1874 REVENUE AND TAXES. [ART. 81

1908, ch. 552.

170. The terms "gross receipts," "gross receipts or earnings," "total
receipts or revenues," "gross receipts or revenues," "gross receipts and
revenues," as used in sections one hundred and sixty-seven, one hundred
and sixty-eight and one hundred and sixty-nine, shall not include any
income derived from the investment of the capital or surplus of any of
the corporations mentioned in said section, and in case of the use of
monies received or deposited, they shall include only the difference
between the receipts, earnings or revenues derived from the use of such
deposited monies, and the interest paid on such deposits.

1904, art. 81, sec. 167. 1890, ch. 559, sec. 4.

171. It shall be the duty of the comptroller of the treasury to receive
such accounts of state taxes so transmitted to him by the state tax com-
missioner and forthwith to proceed to notify each such corporation or
company of the amount of such state tax by transmitting by mail to
the president, treasurer or other proper officer of such corporation or
company, an account of such state taxes, enclosed in an envelope or
cover, having thereon a proper postage stamp, and carefully directed to
such president, treasurer or other officer, and shall note in a book kept
for that purpose the date of placing in the mail the envelope or cover
containing such account; if no appeal be taken within thirty days from
the date of such notification the said ascertainment and assessment shall
be final, but any such corporation or company may within thirty days
after such notification appeal from such ascertainment and assessment
to the comptroller of the treasury and state treasurer, stating in such
appeal the reasons and grounds for such appeal, and the said comptroller
and treasurer shall as soon as possible consider the same, and if the
comptroller and treasurer shall both be of opinion that such ascertain-
ment and assessment of the state tax commissioner is erroneous and
ought to be changed, they shall change the same accordingly and the
ascertainment and assessment so agreed upon by the comptroller and
treasurer shall be final; but if either the comptroller or treasurer shall
agree with the tax commissioner as to the correctness of the ascertain-
ment and assessment so made by him then the appeal shall be dismissed
and the original ascertainment and assessment shall be and remain as
the true ascertainment and assessment for such year.
See notes to sec. 167; cf. sec. 183.

Ibid. sec. 108. 1890. ch. 559. sec. 5.

172. The state tax commissioner is hereby authorized and empow-
ered to examine under oath, to be by him administered, any officer or
agent of any such corporation or company touching the business in this
State of such corporation or company, and the receipts and revenues
accruing therefrom, and any such officer or agent refusing to be sworn,
or refusing to testify his or her knowledge touching the said subject mat-
ter shall forfeit and pay to the State the sum of five hundred dollars for
each such refusal to be recovered by action at law, in the name of the