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

And assess tax.

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 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.

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.

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 shareholders 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 shareholders 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 Penalty 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 and Cashier at the time and place designated, they shall be guilty of misde- list and remeanor, 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 thousand dollars.

neglect of

keep

fusing to let

surer inspect

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- In case of relect 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 Rected. 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.

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 sach county the State; such appointment shall be in writing, and notice

of State

thereof shall be given in one or more newspapers published in Official bond the county for which the appointment is made. The official bond Treasurer. 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

tion of Col

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 lectors. 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.

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

Compensa-
tion of State taxes collected.

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.

be exempt

posed by their char

ters, &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 rela

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.

slaves stricken out.

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

stricken out.

SECTION 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the respective Levy Courts of the The assessseveral counties of this State, at their first meeting after the pas-ment of 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.

from the as

books.

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.

lications.

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 Preamble.

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

Of the wai

stock.

CONCERNING THE PUBLIC REVENUE.

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 Farmers' 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 toote 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 directtors thereof such persons, being qualified to serve as directors under the provisions of the act of Congress aforesaid, not exceeding 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 Legislature 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.

Act how long to have force.

Deposits.

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 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, Acceptance That this act shall be accepted by the stockholders of the aforesaid 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, February 13, 1866.