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CONCERNING THE PUBLIC REVENUE.

ment of real estate.

bond, for the amount of the tax due the State on the funds in bis
hands.
SECTION 14. In all cases where real estate of any kind is sub-

Appraiseject to the said tax, the Assessor of State Taxes for the county where such real estate is situate shall make an inventory and appraisement of said real estate, and shall return said inventory Return to and appraisement to the Register of Wills for the county where Register. such lands and tenements lie within six months from the time when the said real estate became subject to said tax, and the appraisement thus made shall be deemed and taken to be the true value of the said real estate upon which the said tax shall be paid. The amount of said tax shall be a lien on said real estate Lien. from the death of the decedent who shall have died seised and possessed thereof until the same shall be paid.

SECTION 15. The executor or administrator sball collect the Executor or same from the parties liable to pay said tax, or their legal repre- tor to collect sentatives, within thirteen months after the granting of adminis-tax. tration as aforesaid, and pay the same to the

Register of Wills of the county in which administration is granted, and if the said parties shall neglect or fail to pay the same within that time, the executor or administrator 'shall apply to the Orphans' Court of said county, and it shall be the duty of said court to grant an order authorizing and directing said executor or administrator to sell for cash, upon the usual notice, so much of said real estate as may be necessary to pay said tax and all expenses of such sale and the commissions of the executor or administrator thereon. The said order, with the proceedings of the executor or administrator thereunder, shall be returned to the next term of said Orphans' Court, and if the return aforesaid be approved by the court the executor or administrator making such sale shall execute and deliver to the purchaser of that part of said real estate sold a valid deed for the same, and such deed sball vest in the purchaser all the title and estate which the decedent had at the time of his death. Section 16. In case any real estate of a decedent shall be orphans'

Court, in subject to the collateral inheritance tax aforesaid, and there be certain case, only a life estate, or an interest for a term of years, or a contin. tionem gent interest given to one person, and the remainder or reversionary interest to another, the Orphans' Court of the county where the real estate is situate shall, upon application of the executor or administrator, determine, in its discretion, what proportion each person interested in said estate shall pay of said tax, and the judgment of said Orphans' Court shall be final and conclusive, Judgment and every such person so interested as aforesaid, shall pay to the final Register of Wills of said county his or her proportion of said

propor

.

CONCERNING THE PUBLIC REVENUE.

Executor or

their bond for taxes received.

Failure to perform duties.

Administra

b.

tax within thirty days after the determination of said Orphans' Court, and any person entitled in remainder or reversion shall be

required to pay his or her proportion within thirty days after Sale in case the said estate shall have vested in possession. If any party of neglect. interested as aforesaid shall refuse or neglect to pay his or her

proportion so decreed by said Orphans' Court within thirty days from the time of such decree, the said court shall order and direct the executor or administrator to sell all the right, title and interest of such person in and to said estate, or so much thereof as may be necessary to pay his or her proportion of said tax, and all expenses of sale.

SECTION 17. The bond of an executor or administrator shall tor liable on be liable for all money he may receive for taxes, or for the pro

ceeds of the sale of real estate received by him under this act,
and if any executor or administrator shall fail to perform any
of the duties imposed upon him under the provisions of this act,
the Register of Wills granting the letters of administration may
revoke the same, and his bond shall be liable, and the same pro-
ceeding shall be had as if his administration had been revoked
for
any
other cause.

The powers and duties of an administrator tor d. b. n., de bonis non, or de bonis non with the will annexed, shall be the t. a. included same, under this act, as an executor or administrator, and he

shall be subject to the same liabilities. Payment of SECTION 18. Every executor or administrator collecting the

tax aforesaid to wbich any real estate is subject by sale of said real estate, shall pay the tax so collected to the Register of Wills

of the county where said real estate is situate. Duplicate SECTION 19. Every Register of Wills receiving any collateral

inheritance tax shall give the person paying the same duplicate receipts therefor, one of which shall be forwarded, by the person so paying as aforesaid, to the State Treasurer, to be by him preserved, and either of said duplicate receipts shall be evidence in suits upon the bond of said register to recover the taxes so by him received.

SECTION 20. It shall be the duty of the several Registers of Wills in this State to make returns, under oath, to the State Treasurer, on the first days of January, April, July and October, in each year, or within thirty days thereafter, of all sums of money received by them as taxes under the provisions of this act, referring to collateral inheritances, distributive shares, and legacies, the first return to be made on the first day of July next* after the passage of this act, and to pay over to said State Trea

surer the amounts so by them received respectively, at the time Commission, of making such returns, for which they shall be allowed a com

* See Supplement to this act, page 376.

tax.

receipts.

To whom forwarded.

Effect of

Register to make returns.

CONCERNING THE PUBLIC REVENUE.

mission of one-half of one per centum on the amount so paid over, and if apy Register of Wills shall fail to pay over, as required by this section, the State Treasurer shall give notice to the Attorney General of the State, whose duty it shall be to institute suit on the official bond of such Register of Wills, Proceedings entered into according to the provisions of this act, for the use in case of of the State, to recover the amount due from such Register of pay over. Wills, and in such suit the amount appearing to be due, with interest thereon, and costs, shall be recovered, which recovery shall be evidence of misbehavior in office, and upon conviction thereof such Register of Wills shall be removed from office.

SECTION 21. The Registers of Wills for the several counties, Register to now in office, and who shall hereafter be appointed, shall respec- sive boud. tively, immediately after the passage of this act, in addition to the bond now required by law, become bound unto the State of Delaware with sufficient surety (to be approved by the Chancel. lor or any Judge of the Superior Court) in the penal sum of five thousand dollars, with condition “that if the above named who has been duly appointed Register of Wills in and for

county, shall perform all the duties of his said office with fidelity, and shall from time to time duly account for and pay over, according to law, unto the Treasurer of the said State of Delaware all money belonging to the State which may come to the hands of the said

as Register aforesaid, then this obligation shall be void, otherwise to remain in full force." The acknowledgment and approval of these obligations shall be certified to by the Chancellor or Judge by whom such approval is made. The obligations taken under this act shall be forth with delivered to the Recorder of Deeds for the county wherein the same is taken, and by him recorded and filed in his office.

SECTION 22. Any register who shall neglect to comply with Paualty for the requirement of the next preceding section shall be deemed perlect 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 sball ipso facto forfeit his office.

Form.

duty.

INVESTMENTS.

SECTION 23. All debts secured by or due on judgment, decree, Tas on recognizance, mortgage, or bond, from solvent debtors, (except investmeuts. 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 the 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

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 duly administered and subscribed; Provided, That such return need not disclose the names of the persons indebted to such indi.

vidual, firm, association of persons, company or corporation. Assessinent. 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

Creditor

to pay tax

Of the returns to Assessor.

Proviso.

CONCERNING THE PUBLIC REVENUE.

the tax so assessed shall be collected as other State taxes under
the provisions of this act.

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Assessor of

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Official term

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 "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.

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 ottica party complained of shall have ten days' notice, and opportunity given of being beard in his defense. That before entering upon the duties of his said office, each said assessor sball 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.

SECTION 27. It shall be the duty of every person, association, Perous, de, firm, or corporation, inade liable to be assessed for tax under the to make lint 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.

SECTION 28. That in case any individual, association of per-Posessors 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,) returns

of property

Duty of

make

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