Delaware State journal and statesman., 1864-09-06
AN ACT
To Raise Revenue for this State

|
BE II enacted by the Senate and House of Re
presentatves of the Stateof Delaware, In Genera
Assembly met as follows:-.
SECTION l. Every person, corporation or ns-
| socihton or company Of persons not u 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,
in, through, upon, over or across any portion oil
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 Stnte, 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 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.
In estimating the number Of passengers referred
to in this section, all persons carried who ore
soldiers or sailors Of the United States, shall be
omitted
SECTION .. Within FIVE days next after the end
OF any month, il shall be the duty Of the person
conducting the aforesaid business Of transport
ing passengers or fin case an association or com
pany OF persons or corporation be so engaged)
Of said association, company or corporation to
make statement to the State Treasurer, verified
by the oath or affirmation Of their Treasurer or
Keeper oftheir funds, of the number Of passengers
carried on account Of whom they are subject to
the tax aforesaid, and also to pay to him the
tax or duty aforesaid. Any failure to do this SHALL
in the case Of an individual person or company
or association OF persons not incorporated, so
transporting or carrying passengers, be deemed
misdemeanor and subject the offender on con
victiOn by indictment, TO fine Of one thousand
dollars and in the case Of a corporation, the
said failure shall work revocation ofits charter
and the same shall from thenceforth be deemed
and taken to be and shall be absolutely revoked.
And further, in case Of any individual person or
company or association Of persons as aforesaid,
30 failing, II 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 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 Q. The Court Of Chancery shall have
jurisdiction and power, and upon the application
Of the State Treasurer on behalf of the State,
it 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- |
vded for by the second section of this aot. And |
further, In case Of any failure by any corporation
to comply with the terms Of this act applicable |
to II, the State Treasurer shall report the fact |
Immediately to the General Assembly, if in ses- |
siOu, or at their next meeting regular Or adjourn
ed, and also to the Attorney General, whose duty |
IN IN rit nj
said corporation in the proper tribunal, to carry
the aforesaid revocation into effect.
SECTION a In case there be in the charter of
any corporation liable to the provisions Of this
aGt any clause or provision so restricting the
amount Of toll to be charged for the transporta-
lion 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
is hereby declared aud enacted that the said
corporation shall have The right to increase tho
said toll to tho amount Of the tax herein provided
Tor.
SECTION 8. Tho 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 hc may enforce
he payment of the same and all the provisions
If chapter 20, Of the Revised Code Of this State,
,onferring power, &c., upon that officer and his
collectors in relation to the execution Of tho
warrant Issued to him by the Auditor for the
collection of the State tax, shall be vested in
md may be exercised by him and them in the
collection of the tax provided by this act.
SECTION 6. The condition OF the official bond
If the State Treasurer shall extend to the money
'eueiyed under the provisions Of this act, and to
he performance OF the duty Of collecting the
aforesaid tax, which duty is hereby imposed
lpOn him.
SECTION 7. The Secretary of State shall cause
copy of this net duly certified, to be published
in all the newspapers Of this State,
md to be kept published therein for the space
Il three months.
Passed at Dover, August IL, 1864.
[Signed] john SoRDEN,
Speaker Of the House of Representatives,
JOHN GREEN,