and side or second track and turnouts, and showing the proportion of such mileage located in each municipal subdivision of said county, together with the total in the county. Said list or schedule shall also contain a full and correct inventory of all the other personal property of such railroad company in said county not specifically taxed, including the tools and material for repairs, the machinery, fixtures and stationary engines, and such property shall be classified and separated into the particular county, township, city, and town wherein the same may be on the first day of March, with the true cash value thereof, on the first day of March, of the current year. Such list shall also contain an inventory of all the real estate other than that denominated railroad track, owned by said railroad company on the first day of March of the current year. Such property shall also be listed with reference to the amount, kind and value on the first day of March of the year in which it is listed.

10139p4. Auditor's return to assessor.-119. The County Auditor, as soon as he receives such list, shall return to the proper Assessor a copy of so much of said list as relates to assessable property therein contained, and such property shall be listed and assessed by such Assessor. Such property shall be treated in all respects, in regard to assessment and equalization, the same as other similar property belonging to individuals, except that it shall be treated as property belonging to railroads, under the term "lands," "lots" and "personal property."

10139q4. Sworn statement.-120. At the same time that the lists or schedules as hereinbefore required to be returned to the County Auditor the person, company or corporation running, operating or constructing any railroad in this State shall under the oath of such person, or the secretary or superintendent of such company or corporation, return to the State Board of Tax Commissioners sworn statements or schedules, as follows:

First. Of the property denominated "railroad track," giving the length of the main and side or second tracks and turnouts, and showing the proportions in each county and township, and the total in the State.

Second. The rolling stock, whether owned or hired, giving the length of the main track in each county, and the entire length of the road in this State.

Third. Showing the number of ties in track per mile, the weight of iron or steel per yard used in the main and side tracks, what joints or chairs are used in track, the ballasting of road, whether graveled, stone or dirt, the number and quality of buildings or other structures

on "railroad tracks," the length of time iron or steel in track has been used, and the length of time the road has been built.

Fourth. A statement or schedule showing:

1st. The amount of capital stock authorized and the number of shares into which such capital stock is divided.

2nd. The amount of capital stock paid up.

3rd. The market value, or if no market value, then the actual value of the shares of stock.

4th. The total amounts of all indebtedness except for current expenses for operating the road.

5th. The total listed valuation of all its tangible property in this State.

6th. Any other information that the State Board of Tax Commissioners may require to aid in determining valuation. Such schedule shall be made in conformity to such instructions and forms as may reasonably be prescribed by the State Board of Tax Commissioners. 10139r4. Penalty for neglect.-121. If any person, company or corporation owning, operating, or constructing any railroad, shall neglect or refuse to return to the county auditor the statements or schedules required to be returned to them, the property so to be returned to them and assessed by the assessors as above specified shall be listed and assessed as other property. In case of failure to make returns to the State Board of Tax Commissioners as hereinbefore provided, said board, with the assistance of the county auditors and assessors when it shall require such assistance, shall ascertain the necessary facts. In case of failure to make such statement, either to the county auditor or State Board of Tax Commissioners, such corporation, company or person shall forfeit, as a penalty, not less than one hundred dollars nor more than five thousand dollars for each day's omission after the first day of April of each year, to be recovered in any proper form of action in the name of the State of Indiana on the relation of the attorney-general, and paid into the State treasury. Such attorney-general shall conduct such prosecution and be entitled to ten per centum on the amount of judgment so recovered and paid in.

10139s4. Assessment by state board of tax commissioners.—122. The State Board of Tax Commissioners shall assess the railroad property mentioned in the statements and schedules herein required to be returned to it, in the manner herein provided.

10139t4. Duty of county auditor and treasurer.-123. The county auditor shall enter the railroad property of all kinds as listed for taxation upon the proper tax duplicate, and shall enter the valuation as assessed, corrected and equalized in the manner provided in this act and against such assessed, corrected or equalized valuation as the case

may require, the county auditor shall compute and extend all taxes for which said property is liable. And the county treasurer shall collect the taxes charged against said railroad property, and pay over and account therefor in the same manner as other taxes are collected and accounted for.

10139u4. "Railroad," definition.-124. The word "railroad," wherever it occurs in this act, shall be considered, for all purposes of taxation, as including every kind of street railroad, suburban railroad or interurban railroad, association, company or corporation, whether its lines of railroad be maintained either at the surface, or above or below the surface of the earth, and by whatever power its vehicles are transported.

10139v4. Report of earnings confidential.-125. In all cases where by law any taxpayer is required in returns for taxation to show the earnings of any business, then and in all such cases any information so furnished by such taxpayer, and embraced in such return, shall be deemed confidential and for the use of the taxing officers only, and shall not be disclosed save on the call of the State or some of its officers, or in due course in some judicial proceeding where the regularity of such assessment has been questioned or is being questioned.

10139w4. Tax on tonnage.—126. Navigation companies shall pay into the State treasury annually, on or before the first day of July, a sum equal to three cents per net ton of the registered tonnage of all vessels owned by such companies; such payment to be received in lieu of all other taces [taxes], except as hereinafter provided, and no further assessment shall be made by any officer upon any vessel, barge, boat or other water craft belonging to such companies.

