1868 REVENUE AND TAXES. [ART. 81

credit be allowed in any case where the officer making such return for
such corporation shall fail to state in such return that said investments
are owned by the corporation of which he is such officer, and are not
held by such corporation as a security for any loan or as a collateral
security for any payment or other purpose.*

The tax commissioner is not required by this section to deduct the amount
of Baltimore city stock held by a bank or other corporation from its assess-
ment under section 162, since that would exempt such stock from taxation,
and thus create inequality of taxation. System of corporate taxation in
Maryland. Real estate owned by a corporation is taxed as real estate owned
by an individual—see section 162. Remedy in case of an unlawful assess-
ment by the tax commissioner. When the tax commissioner is only a minis-
terial officer. Parties. Schley v. Lee, 106 Md. 394; Schley v. Montgomery
County, 106 Md. 412. (Both cases decided prior to the act of 1908, ch. 124).
As to when the tax commissioner is only a ministerial officer, see also,
Baltimore v. Canton Co., 63 Md. 233. As to the remedy in case of an unlaw-
ful assessment, see also, notes to section 158.

1904, art. 81, sec. 161. 1888, art 81, sec. 143. 1882, ch. 342.
164. The president, or other proper officers of every corporation act-
ually engaged in the business of manufacturing in the city of Baltimore,
or in any county where the tools and machinery of manufacturers have
been exempted from county taxation, in addition to the return provided
to be made by the preceding section, shall furnish to the appeal tax
court of Baltimore city, or to the county commissioners of such county,
a true statement of the mechanical tools, whether worked by hand or by
steam, or other motive power, and of any machinery, manufacturing
apparatus, or engines owned by such corporation and actually employed
and used in the business of manufacturing in said city or county; and
the property so returned shall be valued and assessed by said appeal tax
court, or by the county commissioners; and the said appeal tax court or
county commissioners shall give duplicate certificates of such valuation
to such president, or other officer, who shall transmit one of such certifi-
cates, with his return, to the state tax commissioner; and the state tax
commissioner, in addition to the valuation which he is required to make
for State taxation, shall made a further valuation of the stock of
said corporation, by deducting from the value of each share, as assessed
for State taxation, the proportionate amount of the value of tools and
machinery, as assessed by the said appeal tax court or county commis-
sioners; and the valuation of the shares thus determined shall be that all
shares taxable in the city of Baltimore for city taxes, if the said corpora-
tion is located in Baltimore city, or for the county taxes if the county
wherein the corporation is located has exempted manufacturer's tools
and machinery from taxation.

A municipal ordinance provided that machinery, mechanical tools, imple-
ments, etc., employed in the manufacturing business in the city of Baltimore

* Section 2 of the act of 1906. ch. 467, provided that said act was not to affect
pending litigation, particularly litigation between the state and the city of Balti-
more, nor to be construed as involving any admission, etc. The act of 1908, ch.
124. does not repeal section 2 of the act of 1906, but that section, owing to its
nature and its connection with section 1 of the act of 1906 (which is repealed by
the act of 1908), is not codified.