Ordinance 17s
ORDINANCE N0. 17.
An Ordinance relating to the as-
sessment and collection of taxes in the
town of Gilroy for the year 1869.
The Inhabitants of the town of
Gilroy, by the Board of Trustees of
said town, do ordain as follows:
SEC. 1. The assessment,of taxes in
and for the town of, Gilroy made by
the Assessor of said town for the
year 1869, as equalized and settled
by the Board of Trustees of said
town is hereby approved and confirm -
e 1, and the Assessment Roll made
and returned by said Assessor, as
amended and corrected by said Board
of Trustees, is hereby declared to be
the assessment Roil of said town
for the year 1869; and the taxes as
assessed and levied in said Assess-
ment Roll, are hereby declared to be
due and owing from the persons and
upon the property respectively, as
the same appears entered upon said
Assessment Roll, and the said assess-
ment and levy* of taxes for the year
1869, as appear upon said Assessment
Roll, are hereby declared to be a
lien and shall continue and remain a
lien against the property assessed
respectively, from the time of such
assessment until the taxes respective-
ly due shall be paid.
SEC. 2. The said Assessment Roll,
as corrected by the Board of Trus-
tees, *ball be certified by the Clerk
of said Board to be the Assessment
Roll of the town of Gilroy for the
year 1869, and shall, by said Clerk,
then be delivered to the Marshal of
said town, who shall immediately
proceed to collect the taxes. He
shall forthwith give notice to the
tax- payers of said town, by posting
in three conspicuous places in said
town, written or printed notices, and
by publishing said notice sense in tke
newspaper published in said town;
that the town taxes for said year of
1869 are now due and .payable, and
that the. laws in regard to their col-
lections will be strictly enforced. In
ten days from the date of such notice .
the Marshal shall attend at s,. me place
in said town, (to be designated in
said notice,) from 9 o'clock A. m. un-
til 5 o'clock P. M., and shall, continue
day after day to attend within said
hours at said place, for the
purpose of collecting said taxes,
so long as the said Assessment
Roll is in his hands.
SEc. 3. Whenever any tax is paid
to the Marshal, he shall mark the
word "paid," and the date of pay-
ment in the Assessment Roll opposite
the name of the person, or descrip-
tion of the property liable- .for such
tax, and shall give � receipt tlierefor,
specifying the amount of the assess-
ment, the amount of the tax and a
description of the property assess-
ed. .
SEc. 4. On the 3d Monday of Oc-
tober, 1869, the Marshal shall enter
upon the Assessment Roll a state-
ment that he has made a levy upon
all the property therein assessed, up-
on which the taxes have not been
paid, and shall make out and append
to said roll a statement, which he
shall -verify by his oath, showing a
list, of the persons and pro�,pperty in
said town, then delinquent,,for,
which statement or 110t l _
pleted by the 4th ;'Mtn ¢
:List of said town for the year 1869.
At anytime after the 3d Monday in
' ` lection of delinquent taxes in the
October, and the making of said De-
town of rrilrov.
linquent List, any�,tax -payer then
SEC. 8. At any time after the Delin .- . t
lhnquent may pay his taxes, but
quent List has been so delivered up
he Marshal shall. collect, in addition
by the Marshal and before the insti --
o the amount of Aaxes over, 5 per
tution of quit for the collection of
Sent thereon, which per tentage shall
delinquent taxes, any tax -payer de-
be returned and accounted for by said
linquent on said list may pay the
Marshal. The Delinquent List, when
amount of taxes owning by him to
completed, shall bd delivered by the
the town treasurer; but in addition
Marshal, with his lsworn statement,
to the taxes due by him, he shall be
as aforesaid, to the President or
required to pay ten per cent upon
Clerk of the Board of Trustees.
the whole amount due by him. Up-
SEC. 5. The Marshal shall, on Sat-
on receiving the amount of the taxes
' urday of each week after the close of
with the ten per cent thereon added,
his official business n that day., .com-
the treasurer shall give the delis -
mencing on the ' econd Saturday'
quint tax =payer a receipt for the
after giving the notice, as directed
amount paid, and shall make an en-
in Sec. 2, of this ordinance, pay over
to the town treasurer
try of the payment on the Assessment
Roll, opposite the name of the
ail moneys col-
party
lected by him for taxes, with a state --
or property assessed, with the date
lent of the amount verified by his
of the payment.
