Delaware State journal and statesman., 1864-10-25
AN ACT
To Raise Revenue for this State

i
Be 1t enacted by the Senate and House Of Re.
presentatlves Of the Stated Of Delaware in General
Assembly met, as foows:--
Section !. Every person, corporation or aa-
sociation or company Of persons not u corpora
tion, engaged or that may hereafter engage in
the business Of tran porting or carrying passen-
gers by steam poHtr, whether on land or water,
10, through, upon, over or across any portion Of
this State, or within the territorial limits Of the
same, ehall, on the first day Of October next and
thereafter monthly on the first day Of each
month or within Ave days thereafter, pay int1
the bands Of the State Treasurer for the use Of
the State, tax a, and after the rate of ten
cents for every passenger 30 transported within
this state during the month then just ended
| Provided, that when the transportation of pas
scnger shall be by railroad and the direction and
length Of his journey shall be sucn as to require
him 10 travel upon more than one road gu the
| same occasion, there snail 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 Statss, shall be
| omitted
SECTION 2. Within FIVE days next afer the end
OF any mouth, it shall he the duty of the person
| conducting the aforesaid business of transport.
| ing passengers or (n case an association or com
pAny Of persons OF corporation be so engaged)
| Of said association, company or corporation, to
make statement 10 the State Treasurer verified
by the oath or affirmation Of their Treasurer or
Keeper Of their funds of the number of passengers
carried on account ct whom they are subject To
the tax aforesaid, and also % pay over 10 hun the
lax or duty aforesaid. Any failure TO do this shall,
IN the case OF an individual person or company
or association OF persons MT Incorporated, 80
transporting or rrying passengers, be deemed
q misdemeRnor and subject the offender on con-
viction by Indictment 10 a fine of one thousand
dollara; and in the case of a corporation, the
said failure shall work revocation OF its charter
and the same shall from thencetorh be deemed
and taken to be aud shall be absolutely revoked.
And further, in case OF any individual person or
company or association of persons as Aforesaid.
80 failing, it shall be unlawful for him or them
thereafter to prosecute or conduct or be con
orrned in the carrying Of passengers as aforesaid
in this State, aud if he or they shall presume to
pur-ne sad BUSINESS, they shall be guilty of a
mi>demeanor, aud on conviction by Indictment,
be punished by fine not less than one thousand
dollars and imprisonment not less than one year.
SEoTI The Court of Chanctry shall have
| jurisdiction and power, and upon tho Application
| OF the State Trsaeurer on behalf Of the State,
1t shall be The duty of the Chaucelor to restrain,
by injunction process, any breach OF this net in
carrying passengers, after failure to make the
statement and payment or either of them, pro-
v'ded tor 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
to It, the State Ire iaurer iha report TITO fact
Immediately to the General Assembly, If in ses--
eiou, or at their next mtcling regular ur adjourn
ed, ald also to the Attorney Geneia al, whose duty
it shall be 10 proceed without delay against the
said corporation iu the proper tribunal, TO carry
the aforesaid revocation into effect.
SguTION In cage there be 10 the CHARTER Of
any corporation liable to the provisions of thia
act, any clause or provision SO restricug the
amount Of Toll to be charged for the transporta
tion OF passengers as that this act would accord
ing to the present rate Of 'hnrge3 by the law
corporation operate uniusNy against it, then il
is hereby declared and enacted that the said
corporation shall have the right to iuorease the
said toll to the amount Of tn tax herein provided
for.
SECTION The State Treasurer shall hive
and exercise every necessary power to enable
HIM 10 ascertain the tax payable according to
the provisions of this act and ho may enforce
the payment Of the Bame and NIL the provisions
OF chapter 20, of the Revised Code OF this > lite,
conferring power, &C., upon that officer and his
collectors IN RELATION to the execution ef the
1 warrant Issued to him by the Auditor for the
collection OF the State tax, shall be vested 10
and may be exercised by him aud them in the
collection OF the ak provided by this act
SECTION o. The oJndiTiun of the official bond
of tbs state Treasurer shall extend to the money
received under the provisions Of this act, and 10
the performance Of the duty of collecting the
aioresaid tax. which duty is hereby imposed
upon him.
SRcTloN Z. The Secretary of State shall cause
i copy of this net dlHy certified, to be published
Immediately tn all tfo newspapers Of this State,
Y and to be kept published therein for the space
of three months.
e Passed at Doser, August IL, 1864.
t Signed JoHN SuBDgN,
Speaker 0f the lIouae Of Representatives,
JonE GREEs,
II Speaker Of tho Senate.
STATE oP DELAWARE, !
b. Executive Department.
!, Samuel NJ Harrington, Jr, Secretary of
State Of the State of Delaware, do hereby oerti-
fy that the foregoing is q correct copy OF an act
of the General Assembly Of this State, entitled
:. 'An Act to raise revenue fnr this State, passed
at Dover, August II, A. d., 1864 the same
having bten compared hy me with tho original
:, rolls now in my uilice.
In testimony whereof, lave hereunto set my
hand and official seal at Dover, this
rts1 fifteenth day Of August, in the year Of
) our Lord one ihonHsnd eight hundred
sixty four.
sAML N. HABRINdToa, Jn,
: Secretary Of State.