(a) When the road or canal of the corporation lies wholly within

this State, the tax shall be equal to one per centum of the entire

gross transportation receipts of such corporation

(b) When the road or canal of the corporation lies partly within

and partly without this State or is operated as a part of a line

or system extending beyond this State, the tax shall be equal to

one per centum of the gross transportation receipts earned within

this State, to be determined as follows: By ascertaining the

average gross transportation receipts per mile over its whole

extent within and without this State, and multiplying the result

by the number of miles operated within this State provided, that

from the sum so ascertained there may be a reasonable deduction

because of any excess of value of the terminal facilities or other

similar advantages in other states over similar facilities or

advantages in this State.

SEC 179 Each corporation mentioned in sections One Hundred and

Seventy six and One Hundred and Seventy seven shall annually, on

the first day of September, make to the State Corporation

Commission the report which the law, in force January the first,

nineteen hundred and two, required to be made annually to the

Board of Public Works by every railroad and canal company in this

State, not exempt from taxation by virtue of its charter, which

report shall also show the property taxable in this State

belonging to the corporation on the thirtieth day of June

preceding, and its total gross transportation receipts for the

year ending on that date. Upon receiving such report the State

Corporation Commission shall, after thirty days' notice previously

given, as provided by said law, assess the value of the property

not exempt from taxation, of the corporation, and ascertain the

amount of the franchise tax and other state taxes chargeable

against it. All taxes for which the corporation is liable shall be

paid on or before the first day of December following the

provisions of said law, except as changed by this article shall

apply to the ascertainment and collection of the franchise, as

well as other taxes of such corporations. Said taxes, until paid,

shall be a lien upon the property within this State of the

corporation owning the same, and take precedence of all other

liens or incumbrances.

SEC. 180 Any corporation aggrieved by the assessment and

ascertainment made under sections One Hundred and Seventy six and

One Hundred and Seventy eight may, within thirty days after

receiving a certified copy thereof, apply for relief to the

circuit court of the city of Richmond Justice of the application,

setting forth the grounds of complaint, verified by affidavit,

shall be served on the State Corporation Commission, and on the

Attorney General whose duty it shall be to represent the State.

The court, if of opinion that the assessment or tax is excessive

shall reduce the same, but if of opinion that it is insufficient,

shall increase the same. Unless the applicant paid the taxes under

protest, when due, the court, if it disallow the application,

shall 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 were payable. If the

application be allowed, in whole or in part, appropriate relief

shall be granted, including the right to recover any excess of

taxes 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 judgment to be enforceable by mandamus or other proper

process issuing from the court finally adjudicating the

application. Subject to the provisions of Article Six of this

Constitution, the Supreme Court of Appeals may allow a court of

error to either party.

SEC. 181. As of January the first, nineteen hundred and three, the

system of taxation, as to the corporations mentioned in sections

One Hundred and Seventy six and One Hundred and Seventy seven,

shall be as set forth in sections One Hundred and Seventy six to

One Hundred and Eighty, inclusive, and for that year the franchise

tax shall be based upon such gross receipts for the year ending

the thirtieth day of June, nineteen hundred and three, and such

system shall so remain until the first day of January, nineteen

hundred and thirteen, and thereafter until modified or changed, as

may be prescribed by law provided, that, if the said system shall

for any reason become inoperative, the General Assembly shall have

power to adopt some other system.

SEC. 182. Until otherwise prescribed by law, the shares of stock

issued by trust or security companies chartered by this State, and

by incorporated banks, shall be taxed in the same manner in which

the shares of stock issued by incorporated banks were taxed, by

the law in force January the first, nineteen hundred and two, but

from the total assessed value of the shares of stock of any such

company or bank, there shall be deducted the assessed value of its

real estate otherwise taxed in this State, and the value of each

share of stock shall be its proportion of the remainder.

SEC. 183. Except as otherwise provided in this Constitution, the

following property and no other, shall be exempt from taxation,

state and local, but the General Assembly may hereafter tax any of

the property hereby exempted save that mentioned in sub-section

(a)

(a) Property directly or indirectly owned by the State, however

held, and property lawfully owned and held by counties, cities,

towns, or school districts, used wholly and exclusively for

county, city, town, or public school purposes, and obligations

issued by the State since the fourteenth day of February, eighteen

hundred and eighty two or hereafter exempted by law. (b) Buildings

with land they actually occupy, and the furniture and furnishings

therein lawfully owned and held by churches or religious bodies,

and wholly and exclusively used for religious worship, or for the

residence of the minister of any such church or religious body,

together with the additional adjacent land reasonably necessary

for the convenient use of any such building.

