An Act in relation to National Banks in this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That

Tax on stock every person or body corporate owning or holding any share or

in National

Banks,

shares of stock in any national bank or banking association organized, created or established, or which may be hereafter organized, created or established under the provisions of an act of Congress entitled, "An act to provide a national currency, secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof," approved June 3, 1864, or of any supplement or amendment thereto, shall pay to the State Treasurer of this State annually, on the first day of January in each and every year, for the use of the State, a tax of one-half of one per centum on the amount of the share or shares of the capital stock of any such national bank or banking association, owned or held by such person or body corporate.

SECTION 2. Be it further enacted by the authority aforesaid, That for the purpose of levying, assessing and collecting the State Trea- taxes imposed by section one of this act, the State Treasurer make a du- shall, on or before the first day of September next after the passhareholders sage of this act, and on the first day of September in each and

surer to

plicate list of

every year thereafter, make out a duplicate of the names and residences of all the shareholders, and the number of shares owned or held by each in every national bank or banking association in this State, from the list kept in the offices or places of business of such national banks or banking associations, and And assess shall assess a tax of one-half of one per centum on the amount of the shares owned or held by any person or body corporate in any such national bank or banking association, to be paid by such person or body corporate to the State Treasurer, or any collector by him duly authorized to receive the same, on the first day of January next after such assessment shall have been made.

tax.

SECTION 3. Be it further enacted by the authority aforesaid, That if the President and Cashier, or either of them, of any national

CONCERNING THE PUBLIC REVENUE.

and Cashier to keep said

bank or banking association in this State, organized, created or
established, or which may be hereafter organized, created or
established under the provisions of the act of Congress aforesaid,
or any supplement or amendment thereto, shall fail or neglect to
keep a correct list of the names and residences of all the share-
holders in the association, and the numbers of shares held by each,
in the office where its business is transacted, as required by the act
of Congress aforesaid, or shall refuse to permit the State Treasurer
to inspect and copy such list during business hours of each day
in which business may be legally transacted, it shall be the duty
of the State Treasurer to serve notice in writing on the President
and Cashier so in default in neglecting to keep such list, or in
refusing to permit the State Treasurer to inspect and copy

the
same, requesting them within ten days from the service of such
notice to deliver to him, at the time and place designated in said
notice, a correct list of the names and residences of all the share-
holders in such national bank or banking association and the
number of shares held by each shareholder; and if the President
and Cashier of any national bank or banking association, or Peualty for
either of them, upon whom notice as aforesaid has been served, President
shall refuse or neglect to deliver to the State Treasurer such list
at the time and place designated, they shall be guilty of misde- list and re-

fusing to let meanor,

and

upon conviction thereof shall forfeit and pay to the State TreaState a fine not less than five hundred dollars not more than one the same.

surer inspect thousand dollars.

SECTION 4. Be it further enacted by the authority aforesaid, That if any person or body corporate owning or holding any share or shares of the capital stock of any national bank or banking association in this State shall refuse or neglect to pay to the State Treasurer the tax assessed under the provisions of this act upon the share or shares owned by such person or body corporate, for a period of thirty days after the same shall have become due and payable, it shall be the duty of the State Treasurer and he is hereby authorized and required to proceed to col-fasen er firelect the same, and he, and any collector by him appointed as lect to pay hereinafter provided, shall have all the powers for the collection the same of taxes imposed by this act as are granted to collectors of county lected taxes by the provisions of Chapter 12 of the Revised Statutes of this State; and in addition to the remedies granted in said chapter to the collectors of county taxes, the State Treasurer may sue out of the Superior Court, in either of the counties, an attachment in his own name, and attach the dividends of any shareholder so in default in the hands of the Cashier of the bank or banking association in which such shares are held, and may recover in such attachment double the amount of taxes so unpaid and all costs.

each

of State

CONCERNING THE PUBLIC REVENUE.

SECTION 5. Be it further enacted as aforesaid, That the State Collector for Treasurer may appoint one collector for each of the counties of such county the State; such appointment shall be in writing, and notice thereof shall be given in one or more newspapers published in Official bond the county for which the appointment is made. The official bond of the State Treasurer shall be liable for all money received under the provisions of this act by him or the collector whom he Collectors to may appoint. The State Treasurer shall require the collector to give bond. give bond in such amount and with such security as he may approve, conditioned for the collection of all taxes committed to them and the payment of all taxes by them collected to the State Compensa Treasurer; he shall pay to the collector by him appointed two per cent. on the amount of taxes which they may collect, to be deducted from the commissions of the State Treasurer for his services under this act.

tion of Collectors.

SECTION 6. Be it further enacted by the authority aforesaid, That the State Treasurer shall receive for the performance of the duties imposed by this act, three per cent. on the amount of tion of State taxes collected.

Compensa

Treasurer.