10139x4. Method of taxing upon net tonnage.-127. The method of taxation upon the net tonnage of vessels being in lieu of other taxation, the capital stock of such companies shall not be assessed or taxed, but such companies shall return for taxation at their home officers [offices] all personal property of every kind and description owned by said companies, excepting vessels and other actual tangible property outside the State of Indiana; which property shall be assessed to such companies as other personal property taxed.

10139y4. Tonnage tax.-128. All ships and other vessels engaged in commerce and owned or registered under the navigation laws of the United States at any port in the State of Indiana, shall be taxed as hereinbefore provided, at the rate of three cents per net ton of the registered tonnage of the vessel, and all owners of such ships shall make returns as in this act provided.

10139z4. Return for taxation, navigation company.-129. Every navigation company incorporated under the laws of this state, and all owners of ships and other vessels registered in Indiana under the laws of the United States shall annually, on or before the first day of July, file with the auditor of state, a verified statement in writing containing the name, port of hail, and tonnage of every barge, boat or other water craft owned by such company, individual or parnership [partnership] on the first day of May immediately preceding, and shall thereupon pay into the state treasury a sum equal to three cents per net ton of the registered tonnage of such vessel, and the treasurer shall thereupon issue his receipt therefor; which receipt shall show that such payment is in full for all taxes assessed against such vessel or vessels, and no other returns for taxation shall be required from navigation companies organized under this act than as are hereinbefore provided for.

10139a5. Registration certificate.-130. Every navigation company shall file with the auditor of state, when it makes its first return for taxation, a certified copy of the most recent registration certificate of every vessel owned by said company and registered in the State of Indiana and annually thereafter shall file certified copies of all registration certificates issued to such navigation company during the previous year.

10139b5. Certificates of registration.-131. Other owners of vessels shall file similar certified copies of registration certificates in order to avail themselves of the benefit of this act.

10139c5. Failure to return, penalty.-132. In case any navigation company organized under the law of this State shall fail, for thirty days after the first day of July in any year, to make a return as hereinbefore provided, and to pay the tax hereinbefore provided for, such fact shall be reported by the auditor of state to the attorney-general who shall immediately proceed to institute proceedings against such company for the sequestration of its property and the forfeiture of its charter and its final dissolution. In any such action a penalty of five hundred dollars may be recovered against such company in addition to whatever taxes may be found delinquent.

10139d5. False returns, penalty.-133. In case any navigation company shall make a false or fraudulent return of its net tonnage, it shall be subject to a penalty of one thousand dollars, to be recovered by the attorney-general, in the name of the State, in any court of justice.

[Acts 1921, p. 638. In force March 10, 1921.] 10139e5. Election, assessing officers, oath, bond, vacancies.-134. For the purpose of listing and assessing all property for taxation there

shall be elected at the general election on the first Tuesday after the first Monday in November in the year one thousand nine hundred twenty-two, and at the general election on the first Tuesday after the first Monday in November every fourth year thereafter, in each township of the several counties in this state, an assessor for such township, who shall hold his office for the term of four years from the first day of January following, and until his successor is elected and qualified. Within ten days after the beginning of his term he shall give bond, with at least two good and sufficient sureties, to the acceptance of the county auditor, in the sum of three thousand dollars, payable to the State of Indiana, and conditioned for the faithful and impartial discharge of his duties according to law, and shall take and subscribe an oath or affirmation, to be endorsed on his bond, that he will faithfully, honestly and impartially discharge the duties of his office to the best of his skill and ability; and the bond so endorsed shall be deposited with the county auditor, and the said auditor is hereby authorized to administer the oath of office as aforesaid. If such bond and oath are not given and filed in the county auditor's office within said ten days, the office shall be vacant and the county assessor, after being notified of such vacancy by the county auditor, shall at once fill such vacancy by appointment, the same to be approved by the state board of tax commissioners, such appointee shall be a resident of the township in which such vacancy occurs, shall possess the quali fications required by law and shall be of the same political affiliation as the assessor failing to qualify or remove as the case may be, and such appointee shall give the bond and take the oath as above required. And if from any other cause a vacancy should occur in said office in any township at any time, the county assessor, with the approval of the state board of tax commissioners, shall fill such vacancy by appointment, and the person so appointed shall qualify as herein required. In the event that the state board of tax commissioners finds that any township assessor or any deputy township assessor has not discharged any of his duties faithfully or in full accordance or compliance with law such township assessor or deputy township assessor may be removed from office by the state board of tax commissioners for incompetency, neglect of duty or misconduct in office, after five days' notice and a hearing by said board and a vacancy thus created shall be filled as provided for in this section. Any township assessor or any deputy township assessor, against whom the state board of tax commissioners has entered an order of removal from office, shall have the right to an appeal from the decision of said board to the circuit court of the county in which the township of which he is the assessor or deputy assessor, is located, within ten days from the time of the