CONCERNING THE PUBLIC REVENUE. be furnished days from such times, a tax of one hundred dollars for the use in this State of each locomotive belonging in whole or in part to such company and at any time during the preceding year used by said company within this State; and twenty-five dollars for the use in this State of each passenger car belonging in whole or in part to such company, and at any time during the preceding year used by said company within this State; and ten dollars for the use in this State of each freight car, of every description, and each truck belonging to such company, and at any time during the preceding year used by said company within this State. The president, superintendent, or treasurer of every railroad company liable to the tax imposed by this section shall, annually, on the first day of January next, and on the first day of January in each and every year thereafter, or within thirty days from such times, furnish to the State Treasurer a statement Statement to showing the number of locomotives, passenger cars. freight cars by company of every description, and trucks belonging to such company, and used or employed at any time during the preceding year within this State, verified in the manner prescribed by the second section of this act; and shall forthwith pay over unto the State Treasurer the tax for which such company is liable under this section. In case the president, superintendent, or treasurer of any company liable to the tax imposed by this section shall neglect or refuse Neglect to to furnish to the State Treasurer the statement required by this statement or section, or shall neglect or refuse to pay the tax by this section to pay taxes. imposed, for a period of ten days after the said statement should have been furnished or the said tax shall become due and payable, the State Treasurer shall give notice of such failure to one of the assessors of the State taxes, and such assessor shall, within twenty days after such notice shall have been received, inform himself, by all lawful means, of the number of locomotives, passenger and freight cars of every description and trucks belonging to such company so in default, and used by said company at any time during the preceding year within this State, and shall assess said company with the tax for which said company is liable under this section; and shall forthwith transmit of tax. such assessment to the Treasurer of the State, who shall, within ten days after the receipt thereof, forward a duplicate of the said assessment to any collector of State taxes, accompanied by a warrant authorizing and directing such collector to collect the Warrant to tax in the said duplicate mentioned out of any property, real or personal, belonging to such company so in default within twenty days from the date of such warrant. And any collector to whom such warrant is directed shall have the same powers for collecting Powers of the said tax that by the laws of this State are conferred upon Collector. the collectors of county taxes for the collection of county rates and furnish Assessment Collector. じひ CONCERNING THE PUBLIC REVENUE. Meaning of levies. The word trucks or truck, wherever they occur in this act, shall be taken to mean a pair of trucks. word trucks tal stock. SECTION 4. And be it further enacted as aforesaid, That every railroad company, and every canal company incorporated by or under any law of this State, and doing business within this State, shall, in addition to other taxes imposed by law, on the first day of July next after the passage of this act, and on the first day of July in each and every year thereafter, or within thirty days from such times, pay unto the State Treasurer, for the use of the Tax on capi-State, a tax of one fourth of one per centum upon the actual cash value of every share of the capital stock of such company. And it shall be the duty of the president or treasurer of every such company, on the first day of July next succeeding the passage of this act, and on the first day of July in each and every year thereafter, or within thirty days from such times, to furnish to the State Treasurer a statement of the number of shares of the capital stock of such company, with an estimate and appraisement of the actual cash value of each share of such capital stock, Statement to and shall verify said statement and appraisement in the manner be furnished prescribed in the second section of this act, and shall forthwith pay over unto the State Treasurer, for the use of the State, the amount of tax for which such company is liable under the provisions of this section: Provided that where the line of railroad or canal belonging to any company liable to said tax lies partly in this State and partly in an adjoining State or States, such company shall only be required to pay the tax aforesaid on such number of the shares of its capital stock as will be in that proportion to the whole number of shares of such capital stock which the length of said railroad or canal within the limits of this State bears to the whole length of such railroad or canal. by company Proviso. Neglect to SECTION 5. And be it further enacted as aforesaid, That in case the president or treasurer of any railroad or canal company liable to pay tax. to the tax mentioned in the next preceding section shall neglect or refuse to furnish the statement of the number of shares of the capital stock of said company, with the estimate and appraisement of the actual cash value of each share thereof, verified as provided by the fourth section of this act, or shall refuse or neglect to pay to the State Treasurer the tax provided for by the next preceding section of this act for a period of ten days after the said statement should be furnished or the said tax shall have become due and payable, it shall be the duty of the State Treasurer forthwith to give written notice to one of the assessors of State taxes of such failure. and such assessor shall, by all lawful means inform himself, as correctly as possible, of the CONCERNING THE PUBLIC REVENUE. Assessment number of shares of the capital stock of said company so in of such assessment, shall forthwith issue his warrant, with a warrant to lev duplicate of the said assessment annexed, to any collector of Collector State taxes, authorizing and directing him to collect the tax mentioned in the said duplicate within twenty days from the date of such warrant. And such collector shall have all the powers for collecting the