SECTION 7. Be it further enacted by the authority aforesaid, That upon the payment in any year of the tax herein provided State banks, by the shareholders in any banking association which has been after conver- changed or converted from a State bank into such banking assosaid tax, to ciation, such State bank so converted shall, for any year such from tax im- tax has been paid by the shareholders aforesaid, be exempt from the payment of the tax provided for in their act of incorporation. and laws of the State applicable to such corporation.

sion, paying

be exempt

posed by their charters, &c.

Rev. Code, An Act to amend Chapter 10 of the Revised Statutes of the State of Delaware, entitled "Assessors," and for other purposes.

24.

Section 7 of

Chap. 10,
Rev. Code

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Section 7 of Chapter 10 of the Revised Statutes of the State of

CONCERNING THE PUBLIC REVENUE.

words rols

slaves stricken out.

Delaware, entitled "Assessors," be and the same is hereby amended Certain by striking out the words "and if of slaves the sex ” in lines four ting to

" and five of said section.

SECTION 2. And be it further enacted by the authority aforesaid, That the said chapter be further amended by striking out all of Section of Section 9 of said chapter, and also by striking out all of Section said Chapter 12 of the same chapter.

SECTION 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the respective Levy Courts of the several counties of this State, at their first meeting after the pas manto to be sage of this act, to cause to be stricken from the assessment stricken book in the respective counties of this State all assessments of sessment slaves, and to deduct the same from the assessment of such persons as may be found assessed therewith.

SECTION 4. And be it further enacted by the authority aforesaid, That in all editions of the Laws of this State hereafter to be Future pub published, the said Chapter 10 shall be published as hereby amended.

Passed at Dover, February 8, 1866.

The assoss

of slaves

from the as

books.

lications.

CHAPTER 4.

STATE'S STOCK IN THE FARMERS' BANK.

Preamble.
Sec. 1. Of the waiver of the right to vote State

stock.

Sec. 2. Act how long to have force.

Deposits.
3. Acceptance of Act.

An Act in relation to this State's Stock in the Farmers' Bank.

WHEREAS this State is the owner of [a] majority of the stock Pronmblo. in the Farmers' Bank, and has, by an act passed at the present session of the General Assembly, given its consent that said bank shall be converted into a national bank;

AND WHEREAS by the charter of the aforesaid Farmers' Bank the State stock is not voted at elections of directors, but she has the right secured to her to appoint three of the nine directors who transact the business of the principal bank, at Dover, and also three of each of the nine who transact the business of each of the branches, thus giving the State twelve of the thirtysix directors of the bank, or one-third of the whole;

AND WHEREAS by the provisions of the eleventh section of the national banking law, being the act of Congress approved on the

CONCERNING THE PUBLIC REVENUE.

the

third day of June, A. D. 1864, entitled “An act to provide a
uniform currency by a pledge of United States bonds, and to
provide for the redemption thereof,” each stockholder in a bank
organized under its provisions is entitled to one vote for each
share of stock held by him, which, upon conversion of the Farm-
ers' Bank into a national bank, would give the Legislature the
power to control the affairs of the new bank or banks, which
power, in times of high political excitement, might be improperly
exercised, and its existence would at all times be dangerous;

AND WHEREAS it is deemed best now to provide against the
evil aforesaid ; Now, therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That in

consideration of the sum of one hundred dollars, to be paid by ver of right the aforesaid national bank or banks to the State Treasurer for to vote state the use of the State, within thirty days after their organization

under the act of Congress mentioned in the preamble hereof, and
a like sum to be paid to him annually thereafter by said bank or
banks for the use aforesaid ; and also that the stockholders of
the said bank or banks will elect as part of the board of direct-
tors thereof such persons, being qualified to serve as directors
under the provisions of the act of Congress aforesaid, not exceed-
ing three for each bank, as the Legislature shall designate by
joint resolution passed at each biennial session, and will continue
them in office until a new designation shall be made by the Legis-
lature in manner aforesaid, the State will waive and will not
exercise her right under the national banking law aforesaid to
vote her stock in the election of directors of said bank or banks.

SECTION 2. And be it further enacted by the authority aforesaid,
That so long as the provisions of the aforesaid section shall be

faithfully observed by the stockholders aforesaid this act shall Deposits. have force and no longer; and furthermore, all deposits now

authorized by law to be made in the aforesaid Farmers' Bank
shall be made in the new bank or banks aforesaid, unless the
General Assembly shall, upon due consideration and hearing of
the said bank or banks, think fit otherwise to order.

SECTION 3. And be it further enacted by the authority aforesaid,
That this act shall be accepted by the stockholders of the afore-
said new bank or banks within thirty days after the time of the
conversion aforesaid or it shall be void ; such acceptance shall be
by resolution, and the fact of the adoption thereof shall be shown
by certificate under the seal of the said bank or banks. The
said certificate shall be delivered to the Governor and be filed by
him in the office of [the] Secretary of State, who shall report the
fact to the General Assembly.

Passed at Dover, Februory 13, 1866.

Act how
long to have
force.

Acceptance of act.