Delaware State journal and statesman., 1864-11-18
AN ACT
To Raise Revenue for this State.

10 haIHo Revenue IOr JnlB state,
BE IL enacted by the Senate aud House of Re-
preseniatives Of tue State Of Delaware 10 General
Assembly met, as fellows;--
SEeTIoN l. Every person, corporation or as
sociatioR or company Of persons not a corpora
tion, engaged or that may hereafter engage in
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 the 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 five days thereafter pay into
the hands Of the State Treasurer for the use Of
tho State, tax at and after the rate Of ten
cents for every passenger so transported within
this State during the month then just ended.
Provided, that when the transportation OF pas
senger shall be by railroad and the direction and
length OF bis journey shall 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 paddy the
person, association or company or corporation
upon the road used by which his journey begins
In estimating the nnmber Of passengers referred
to in this section, all persons carried who are
soldiers or sailors OF the United States, shall he
omitted.
SRorIoN g. Within five days next after the end
Of any month, it shall be the duty of the person
conducting the aforesaid business of transport
ing passengers or (in case an association or com
pany Of persons or corporation be so engRgsl)
Of said association, company or corporation, to
make a statement to the State Treasurer, verified
by the oath or affirmation Of their Treasurer or
Keeper Of their funds, of the numberof passengers
carried on account Of whom they are subject to
the tax aforesaid, and also to pay over 10 him the
tax or duty aforesaid. Any failure 10 do this shall
10 the case OF an individual person or company
or association Of persons not Incorporated, so
transporting or carrying passengers, be deemed
a misdemeauor and subject the offender on CON
VictiOn by Indictment, TO fine Of one thousand
dollars and In the case OF corporation, the
said failure shall work revocation OF its charter
and the same shall from theneeforth be deemed
and taken 10 be and shall be absolutely revoked.
And further, ia case Of any individual person or
company or association OF persons as aforesaid,
80 failing, il shall be unlawful for him or them
thereafter to prosecute or conduct or be con
oerned iH the carrying Of passengers as Aforesaid
in this State, and if he or they shall presume to
pursue said business, they shall be guilty of
misdemeanor, and on conviction by indictment,
be punished by fine not less than one thousand
dollars, and imprisonment not less than one year
SECTION 3. Tue Court Of Chancery shall have
juTisdiclien and power, and upon the application
Of the State Treasurer OH behalf Of the State,
il shall be the duty Of the Chancellor to restrain,
by injunction process, any breach of this act, in
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, 10 case Of any failure by any corporation
to comply with the terms Of this act applicable
TO it. the State Treasurer shall report the fact
Immediately TO the General Assembly, II in ses-
sion, or at their next meeting regular or adjourn
! ed, and also to the Attorney General, whose duty
it shall be TO proceed without delay agalnst the
said corporation 10 the proper tribunal to carry
the aforesaid revocation into effect
SECTION 4. 10 case lhere be in the charter of
any corporation liable to tho provisions OF this
act, any clause or provision 10 restricting the
amount of toll 10 be charged for the transporta-
tion Of passengers as that this act would accord
ing to the present rate of charges by the law
corporation operate unjustly against It,, then il
il hereby declared aud enacted that the said
corporation shall have the right 10 increase the
said toll to the amount of the tax herein provided
for
sRoTIoN 6 The State Treasurer shall have
and exercise every necessary power to enable
him TO ascertain the tax payable according to
the provisions Of this act, and he may enforce
the payment Of the saIne aud nll the provisions
Of chapter 49, Of the Revised Code OF this State,
comforting power, &C., upon that officer and his
collectors in relation 10 the execution ef the
+ warrant issued to him by the Auditor for the
cOllecuOn OF the otAte TAX snail DO vested IN
and may be exercised by him aud them in the
' collection Of the tax provided by this act.
q SECTION @. The condition of the official bond
of tue State Treasurer shall extend to the money
received unier the provisions Of this act and lC
q the performance Of The duty of collecting the
u aforesaid tax. which duty is hereby imposed
4 upon him.
u SEoTioH T. The Secretary Of State shall caus,
a copy OF this act duly certified, to be publishet
- Immediately In all tie newspapers OF this state
:, and to be kept published therein fur the spacl
Vt three months.
:. y Passed at BoSer, August IL, 1864.
lSigned JOmH SuRDEN,
Speaker Of the House Of Representatives,
JOnN GRgEN,
Speaker Of the Senate.
STATE OF DELAWARE, I
Executive Department.
l. SamAel aI. Harrington, Jr, Secretary o
State Of the State Of Delaware, do hereby certi
fy that the foregoing is n correct copy OF an &C
:, Of the General Assembly of this State, enttle,
Y ''An Act to raise revenue for this State" passe
At Dover, August IL, A. D., 1864 the sam
having been compared by me with tho origins
rolls now in my office.
, In testimony whereof, have hereunlo set IN
hand and official seal at Dover, thi
, +, "a fifteenth day of August, in the year q
!, l-' 81 our Lord one thousand eight huudre
10 sixty four.
SANL. NJ. llARRrNGToN, ia,
SpnrafarV nj NIata