1 N.E. 773 | NY | 1885
There was jurisdiction in the commissioners of taxes to make the assessment in question. The capital stock of the relator was subject to assessment in some amount under the act of 1853, under which the relator was incorporated. The third section of the act, for the purpose obviously of putting into the possession of the assessing officers information requisite for an accurate ascertainment of the amount of the stock of the corporation subject to taxation, requires a telegraph company whose line is partly within and beyond the limits of the State, to render "to the proper officer a true report of the cost to such company of their works within the State." The officer referred to must mean the assessing officer, or body which makes the assessment. The relator omitted to make any report as required by this section, between the first day of September, 1880, and the first day of May, 1881. Meanwhile the deputy tax commissioner having ascertained from the certificate of incorporation of the relator, that its capital stock was $600,000, inserted this sum in the assessment list as the valuation of the relator's property for the purpose of taxation. The board of tax commissioners entered this sum in the "annual record," and gave the notice that the books were open for examination and correction, as required by the act of 1859 (Chap. 302). The relator did not appear or make any objection to the assessment during the time limited, nor until after the right of the tax commissioners to correct the assessment, had expired. (See Clark v. Norton,
The order should be affirmed.
All concur.
Order affirmed. *258