Chap. 300.—An ACT to amend and re-enact section 27 of an act entitled ‘“‘an act
to raise revenue for the supportof the government and public free schools,
and to pay the interest on the public debt, and to provide a special tax for
pensions, as authorized by section 189 of the Constitution,” approved April

16, 1903.
Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That section
twenty-seven of an act entitled an act to raise revenue for the support of
the government and public free schools, and to pay the interest on the
public debt, and to provide a special tax for pensions, as authorized by
section one hundred and eighty-nine of the Constitution, be amended and
re-enacted so as to read as follows:

$27. Every railway and canal corporation of this State not exempted
from taxation by virtue of its charter, and every railway and canal cor-
poration incorporated under the laws of any other State doing business
in this State shall report annually, on or before the first day of Sep-
tember to the State corporation commission all of its real and personal
property of every description, as of the thirtieth day of June preceding,
showing particularly in what county or corporation the principal office
xr agency of such corporation is located in this State, and in what county
ot corporation such property is located, and also showing what part of
such property is located in each school district of such county, and
lassifying the same under the following heads :

First. Roadway and track or canal bed. ; |

Second. Depots, depot grounds and lots, station buildings and fixtures,

and machine shops.
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Third. Real estate not included in other classes.

Fourth. Rolling stock, including passenger, freight, cattle or stock,
baggage, mail, express, sleeping, palace, and all other cars owned by or
belonging to the corporation, boats, machinery, depot, and office furniture
and equipments, houses and appurtenances occupied by lock gate keepers
and other employees: provided, that foreign railway and canal corpora-
tions doing business in this State shall report and be assessed on the
average amount of rolling stock habitually used by them in this State.

Fifth. Stores.

Sixth. Telegraph lines.

Seventh. Stock, bonds, and other evidences of debt of other corpora-
tions and individuals and firms held by such company.

Eighth. Stocks, bonds, and other evidences of debt of any person or
corporation belonging to any such company, chartered in this State, in ex-
cess of its indebtedness, whether the same be held in trust or otherwise
by some other person, firm, or corporation, within or without this State,
which for the purpose of this act, shall be considered to be located at the
principal office of such company in this State.

Ninth. All other personal property of such company not enumerated
in either of the foregoing heads, which would be taxable under this act
if the same belonged to an individual.

Every such corporation shall also report on or before first day of Sep-
tember of each year, the gross transportation receipts of the railway or
canal for the twelve months preceding the thirtieth day of June of each
year, and in all cases the report shall be so made as to give the data on
which the same is made. If such railway or canal is only in part within
the Commonwealth, the report shall show what part is within the Com-
monwealth, and what proportion the same bears to the entire length of
the road or canal, and shall apportion the said receipts accordingly. The
report herein required shall be verified by the oath of the president or
other proper officer. The State corporation commission shall after thirty
days’ notice previously given by it to the president, treasurer, or other
proper officer of such corporation, proceed to ascertain the value of prop-
erty, and the gross transportation receipts so reported, upon the best and
most reliable information that can be procured, and to this end shall be
authorized and empowered to send for persons and papers. The State
corporation commission shall assess upon said property and gross trans-
portation receipts the taxes imposed thereon by law.

A certified copy of the assessment, when made, shall be immediately
forwarded by the clerk of the State corporation commission to the auditor
of public accounts, and to the president or other proper officer of each
railway and canal corporation so assessed, whose duty it shall be to pay
into the treasury of the State, on or before the first day of December
following, the taxes upon its property, and the franchise tax upon its
gross transportation receipts as shown by said copy of the assessment.

