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state for state and local purposes, upon their capital stock, franchises and earnings, for the period of fifteen years. Laws 1881, chap. 433, § 1.

$356. Gas-light companies' personal property.

Authority is conferred upon municipal authorities where a gas-light company erects buildings, lays down mains, etc., to supply gas to the public, to exempt the personal property of such new company from taxation for a period not to exceed three years, from the organization of such corporation. Laws 1848, chap. 37, § 18, as amended by Laws 1871, chap. 95.

§ 357. Railroad aid bonds of cities, villages and towns.

All new bonds issued by any village, city, town or county in this state, under the provisions of this act, shall be exempt from taxation for town, county, municipal or state purposes until the period when they are made payable. Laws 1881, chap. 522, § 3.

The bonds here referred to are new bonds that may be issued by such municipal corporations to take up bonds theretofore issued by such corporation in aid of railroads.

§ 358. Bonds and stocks of New York City.

Bonds and stocks issued by the City of New York may be exempted from taxation except for state purposes. Laws 1880, chap. 552.

§ 359. Bonds, etc., sent to this state for collection.

When any bond, mortgage, note, contract, account or other demand, belonging to any person not being a resident of this state, shall be sent to this state for collection or shall be deposited in this state for the same purpose, such property shall be exempt from taxation; and nothing contained in this chapter shall be construed to render any agent of such owner liable to be assessed or taxed for such property; but every such agent shall be entitled to have any such property deducted from his assessment, upon making affidavit before the Assessors at the time appointed by them for reviewing their assessments, that such property belongs to a non-resident owner, and there

in specifying his name and residence. 2 R. S. (8th ed.) 1160, § 3.

This section is not affected by Laws 1855, chap. 37, which subjects to taxation the capital of non-residents, invested in business in this state. Williams v. Supervisors of Wayne Co., 78 N. Y. 561.

§ 360. Deposits in savings banks, etc.

The deposits in any bank for savings which are due to depositors, and the accumulation in any life insurance company organized under the laws of this state, so far as the said accumulations are held for the exclusive benefit of the assured, shall not be liable to taxation, other than the real estate and stocks which may be owned by such bank or company and which are now liable to taxation under the laws of the state. Laws 1857, chap. 456, § 4; 2 R. S. (8th ed.) 1087.

$361. Owner of stocks.

The owner or holder of stock in any incorporated company liable to taxation on its capital, shall not be taxed as an individual, for such stock. 2 R. S. (8th ed.) 1084, § 7.

362. Interest of resident partner in business in another state. After the death of a partner residing in this state, but whose business is conducted in another state, and before an accounting of the partnership to ascertain what the interest of his estate is, it is improper to assess such interest. People v. Coleman, 44 Hun, 20.

§ 363. Goods of non-residents sent here for sale.

The goods of a non-resident owner, sent to this state for the purpose of sale, without re-investment of the proceeds, are not liable to taxation under chap. 37, Laws 1855, 1. People v. Commissioners of Taxes, 23 N. Y. 242. $364. Property of a resident, located in another state.

Personal property of a citizen residing in this state, but which is actually situated in another state or country is not taxable here. Hoyt v. Commissioner of Taxes, 2 N. Y. 224.

CHAPTER XI.

OF THE ASSESSMENT OF PROPERTY FOR TAXATION-WHEN AND WHERE

ASSESSABLE.

$ 365. Lands, where taxable.

§ 366. Residence established, continues.

§ 367. Real estate of corporations, where taxed.

$368. Plank and turnpike roads.

369. Bridge companies.

370. Toll bridge companies.

§371. Railroad companies.

§ 372. Manufacturing corporation

$373. Lands occupied by persons other than the owner.

374. Lands occupied by Indians

$375. Taxes deemed assessed on lands exclusively. §376. Railroad companies are not non-residents.

§ 377. Non-resident lands.

378. Lands divided by town, county or ward lines.

$379. Where boundary lines between towns pass through dwelling

house.

