Public-domain · open source
OpenJurist

Assessment

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In a general sense, denotes the process of ascertaining and adjust- re ing the shares respectively to be contributed by several persons towards a common beneficial object according to the benefit received. In taxation. The listing and valuation of property for the purpose of apportioning a tax upon it, either according to value alone or in proportion to benelit received. Also determining the share of a tax to be paid by each of many persons; or apportioning the entire tax to be levied among the different taxable persons, establishing the proportion due from each. Assessment, as used in juxtaposition with taxation in a state constitution, includes all the steps necessary to bs tuken in the legitimate exercise of the power totax, 4 Neb. 336, Assessment is also popularly used as a synonym for taxation in general,—the authori- Se tative imposition of a rate or duty to be paid. But in its technical signification it denotes only taxation fora special purpose or local improvement; logal taxation, as distinguished from general taxativn; taxation on the principle of apportionment according to the relation between burden and benefit, As distinguished from other kinds of taxation, assessments are those special and local impositions upon property in the immediate vicinity of municipal improvements which are necessary to pay for the improvement, and are laid with reference to the special benefit which the property is supposed to have derived therefrom.

29 Wis. 599.

Assessment and tax are not synonymous. An assessment is doubtless a tax, but the term implies soluething more; it implies a tax of a particular kind, predicated upon the principle of equivalents, or benefits, which are peculiar to the persons or property charged therewith, and which are said a to be assessed or appraised, according to the measure or proportion of such equivalents; whereas a simple tax is imposed for the purpose of supporting the government generally, without reference to any special advantage which may be supposed to accrue to the persons taxed. Taxes must be levied, without discrimination, equally upon all the eubjects of property; whilst assessments are only levied upon lands, or some other specific property, the subjects of the supposed benefits; to repay which the assessment is levied.

1 Handy, 464.

In corporations. Instalments of the money subscribed for shares of stock, called are called “assessments,” or, in En “calls.” The periodical demands made by a m insurance company, under its chartera Jaws, upon the makers of premium n also denominated “assessments.” Of damages. Fixing the amounto ages to whieh the successful party in a is entitled after an interlocutory judg has been taken. Assessment of damages is also the given to the determination of the sum a corporation proposing to take lands public use must pay in satisfaction of mand proved or the value taken. In insurance. An apportionment in general average upon the various ar: and interests at risk, according to their at the time and place of being in safety, f contribution for damage and sacrifices pur posely made, and expenses incurred for cape from impending common peril.

2 Ins. c. xv.