Delaware State journal and statesman., 1864-10-21
AN ACT
To Raise Revenue for this State.

To Raise Revenue for this State.
Be Il enacted by the Senate aud House Of Re.
presentatiVes Of the Stateof Delaware. 10 General
Assembly met, as folloWs;-
SRoTIoN L. Every person, corporation or as
ISOLATION or company Of persous not corpora
tion, engaged or that may hereafter engage 10
the business Of transporting or carrying passen.
gers by steam power, whether on land or water,
10, through, upon, over or across any portion OF
this State, or within tho territorial limits OF The
same, shall, on the first day Of October next and
thereafter monthly on the fret day OF each
month or within Eve days thereafter, pay into
the hands Of the State Treasurer for the use OF
the State, tax at and after the rate OF ten
osnta for every passenger so transported within
this State during the month then just ended
Provided, that when the transportation Of u pas.
senger shall be by railroad and the direction aud
length OF his journey shal be such as to require
him to travel upon more than one road on the
same occasion, there shall be but one tax paid to
the State Treasurer and that shall be paid by the
person, association or company or corporation
upon the road used by which his journey begins
In estimating the number of passengers referred
to in this section, all persons carried who are
soldiers or sailors Of The United Stat6s shall be
omitted.
SECTION @ Within Ave days next after the end
Of any month, it shall bo the duty Of the person
conducting tho aforesaid business Of transport
ing passengers or I'm case an association or com
pany OF persons or corporation be so ongagcdl
Of said association, company or corporation, 10
make statement to the State Treasurer, verified
by the oath or affirmation of their Treasurer or
Keeper Of their funds, The number Of passengers
carried on account Of whom they are subject TO
the taI aforesaid and also TO pay over 10 him the
tax or duty aforesaid Any failure TO do this shall
tn tf,ar ~ tuat iHua Ina
or association Of persons not Incorporated, 80
transporting or carrying passengers, be deemed
o misdemennor and subject the offender on con
victiOn by Indictment, to a fine Of one thousand
dollare; and in the case Of a corporation, the
said failure shall work revocation its charter
and the same shall from thenceforih be deemed
and taken 10 be and shall be absolutely revoked
And further, in case Of any individual person or
company or association Of persOne as aforesaid
so failing, II shall be unlawful for him OF them
thereafter to prosecute or conduct or be con
oetned in the carrying Of passengers as aforesaid
in this State, and If be or they shall presume to
pursue said business, they shall be guilty Of a
misdemeanor, and on conviction by indictment,
be punished by fine not less than ono thousand
dollars, and Imprisonment not less than one year
SEorIos 8 The Court Of Chancery shsll have
Jurisdiction and power, and upon the application
Of the State Treasurer on behalf Of the State,
1t shall be the duty Of the Chancellor TO restrain
by Injunction process, any breach Of this act, 10
carrying passengers, after failure to make the
statement and payment or either Of them, pro-
Vided for by the second section Of this act. And
further, In OF any failure by any corporation
to comply with the terms Of this act applicable
10 1t, the State Treasurer shall report the fact
Immediately to the General Assembly, ii in SEES
sion, or at their next meeting regular OF adjourn
ed, and also to the Attorney General, whose duty
II shall be to proceed without delay against tue
sAid corporation in the proper tribunal, to carry
the aforesaid revocation into effect.
SEoTiOs 4 Ia case there be u tho charter Of
any corporation liable to the provisions Of this
act, any clause or provision 50 restricting the
amount Of toll to be charged for the transp0rta-
tiOn Of passengers AZ that this act would accord
ing TO the present rate Of charges by the law
| corporation operate unjusty against il, then il
Is hereby declared and enacted that the said
corporation shall have the right 10 Increase the
said toll to the amount Of the tax herein provided
for.
| sKoTIoH 0 The slatO Treasurer shall have
and exercise every necessary power to enable
| him 10 ascertain the tax payable according 10
| the provisions Of this act, and ho may enforce
the payment Of the same and all the provisions
Of chapter 49, OF the Revised Code Of this Sikte,
eonferriug power, &C., upon that officer and his
collectors in relation TO the execution Of the
| Nhifhnt lhsotu 10 him ny ihe AuuitOr IOr tue
collection OF the State tax, shall be vested in
and may he exercised by him aud them in the
collection Of the tax provided by this act
sEoTios @. The condition OF the official bond
Of the State Treasurer shall extend to the money
received under the provisions Of this act, and to
the performance OF the duty of collecting the
aforesaid tag, which duty is hereby imposed
upon him.
SEOTIoA 7. The Secretary of State thall cause
| raff 4
Immediately N all fKe newspapers OF this State
and to be kept Published therein for the spac,
Of three monfhs.
Passed Mt DoseF, August II, 1864.
[Signed] JoHs soADRN,
speaser Of the House of Representatives,
JoHN GaRRN,
Speaker Of the Senate.