Circulation of State Banks.-The tax of ten per cent. on the notes of State banks used as a circulating medium, and paid out by any banking association, applies to the notes of a State bank issued and paid out over its own counter, as well as to the notes of other banks, under § 3412. The District Savings Association of Mobile v. Marks & Co. and the Deposit Savings Association of Mobile v. Mayer, 23 Int. Rev. Rec. 241, Circuit Court of U. S. Banker, who?—A corporation investing its capital in mortgage securities on real estate, and selling such securities guaranteed by the corporation, is not a banker. The third class of corporations described in § 3407, R. S. U. S. is those who have a place of business where stocks, bonds, bullion, bills of exchange or promissory notes are received for discount or for sale. In the case at bar the securities are held for sale, not received for sale. Selden, Collector, v. The Equitable Trust Co. 23 Int. Rev. Rec. 171, Circuit Court of U. S. for Connecticut. Legacy and Succession Tax.-A devise of real estate to a widow for life, and at her death to B.; the widow died June 17, 1872. The succession tax on B. did not accrue until the death of the widow, and it is not within the saving clause of the act of 1870 repealing the tax. Clapp . Mason, 23 Int. Rev. Rec. 144, Circuit Court of U. S. Legacy Tax.-A bequest of personal estate in trust for a widow during life, and then to C. Testator died December 4, 1867; widow died June 17, 1872. The tax on the legacy to C. accrued at the death of the testator, and is within the saving clause of the act of 1870. Mason v. Sargeant, 23 Int. Rev. Rec. 155, Circuit Court of U. S. for Massachusetts. Legacy Tax.-The act of 1862, so far as it imposes a tax in personam, imposes it on the executor or trustee, and not on the legatee or cestuis que trust, and no suit in personam can be maintained against the legatee. United States v. Allen, 23 Int. Rev. Rec. 192, District Court of U. S. for New York, S. D. Friction Matches.-A manufacturer put up his matches in a box having two sliding drawers, each holding forty-two matches but not capable of holding more than fifty. It was claimed that each drawer should be stamped, as a separate parcel or package under § 3437 R. S. Held, the whole box only constitutes one package liable to a one cent stamp. United States v. Goldback, 23 Int. Rev. Rec. 129, District Court of U. S. for Virginia. Bona fide Purchaser of Illicit Spirits.-Distilled spirits manufactured by one who carried on a distillery with intent to defraud the United States, are forfeited; but they are not liable to forfeiture in the hands of a bona fide purchaser for value, without notice of the fraud. United States v. One Hundred Barrels of High Wines, 23 Int. Rev. Rec. 10. Fine and Penalty.—When a fine or penalty is imposed under the revenue laws or criminal laws of the United States, only a fi. fa, issues against the property of the defendant, unless the judgment of the court directs that the party be impris oned until the fine or penalty is paid. United States v. Teuscher, 23 Int. Rev. Rec. 202, Circuit Court of U. S. for Missouri. Revenue Officers.-The act of Congress providing for the removal of criminal proceedings against United States revenue officers for acts committed under color of office, is constitutional under § 643, R. S. U. S. State v. Hoskins, 16 A. L. J. 83, and 23 Int. Rev. Rec. 263, Supreme Court of North Carolina, July, 1877. INDEX. ACCUMULATED surplus of corporations, how taxed, 178. ACTION of debt for duties, 564. for taxes due State, 252. at law for taxes, 252. ADDITIONS to invoice value, 527. AGENTS, knowledge of, that of principal in action for penalty, under act of 1823, 585. now actual intent to defraud essential, 589. principle of New York cases, local benefit, 25. cases in other States, local benefit that can be traced, 26. same principle in agricultural college, levee and drainage cases, 27. property in extension of city limits not taxable for want of local taxation, when compulsory and when not, 32. when consent of municipality is necessary, 33. when action of municipality not compulsory, 34. APPRAISEMENT of merchandise at customs, 518. value, how fixed prior to 1818, 519. distinction between purchaser and manufacturer, 520. revised statutes, one rule for purchaser, another for manufacturer, principal markets of country of export, 521. market value, 592. evidence received by appraisers, 522. quantity and weight of merchandise, 522. damage during voyage, 523. report of appraisers, how revised, 531. APPRAISEMENT-continued. appeal from, to merchant appraisers, 531. merchant appraisers, judicial functions, 532. notice of appeal, must be absolute, 533. mere appeal not reverse decision, 534. ASSESSMENT of tax, by whom made, assessors, 198. of land, name of owner, 203. must not mislead, 205. example of insufficient description, 205, 206. on non-resident or unseated lands, 208–213. if land is not assessed according to its legal character, assessment identity of land must appear from roll, it cannot be aided by parol evidence, 211. separate tracts, how assessed, 212. ASSESSMENT, PLACE OF land when in two counties or towns, 214. persons, for poll tax, personal property, domicile, 215. domicile, how determined, 216. personal property by statute, at its situs, 218. assessment governed by situs on the day the assessment begins, 219. license, assessed at place where business exercised, 221. to whom property assessed as to its title, 222. trustees, executors, guardians and partners, how and where as- sessed, 223. valuation of property, 226. water power to be considered in estimating value of land, 228. all elements of value to be considered, 229. want of $-mark in column of valuation, 230. authentication of the roll, 231. delivery of roll to proper officer, 233. board of equalization, 235. errors, what tribunal corrects, 239. certiorari, when used to correct errors, 241. assessors, when not liable for errors, 243. errors, where they have jurisdiction, 244. |