The State corporation commission shall, at such time as it may elect,
on or before the fifteenth day of October following, proceed to ascertain
and assess the gross transportation receipts of any railway or canal corpo-
ration which has failed to make the report herein required, and shal] also
assess the value of the property of any such corporation, except its fran-
chise and non-taxable shares of stock issued by other corporations and
owned by it, at a fair cash valuation upon the best and most reliable in-
formation that can be procured, and to this end shall be authorized and
empowered to send for persons and papers, and said commission shall
assess upon such gross transportation receipts and property the taxes im-
posed thereon by law. A certified copy of the assessment when made
shall be immediately forwarded by the clerk of the State corporation com-
mission to the auditor of public accounts and to the president or other
proper officer of such railway or canal corporation so assessed, whose duty
it shall be to pay into the treasury of the State within thirty days after
receiving said certified copy of the assessment, the taxes upon its property
and the franchise tax upon its gross transportation receipts, as shown by
said copy of the assessment.

Such taxes so assessed, and a penalty in addition thereto of five per
centum thereon, if the said taxes be not paid at the time provided herein,
shall be collected by the treasurer of any county or city in which such
corporation owns property, to whom the auditor may deliver a copy of the
assessment. The treasurer may distrain and sell any personal property
of such corporation, and shall pay the amount of said taxes and penalty
into the treasury within one month from the time of delivery to him of
the copy as aforesaid. The roadbed, depot, depot grounds, rolling stock,
tools, oil, and other articles used in operating railroads owned by mining,
lumber, and like companies which transport passengers or freight for
other than such owners, shall be assessed by the State corporation com-
mission in the mode prescribed by this act. All other property of such
mining, lumber, and like companies shall be assessed by the commissioner
of the revenue upon the land and personal property books of the counties
and cities where located. Mining, lumber, and like companies operating
railroads to transport passengers or freight for others, shall be construed
as in the provision of this section as to all of their property, except their
real estate, not used as a part of their roadbed or for depot purposes,
which shall be assessed by the commissioner of the revenue in the district
or city wherein situated.

It shall be the duty of the State corporation commission to prepare and
furnish to the several corporations required to make reports under this
section forms for such reports, which said corporations shall use in
making the reports required of them, and any such corporation which
shall fail to make the report hereinbefore required, within the time
herein prescribed, shall be liable to a fine of not less than one hundred
dollars nor more than two hundred and fifty dollars for each day such
corporation may be in default in making such report. The said fine to be
imposed and judgment entered therefor by the State corporation com-
mission after thirty days’ notice to any such defaulting corporation to
appear before the said commission and show cause, if any, against the
imposition of such fine, subject to appeal to the supreme court of appeals.
It shall be the duty of the clerk of the State corporation commission to
furnish to the council of every city and town and to the board of super-
visors of every county, and to the treasurer of every county and city,
wherein any property belonging to such corporation is situated, a cer-
tified copy of the assessment made by the State corporation commission
of such corporation’s property, which shall definitely show the character
of the property, its value, and location for purposes of taxation in each
county, city, town, and school district,so that county, city, town, and school
district levies may be laid upon the same: provided, however, that it shall
be the duty of the county superintendent of schools in each county in
which a railway or canal is located and operated to furnish on or before
the first day of July in each year to such railway or canal corporation or
corporations, the boundaries of each school district of said county in
which any part of such railway or canal, and its property is situated, and
a copy of such boundaries to the clerk of the State corporation commis-
sion. Whenever any county superintendent of schools shall fail to fur-
nish to such railway or canal corporation or corporations and the clerk
of the State corporation commission, the boundaries of each school dis-
trict of said county in which any part of such railway or canal and its
property is situated, it shall be the duty of the clerk of the State car-
poration commission to notify the judge of the circuit court of the
county wherein such superintendent of schools resides, who shall instruct
the grand jury at the next term of the circuit court to ascertain whether
such boundaries have been furnished as required in this act, and should
said grand jury ascertain that such boundaries have not been furnished,
they shall find an indictment against such county superintendent of
schools, who shall be deemed guilty of a misdemeanor, and, upon convic-
tion thereof, shall be fined not less than twenty-five dollars nor more than
one hundred dollars for each school district so omitted.