Chap. 677.—An ACT to amend and re-enact section 20 of an act entitled “an act
to provide for the assessment of taxes on persons, property, and incomes, and
on licenses to transact business, and imposing taxes thereon for the support of
the government and public free schools, and to pay the interest on the public
debt, and prescribing the mode of obtaining licenses to sell wine, ardent spirits,
malt liquors, or any mixture thereof, in cases where a court certificate is re-
quired,” approved March 6, 1890, in respect to taxation of railroad and canal
companies.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That section
twenty of an act entitled “an act to provide for the assessment of taxes
on persons, property, and incomes, and on licenses to transact business
and imposing taxes thereon for the support of the government and public
free schools, and to pay the interest on the public debt, and prescribing
the mode of obtaining licenses to sell wine, ardcnt spirits, malt liquors,
or any mixture thereof, in cases where a court certificate is required,”
approved March sixth, eighteen hundred and ninety, be amended and re-
enacted so as to read as follows:

§ 20. Tax on railroads and canal companies.—The board of public
works, or whatever board, person, or commission may be by law au-
thorized so to do, shall annually ascertain and: assess, at the time herein-
after mentioned and in the manncr required by law, the value of the road-
bed and other real estate, rolling stock and other tangible personal prop-
erty, in this State of cach railway corporation now or hereafter liable
for taxation upon such property by whatever power operated; the canal
bed and other real estate, the boats and other tangible personal property,
in this State of each canal corporation empowered to conduct transporta-
tion; and such property shall be taxed for State and for county, city,
town, and district purposes in the same manner as authorized by law at
such rates of taxation as may be imposed by them, respectively, from time
to time, upon real estate and personal property of natural persons: pro-
vided, however, that no tax shall be laid upon the net income of such
corporations.

Every such railway or canal corporation, whether exempt from tax-
ation as to its works, visible property, or profits, or not, shall also pay to
the State an annual State franchise tax equal to one per centum upon
the gross receipts hereinafter specified for the privilege of exercising ite
franchises in this State, which, with-the taxes hereinbefore provided for,
shall be in lieu of all taxes or license charges whatsoever upon the fran-
chises of such corporation and the shares of stock issued by it, and upon
its property as hereinbefore provided for: provided, that nothing herein
contained shall exempt such corporation from assessments for street and
other public local improvements which shall be authorized by law: and
provided, further, that nothing herein contained shall annul or inter-
fere with, or prevent, any contract or agreement by ordinance between
street railway corporations and municipalities as to compensation for the
use of the streets or alleys of such municipalities by such railway cor-
porations.

The amount of such franchise tax shall be equal to one per centum
of the gross transportation receipts of such corporation for the year end-
ing June thirtieth of cach year, to be ascertained in the followin;
manner:

(a) When the road or canal of the corporation lies wholly within th:
State, the tax shall be equal to one per centum of the entire gross trans
portation receipts of such corporation.

(6) When the road or canal of the corporation lies partly within an:
partly without this State, or is operated as a part of a line or system et
tending beyond this State, the tax shall be equal to one per centum of ta
gross transportation receipts earned within this State, to be ascertaine-
as follows: By ascertaining the average gross transportation receip:
per mile over its whole extent within and without this State, and mt‘it
pilving the result by the number of miles operated within this Stat
provided, that from the sum so ascertained there may be deducted ;
reasonable sum beeause of any excess of value of the terminal facilitie
or other similar advantages situated in other States over similar facil
ities or advantages situated in this State.

All the provisions of the law, as the same is now existent and in force
except as changed by this statute, in respect to the ascertainment an:
collection of taxes, shall, so far as applicable, apply to the ascertainmen
ind collection of the franchise tax hereinbefore provided for, as well s:
all other taxes of such corporations. Said taxes shall, until paid, be :
lien upon the property within this State of the corporation owning th:
same and take precedence of all other liens or encumbrances.

Any such corporation aggrieved by the assessment and ascertainmen
of its taxes may, within thirty days after receiving a certified cop
thereof, apply for relief to the circuit court of the city of Richmond
Notice of the application setting forth the grounds of complaint, anc
verified by affidavit, shall be served upon the proper board charged bi
law with the duty of the assessment and ascertainment of such tax, and
also upon the attorney-general, whose duty it shall be to represent the
Commonwealth. If the court be of the opinion that the assessment or ta‘
is excessive, it shall reduce the same; but if of opinion that it is insuffi.
cient, it shall increase the same. Unless the applicant paid the taxes
under protest when due, the court, if the decision is adverse to the appli-
cant, shall, in disallowing the application, give Judgment against it for
a sum, by way of damages, equal to interest at the rate of one per centum
per month upon the amount of taxes from the time the same was pavable.
If the decision is in favor of the applicant, in whole or in part, appro-
priate relicf shall be granted, including the right to recover any excess
of taxcs that may have been paid, with legal interest thereon and costs.
from the State or local authorities, or both, as the case may be, the judg-
ment to be enforcible by mandamus or other proper process issuing from
the court finally adjudicating the application. The Supreme Court of
Appeals may, subject to the provisions of the constitution, allow a writ
of error to either party.

2. This act shall be in force from and after the first day of January.
nineteen hundred and three: provided, however, that for that year the
franchise tax shall be based upon said corporation’s gross receipts for
{he year ending June thirtieth, nineteen hundred and three, and from
and after said first day of January, nineteen hundred and three, all acts
or parts of acts inconsistent or in conflict with this act, or any of the pro-
visions thereof, are hereby repealed.