PERSONAL PROPERTY.

$380. Personal estate, where taxable.

381. Jurisdictional facts.

§382. Debts and obligations owing to residents, where taxable.

$383. Residence once established continues.

$384. Residence, what constitutes it.

385. Persons having two or more residences.

$386. Property of resident owner, in hands of agent resident in an

other county.

387. Property of resident, situated in another state.

388. Non-resident owner.

389. Committee of lunatic.

$390. Agents in this state.

$391. Court officers.

392. Ships at sea.

§393. Personal property of corporations.

§ 394. Foreign corporations.

$395. Domestic corporations.

§ 396. Toll bridges.

DEBTS OWING NON-RESIDENT CREDITORS.

§ 397. Debts owing non-resident creditors for real estate.
§ 398. Agents of such creditors to report to County Treasurer.

§ 399. Penalty for neglect to report.

§ 400. Abstract of report to be sent Assessors.

§ 401. Name and amount entered on roll.

§ 402. Unpaid taxes thereon, how collected.

$403. What warrant therefor shall contain.

404. Such warrant a lien and enforcible like an execution. 405. Remedies against Sheriff for neglect.

$406. Return of warrant and proceedings thereon.

§ 407. Assessor's and Treasurer's expenses, how paid. 408. Decisions under last 11 sections.

$409. Assessment of rents.

410. Rents to be assessed as personal estate.

§ 411. Rents, how assessed and assessments reduced.

PLACE WHERE AND TO WHOM ASSESSABLE.

REAL ESTATE.

§ 365. Lands, where taxable.

Every person shall be assessed in the town or ward where he resides when the assessment is made, for all lands then owned by him within such town or ward, and occupied by him, or wholly unoccupied. 1 R. S. 389, §1; 2 R. S. (8th ed.) 1094.

-Held by trustees.

Where lands are own ed by a person as trustee, they must be assessed to him, with the addition to his name of his representative character. Trowbridge v. Horan, 78 N. Y. 439.

To an estate. It is irregular and unauthorized to make an assessment to an estate.

Ibid.

Neither owner nor occupant. An assessment of land to a person who was neither the owner nor occupant is void. Whitney v. Thomas, 23 N. Y. 281; Dubois v. Webster, 7 Hun, 371.

Name of non-resident not to be used. Assessors who enter upon their assessment roll as liable to be assessed, the name of a person not a resident of their town or ward,

at the time the assessment is made, act without jurisdiction. Mygatt v. Washburn, 15 N. Y. 316.

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Assessments, when deemed made. The words of the statute at the time the assessment is made," relate to the binding and conclusive act of the Board of Assessors, which designates the tax-payers and the amount of taxable property. Ibid.

Buildings to one and land to another. Parties may, by contract, so regulate their respective interests in real estate, so that one may be the owner of the building and the other of the land. People v. Board of Assessors of Brooklyn, 93 N. Y. 308; People v. Commissioners of Taxes, 80 N. Y. 573.

In such case each interest may be assessed to its owner, and an assessment of the buildings as real estate is proper. Ibid.; Ibid.

Where a lessee is the owner of the buildings upon the demised premises, the fact that the lessor has, by the lease, a right of re-entry in case of non-performance by the lessee, does not affect his present right in the buildings, nor the right to assess them to him. People v. Board of Assessors, 93 N. Y. 308.

Elevated railways. So in the case of elevated railroads the fee of the soil upon which the columns rest may be assessed to the owner thereof, and the columns and superstructure to the railroad company. People v. Commissioners of Taxes, 82 N. Y. 459.

Piers. And in case of piers erected upon the land of another, the pier must be assessed to the owner thereof, although such owner does not own the land upon which it is constructed. Smith v. Mayor, etc., of N. Y, 86 N. Y. 552.

§ 366. Residence once established is presumed to continue. When a person shall have acquired a residence in any town, village or ward in this state, and shall have been

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