Imágenes de páginas
PDF
EPUB

1904, art. 81, sec. 99. 1894, ch. 144, sec. 88G.

101. If any corporation or company from which said bonus shall be due shall fail or neglect to pay the same to the Treasurer of the State for the space of two months after the same has been due and payable as aforesaid, it shall be the duty of the Comptroller to make out said account against such corporation and certify the same under the seal of his office and transmit the same to some attorney in whom he has confidence and to cause suit to be brought for the recovery of said bonus; but no acquittance shall be good to discharge such corporation from such bonus but the receipt of the Treasurer of the State or the proper officer to whom execution on judgment may issue.

Ibid, sec. 100, 1894, ch. 144, sec. 88H.

102. Suit for the recovery of such bonus shall be brought in the county where the incorporation papers of such corporation are recorded or where the principal office of such company is located, or in the City of Baltimore if the incorporation papers of such company are there located, and the service of the writ of summons upon any officer or agent of such company, or upon any stockholder or incorporator in such company shall be deemed and taken as sufficient service on such corporation upon the return of the writ issued against such corporation; and such corporation being summoned as aforesaid, the.cause shall stand for trial or hearing according to the laws and the respective rules of courts of this State, and if judgment shall be rendered against such corporation a fee of ten dollars shall be allowed the attorney for the State to be taxed in the plaintiff's costs.

1904, art. 81, sec. 101. 1894, ch. 144, sec. 881.

103. If, after suit brought and judgment rendered as aforesaid, any corporation from which said bonus shall be due as aforesaid, shall continue in arrears and shall fail or neglect to pay said bonus to the State Treasurer, for the space of two years after the same shall be so in arrears, such failure and neglect shall be deemed to amount to and shall constitute a forfeiture of the charter of such corporation, and said charter shall be decreed to be so forfeited and annulled ipso facto;

and any and all corporate powers exercised by any such building or homestead association formed after January 1, 1890, and prior to the 21st day of March, 1894, are hereby given validity and full force.

1910, ch. 488, secs. 101A and 101в.

104. The clerk of the Superior Court of Baltimore City or the Circuit Court for the county in which the charter is recorded of any corporation liable for the payment of the bonus tax under Section 103, is hereby directed to record, among such charter records, any receipts for the payment of any bonus tax given to a corporation whose charter is recorded among such records, and a duly certified copy of such records shall be prima facie evidence of the payment of such tax on the date of such receipt. The clerk of the court is authorized to charge fifty cents for the recording of each receipt and the usual rate for the giving of a certified copy thereof, and is directed to index the recording of such certificate among such charter records under the name of the corporation.

1904, art. 81, sec. 102. 1894, ch. 144. sec. 88J.

105. The certificate of the Comptroller, under the seal of his office, shall be prima facie evidence of the amount of bonus due as aforesaid, to entitle the State to judgment for said bonus and costs of suit.

Ibid, sec. 103. 1894, ch. 114, sec. 2.

106. No corporation incorporated prior to the 21st day of March, 1894, shall in any manner be relieved or released from the payment of any bonus due and owing by it or which shall have become due and payable by it prior to such date under the provisions of Chapter 536 of the Acts of the General As sembly of Maryland of the year 1890, excepting, nevertheless, such classes of corporations as will be exempt from the operation of Sections 100, 101, 102, 103 and 105, which said classes of corporations heretofore formed shall be exempt from the operation of said five sections in like manner as such classes of corporations hereafter to be formed.

1916, ch. 648, sec. 106a.

106A. Payment by any corporation of the bonus tax to the Secretary of State, heretofore or hereafter made while the Act

of 1914, Chapter 789, was, or shall continue to be in force, and the payment by any corporation of the bonus tax heretofore made to the State Tax Commissioner of Maryland, or heretofore or hereafter made to the State Tax Commission of Maryland, shall, as far as the exercise of its corporate powers by any corporation is concerned, be deemed and taken as payment of said bonus tax to the State Treasurer.*

Assessment for State Taxes of Stock of Public and
Private Corporations.

Ibid. sec. 111. 1888, art. 81, sec. 96. 1860, art. 81, sec. 105. 1853, ch. 248, sec. 4. 1874, ch. 483, sec. 97. 1896, ch. 143, sec. 201,

114. The public debt of this State, stock loans of the City of Baltimore, the capital stock and bonds, certificates or other evidences of debt, bearing interest, issued by incorporated companies or institutions of this State, shall be assessed for purposes of State taxes as herein provided.†

Assessment of Corporate Stock Owned by Non-Residents. 1904, art. 81, sec. 147. 1888, art. 81, sec. 131. 1852, ch. 337, sec. 17. 1866, ch. 157, sec. 14. 1874, ch. 483, sec. 142.