(c) Private family burying grounds not exceeding one acre in area,

reserved as such by will or deed or shown by other sufficient

evidence to be reserved as such, and so exclusively used, and

public burying grounds and lots therein exclusively used for

burial purposes, and not conducted for profit, whether owned or

managed by local authorities or by private corporations.

(d) Buildings with the land they actually occupy and the

furniture, furnishings, books and instruments therein, wholly

devoted to educational purposes, belonging to, and actually and

exclusively occupied and used by churches, public libraries,

incorporated colleges, academies, industrial schools, seminaries,

or other incorporated institutions of learning, including the

Virginia Historical Society, which are not corporations having

shares of stock or otherwise owned by individuals or other

corporations, together with such additional adjacent land owned by

such churches, libraries and educational institutions as may be

reasonably necessary for the convenient use of such buildings,

respectively, and also the buildings thereon used as residences by

the officers or instructors of such educational institutions, and

also the permanent endowment funds held by such libraries and

educational institutions directly or in trust, and not invested in

real estate provided, that such libraries and educational

institutions are not conducted for profit of any person or

persons, natural or corporate directly or under any guise or

pretence whatsoever. But the exemption mentioned in this sub

section shall not apply to any industrial school, individual or

corporate, not the property of the State, which does work for

compensation, or manufactures and sells articles, in the community

in which such school is located; provided, that nothing herein

contained shall restrict any such school from doing work for or

selling its own products or any other articles to any of its

students or employees.

(e) Real estate belonging to, actually and exclusively occupied,

and used by, and personal property, including endowment funds,

belonging to Young Men's Christian Associations, and other similar

religious associations, orphan or other asylums, reformatories,

hospitals and nunneries, which are not conducted for profit, but

purely and completely as charities.

(f) Buildings with the land they actually occupy, and the

furniture and furnishings therein, belonging to any benevolent or

charitable association and used exclusively for lodge purposes or

meeting rooms by such association, together with such additional

adjacent land as may be necessary for the convenient rise of the

buildings for such purposes; and

(g) Property belonging to the Association for the Preservation of

Virginia Antiquities, the Confederate Memorial Literary Society,

and the Mount Vernon Ladies' Association of the Union.

No inheritance tax shall be charged, directly or indirectly,

against any legacy or devise made according to law for the benefit

of any institution or other body or any natural or corporate

person whose property is exempt from taxation as hereinbefore

mentioned in this section.

Nothing contained in this section shall be construed to exempt

from taxation the property of any person, firm, association or

corporation, who shall, expressly or impliedly, directly or

indirectly, contract or promise to pay any sum of money or other

benefit, on account of death, sickness, or accident to any of its

members or any other person; and whenever any building or land, or

part thereof, mentioned in this section and not belonging to the

State, shall be leased or shall be a source of revenue or profit,

all of such buildings and land shall be liable to taxation as

other land and buildings in the same county, city, or town; and

nothing herein contained shall be construed as authorizing or

requiring any county, city, or town to tax for county, city or

town purposes, in violation of the rights of the lessees thereof

existing under any lawful contract heretofore made, any real

estate owned by such county, city or town, and heretofore leased

by it.

Obligations issued by counties, cities, or towns may be exempted

by the authorities of such localities from local taxation.

SEC. 184. No debt shall be contracted by the State except to meet

casual deficits in the revenue, to redeem a previous liability of

the State, to suppress insurrection, repel invasion, or defend the

State in time of war. No scrip, certificate, or other evidence of

state indebtedness, shall be issued except for the transfer or

redemption of stock previously issued, or for such debts as are

expressly authorized in this Constitution.

SEC. 185. Neither the credit of the State, nor of any county,

city, or town, shall be, directly or indirectly, under any device

or pretence whatsoever, granted to or in aid of any person,

association, or corporation; nor shall the State, or any county,

city, or town subscribe to or become interested in the stock or

obligations of any company, association, or corporation, for the

purpose of aiding in the construction or maintenance of its work;

nor shall the State become a party to or become interested in any

work of internal improvement, except public roads, or engaged in

carrying on any such work; nor assume any indebtedness of any

county, city, or town, nor lend its credit to the same; but this

section shall not prevent a county, city or town from perfecting a

subscription to the capital stock of a railroad company authorized

by existing charter conditioned upon the affirmative vote of the

voters and freeholders of such county, city or town in favor of

such subscription: provided, that such vote be had prior to July

first, nineteen hundred and three.

