Delaware State journal and statesman., 1864-09-16
AN ACT
To Raise Revenue for this State.

Bo ii enactCd by the Senate and House Of lic-
prcseutatYcs Of the Suicot Delaware, IN Noncral 1
Assembly met, as fulloNi:--
SEoTIoa l. Every person, corporation or as
sociation or company II persons not corpora
iiOn, engaged or that may hereafter engage 10 I
the business Of transporting or carrying passen-
gers hy steam power, whether on land or water,
n through, upon, over of across aug portion i /
this State, or within the territorial limits OF the |
same, shall, on the iilsi ,lAy ui Octoner next ami
thereafter monthly on the irsi day OF each
month or within i've days thereafter, pay into |
the hands Of the State Treasurer for the use OF
the State, IL tax AZ and after the rate of ten
cents for every passenger 80 transported within
this State during the month then Just ended.
Provided, that when the transportation OF pas
senger shall he by railroad aud The direction and
lenglh Of his journey shall he such as to require
him to travel upon ninre thnn one road on the
same occasion, there shall be but one tax paid to
the State Treasurer aud that shall be padh 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 States, shall be
omitted
SECTION .. Within Eve days next after the eud
of any month, it shall ho the duty Of the person
10 conducting the aforesaid business of transport
d ing passengers or Tin case an association or com
~ pany Of persons corporation be so engAged)
Of said association, company or corporation to
of make statement to the State Treasurer, verified
~ by the oath or affirmation of their Treasurer or
Keeper of their funds of the number Of passengers
sr carried on account Of whom they are subject to
a, the tax aforesaid ard also 10 pay over TO him the
tax or duty aforesaid. Any failure to do this shall,
II in the case Of an individual person or company
Or or association Of persons not Incorporated so
transporting OF carrying passengers, be deemed
a misdemeanor and subject the offender on con-
Viction by Indictment 10 o fne of one thousand
ing dollars; and in the case of corporation the
~. said failure shall work revocation of its charter
aud the same shall from thenceforth be deemed
rch and taken to be and shall be absolutely revoked
And further, in case of any individual person o.
company or association of persons as aforesaid
80 failing, it shall be unlawful for him or then
thereafter to prosecute or conduct or be con
>. cerned in the carrying of passengers aforesaid
In this State and if he or they shall presume t
pursue sad business, they shall be guilty of
misdemeAnor, and on conviction by indictment
be punished by fine not less than one thousau
les dollars and Imprisonment not less than one year
Tor SECTION 3. The Court Of Chancery shall hav
jurisdiction and power, and upon the applicable
D. Of the State Treasurer on behalf Of the State
it shall be the duty of the Chancellor to restrain
io' by injunction process, my breach of this act
carrying passengers, after failure to make til
- statement and payment or either of them, pro
vded for by tho second section of this act. An
further, In case Of any failure by any corporato
" to comply with the terms of this act appicah
n. to it, the State Treasurer shall report tho ia,
Immediately to the General Assembly, il in ses
sion, or at their next meeting regular or adjourn
vi ed and also to the Attorney General whose dnt
it shall be 10 proceed without delay against II
!, said corporation in the proper tribunal, TO carr
the aforesaid revocation into effect.
SECTION 4. Iu case there be in the charter
any cornnratfOn linhls In the DrOViRiOns nf n,
- oct, any clause or provision so restricting ii
amount Of toll TO be charged ior the transport
ton Of passengets.as that this act would aeoori
"a ing 10 the present rate Vt charges hv tie III
w. corporation operate uujustly against il, then
Wn is hereby declared and enacted that the So
corporation ahall have tho right to increase til
ERY said toll to the amount Of the tax herein provide
for.
: line SErTIoN d. The State Treasurer shall ha
that and exercise every necessary power to euub
him " ascertain the tax payNhlc according
the provisions of this act, and he may enfvr
msat the payment of the same aud all the pr0vaio
Of chapter ~ of the Revised Code Of this Sikt
b comforting power, &e., upon that oieer and |
-'f'"- collectors IN relation to tho execution ef /
warrant issued to him hy the Auditor for 4
collection Of the State tax, slnll he vested
E,R and may he exercised by him and them in 4
collection of the tax provided by this act.
SECTION q. The condition Of Tho official boz
sots received under the provisions Of this act, and
,vn, the performance ot the duty Of collecting /
,Iects aforesaid tax, which duty is hereby impos
upon him.
Cont SECTION Z. The Secretary of Stale shall cat
Penn. copy Of this act duly certified, to be publish
Immediately in all the newspapers of this Sta
Real and to be kept published therein for the spa
,,s, Of three months.
Passed at Dover, August II, 1864.
le. [Signed] JonN SORDEN,
10. Speaker OF the House OF Representatives,
10 JOHN GRgEN,
KET .Ul,-e4l opoI"'' y 'D' ''DA'''
STATE OF DELAWARE,
.ctl Executive Department.
no all oapiuei ~ W na,l a.
iy that the foregoing is correct copy of an
+. Of the General Assembly of this State, entit
HEM San Act to raise revenue for this State" pass
TIL at Dover, August IL, A. D., 1864 the sa
having been compared by me with the Origil
. best rolls now in my Office
ely In testimony whereof, have hereunto set
hand and official seal at Dover, I
fifteenth day of August, in the year
lb' 81 our Lord one thousand eight humid
sixty four
SAIL. NJ. HARRIEaToH, Jn.,
Secretary Of State
LII, August l6. 1sG4-3mOs.
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