An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1908 |
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Law Number | 379 |
Subjects |
Law Body
Chap. 379.—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 and 6, approved March 3,
1896, and appearing as section 492-c of the Code of Virginia (Pollard’s
edition) so as to provide for the recovery and collection of State, county, and
municipal taxes and levies due and in arrear prior to February 1, 1893, upon
such shares of stock.
Approved March 14, 1908.
1. Be it enacted by the general assembly of Virginia, That an act
approved December seventeenth, nineteen hundred and three, entitled
an act to provide for the collection of all taxes in arrear and past
due to the Commonwealth prior to February first, nineteen hundred and
three, upon the shares of the capital stock of banks and banking associa-
tions, whether due by resident or non-resident stockholders, and for this
purpose to amend chapter six hundred and forty-two of the acts of the
general assembly of Virginia, session eighteen hundred and ninety-five
and six, approved 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
ne aa thereof shall be hereafter made in the manner prescribed
y 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 anv payment of the taxes upon the shares of the captial 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
herebv declared to be valid payments of said taxes.
§3. It shall be lawful for any bank or banking association doing
business 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 pav 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 remain due and unpaid to the Commonwealth, with interest
as herein provided.
§4. Unless the taxes on such shares, so assessed prior to the year
nineteen 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 passage of this act bv such hank 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 vear 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 davs, to notify the attornev-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 proceed 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, 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 anv
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
he embraced in and recovered by one suit, or in separate suits, as the
attorney-genera) 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 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 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
‘ease 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, 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 which it may be entitled to make at law or in equity.
87. 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 payment 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
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 hundred and sixty-nine, of the acts of the
general assembly of Virginia, session of cighteen 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 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, 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
nineteen hundred and three and due and unpaid to any county, city or
town of this Commonwealth, may be enforced and collected in the
same manner and upon similar proceedings, whether such proceedings
be now pending or hereafter instituted, as is provided in this act for the
enforcement 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 jurisdiction 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 section
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 se-
curity 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 passed.
§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.