150. For the purpose of valuing the stock of banking and other private corporations held by non-resident stockholders, it is hereby declared and understood that the stock of banking, insurance or other corporations usually termed moneyed institutions is situate at the place at which the principal office for the transacting the business of such corporation is situated; the stock of a turnpike, railroad, steamboat, canal or other improvement corporation is situate at the place where its principal office for the transaction of business shall be established, if the said office be within the limits of this State, and shall be so assessed, and if not, then the assessable property of such corporation shall be valued and assessed in the county or counties in which said property is situate, and in the City of Baltimore so far as it is situate in said city; and the stock of mining, manufacturing and other like corporations situate at

Sections 107 to 113, inclusive, are not applicable. See Baltimore vs. State, 105 Md. 6.

† See general note on Article entitled "Revenue and Taxes," and sections 4A and 214 of this Article. Sections 115 to 149, inclusive, are not applicable.

the place where the works of such corporation, or the greater part of their operations, respectively, shall be conducted, shall be assessed in like manner in the county or city where such works are situate.*

State Tax Commissioner†

Ibid, sec. 148. 1888, art. 81, sec. 143. 1874, ch. 483, sec. 145.
1878, ch. 178.

151. There shall be in the Treasury Department a tax commissioner of the State, to be appointed by the Governor, Comptroller and Treasurer, or a majority of them, who shall take the oath prescribed by the Constitution and shall hold his office for four years from the date of his qualification, and until the appointment and qualification of his successor, and shall receive a salary of twenty-five hundred dollars per annum, and such necessary traveling expenses (not exceeding eight hundred dollars in any one year) as may be audited by the Comptroller, who shall issue his warrant for the payment of the same when allowed. The State Tax Commissioner shall on or before the fifteenth day of May in each year, assess for State purposes the shares of capital stock in all banks, State or national, banking associations or other incorporated institutions or companies incorporated under the authority of this State, or located or doing business therein, whose shares of capital stock are liable to assessment and taxation by the laws of this State; he is authorized and empowered to examine upon oath any officer of the same touching the affairs thereof, or to examine upon oath any other person as a witness who he may be advised has important information in regard to the value of such shares of capital stock; and any such officer refusing to answer upon oath touching the affairs of such bank, banking association or company, of which he is an officer, shall, on indictment and conviction thereof, be fined not less than five hundred dollars; he shall report the assessment of such shares of capital stock

* Corry vs. Baltimore, 96 Md. 310.

The office of State Tax Commissioner was abolished by the Act of 1914, ch. 841, codified in part as sections 233 and 244, inclusive, and in part inserted herein as sections 245 and 246 of this Article. The powers and duties of the State Tax Commissioner were transferred to the State Tax Commission. See general note to this Article.

to the Comptroller, and said assessment shall be subject to appeal and revision, as hereafter provided in Section 165 of this article; he shall report the amount of the basis of assessment for State purposes in the several counties and City of Baltimore, with his suggestions in regard to the same, to the General Assembly at each regular session thereof, and shall perform such other duties as may be prescribed by law.

1904, art. 81, sec. 149. 1902, ch. 236, sec. 132A, 1904, ch. 368.

152. The State Tax Commissioner may employ one clerk, whose compensation shall be $1,800 per annum; one assistant clerk, whose compensation shall be $1,500 per annum, and one whose compensation shall be $1,200 per annum.

Ibid. sec. 150.

1888, art. 81, sec. 133. 1874, ch. 483, sec. 146. 1878, ch. 78. 1880, ch. 20. 1902, ch. 417.

153. The president, cashier or other chief officers of any bank or banking association, State or national, or other incorporated institution, located and doing business in this State, shall by the fifteenth day of March in each year report to the State Tax Commissioner a true and correct statement of the number of shares of capital stock in such bank or banking association, or other incorporated institution of which he is president, cashier or chief officer, and the par value of each share, with such information in regard to the value of the same as may be required by the said commissioner, and may be in possession of such officer as of the first day of January of each year, and the commissioner shall annually by the fifteenth day of May in each year assess the said shares as hereinafter provided as of the first day of January next preceding, and levy the State taxes prescribed by law upon the same; and it shall be the duty of the said president, cashier or other chief officer on or before the first day of January next succeeding to pay to the Treasurer of the State the State tax on said shares of the capital stock of such bank or banking association or other incorporated institution of which he is president, cashier or other chief officer as aforesaid.*

State Tax Commissioner is the one to make the levy, although State Comptroller has been also authorized to do so. Union Trust Co. vs. State, 116 Md. 368.

« AnteriorContinuar »