Chap. 291.—An ACT to amend and re-enact an act approved December 17,
1903, entitled an act to provide for the collection of all taxes in arrear and
past due to the Commonwealth prior to February 1, 1903, upon the shares
of capital stock of banks and banking associations, whether due by resident
or non-resident stockholders, and for this purpose to amend chapter 642
of the acts of the general assembly of Virginia, session 1895-96, approved
March 3, 1896, and appearing as section 492 c, of the Code of Virginia
(Pollard’s edition).

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That an act ap-
roved December seventeenth, nineteen hundred and three, entitled an
‘t to provide for the collection of all taxes in arrear and past due to the
ommonwealth prior to February first, nineteen hundred and three, upon
e shares of the capital stock of banks and banking associations, whether
ue by resident or non-resident stockholders, and for this purpose to
nend chapter six hundred and forty-two of the acts of the general assem-
y of Virginia, session eighteen hundred and ninety-five and six, ap-
‘oved March third, eighteen hundred and ninety-six, and appearing as
section four hundred and ninety two c, of the Code of Virginia (Pollard’s
edition), be amended and re-enacted so as to read as follows:

$1. The assessment of the shares of the capital stock of banks and
banking associations heretofore made are hereby confirmed, and the as-
sessment thereof shall be hereafter made in the manner prescribed by law.

§2. All acts done by the auditor of public accounts in pursuance of the
provisions of chapter six hundred and forty-two of the acts of eighteen
hundred and ninety-five and eighteen hundred and ninety-six, aforesaid,
are hereby affirmed and continued in full force and virtue; and any pay-
ment of the taxes upon the shares of the capital stock of any banks er
banking associations which have been made pursuant to the provisions of
section two of the act hereby amended and re-enacted are hereby declared
to be valid payments of said taxes. ,

§3. It shall be lawful for any bank or banking association doing busi-
ness in this State, whether organized under the laws of this State or of the
United States, at any time within ten days from the passage of this act
to pay to the auditor of public accounts any or all taxes assessed upon the
shares of the capital stock of the stockholders of such bank or banking
association prior to the year nineteen hundred and three, and which re-
main due and unpaid to the Comomnwealth, with interest as herein pro-
vided.

§4. Unless the taxes on such shares, so assessed prior to the year nine-
teen hundred and three, and so unpaid and in arrear, with interest, shall
be paid to the auditor of public accounts within ten days from the pas-
sage of this act by such bank or banking association, or by the owner or
holder of such shares chargeable therewith, then the said taxes so in
arrear, together with six per centum interest thereon from the first day
of December in the year in which such unpaid taxes were respectively
assessed and originally became due and payable, shall be collected in the
manner hereinafter provided.

§5. If such taxes so assessed and due upon any of such shares, with
interest as aforesaid, shall not be paid to the auditor by such bank in the
exercise of the privilege hereby conferred, or by the holder or owner of
such shares within ten days from the passage of this act, it shall be the
duty of the auditor of public accounts thereupon, within ten days, to
notify the attorney-general, and to give him a copy of the lists of the
stockholders of each such banks and banking associations the taxes upon
which are so unpaid, together with the date from which interest upon said
taxes is due and payable, and the attorney-general shall thereupon pro
ceed to collect said taxes, with interest thereon as aforesaid, from the
several stockholders who are the owners or holders of the shares of stock
chargeable with said unpaid taxes, by motion in the circuit court of the
city of Richmond, after ten days’ notice to each of said stockholders, re-
spectively. Such motion and the suits thus instituted shall be cognizable
by said court, and said court is empowered to give full relief, and to give
the defendants therein the benefit of any just and legal defense to which
they may be entitled at law or in equity. The taxes due by any of said
stockholders for more than one year may be embraced in and recovered
hy one suit, or in separate suits, as the attorney-general may find to be
most desirable or convenient. Such notice may be served upon non-
resident stockholders by personal service, either within or without this
State, or by publication as provided in section thirty-two hundred and
eight of the Code of Virginia; and any property of any such stockholder,
who is not a resident of this State, may be subjected to sale by proceeding
against it by attachment sued out in any such suit by the attorney-general,
and the shares of stock of such non-resident stockholder may be sub-
jected to sale, and any money of said stockholder in the bank in which
he is a stockholder may be attached and subjected for the payment of
said taxes. And said court is given power and jurisdiction to enforce the
collection of said taxes in each case by appropriate orders, and to enforce
the same against such shares or money or property of such resident or
non-resident stockholder in this State, and to give complete and effectual
relief, but no bond shall in any case be required of the Commonwealth.
But no personal judgment shall be rendered against any person who shall
not have been duly served with such notice in this State.