tax aforesaid which by the laws of this Collector State are conferred upon the collectors of county taxes for the collection of county rates and levies. Powers of taxes. Penalty SECTION 6. And be it further enacted as aforesaid, That in case Default of default shall be made in the payment of any of the taxes imposed payment of and provided for by the preceding sections of this act, the com0 pany so in default shall pay, as a penalty, ten per centum on the amount of the tax so unpaid in addition to the said tax, and the collector to whom the State Treasurer's warrant is directed for the collection of the same shall add the said penalty of ten per centum on the amount of the tax mentioned in the duplicate accompanying the said warrant, and shall collect the said penalty with the said tax; and the said collector shall possess all the powers for the collection of the said penalty as are by this act conferred for the collection of the said tax. 20 SECTION 7. And be it further enacted as aforesaid, That the warrant of the State Treasurer to a collector of State taxes, for leo, the collection of any tax provided for by this act, shall be under the hand of the said State Treasurer, and shall have thereunto annexed a duplicate of the assessment of the tax to be collected, and may be in the following form: STATE OF DELAWARE, SS. The State of Delaware, to Collector Form of Warrant. les of State Taxes for county, Greeting: We command that you cause to be collected from the Company the tax appearing to be due to the State by the annexed duplicate, and wherewith the said company, according to said duplicate, stands assessed; and that you also cause to be collected from the said company a penalty of ten per centum upon the amount of said 20 tax mentioned in said annexed duplicate, in addition to the said tax; and that you return this warrant, and pay over the moneys CONCERNING THE PUBLIC REVENUE. collected by virtue hereof, unto the State Treasurer, within twenty days from the day of the date hereof. IN WITNESS WHEREOF, I, Treasurer of the State of Delaware, have hereunto set my hand this A. D. 18-." Passed at Dover, April 8, 1869. day of Tax on capital stock. Amount. An Act Taxing the Shares of Banks. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. That from and after the passage of this act there shall be paid annually, by the owner or holder thereof, on each share of the capital stock of every bank or banking association now or hereafter incorporated or organized under the laws of this State or of the United States, and carrying on business within this State, a tax of one-fourth of one per centum on the Proviso, na- cash value of each share of capital stock: Provided that the tional banks share or shares of any bank or banking association in this State, organized under the laws of the United States, held or owned by any person or body corporate, shall not be subject to any tax exceeding the rate imposed upon the shares in any of the banks organized under the laws of this State, nor at a greater rate than is assessed upon any moneyed capital in the hands of individual citizens of this State. Provided further, That the payment of the taxation un-tax hereby imposed upon the shares of any bank now liable to a laws. tax upon its capital stock under any law of this State shall, for Certain banks exempt from der existing CONCERNING THE PUBLIC REVENUE. each year for which such payment shall be made, exempt such bank or banking association from the payment of the tax to which it is now subject under existing laws. dividends. SECTION 2. Be it further enacted as aforesaid, That to ascertain the number of shares so taxable as aforesaid, as well as the value thereof, the president or cashier of each such bank or banking association is hereby required, on the first day of July next after the passage of this act, and on the first days of January and July in each year thereafter, to make out and furnish to the State Treasurer a list of the stockholders of such bank and bank statement to association, together with the number of shares held by each, be furnished and shall also estimate and appraise the actual value of the said Treasurer. shares, and shall verify the said list and appraisement by the oath or affirmation of such president or cashier,-such oath or affirmation being duly attested by some officer of the State authorized by law to administer the same. And each said president or cashier is hereby authorized and required, on or before the first day of July next, and semi-annually thereafter on the first days of January and July in every year, to retain and Deduction deduct one equal half part of the annual tax aforesaid out of any of tax out of dividend or profits declared upon the capital stock of such bank or banking association which may be due and payable unto every such holder of the shares of the said stock; and shall also, To be paid within ten days thereafter, account for and pay over the said Treasurer,amount of tax unto the State Treasurer for the use of the State. When. Where any bank or banking association has one or more branches, the president or cashier of the principal bank, and the president or cashier of each such branch bank shall respectively Branch make the return of the number and value of the shares of the bank of which he is such president or cashier, and shall pay the statement. tax for which the owners of such shares are liable. And if no dividend shall have been declared as aforesaid, sufficient to pay If no divithe tax aforesaid, then it shall be the duty of such president or ent, officer to cashier forthwith to certify the facts, in writing, unto the State certify to Treasurer, who shall thereupon give notice, for a period of two Treasurer. weeks, by advertisement in one or more newspapers of this State, Notice to unto the said delinquent stockholders, calling upon him, her, or them to pay the amount of tax so due as aforesaid; and if, upon the expiration of the term of said notice, the said tax shall not have been paid, the said treasurer shall proceed forthwith to sell sale. at public sale so many shares of the said stock of such delinquent shareholder as may be necessary to pay his, her, or their portion of the tax required to be paid as aforesaid, together with to State banks each to furnish dend suffici State stockholders all costs and expenses of such publication of notice and sale, and Certificate to shall forthwith deliver to the purchaser or purchasers a certifi. purchaser. |