lath, that the amount, so paid over
SEC. 9. After suit brought for the
D the treasurer, is all the money
,hick he has collected as taxes
collection of any delinquent taxes, the
delinquent at any time before
ni
%id town since the last payment by
.party
shall have the
judgment ad the
im. The treasurer shall receive the
taxes Y
coney paid him by the Marshal, and
but in addition to the amount owing
call give to the 'Marshal a receipt
he shall p47 twenty per cent upon
r each and every sum of money so
the whole amount so owing and _uY.f:-
bid to him. This receipt shall be
paid.
e Marshal's voucher. The treas-
SEC. 10. Nothing contained in this
ter shall keep an account of all
ordinance shall be construed so as to
coneys paid tp him by the Marshal
prohibit the Marshal of the town of
i a book to be kept by him, and this
Gilroy from levying upun any per -
ook shall be subject to 'inspection
sonal property for the payment of
t any time by the Board of Trustees
delinquent taxes in said town; but
>r any member thereof. At the time
he shall, at any time after; ten days
when the Marshal delivers over the
have expired, froiu the time of giving
Delinquent List, as provided by Sec.
the notice required bY section 2 of
4, above, the Marshal shall make oiit
this ordinance, upon demanding
a detailed statement, under oath, to
the taxes due by any tax -payer o f
accompany the Delinquent List, of
said town, and upon his refusal to
all his settlements with the treasurer
pay the same, seize and levy uport
during the year, showing the several
any personal property belonging to
amounts paid to the treasurer and
said tax - payer, and after giving no-
the sum total of the taxes collected
Lice of the sale thereof for five days,
by him since the Assessment Roll
by posting three notices in as many
came into his bands. This statement
conspicuous places in said town, de-
shall be filed away by the Clerk of
signating the time and place of sale
the Board for reference.
and the amount of the taxes clue,
SEC. 6. If the Marshal shall refuse
with 'a description of the property to
for a period of five days to makf the
be sold, shall sell such property or
payments and settlements; or anv one
sufficient thereof, to pay the taxes
of the payments at`t e time and in
due and owing by such tax - payers,
the manner as above directed,
The Marshal shall sell all property,
he and his sureties shall be held lia-
so seized and levied upon by him for
able to pay to the inhabitants of the
gold or "silver coin. He shall only
town of Gilroy the' full amount of
sell enough property to pay the
taxes charged said Assessment Roll,
taxes due, and any surplus money re-
and which have not been received by
maining after paying the taxes stf
the town treasurer, and the Board of
owing from the sale of any property,
Trustees shall have the right to
shall be paid over to the owner there -
have suit instituted therefor.
of. In all cases of seizure and -Kale,
SEC. 7. Upon receiving the said
as above provided, the costs of
Delinquent List fr m the Marshal,
such seizure; levy and sale shall be
the Clerk of the Bo cd%hall deliver
the same to such rney at law as
added to the amount of taxes duo l
and shall be collected by the Marshai
the Board shall diredt, who shall be
and for his services, pre shall l)e al
authorized to commence and pyrose -,
lowed the,ahmo fees and shares as
cute civil actions, in`; °any court hav-
are allowed to constables of Santa
ing jurisdiction of tte right smatter,
Clara 'county for leyy and sale if
to recover the amount of any taxes
property under execution.
delinquent and owillg and unpaid,
appearing upon the #aid Delinquent
SEC, 11. The town Marshal shall {
be allowed,
List; and all the provisions of the
laws of this State relating to the in-
as nom ensation for
his services, for collecting the
stitution and prosec=ution of civil
taxes assessed in the town of Gilroy
for the year 1869., commissions at th
suits by the District Attorney for the
rate of five per cent upon all monevi
collection of State a, county taxes,
and for the entry of j gmentand the
collected by him. This,ordinance to
take effect on and after its passage,
sale conveyance thereunder of real
estate for delinquent taxes, so far as
Passed and approved this sixteenth
day,,of August, 1869.
the same can be m de applicable,
shall be deemed to a ply to the col..
Approved: WM. GrnLMmLs,
President of the Board of Trustees.
Attest: 11. Waacc+ENjawlK
...
Clerk of the Board.
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