of said company, of whatever nature, shall be assessed, and the president or other proper officer thereof shall pay to the Treas urer the tax due upon said property and assets, at the time aforesaid, and also to the collector of the county or city, the amount of all taxes due on said property and assets to said county or city.

1904, art. 81, sec. 89. 1888, art. S1, sec. 86. 1860, art. 81, sec. 95. 1847, ch. 266, sec. 8. 1874, ch. 483, sec. S5. 1888, ch. 242.

91. Every savings bank, institution or corporation organized for receiving deposits of money and paying interest thereon shall pay, annually, a franchise tax, to the amount of onefourth of one per centum on the total amount of deposits held by such savings bank, institution or corporation, and it shall be the duty of its president, treasurer or other proper officer of every such savings bank, institution or corporation, on or before the first day of May, in each year, to report, under oath, to the State Tax Commissioner the total amount of deposits held by such savings bank, institution or corporation, on the preceding first day of January; the State Tax Commissioner shall, on or before the first day of June following, calculate the amount of franchise tax to be paid by the said savings bank, institution or corporation, at the rate hereinbefore mentioned, and shall apportion one-fourth of the same to be paid to the Treasurer of Maryland, for the State tax, and the other three-fourths of the same to the county in which such savings bank, institution or corporation is situate, or to the City of Baltimore, if such savings bank, institution or corporation be situate in said city, and shall certify the said amount due to the State, to the Comptroller of the Treasury, to be collected as other State taxes, and the amount due to the counties in which such savings banks, institutions or corporations are sev erally situate, to the County Commissioners for such counties, respectively, and the amount due to the City of Baltimore, to the Appeal Tax Court of such city, to be collected as other county and city tax due from corporations are collected; and such franchise taxes, as so apportioned, shall be due and payable, respectively, as other State, county and city taxes are due and payable by law, and, if unpaid, shall be in arrear, and

shall bear interest as other such taxes; and no other tax shall be laid on such bank, institution or corporation, in respect to such deposits, but the real property of any such savings bank, institution or corporation shall be liable to assessment and taxation as other real property belonging to other corporations in this State. Any president, treasurer or other proper officer whose duty it is, by the terms of this section, to make the report herein required, who shall make a false report with intent to avoid taxation, or who shall fail, neglect or refuse to make such report, shall be subject to indictment therefor, and if convicted, shall be fined not less than fifty dollars nor more than five hundred dollars, in the discretion of the Court having jurisdiction in such case.*

1904, art. 1, sec. 90. 1890, ch. 491, sec. 86A.

92. Nothing in Section 91 relating to savings banks, or savings institutions or corporations shall be construed as granting exemption from taxation to the shares of any bank or any other corporation, or to any other property taxable under the laws of this State, by reason of or on account of its ownership by a savings bank, institution or corporation of this State.

93. This section is not herein stated for the reason that the Court of Appeals in State vs. German Savings Bank, 103 Md. 196, and the Fidelity Bank vs. State, 103 Md. 207, declared it to be unconstitutional; the same being Act 1904, Chapter 212, Section 86.

1904, art. 81, sec. 92. 1888, art. 81, sec. 88. 1884, ch. 234.

94. All bonds and certificates of debt bearing interest, issued by any railroad corporation or other corporation of this State, secured by mortgage of property wholly within this State, shall be subject to assessment and taxation to the owner or owners thereof in the same manner as like bonds or certificates of debt bearing interest and secured by mortgage of property partly in this State and partly in some other State or States are now subject under the laws of this State; and it shall be the duty of the County Commissioners of the several counties and the Ap

* State vs. German Savings Bank, 103 Md. 196. Fidelity Bank vs. State, 103 Md. 206.

peal Tax Court of Baltimore City to assess all such bonds or certificates of debt to the owner or owners thereof resident in their several counties, or in the City of Baltimore, respectively.*

Ibid, sec. 93. 1890, ch. 244, sec. 88A.

95. If any corporation of this State from which State taxes shall be due and payable on the assessed value of its shares of capital stock shall fail or neglect to pay the same to the Treas urer of the State before the first day of November of the year for which such taxes have been assessed and levied, such corporation shall for such failure and neglect forfeit and pay to the State an additional amount of five per centum as vena'ty or damages, to be added to the State taxes so due and unpaid. and it shall be the duty of the Comptroller to add the said penalty or damages to the said account, and forthwith to make out said account and certify the same under the seal of his office, and to cause suit to be brought for such State taxes and such penalty or damages in the Circuit Court for the county in which the principal office of said corporation is located, or in the Superior Court of Baltimore City, or the Court of Common Pleas, if the principal office of such corporation be located in said city, and the said suit shall stand for trial at the first term after service of the writ shall have been made on such corporations; and service of the writ aforesaid on any officer of such corporation shall be deemed and taken as a sufficient service on such corporation.†

1904, art. 81, sec. 94. 1890, ch. 244, sec. SSB.

