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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3032   View pdf image (33K)
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3032 ARTICLE 81

1931, ch. 354.

(28) All buildings, equipment and furniture of hospitals, asylums,
churches, places of worship, charitable and benevolent institutions, or the
grounds appurtenant thereto, in any county, city or incorporated town of
this State, shall be exempted from the payment of any assessment for the
opening, grading, macadamizing and paving of any road or street in said
county, city or incorporated town; and any such assessment now levied
against any such property, and not collected, is hereby cancelled. Pro-
vided that this section shall only apply to Baltimore City.

1939, ch. 400.

(29) Real property and tangible and intangible personal property
owned by the Southern Maryland Tri-County Cooperative Association,
Inc., and located in St. Mary's, Prince George's, or Charles Counties. This
sub-section shall expire June 1st, 1941.

This section does not confer right of exemption as to tools and machinery, etc.,
but merely authorizes such exemption by any County or the City of Baltimore by law,
resolution or ordinance. Any one claiming such exemption in Baltimore City can do
so only in accordance with the ordinance granting the exemption. Tar Products Corp.
v. Tax Comm., 176 Md. 291.

Shares of preferred stock of national banks held by Reconstruction Finance Corpora-
tion held exempt from taxation under Federal Act, approved Mar. 20, 1936. Tax
Commn. v. Balto. Nat. Bank, 174 Md. 410.

Cemetery company entitled to exemption under the facts. Cemetery v. Baltimore
Co., 174 Md. 280.

The machinery, equipment and raw materials used by newspaper publisher in printing
weekly publications, for circulation outside of State, entitled to exemption under
Baltimore City ordinance granting exemption to machinery, etc., used in manufacturing.
Am. Newspapers v. Tax Commn., 174 Md. 56.

Shares of stock of national bank owned by Reconstruction Finance Corporation
subject to taxation under this section, as authorized by National Banking Act. Tax
Com. v. Balto. Nat. Bank, 169 Md. 68.

Cited in Tax Comm. v. Allied Mortgage Cos., 175 Md. 360.

As to exemption of building associations from taxation, see art. 23, sec. 164.

See art. 77, secs. 41, 232 and 233.

This section referred to in holding invalid ch. 497 of 1931, exempting W., B. & A.
Elec. R. Co. from taxation. Baltimore v. Williams, 61 Fed. (2nd), 374 (reversed and
act held valid by U. S. Supreme Court—289 U. S. 36).

A vessel engaged in commerce between Baltimore and Philadelphia via the Chesa-
peake & Delaware Canal is engaged in coastwise commerce within the meaning of
this section (par. 26) and entitled to exemption from taxation. B. & P. Steamboat Co.
v. State Tax Commission, 157 Md. 279.

Sub-sec. 26 does not exempt vessels running between Baltimore and Norfolk. Steam
Packet Co. v. Baltimore, 161 Md. 9.

Where building commission to acquire land and erect building for Knights of Pythias,
and holding fee simple title to land and building previous to its conveyance to lodge,
held that land and building were assessable to commission and not to lodge and there-
fore not exempt as charitable and benevolent institution under this section. Knights of
Pythias ,v. Baltimore, 157 Md. 542.

166. Machinery of a manufacturer even though attached to freehold is personal
property within purview of statutes exempting machinery from taxation. Anne Arundel
County v. Baltimore Sugar Refining Co., 99 Md. 485.

The following notes were to sec. 4 of 1924 Code:

Corporations.

4. The fact that personal property of a domestic corporation whose stock is subject
to taxation in Maryland is exempt under this section does not affect liability to
taxation of personal property of a foreign corporation whose stock is taxable here—
see notes to sec. 6. Wilkins Co. v. Baltimore, 103 Md. 309. And see Consolidated
Gas Co. v. Baltimore, 101 Md. 554.

The portion of this section exempting from taxation personal property of corpora-
tions whose capital stock is taxed precludes taxation of machinery of a manufacturing
company as a part of its real estate. Anne Arundel County v. Baltimore Sugar Co.,
99 Md. 485.

Where intention of legislature is that a municipality should become owner of stock
of, and manage and control, a water company, such stock owned by the municipality,


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3032   View pdf image (33K)
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