Chap. 99.—An ACT to amend and re-enact section 492 of chapter 24 of the
Code of Virginia, as heretofore umended. {H B 50}

Approved March 6, 1918.

1. Be it enacted by the general assembly of Virginia, That sec-
tion four hundred and ninety-two of chapter twenty-four of the
Code of Virginia, as heretofore amended, be amended and re-enacted
so as to read as follows:

Section 492. By whom property is to be listed; to whom taxed.—
If property be owned by a person sui juris, it shall be listed by and
taxed to him. If property be owned by a minor, it shall be listed by
and taxed to his guardian or trustee, if any he has; if he has no
guardian or trustee, it shall be listed by and taxed to his father, if
any he has; if he has no father, then it shall be listed by and taxed
to his mother, if any he has; and if he has neither guardian or trus-
tee, father nor mother, it shall be listed by and taxed to the person
in possession. If the property is the separate property of a person
over twenty-one years of age or a married woman, it shall be listed
by and taxed to the trustee, if any they have; and if they have no
trustee, it shall be listed by and taxed to themselves. In either case
it shall be listed and taxed in the county or corporation where they
reside; but if they be non-residents of Virginia the said property
shall be listed and taxed in the county or corporation wherein such
trustee resides. If the property be the estate of a deceased person, it
shall be listed by the personal representative or person in possession
and taxed to the estate of such deceased person. If the property be
owned by an idiot or lunatic, it shall be listed by and taxed to his
committee, if any; if none has been appointed, then such property
shall be listed by and taxed to the person in possession. If the
property is held in trust for the benefit of another, it shall be listed
by and taxed to the trustee in the county of his residence (except
as hereinafter provided): provided, that all farming implements,
live stock, and other personal property on a farm shall be listed and
taxed in the county where such farm is located, and not elsewhere.
If the property belong to a company or firm, it shall be listed by and
taxed to the company or firm. If the property belong to a cor-
poration, which property is not otherwise taxed, it shall be listed
to the corporation by the principal accounting officer and at the
principal place of business of such corporation; “provided that, in
the assessment of capital under schedule “C,” section eight, sub-sec-
tion two of the revenue act, the stock on hand, raw materials for
use in business whether at the place of business in storage, or else-
where, and machinery and tools not taxed as real estate, money on
hand and on deposit. shall be listed to the corporation by the princi-
pal officer in the county or incorporated community in which such
property is physically located as provided by law.” If the property
consists of money, bonds, or other evidences of debt under the con-
trol or in the possession of a receiver or a commissioner, it shall be
listed by and taxed to such receiver or commissioner, and the clerk
of each court shall furnish the commissioner of the revenue with all
bonds and funds held by the commissioner or receivers under the au-
thority of the court. If the property consists of money or other
things deposited to the credit of any suit and not in the hands of a
receiver, it shall be listed by and taxed to the clerk of the court in
which the suit 1s, and such clerk shall, upon the order of his court.
made in term or vacation, withdraw from such deposit the amount
of such tax; provided, that funds, credits, or estate in the hands of a
recciver of a court, or deposited to the credit of a suit, to await ad-
judication and disbursement upon debts reported in suits or pro-
ceedings pending in such court, shall not be listed for taxation. If
the property consist of money, bonds, stock or other evidences of
public or private debts in any county or city other than that. of his
residence or State other than Virginia, it shall be listed by and
taxed to the owner thereof; and it shall be the duty of the respective
examiners of records of the said judicial of the said judicial cir-
cnits, where the respective fiduciaries are appointed or qualified, to
report to the respective commissioners of the revenue, of the counties
or corporation in which said property is liable for taxation, all prop-
erty held by said fiduciaries to be taxed as provided by law. If the

roperty be listed by and taxed to any person other than the owner,
it shall not be delivered to the owner until the taxes thereon are
paid oF indemnity given to the person in possession for the payment
thereof.