96. If upon the return of the writ issued against such corporation, the said corporation, being duly summoned as aforesaid, shall fail to appear by attorney or agent upon the first call of the docket, it shall be the duty of the Court to cause the personal appearance of the said corporation to be entered, and the cause shall stand for trial or hearing and judgment shall be rendered as if said corporation had appeared by attorney, and if such corporation shall appear by attorney or

* See section 214 of this Article, and Consolidated Gas Co., 101 Md. 541; Consolidated Gas Co. vs. Baltimore, 105 Md. 43.

† See general note to this Article, and also sections 88A to 88F of Article 23.

agent and either party shall desire a trial by jury, it shall be the duty of the Court to cause the issues to be framed and a jury to be empaneled for the trial thereof, and if the verdict of the jury shall be for the State, judgment shall be entered without stay for the amount of the State taxes so due as aforesaid, and for five per cent. additional as damages with interest and costs, and a fee of ten dollars shall be allowed the attorney for the State, to be fixed in the plaintiff's costs in said suit, and execution shall be issued on such judgment if the same be not paid into the treasury within twenty days after the rendition thereof.

Ibid, sec. 95. 1890, ch. 214, sec. 88c.

97. The certificate of the Comptroller under seal, of the amount of such State taxes so due as aforesaid, and of such penalty or damages, shall be prima facie evidence to entitle the State to judgment for said penalty or damages in every case in which such State taxes shall be so in arrear and unpaid and for which such suit is so brought as aforesaid.

Ibid, sec. 96. 1890, ch. 241, sec. 88D.

98. The Comptroller of the Treasury may select any attorney in whom he may have confidence to bring suit and conduct the same to judgment and execution; but such attorney shall have no power to receive or receipt for the money so due the State, and no acquittance shall be good to discharge any such corporation from such taxes but the receipt of the State Treasurer for such amount so due as aforesaid, or the proper officer to whom execution may be issued on such judgment as aforesaid; if any such attorney or person other than the State Treasurer or the proper officer to whom execution may issue on such judgment shall presume in any such case to receive and give receipt for such amount so due the State, such attorney or other person shall be guilty of a misdemeanor, and shall upon conviction be fined double the amount so received and receipted for, and shall stand committed until such fine and the costs thereon are fully paid.

1904, art. 81, sec. 97. 1890, ch. 244, sec. 88E.

99. If after suit brought and judgment rendered as aforesaid, any such corporation shall still continue in arrear and

shall fail or neglect to pay its State taxes so due as aforesaid, for the space of two years after the same shall be in arrears, such failure and neglect shall be deemed to amount to and shall constitute a forfeiture of the charter of such corporation and such charter shall be decreed to be so forfeited and annulled ipso facto.

Bonus Tax on Capital Stock.

Ibid, sec. 98. 1890, ch. 536. sec. SSA. 1894, ch. 114. sec. 88F. 100. Every corporation incorporated after the twenty-first day of March, 1894, under any general or special law of this State, except cemetery companies, companies created for purely benevolent and charitable purposes, railroad companies and building or homestead associations incorporated under Article twenty-three of the Code of Public General Laws of 1904, title "Corporations," subtitle "Provisions for the Formation of Corporations," Section 20 (class 5), shall pay to the State Treasurer for the use of the State a bonus of one-eighth of one per centum upon the amount of capital stock which said company is authorized to have, and a like bonus upon the amount of any subsequent increase of capital stock the company is authorized to have; said bonus upon the original capital stock shall be due and payable upon the incorporation of said company, and upon the increase upon the recording of the certifi cate of such increase or the passage of any special act authorizing such increase; and no company as aforesaid which shall be incorporated after the 21st day of March, 1894, shall have or exercise any corporate powers until said bonus has been paid to the State Treasurer. Whenever any company of the character aforesaid, incorporated prior to said date, shall be author ized to increase its capital stock, it shall pay a tax of oneeighth of one per centum to the State Treasurer for the use of the State upon the amount of increase said company is authorized to have; said bonus shall be due and payable upon the recording of the certificate of increase authorized, or upon the passage of any special act authorizing such increase.*

* National Shutter Bar Co. vs. Zimmerman, 110 Md. 313. See Article 23, secs. 88A to 88F, as to the reduction of this tax upon ordinary business corporations fixed by the Act of 1914, ch. 324. See note to Article 23, sections 5 and 6, as to effect of failure to pay bonus tax.