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CONCERNING THE PUBLIC REVENUE.

Deduction
of tax out of
dividends.

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.

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 furatshed 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 deduct one equal half part of the annual tax aforesaid out of any 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 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 divi. the 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 Secretary 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 delin. quent shareholder as may be necessary to pay his, her, or their portion of the tax required to be paid as aforesaid, together with 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.

to State Treasurer,

banks each to furnish

stockholders

CONCERNING THE PUBLIC REVENUE.

Cashier to transfer stock so sola

of bank

cate, under his hand, of the number of shares belonging to such delinquent shareholder, and by him, her, or them purchased, and such certificate shall vest the right to such shares in the purchaser, and upon presentation of such certificate to the cashier of the bank or banking association, the shares in which have been so sold as aforesaid, it shall be the duty of such cashier to transfer upon the books of the bank or banking association the number of shares sold as aforesaid to the purchaser, and to deduct the same from the number of shares held by such delinquent share

holder. If the cashier of any bank or banking association shall Neglect of neglect or refuse to make the transfer as aforesaid he shall be

guilty of a misdemeanor, and upon conviction thereof shall forfeit

and pay to the State a fine of one thousand dollars, and shall be Penalty.

liable to such purchaser, in a civil action, for the value of the shares so purchased as aforesaid.

SECTION 3. Be it further enacted as aforesaid, That the president or cashier of each bank or banking association aforesaid.

performing the duties required by this act, shall be allowed, by Compensa... way of compensation for their services, a commission of two and

one-half per centum upon the amount of tax by them respectively

paid unto the State Treasurer under the provisions of this act. Neglect of

SECTION 4. Be it further enacted as aforesaid, That in case the

president or cashier of any bank or banking association aforestatement,or said shall refuse or neglect, for a period of ten days, after the pay over tax same is required by the provisions of this act, to furnish unto the

State Treasurer a list of the stockholders of such bank or banking association as aforesaid, or to estimate and appraise the value in cash of the said shares, and verify the same under oath or affirmation as is required by the second section of this act, or sball neglect or refuse to retain and deduct and pay over from the dividends or profits aforesaid unto the State Treasurer the amount of tax due upon the said shares, then it shall be the duty of the State Treasurer forth with to obtain a list of the stock holders of the said banks or banking associations whose presi

dent or cashier shall have neglected or refused to perform the State Trea. acts and duties aforesaid, and to estimate and appraise the actual surer to ap: cash value of such shares of capital stock, and after giving public

notice by advertisement unto such delinquent stockholders by name in one or more newspapers of the State, for the period of three weeks, to proceed to sell by public auction and transfer to the purchaser a sufficient number of shares of such capital stock belonging to any delinquent shareholder as may be required to pay the tax due from (each, such delinquent shareholder respectively, together with the costs and expenses incurred in procuring such list of stockholders and making publication and sale as aforesaid.

officer to furnish

. Notice to stockholders

Sale.

CONCERNING PUBLIC REVENUE-ASSESSMENTS.

SECTION 5. Be it further enacted as aforesaid, That the act Act repealed entitled, "An act in relation to National Banks in this State," Vol. 13, p. 4. passed February 16, 1866, be and the same is hereby repealed.

Passed at Dover, April 8, 1869.

CHAPTER 394.

OF THE VALUATION OF PROPERTY

Rev. Code, 27.
Sec. 1. Section 2, Chapter 11, amended

SEC. 1. Assessment of real property to staod for

four years.

Rev. Code 27

An Act to amend Section Two of Chapter Eleven of the Revised Statutes

of the State of Delaware. Of Valuation of Property." Section 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That sec. 2, Chap: Section two of Chapter eleven of the Revised Statutes of the 11, amended State of Delaware be amended by striking out the word “eight in the sixth line and to insert in lieu thereof the word “four," Assessment and by striking out the word "eighth" in the seventh line and perty to

stand four to insert in lieu thereof the word " fourth ;” and that in copies yours of the said Revised Statutes of the State of Delaware hereafter to be printed, the said Section two shall be printed as hereby amended.

Passed at Dover, January 28, 1869.

CONCERNING THE COLLECTION OF TAXES.

CHAPTER 395.

OF COLLECTORS.

Sec. 1. Collectors to attend the places of hold- ' Sec. 5. Settlement of Collectors' accounts when ing elections at certain times for the

made by the Levy Court. purpose of receiving taxes.

