1 CONCERNING THE PUBLIC REVENUE. Proceedings mission of one-half of one per centum on the amount so paid failure to SECTION 21. The Registers of Wills for the several counties, Register to who has been duly appointed Register of Wills in and for Form. duty. SECTION 22. Any register who shall neglect to comply with Penalty for the requirement of the next preceding section shall be deemed neglect of guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five hundred dollars, nor more than one thousand dollars, and shall ipso facto forfeit his office. INVESTMENTS. SECTION 23. All debts secured by or due on judgment, decree, Tax on recognizance, mortgage, or bond, from solvent debtors, (except investments. debts due for goods sold and delivered, and work or labor done and performed within six months from the date of said evidence of debt, and bank notes); all stocks or shares owned by residents, firms, associations of persons or corporations of this State in any bank, institution or company incorporated in any other State or CONCERNING THE PUBLIC REVENUE. Territory, or in the District of Columbia; all debts due to residents, firms, associations of persons, companies, or corporations in this State by solvent debtors residing out of this State, (except debts due for goods sold and delivered, and for work or labor done and performed, within six months from the date of the evidence therefor); all investments in securities or stocks of other States, or of companies incorporated by other States, or by the United States, made or held by residents, firms, companies, associations of persons, or corporations of this State; and all investments in public loans and stocks whatever, made or held by residents, firms, companies, associations of persons, or corporations in this State, except in those created or issued by the United States and exempt from taxation, aud such as have been issued by this State and exempt from taxation, shall be liable to assessment and tax; and every person, firm, company, association of persons, or corporation, owning or holding any debts, stocks, or shares and investments whatsoever, subject to such assessment and tax, shall pay to the State Treasurer, on the first day of October next after the passage of this act, and on the first day of When paid, October in each and every year thereafter, a tax of one-fourth of one per centum on the cash value of all such debts, stocks, or shares, or investments whatsoever, so held or owned by such person, firm, company, or association of persons, or corporation; Provided, That any creditor may contract with the debtor to may contract pay, in addition to lawful interest, the tax imposed by this sec amount Creditor to pay tax. Of the returns to Assessor. tion. SECTION 24. Every individual, firm, association of persons, company or corporation owning or holding any debts, stocks, or shares, or investments subject to the tax imposed by the next preceding section shall, on the first day of September next after the passage of this act, and on the first day of September in each and every year thereafter, or within thirty days from such time, make return to the Assessor of State Tax for the county where such individual's, firm's, company's, association of persons' or corporation's residence or place of business is located, or nearest thereto, setting forth the amount and value of all debts, stocks, or shares and investments belonging to such individual, firm, association of persons, company or corporation subject to the tax aforesaid, and shall verify such return by oath or affirmation Proviso. duly administered and subscribed; Provided, That such return need not disclose the names of the persons indebted to such individual, firm, association of persons, company or corporation. Assessment. The assessor to whom return is made as aforesaid shall assess such individual, firm, association of persons, company or corporation with the tax imposed by the next preceding section, and CONCERNING THE PUBLIC REVENUE. the tax so assessed shall be collected as other State taxes under the provisions of this act. ASSESSMENT AND COLLECTION OF TAX. "Assessor of for each SECTION 25. That for the purpose of securing to the State the Governor to taxes imposed by this act, the collection of which is not other- appoint an wise provided for, one person of suitable qualifications shall be State Tax appointed by the Governor in each county, who shall be styled county "THE ASSESSOR OF STATE TAX," whose duty it shall be to ascer- Duty. tain and assess all persons, associations, firms, and corporations, together with the property for which they are liable to tax under the provisions of this act, and shall prepare a list of all such persons, associations, and corporations, and their property, liable as aforesaid, and deliver or cause to be delivered to every of them, printed forms, to be prepared by the State Treasurer, for the returns to be made by them respectively under the provisions of this act. Official term SECTION 26. That the said "Assessors of State Tax" shall be resident in the county for which they are respectively appointed, and shall be appointed for the term of two years, and be subject to removal at any time during such term by the Governor, upon Removal cause shown, which shall be alleged in writing, and of which the from office party complained of shall have ten days' notice, and opportunity given of being heard in his defense. That before entering upon the duties of his said office, each said assessor shall take and subscribe, before some officer of this State duly authorized to administer the same, an oath or affirmation to discharge his duties Oath of office impartially and faithfully; which said oath or affirmation shall be filed in the office of the State Treasurer. of property SECTION 27. It shall be the duty of every person, association, Persons, &c., firm, or corporation, made liable to be assessed for tax under the to make list provisions of this act, in all cases where the said taxes are made liable to tax payable quarterly, to make lists and return of the objects and amounts for and by reason of which they are liable to taxation under this act, verified by oath or affirmation, unto the Assessor How verified of State Tax for the proper county within ten days after the last day of March, and of June, and of September, and of