Y. 15 A. L. J. 166. The right to erect a pier upon land under water belonging to a city is a franchise, but the pier itself when erected, is not a franchise, but is liable to assessment and taxation as land. See § 95, p. 203.

Stilwell, Adm'x et al. v. Corwin, Adm'r, 4 Cent. L. J. 574, Supreme Court of Indiana, February, 1877. A person has a right to exchange money on deposit in a bank for U. S. bonds at any time, though the express purpose in the transaction be to exchange money which is taxable for bonds which are not taxable. See § 95, p. 201.

Collection of Tax.

Finnegan v. Fernandina, 15 Fla. 379. Taxes assessed by a city cannot be set off by a debt due to a tax-payer by the city. S. P. Coff v. Elizabeth City, 75 N. C. 1. See § 105, p. 253.

Hibbard v. Clark, 56 N. H. 155. A town summoned as garnishee, cannot set off the debt against taxes assessed against the defendant. See § 144.

Lien.-Dows v. Drew, 12 C. E. Green. Taxes on land have not, except by express statute, a lien prior to that of a mortgage recorded before their assessment. See § 109, p. 272.

Dennison v. City of Keokuk, &c. 4 Cent. L. J. 296, Supreme Court of Iowa, December, 1876. The lien given the city of Keokuk for taxes on land, is not divested by a sale thereof for State and county taxes. See § 109,

p. 274.

Osterberg v. Union Trust Co. 3 Otto, 424. The lien by statute for taxes on real estate is not divested by a sale of the land under a pre-existing judgment or decree, unless the statute so direct. See § 109, p. 274.

See a well considered article on the lien of a tax on real and personal property. 4 Cent. L. J. 531. See § 109, p. 274.

Deed.

Callahan v. Hurley, 3 Otto, 337. Regular deed as to form is prima facie evidence of title if there is a bona fide sale; the deed is conclusive as to time and manner of execution. See § 120, p. 336.

Jefferson v. Wendt, 4 Cent. L. J. 197, Supreme Court of California, January Term, 1877. The statute of limitations does not commence running against a purchaser at an execution sale until the sheriff's deed is delivered to him. See § 121, p. 340.

Gould v. Day, 4 Cent. L. J. 389, Supreme Court of U. S. April, 1877. Land sold for taxes, bid in by the State before expiration of the period for redemption; the owner purchases the bid of the State. This is a redemption of the land. See § 125, p. 357.

Municipal Taxation.

Cooledge v. Brookline, 114 Mass. 592. The expenses incurred by a town in opposing before the legislature its annexation to another, cannot be raised by taxation. See § 128, p. 370.

Hoagland v. The City of Sacramento, 4 Cent. L. J. 521, Supreme Court of California, April, 1877. The legislature cannot create a claim against a municipal corporation without the assent of those who are to contribute to its payment. See, in connection with this case, §§ 37 and 38, and 64 N. Y. 91.