Amount allowed the Collectors on the Proviso.

sums paid over. 2. When Collectors shall demand the taxes. 6. Of the remedy against Collectors who of the deductions if paid on certain days

fail to pay over. of the additions if not paid until certain 7. Provisions of the act to apply to the times.

collection of road taxes in New Castle 3. Taxes, when paid over.

county: When settlement shall be made with

Commissioners to elect a Treasurer of the Collectors.

road tax. Pay of Collectors.

His duties,-pay of. 4. Taxes not paid at a certain time to be col. S. When the Collector of road taxes shall lected at such times and places as the

settle. Collectors may choose.

9. When the Treasurer of road taxes shall Additional per centage.

settle.
10. Inconsistent acts repealed.

An Act concerning the Collection of Taxes.

Collectors to

taxes.

Proviso.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That it shall be the duty of collectors of county attend the and poor taxes in the several hundreds of New Castle county holding elec- to attend at the places of holding the general election in their tain times, respective hundreds on the first Saturday of May, June, July, of receiving Perce Portes August

, September, October and November, between the hours of nine o'clock A. M. and five o'clock P. M., in the year eighteen hundred and seventy, and every year hereafter, for the purpose of receiving the county and poor taxes, and all other taxes hereinafter provided for: Provided that when a hundred has been divided into two or more election districts, the collector shall receive the taxes at the different voting places alternately: And provided also, that taxes due in any part of the hundred shall be received at any voting place at which they shall be tendered.

SECTION 2. That the said collectors shall on the first Saturday Collectors

of May aforesaid demand from all persons liable to pay taxes the sums respectively charged to them on the duplicate or dupli

cates, and the said collectors shall deduct from the amounts of of the de-, said duplicates three per centum on all amounts paid on the first ductions if

Saturday in May; on the first Saturday of June shall deduct the tain days.

sum of two per centum from amount of said duplicates; on the first Saturday of July shall deduct the sum of one per centum

from amount of said duplicates; on the first Saturday of August of the addi- shall collect the amount of said duplicates; on the first Saturday tions if not in September shall demand in addition to the sums charged as certain days aforesaid the further sum of one per centum; on the first Satur

When the

shall demand the taxes.

paid on cer

CONCERNING THE COLLECTION OF TAXES.

Collectors.

Collectors

day of October the further sum of two per centum; on the first Saturday of November the further sum of three per centum. And the collector shall, in every instance, mark on his duplicate, opposite the name of the person paying the tax, the date of said payment; and the said collectors shall attend at the election for inspector and assessor, and at the general election, and at all special elections, and shall demand, in addition to the amount charged on the duplicates, the per centage that is due or would be due on the regular day of payment next nearest the said election day.

SECTION 3. It shall be the duty of each of the said collectors Taxes, when to pay over, within five days of each of the receiving days paid over. mentioned in the preceding section, to the County Treasurer, Treasurers of the Poor, and to all other persons entitled, their respective proportions of the amounts so received, including the per centage aforesaid ; and upon making payment as aforesaid, when after the first Saturday of November, the County Treasurer and settlement all other persons entitled shall make settlement with the collec- made with tors and allow them at the rate of four dollars for every one Pay of hundred dollars so received and paid over.

SECTION 4. That from and after the first Saturday in Novem- Taxes not ber aforesaid, the collectors shall collect the taxes then unpaid at pertain time, such time and places as they shall choose, adding unto the taxes when collecand per centage aforesaid the further sum of four per centum : Additional Provided that this additional four per centum shall not be added per centage. to the taxes collected on the day of the general election.

SECTION 5. That the settlement and adjustment of the accounts Settlement of the collector by the Levy Court, as prescribed by Section 21, accounts, Chapter 8, of Revised Code, shall thereafter be made in the when made month of February, in every year, and on all sums received by Court. the collectors between the first Saturday of November and the first Tuesday of February, and paid over within thirty days after the settlement by the Levy Court as aforesaid, the County Trea. A mount surer and all others entitled shall allow the collectors at the rate lectors on of eight dollars for every hundred dollars so received and paid paid over over.

SECTION 6. That in case any of the said collectors shall, within of the thirty days after the settlement described in the preceding against colsection, fail to pay over to the County Treasurer or other persons entitled the balance so determined, the County Treasurer or other over. persons entitled shall immediately proceed upon the official bond of such defaulting collector.

SECTION 7. That the provisions of this act shall apply to the Provisions collection of road taxes in the several hundreds of New Castle of Abbol

to apply to

Proviso.

lectors who fail to pay

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