Chap. 457.—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 the
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 1895-1896, approved March
3, 1896.

Approved December 17, 1903.

Be it enacted by the general assembly of Virginia, That chapter six
hundred and forty-two of the acts of the gencral. assembly of Virginia,
session of eighteen hundred and ninety five and eighteen hundred and
ninety-six, entitled “an act to authorize and empower the auditor of pub-
lie accounts to collect taxes heretofore assessed upon bank stock held by
resident or non-resident stockholders,” approved March third, eighteen
hundred and nincty-six, be amended and re-enacted so as to read as fol-
ae
$1. The assessment of the shares of the capital stock of banks and
banking associations heretofore made are hereby confirmed, and_ the
assessment thereof shall be hereafter made in the manner precribed 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 eigh-
teen hundred and ninety-five and eighteen hundred and ninety-six afore-
said, are hereby affirmed and continued in full force and virtue; and any
payment of the taxes upon the shares of the capital stock of any banks or
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 Jawful 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 Commonwealth.

§ 4. Unless the taxes on such shares, so assessed prior to the year nine-
teen hundred and three, and so unpaid and in arrear, shall be paid to the
auditor of public accounts within ten days from the passage 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 intercst thereon from the first day of December in
the year in which such unpaid taxes were respectively assessed and origi-
nally became due and pavable, shall be collected in the manner herein-
after provided.

$5. If such taxes so assessed and due upon any of such shares 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 ac-
counts thereupon, within ten days, to notify the attorney-general, and to
give him a copy of the lists of the stockholders of cach of 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 proceed to collect said taxes, with in-
terest 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, respectively. 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 by 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 cued out in
any such suit by the attorney-general, and the shares of stock of such
non-resident stockholder may be subjected to sale, and any money of said
stockholder in the bank in which he is a stockholder may be attached and
subjected for the pavinent 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 1o 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 re-
quired of the Commonwealth. But no personal judgment shall be ren-
dered 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 any 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 procecdings; 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, judgment 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 aforesaid, 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
whieh it may be entitled to make at law or in equity.

The attorney-general may, if he deems it proper and advisable,
instead 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 pavment of the same and interest. thereon, as
aforesaid, or for the purpose of requiring said bank to pay the same to
the extent that it may be legally or equitably lable 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, cightecn hundred and ninety-six, or by
reason of any notice given to, or list filed with such bank bv said auditor,
or by any city or county treasurer, or by reason of any act done pursuant
to the provisions of said act of March third, cighteen hundred and nincty-
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 liens in behalf of the State provided for and sceured by sec-
tion one of chapter six hundred and forty-two of acts of cighteen hun-
dred and ninety-five and eighteen hundred and nincty-six aforesaid, and
any other liens which the Commonwealth has acquired as a security for
the ultimate collection of any such taxes, are hereby preserved and con-
tinued in force as though this act had not been passed.

§ 9. Any such taxes, with the interest thervon as aforesaid, and any
costs of any suit which may have been brought by the attornev-gencral to
recover the same, may be paid to the said auditor by the bank whict
issued the shares upon which said taxes are due, or by the owner of suct
shares, or by any person for him, at any time after twenty davs 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 shal
have been recovered therefor, the auditor or the attorney-gencral shal!
cause the same to be duly marked satisfied.
$10. This act shall be in force from its passage.