34. _n:1>EnAL_B.mPOBTmR. _ ,
follows." The first and third clauses of this section, providing for
the taxation of stock in trade in the place in which it is employed,
and of horses and cattle in the place in which they are kept, other
than where the owners reside, carefully adds the words “whether such
owners reside within or withoutthis state." The second clause of the
same section, which contains no such words, but which directs "all
machinery employed in any branch of manufactures, and belonging
to a person or corporation, " to be assessed where it is situated or
employed, and thevalue of such machinery owned by corporations to
be deducted from the value of the shares, before assessing a tax on
these to the stockholders, has been adjudged to have no application
to a corporation established in another state. Blackstone Manufg Oo.
V v. Blackstone, 13 Gray, 488; Dwight v. Boston, 12 Allen, 316. Inthe
c·ase of personal property of persons under guardianship, provision is
made by the fourth clause for taxing itat the home ofthe ward, and
. if that is without the state, then to the guardian at his own home,-
clearly implying that when both reside abroad the property is not tax-
\_ able in this state, even if situatedhere. S0, by the nfth clause, per-
_ sonal property held in trust by an executor, administrator, or trustee,
, the income of which is payable to another person, can only be taxed
at the residence of the trustee or at the residence of the cestui que
trust; if both reside within the state, to the trustee at the residence _
of the cestui que trust; if only one of them resides within the state, to
‘ that one in the place where he resides. See, also, Hardy v. Yarmouth,
6 Allen, 277. W
. The seventh clause of Gen. St. c. 11, § 12, provides as follows:
•• The personal estate of deceased persons shall be ass_essed in the place
where the deceased last dwelt. After the appointment of an executor or ad-
ministrator, it shall be assessed to such executor or administrator until he
gives notice to the assessors that the estate has been distributed and paid over
to the parties interested therein. Before such appointment, it shall be assessed
in general terms to the estate of the deceased."
And by the further provisions of this clause, and of section 20 of
chapter 12, (under which this action is brought,) the executor or
· administrator is liable, in an action of contract, as well for the taxes
so assessed before his appointment,as for those assessed upon him
afterwards. By the statute of 1878, c. 189, § 2, personal property
held by an executor or administrator is taxable according to the pro-
visions of Gen. St. c; 11, § 12, cl. 7, for the space of three years after
his appointment, unless it has been distributed, and notice of its dis-·
tribution has been given to the assessors, "stating the names, resi-