Decem- when made ber, respectively, in each year; and in all cases where the said taxes are payable annually, within thirty days after said annual tax shall become due. Assessors SECTION 28. That in case any individual, association of per- Duty of sons. firm, or corporation liable to tax under this law shall in cases of neglect or omit to make returns, as required by this act, (for a persons to period of ten days after the same shall be required as aforesaid,) returus. failure of make CONCERNING THE PUBLIC REVENUE. or shall deliver or disclose any list, statement, or return which, in the opinion of the assessor, is false or fraudulent, that it shall be the duty of every assessor to ascertain and assess, and by all lawful means to inform himself of the amount of tax justly due from every such individual, association of persons, firm, or corporation, and for this purpose shall have authority to summon such person or persons, or any other person or persons he may deem proper, to appear before him and produce any books or papers, and answer, under oath or affirmation, respecting any objects liable to taxation as aforesaid. And in case of such fraudulent or false return being made, the said assessor shall add fifty Additional per centum to the tax imposed. And all such assessors shall tax in case have power to administer oaths or affirmations and take evidence in all cases required by the administration of this law with which they are charged; and any perjury therein shall be punished in like manner as other perjuries are by the laws of this State. And the oath or affirmation required from any firm may be taken by any member thereof, and in case of a corporation, by the president, treasurer, or cashier thereof. of false returns. Oaths. Duplicates of the Assessors to be to State SECTION 29. That it shall be the duty of the said assessors to transmit duplicates of the said assessments, in which the names transmitted of the persons, associations, firms and corporations liable to Treasurer. taxation under this act shall be alphabetically arranged, with their respective residences or places of business, within thirty days after the same are required by law to be made, unto the State Treasurer. Compensation of Assessors. Stationery. SECTION 30. That for their services the said assessors shall receive a compensation of five dollars per diem for every day in which they shall be actually engaged in the duties of their office, and also their expenses for stationery in their office and blanks requisite for the performance of their duties under this act. Assessor of And the assessor for New Castle county shall, in addition, be New Castle allowed the sum of five hundred dollars per annum for clerk clerk hire. hire. And their accounts shall be verified by oath or affirmation, and audited by the State Treasurer and paid by him quarterly. co. allowed State Trea APPEAL. SECTION 31. That the State Treasurer shall hear and detersurer to hear mine appeals from the assessments of the Assessors of State Tax, appeals from the assessment. Notice. and for that purpose shall give public notice, by advertisements printed in one or more newspapers of the respective county of the time and place in the several counties when [and where] he will How often hear appeals. Such appeals shall be heard in each county at least once in every three months; and the State Treasurer shall have authority to correct and adjust all assessments under this act, heard. CONCERNING THE PUBLIC REVENUE. and shall interrogate, on oath or affirmation, which he is hereby authorized to administer, any person making application for Power. allowance, deduction, or discharge from any tax, and may hear other testimony thereon; and shall add thereto such proper assessments as may have been omitted. And in case any tax or penalties shall have been improperly assessed and collected from any person, association, firm or corporation under this act, before their appeal could be heard by the State Treasurer, he may make to such person, association, firm or corporation an allowance therefor to the amount of the tax improperly collected, and such allowance may be paid by the State Treasurer or deducted from the next quarterly or annual tax assessed to such person, association, firm, or corporation. COLLECTION. State bond. SECTION 32. All taxes imposed by this act shall be paid to All taxes the State Treasurer, who shall, immediately upon the passage of to be paid this act, give additional bond to the State in the penal sum of Treasurer. fifty thousand dollars, with sureties approved by the Governor, Additional with the same condition as is prescribed by Section 11 of Chapter 24 of the Revised Statutes of this State, with warrant of attorney to confess judgment thereon. The said obligation shall be recorded by the Secretary of State in the executive register and be kept on file in his office. A certified copy shall be forthwith transmitted to the State Auditor of Accounts, and said copy or said record, or a copy thereof, shall be evidence. The said obligation shall be proceeded on by direction of the General Assembly, or the Governor. and Treasurer shall proceed to collect tax. Shall ap or more county. SECTION 33. It shall be the duty of the State Treasurer, When State immediately upon receiving the duplicates of assessment of taxes from the said assessors, to proceed to collect the same, for that purpose, in the month of May of each year, he shall appoint one or more persons well qualified, and resident in the point one county for which they are appointed, and the State Treasurer Collectors shall, from time to time, deliver to them a certified list and state- for each ment, or duplicate, in writing, of the taxes to be by them col- Shall deliver lected, and the names of the parties liable to pay the same, to them a alphabetically arranged, and shall endorse, over his own signature, upon such certified statement, the warrant of each such collector, setting forth his full name, and the hundred or hundreds in and for which he is authorized to collect the said tax. SECTION 34. The State Treasurer shall be responsible for the Responsi faithful execution of the warrant issued as aforesaid, and for the f money thereby authorized to be collected, and shall require of each collector so appointed, before he acts as such, to become list of taxes. Treasurer. |