§6. The attorney-general may cause a copy of the notice in such case
to be served upon the bank or banking association which issued the shares
of stock upon which such taxes are due, together with a notice to said
bank that it will be looked to to pay any sum for which judgment shall
be rendered in said proceedings ; and such notice, so served upon said bank
or banking association, shall thereupon operate as a garnishee summons
to said bank; and unless it shall show good cause against the same, judg-
ment may be rendered by said court against said bank for the taxes so
due upon the shares of its stock aforesaid, with interest thereon as afore-
said, and for the costs of such suit. Upon the satisfaction of any such
judgment, such bank shall have the right to charge the amount so paid
in discharge thereof to the stockholder whose shares were chargeable with
such tax. Such bank shall have the right to show cause against any
such motion, and to make any defense to the same in said proceeding
which it may be entitled to make at law or in equity.

§7. The attorney-general may, if he deems it proper and advisable, in-
stead of proceeding against such bank in said suit at law, institute and
prosecute in said court one or more chancery suits against any such bank
which issued the shares of stock upon which said unpaid taxes and the
interest thereon are due, for the purpose of subjecting the shares of stock,
money, or other assets of any stockholder of said bank, upon whose shares
such taxes are due, to the payment of the same and interest thereon, as
aforesaid, or for the purpose of requiring said hank to pay the same to
the extent that it may be legally or equitably liable therefor by reason of
any lien of the Commonwealth thereon, or by reason of the provisions of
section seventeen of chapter two hundred and forty-four of the acts of
the general assembly of Virginia, session of eighteen hundred and eighty-
nine and eighteen hundred and ninety, as amended by chapter six hun-
dred and sixty-nine of the acts of the general assembly of Virginia, ses-
sion of eighteen hundred and ninety-five and eighteen hundred and
ninety-six, approved March third, eighteen hundred and ninety-six, or
by reason of any notice given to, or list filed with such bank by said
sanditor, or by any city or county treasurer, or by reason of any act done
pursuant to the provisions of said act of March third, eighteen hundred
and ninety-six. Such chancery suit may be instituted and prosecuted
either as a cumulative or as a collateral remedy for the collection of such
unpaid taxes.

$8. All taxes upon such shares of stock assessed prior to the year nine-
teen hundred and three and due and unpaid to any county, city, or town
of this Commonwealth, may be enforced and collected in the same man-
ner and upon similar proceedings, whether such proceedings be now pend-
ing or hereafter instituted, as is provided in this act for the enforcoment
and collection of State taxes thereon, said proceedings to be instituted by
and in the name of such county, city, or town in the court having juris-
diction of civil cases therein, and to conform in other respects, as far as
may be to the proceedings prescribed in this act for the collection of State
taxes upon such shares of stock.

§9. All liens in behalf of the State provided for and secured by s2ction
one of chapter six hundred and forty-two of acts of eighteen hundred
and ninety-five and eighteen hundred and ninety-six aforesaid, and any
other liens which the Commonwealth has acquired as a security for the
ultimate collection of any such taxes, and all liens provided by law as
security for the collection of taxes so due such county, city, or town are
hereby preserved and continued in force as though this act had not been

assed.

§10. Any such taxes, with the interest thereon as aforesaid, and any
costs of any suit which may have been brought by the attorney-general to
recover the same, may be paid to the said auditor by the bank which
issued the shares upon which said taxes are due, or by the owner of such
shares, or by any person for him, at any time after twenty days from the
passage of this act; and thereupon any suit which may have been brought
for the collection of the same shall be dismissed ; or, if a judgment shall
have been recovered therefor, the auditor or the attorney-general shall
cause the same to be duly marked satisfied.

§11. An emergency existing for the immediate operation of this act.
the same shall be in force from its passage.