Tangible personal property situate within a state may be taxed there without regard to the residence of the owner; People v. Ogdensburgh, 48 N. Y. 390; Maltby v. R. Co., 52 Pa. 140 ; and the real estate of a non resident may be taxed where it is situated; Witherspoon v. Duncan, 4 Wall. (U. S.) 210, 18 L. Ed. 339; Turner v. Burlington, 16 Mass. 208.
It is the general rule to assess personalty to the owner where he has his domicil ; Barnes v. Woodbury, 17 Nev. 383, 30 Pac. 1068; and sometimes, wherever it may be located in the state, either to the owner, his agent, or person having charge of it, wheth er the owner is a resident or not ; Shriver v. Pittsburg, 66 Pa. 446 ; Boardman v. Tomp kins Co., 85 N. Y. 359 ; and this rule is some times applicable to choses in action; State v. Howard Co. Court, 69 Mo. 454; see infra; vessels are usually assessed at the port where registered; People v. New York County, 58 N. Y. 242; ferryboats, where owned; Mobile v. Baldwin, 57 Ala. 62, 29 Am. Rep. 712; prop erty in a partnership, usually where the business is carried on ; Fairbanks v. Kitt redge, 24 Vt. 9; and where one carries on a business at a place other than his domicil, it is held to be proper to assess the prop erty to one in charge of the business; Dan ville B. & T. Co. v. Parks, 88 Ill. 170. Per sonalty in the hands of a trustee is assessed to him at his domicil; State v. Matthews, 10 Ohio St. 431; but sometimes to the benefi ciary, if a resident of the state ; Davis v. Macy, 124 Mass. 193; and if the fund is in charge of a court, in the jurisdiction in which it is controlled ; State v. Jones, 39 N. J. L. 653. The personalty of a decedent is sometimes assessed to the estate at the place of situs, the decedent was a non resident, or at his last domicil, if a resident; McGregor's Ex'rs v. Vanpel, 24 la. 436; and sometimes to the personal representa tive at his domicil ; State v. Jones, 39 N. J. L. 650; and continues to be so assessed until distributed; Herrick v. Big Rapids, 53 Mich. 554, 19 N. W. 182.
Movables brought into a taxing district after the beginning of the tax year are as sessable; and so when brought from one dis trict to another, if not previously, for that year, assessed in the former district ; Ham mond L. Co. v. Smart, 129 La. 945, 57 South. 277, 38 L. R. A. (N. S.) 856; contra, Wangler
Bros. v. Black Hawk Co., 56 Ia. 384, 9 N. W. 314; Johnson v. Lyon, 106 Ill. 64 ; see note in 38 L. R. A. (N. S.) 856.
The personalty of persons under guardian ship is sometimes assessed where the ward has his domicil; West Chester School Dist. v. Darlington, 38 Pa. 157; or to the guardi an; Louisville v. Sherley, 80 Ky. 71; and this would probably be the rule if the guardi an, living in the state, had possession of the property, and the ward were a non-resident; West Chester School Dist. v. Darlington, 38 Pa. 157.
The state may give stock, held by individ uals, any situs for the purpose of taxation; American Coal Co. v. Allegany County, 59 Md. 185; and it may provide that the shares of stockholders shall be assessed at the place of corporate and the tax paid by the corporation for its members; Balti more v. Ry. Co., 57 Md. 31.
Bank bills and municipal bonds are sub ject to taxation where found; and so of notes and mortgages; New Orleans v. Stem pel, 175 U. S. 309, 20 Sup. Ct. 110, 44 L. Ed. 174.
As to foreign-held bonds, "the power of taxation of a state is limited to persons, property, and business within her jurisdic tion ; all taxation must relate to one of these subjects." "Bonds issued by a rail road company are property in the hands of the holders, and when held by non-residents of the state in which the company was incor porated, they are property beyond the ju risdiction of the state." Cleveland, P. & A. R. Co. v. Pennsylvania, 15 Wall. (U. S.) 300, 21 L. Ed. 179.
Where an act directs a corporation to re tain a percentage of interest due on its indebtedness and to pay it to the state, it is a tax on the bondholder; Bell's Gap R. Co. v. Pennsylvania, 134 U. S. 232, 10 Sup. Ct. 533, 33 L. Ed. 892 ; an act which directs employers of aliens to retain a certain sum from their daily wages and pay it to the state is a tax on the alien and void; Fraser v. McConway & Co., 82 Fed. 257. _ In a line of cases, the supreme court has held that notes, bonds, and mortgages may acquire a situs at the place where they are held; New Orleans v. Stempel, 175 U. S. 309, 20 Sup. Ct. 110, 44 L. Ed. 174; Black stone v. Miller, 188 U. S. 189, 23 Sup. Ct. 277, 47 L. Ed. 439 ; Scottish U. & N. Ins. Co. v. Rowland, 196 U. S. 611, 25 Sup. Ct. 345, 49 L. Ed. 619.