SEC. 186. All taxes, licenses, and other revenue of the State,

shall be collected by its proper officers and paid into the state

treasury. No money shall be paid out of the state treasury except

in pursuance of appropriations made by law; and no such

appropriation shall be made which is payable more than two years

after the end of the session of the General Assembly, at which the

law is enacted authorizing the same; and no appropriation shall be

made for the payment of any debt or obligation created in the name

of the State during the war between the Confederate States and the

United States. Nor shall any county, city, or town pay any debt or

obligation created by such county, city, or town in aid of said

war.

SEC. 187. The General Assembly shall provide and maintain a

sinking fund in accordance with the provisions of section Ten of

the act, approved February the twentieth, eighteen hundred and

ninety-two, entitled "an act to provide for the settlement of the

public debt of Virginia not funded under the provisions of an act

entitled an act to ascertain and declare Virginia's equitable

share of the debt created before, and actually existing at the

time of the partition of her territory and resources, and to

provide for the issuance of bonds covering the same, and the

regular and prompt payment of the interest theron, approved

February the fourteenth, eighteen hundred and eighty-two." Every

law hereafter enacted by the General Assembly, creating a debt or

authorizing a loan, shall provide for the creation and maintenance

of a sinking fund for the payment or redemption of the same.

SEC. 188. No other or greater amount of tax or revenue shall, at

any time, be levied than may be required for the necessary

expenses of the government, or to pay the indebtedness of the

State.

SEC. 189. On all lands and the improvements thereon, and on all

tangible personal property, not exempt from taxation by the

provision of this article, the rate of state taxation shall be

twenty cents on every hundred dollars of the assessed value

thereof, the proceeds of which shall be applied to the expenses of

the government and the indebtedness of the State, and a further

tax of ten cents on every hundred dollars of the assessed value

thereof, which shall be applied to the support of the public free

schools of the State: provided, that after the first day of

January, nineteen hundred and seven, the tax rate upon said real

and personal property, for such purposes shall be prescribed by

law. But the General Assembly during such period of four years, in

addition to making annually an appropriation for pensions not to

exceed the last appropriation made for such purpose prior to

September the thirtieth, nineteen hundred and one, may levy

annually, a special tax for pensions, on such real and personal

property of not exceeding five cents on the hundred dollars of the

assessed value therof.

ARTICLE XIV.

MISCELLANEOUS PROVISIONS.

HOMESTEAD AND OTHER EXEMPTIONS.

SEC. 190. Every householder or head of a family shall be entitled,

in addition to the articles now exempt from levy or distress for

rent, to hold exempt from levy, seizure, garnishment, or sale

under any execution, order, or other process issued on any demand

for a debt hereafter contracted, his real and personal property,

or either, including money and debts due him, to the value of not

exceeding two thousand dollars, to be selected by him: provided,

that such exemption shall not extend to any execution, order, or

other process issued on any demand in the following cases:

First. For the purchase price of said property, or any part

thereof. If the property purchased, and not paid for, be exchanged

for, or converted into, other property by the debtor, such last-

named property shall not be exempted from the payment of such

unpaid purchase money under the provisions of this article;

Second. For services rendered by a laboring person or mechanic;

Third. For liabilities incurred by any public officer, or officer

of a court, or any fiduciary, or any attorney-at-law for money

collected;

Fourth. For a lawful claim for any taxes, levies, or assessments

accruing after the first day of June, eighteen hundred and sixty-

six;

Fifth. For rent;

Sixth. For the legal or taxable fees of any public officer or

officer of a court.

SEC. 191. The said exemption shall not be claimed or held in a

shifting stock of merchandise, or in any property, the conveyance

of which by the homestead claimant has been set aside on the

ground of fraud or want of consideration.

SEC. 192. The General Assembly shall prescribe the manner and the

conditions on which a householder or head of a family shall set

apart and hold for himself and family a homestead in any of the

property hereinbefore mentioned. But this section shall not be

construed as authorizing the General Assembly to defeat or impair

the benefits intended to be conferred by the provisions of this

article.

SEC. 193. Nothing contained in this article shall invalidate any

homestead exemption heretofore claimed under the provisions of the

former Constitution; or impair in any manner the right of any

householder or head of a family existing at the time that this

Constitution goes into effect, to select the exemption, or any

part thereof, to which he was entitled under the former

Constitution; provided that such right, if hereafter exercised, be

not in conflict with the exemptions set forth in sections One

Hundred and Ninety and One Hundred and Ninety-one. But no person

who has selected and received the full exemption allowed by the

former Constitution shall be entitled to select an additional

exemption under this Constitution; and no person who has selected

and received part of the exemption allowed by the former

Constitution shall be entitled to select an additional exemption

beyond the difference between the value of such part and a total

valuation of two thousand dollars. So far as necessary to

accomplish the purposes of this section the provisions of chapter

One Hundred and Seventy-eight of the Code of Virginia, and the

acts amendatory thereof, shall remain in force until repealed by

the General Assembly. The provisions of this article shall be

liberally construed.

