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The Chung Collection

Copy of An act to protect free White labor against competition with Chinese coolie labor Legislative Assembly of the Territory of Washington 1864

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. Suction    1.   A quarterly tax of six dollars levied upon Chinese.
" 2.    Territorial auditor to provide blank receipts.
Form of Chinese police tax receipts.
" 3.    Duties of Territorial auditor in regard to said tax.
Duties of county treasurers and sheriffs.
" 4.    Sheriff may distrain property.   .
.Sale of property to enforce said tax.
Surplus to be returned to party distrained.
Sheriff to deliver receipt properly Idled.
" 5.    Penally for collector violating provisions of this act.
" G.    Penalty for selling blank police tax receipts.
" 7.    Persons employing Chinese, liable for tax.
Persons having property of Chinamen may be compelled
to answer under oath.
Persons advancing taxes out of property, released, &c.
" 8.    Commissions payable to collector.
fifty per cent, net proceeds payable to Territory.
Fifty per cent, net proceeds payable to county.
" !).    Tax receipts when to be issued by auditor.
Fiscal year to commence March, 1864.
Taxes payable every third month thereafter.
"        10.    Duties of county officers under this act.
Penally for neglect.
Tax in Whatcom county to be ten dollars per quarter.
" 11. Special provision as to Spokane, now Stevens county.
"        12.    Act to lake effect from March 1, 1804.
Section 1. Be it enacted by the Legislative Assembly of the
Territory of Washington, That there is hereby levied on each
person, male and female, of the Mongolian race, of the age of
eighteen years and upwards, residing in this Territory, a quarterly capitation tax of six dollars, which tax shall be known as
the Chinese police tax.
Sec. 2. It shall be the duly of the Territorial auditor to
procure a sufficient number of blank police lax receipts, which
shall be substantially in the following form. These tax receipts
shall be numbered consecutively, and a record thereof be made
and filed in his office :
 OP THE SESSION OF  1863-64. 57
  County, 18    .
This certifies that  has this day paid the tax collector
county, six dollars, the same being his police tax for the
quarter commencing , and ending  18
Territorial Auditor.
Sheriff and Collector of   County.
Sec. 3. The Territorial auditor shall, with ink, fill the
blank which has been left in the printed form, with the name of
Hie proper county, and shall sign and issue to the treasurer of
each count)', from time U) lime, when required by the said
treasurer, a sufficient number of police tax receipts for the use
of such county,and take a receipt and charge the county treasurer
with the same. The county i reasurer shall, in a book to be by him
kept for that purpose, keep an account of all Chinese police tax
receipts received by him, and shall, from lime to time deliver (hem
to the sheriiFof the county, Who shall be collector of the Chines
police tax, taking his receipt therefor. And the said county
treasurer shall, on the first Monday of every third month, write
the names of the three months in all police tax receipts issued
by him for that quarter, and shall deliver to the sheriff of his
county a sufficient number of said fax receipts for the use of his
county for that quarter.
Sec. 4. The sheriff shall collect the Chinese police tax
provided for in this act. from all persons liable to pay the same,
and may seize the personal property of any such person refusing
to pay such tax, and sell the same at public auction, by giving
notice by proclamation two hours previous to such sale, and
shall deliver the property, together with a bill of sale thereof,
to the person agreeing to pay and paying the highest therefor,
which delivery and bill of sale shall transfer to such person a
good and sufficient title to the property. And after deducting
the tax and necessary expenses incurred by reason of such refusal, seizuro and sale of property, the sheriff shall return tho
surplus of tho proceeds of the sale, if any, to the person whoso
property was sold. And the sheriff, when he shall collect
Chinese police taxes as provided for in litis seel ion. shall deliver
to eilch of the persons paying such taxes, a police tax receipt
with the blanks properly filled.
Sec. 5. Any person charged with the collection of Chinese
police laxes. who shall give any receipl other than (lie one proscribed in this net, or receive money for such taxes without
giving the necessary receipt therefor, or wlio shall insert more than
one name in anyone receipt, shall be deemed guilty of a misdemeanor, and upon indictment and conviction thereof, shall be
fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail for a period not exceeding one year.
Sec. (i. Any sheriff noting as lax collector who shall sell,
or cause to be sold, any police tax receipt, with the date of the
sale left blank, or -which shall not be dated and signed and
blanks filled with ink by the said Territorial auditor, and any
person who shall make any alteration, or cause the same lobe
made, in any police lax receipt, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be lined in any sum
not exceeding one thousand dollars, ami imprisoned in the
county jail for a period not exceeding one year ; and the police
tax receipt so sold with blank date, or which shall not be signed
and dated and blanks filled with ink, as aforesaid, or which shall
have been altered, shall be received in evidence in any court of
competent jurisdiction.
Sec. 7. Any person or company who shall hire persons
liable to pay the Chinese police tax, shall be held responsible
for the payment of the tax due from each person so hired; and
no employer shall be released from this liability on the ground
that the employee is indebted to him, and the collector may proceed against any such employer in the same manner as he might
against the original party from whom said taxes were duo.
Tho collector shall havo power to roquiroany person orcompany
believed to be indebted to, or to have any money, gold dust, or
property of any kind belonging to any person liable for police taxes,
or in which such person is interested, in hisor their possession, or
under his or their control, to answer under oath as to such indebtedness or the possession of such money, gold dust or other
property. In case a party is indebted, or has possession or control of any moneys, gold dust or other properly, as aforesaid, of
such person liable for police taxes, he may collect from such
party the amount of such taxes, and may require the delivery of
such money, gold dust or olhor property, as aforesaid; ami in
all cases the receipt of the collector to said parly shall be a,
complete bar to tuty demand made against said parly, or his
legal representatives, for the amounts of money, gold dust, or
proper! v embraced ! herein.
Sec. S. The collector shall receive twenty-five per cent,
for his sendees In collecting police- (axes j and of the residue,
after deducting the percentage of the collector, fifty per cent,
shall be paid into (he Territorial treasury, and fifty per cent,
into I he general county fund lor i\]t\ use of t he conu(y.
Sec. '.!. Ail (ax receipts required by this act shall be
issued from the Territorial auditor's office, and shall be numbered consecutively, commencing with number one, on (he first
Monday of March, eighteen hundred and sixty-four ; and they
shall commence on (he lirsi Monday of every third month thereafter, and all such (ax receipts shall bo signed by the county
treasurer of the several counties, or by a deputy.
SBC. 10. It is hereby made the duly ef (he various officers
charged with (he execution of tho provisions of this act, to carry
out said provisions by themselves or deputies, and for the faithful performance of their duties in (he premises, they shall be
liable on (heir official bonds, respectively. The treasurers of
the respective counties shall make (heir statements ami settlements, under this act. with (he treasurer of (he Territory, as in
(he cases of other Territorial taxes : Proviiled further, That in
Whatcom county this (ax shall be ten dollars per quarter.
Sec II. In the collection of the Chinese police tax, tho
sheriff, or his deputy, id'Spokane county, shall collect this lax
on all Chinese in Stevens count)-, until such lime as (he said
county of Stevens is lawfully organized.
Sec. 12. This act to lake effect and be in force from and
after the first day of March, 1864.
Passed January 23, L864.
Sjtevier of the Ihmm <f Ilepresentaiives.
President nf the Council.


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