Delaware State journal and statesman., 1864-08-23
AN ACT
TO Raise Revenue for this State

BE II enacted by the Senate and House Of Re
presentatives Of the State Of Delaware, in General
Assembly met, as follows:-
SRoTIoN l. Every person, corporation or as
sociaton or company Of persons not corpora
iion, engaged or that may hereafter engage In
the business Of transporting or carrying passen-
gers by steam power, whether on land or water,
iu, 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
the State, tax at aud after the rate Of ten
cents for every passenger so transported within
this State during the month then just ended.
i Provided that when the transportation Of q pas
senger shall be by railroad and the direction and
length of his 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 paid by the
person, association or company or corporation
upon the road used by which his journey begins.
ln estimating the number Of passengers referred
to in this section, all persons carried who are
soldiers or sailors of the United States, shall be
omitted.
SEcTIoN 2. 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 Tin case an association or com
pany OF persons or corporation be so engaged)
Of said association, company or corporation, 10
make statement to the State Treasurer, verified
by the oath or affirmation Of their Treasurer or
Keeper ofther funds of the number Of 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 to do this shall,
in the case Of All 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, 10 fine Of one thousand
dollars; aud in the case Of corporation, the
said failure shall work revocation oiit charter
aud the came shall from thenoefOrlh be deemed
aud taken to be and shlll be absolutely revoked.
And further, iu 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-
cerned in the carrying Of passengers as aforesaid
in this State, and if he or they shall presume to
pursue said business, they shall bo guilty OF a
misdemesnor, and on conviction by Indictment,
be punished by fine not less than one Thousand
dollars, and Imprisonment not less than year.
SECTION 3. The Court of Chancery shall have
jurisdiction and power, and upon the application
Of the State Treasurer on 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
. vdsd for by theisecond section of this act. And
further, in case Oft any failure by any corporation
to comply with the terms Of this act applicable
. to it, the State Treasurer shall report the fact
Q Immediately TO the General Assembly, if in ses-
sion, or ut their next meeting regular on adjourn
6 ed, and also 10 the Attorney General, whose duty
g it shall be 10 proceed without delay against th,
Il said corporation in the proper tribunal, to carr
II the aforesaid revocation inio effect.
v SECTION 4. In case there he in the nhu n
y any corporation liable to the provisions of thi
u act, any clause or provision 80 restricting th,
u amount of toll to be charged for the transporta
= tion Of passengers as that this act would accord
If ing to tho present rate Of charges by the la'
% corporation operate unjustly against it, then i
= is hereby declared and enacted that the sal
e corporation shall have the right to increase the
said toll 10 the amount of the tax herein proyide
To for.
Is SECTION 3. The State Treasurer shall hav
70 and exercise every necessary power to enab
him 10 ascertain the tax payable according L
lie the provisions Of this act, and ho may epforc
= the payment of the same and all the provision
'e of chapter 80, of tho Revised Code Of this State
comforting power, &c., upon that officer and hi
D collectors in relation to the execution Of th
warrant issued to him by the Auditor for til
collection of the State tax, shall be vested i
. and may be exercised by him and them in th
n collection of tho tax provided by this act
SEcrloR 6. The condition of the official bon
,lf of the State Treasurer shall extend TO the none
n received under the provisions Of this act, and
If the performance of the duty of collecting th
ee aforesaid tax. which duty is hereby impose
go upon him.
1t, SEcTloN l. The Secretary of State shall caui
d copy Of this act duly certified, to be publisht
Of Immediately in all the newspapers Of this Stat
ke and to be kept published therein for the spat
IN Of three months.
i'm Passed at Dover, August IL, 1864.
ny CSigned] JoHN SoRpEN,
an Speaker Of the House Of Representatives,
la JeHN GREEN,
of Speaker of the Senate.