SEC. 194. The General Assembly is hereby prohibited from passing

any law staying the collection of debts, commonly known as "stay

laws"; but this section shall not be construed as prohibiting any

legislation which the General Assembly may deem necessary to fully

carry out the provisions of this article.

HEIRS OF PROPERTY.

SEC. 195. The children of parents, one or both of whom were slaves

at and during the period of cohabitation, and who were recognized

by the father as his children, and whose mother was recognized by

such father as his wife, and was cohabited with as such, shall be

as capable of inheriting any estate whereof such father may have

died seized, or possessed, or to which he was entitled, as though

they had been born in lawful wedlock.

ARTICLE XV.

FUTURE CHANGES IN THE CONSTITUTION.

SEC. 196. Any amendment or amendments to the Constitution may be

proposed in the Senate or House of Delegates, and if the same

shall be agreed it by a majority of the members elected to each of

the two houses, such proposed amendment or amendments shall be

entered on their journals, with the ayes and noes taken thereon,

and referred to the General Assembly at its first regular session

held after the next general election of members of the House of

Delegates, and shall be published for three months previous to the

time of such election. If, at such regular session the proposed

amendment or amendments shall be agreed to by a majority of all

the members elected to each house, then it shall be the duty of

the General Assembly to submit such proposed amendment or

amendments to the people, in such manner and at such times as it

shall prescribe; and if the people shall approve and ratify such

amendment or amendments by a majority of the electors, qualified

to vote for members of the General Assembly, noting thereon, such

Amendment or amendments shall become part of the Constitution.

SEC. 197. At such time as the General Assembly may provide, a

majority of the members elected to each house being recorded in

the affirmative, the question, "shall there be a convention to

revise the Constitution and amend the same?" shall be submitted to

the electors qualified to vote for members of the General

Assembly; and in case a majority of the electors so qualified,

voting thereon, shall vote in favor of a convention for such

purpose, the General Assembly, at its next session, shall provide

for the election of delegates to such convention; and no

convention for such purpose shall be otherwise called.

SCHEDULE.

That no inconvenience may arise from the adoption of this

Constitution, and in order to provide for carrying it into

complete operation, it is hereby ordained that:

SECTION 1. The common law and the statute laws in force at the

time this Constitution goes into effect, so far as not repugnant

thereto or repealed thereby, shall remain in force until they

expire by their own limitation, or are altered or repealed by the

General Assembly.

SEC. 2. All ordinances adopted by this Contention and appended to

the official original draft of the Constitution delivered to the

Secretary of the Commonwealth shall have the same force and

effect, as if they were parts of this Constitution.

SEC. 3. Except as modified by this Constitution, all writs,

actions and causes of action, prosecutions, lights of individuals,

of bodies corporate or politic, and of the State, shall continue.

All legal proceedings, civil and criminal, pending at the time

this Constitution goes into effect, or instituted prior to the

first day of February, nineteen hundred and four, in any county or

circuit court as now existing, shall be prosecuted therein:

provided, that all such matters, which are not finally terminated

before the day last above mentioned, shall, on that date, by

operation of this Constitution and Schedule, be transferred to the

circuit court of the county or city created under this

Constitution, and shall be proceeded with therein. All such

matters pending in the city courts, preserved by this

Constitution, when the same goes into effect, or thereafter

instituted therein, shall continue in said courts, and be therein

proceeded with, until otherwise provided by law. All matters

before justices of the peace or police justices at the time this

Constitution goes into effect, shall be proceeded with before

them, until otherwise provided by law. All legal proceedings

prosecuted after this Constitution goes into effect, whether in

any of the courts now existing, or in those created by this

Constitution, shall be proceeded with in the manner now or

hereafter provided by law, except as otherwise required by this

Constitution.

SEC. 4. All taxes, fines, penalties, forfeitures and escheats,

accrued or accruing to the Commonwealth, or to any political

subdivision thereof, under the present Constitution, or under the

laws now in force, shall, under this Constitution, enure to the

use of the Commonwealth, or of such subdivision thereof

SEC 5 All recognizances, and other obligations, and all other

instruments entered into or executed before the adoption of this

Constitution, or before the complete organization of the

departments thereunder, to the Commonwealth, or to any county, or

political subdivision thereof, city, town board, or other public

corporation, or institution therein, or to any public officer,

shall remain binding and valid, and rights and liabilities

thereunder shall continue and may be enforced or prosecuted in the

courts of this State as now or here after provided by law

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