OF THE LEVY COURT.

CHAPTER 22.

OF THE LEVY COURT.

AN ACT Reorganizing the Levy Court of Kent County, and Defining its
Powers and Duties.

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

Court of

SECTION 1. That from and after the first Monday in June, Levy A. D. 1898, the Levy Court of Kent county as now organ-Kent ized and constituted, be and the same shall be abolished, abolished. and the terms, duties and powers of office of the Levy Court Commissioners now composing the Levy Court of Kent county are hereby declared to be terminated and ended on the said first Monday in June, A. D. 1898.

SECTION 2. That from and after the said first Monday in How to be June, A. D. 1898, the Levy Court of Kent County shall be composed. composed of ten members, one [of] whom shall be chosen from From each of the ten Representative Districts into which Kent leered county is divided by the Constitution of this State, in the manner hereinafter provided.

SECTION 3. That in order to carry into effect the pur- Appointposes of this act, James T. Truax, be and he is hereby certain appointed Levy Court Commissioner for Representative Dis-members. trict number one, James A. Clifton for number five, John C. Gruwell for number six, Joseph A. Frear for number seven, and Walter L. Jones for number nine, who shall hold their Term of office respectively until the first Tuesday in February, A. D. office. 1901, and until their successors shall be duly elected and qualified. That David M. Clouds be and he is hereby ap-Appointpointed Levy Court Commissioner for Representative District other number two, Henry E. Mabrey for number three, Benjamin members. C. Cubbage for number four, Nathaniel J. Lank for number eight, and Joshua D. Hill for number ten, who shall hold Term of their office respectively until the first Tuesday in February, office. A. D. 1899, and until their successors are duly elected and qualified.

i

of certain

OF THE LEVY COURT.

Election SECTION 4. That at the general election to be held in the
members. year A. D. 1898 and every fourth year thereafter, there shall
Qualifica- be elected for the term of four years from among the resident
Districts. freeholders from each of the Representative Districts to wit:

tions.

Term of
office.

Election

numbers two, three, four, eight and ten by the qualified voters thereof, one person to be Levy Court Commissioner of Kent County. The persons elected at the said general election in the year A. D. 1898 shall hold their respective offices until the first Tuesday in February, A. D. 1903 and until their successors are duly elected and qualified. And at the general election to be held in the year A. D. 1900 and every fourth of other year thereafter, there shall be elected for the term of four years from among the resident frecholders in each of the following Representative Districts, to wit: numbers one, five, six, seven, and nine by the qualified voters thereof, one person to be a Levy Court Commissioner of Kent County. The persons elected at the said general election in the year A. D. 1900 shall hold their respective offices until the first Tuesday in February, A. D. 1905 and until their successors are duly elected and qualified.

members.

Districts.

Term of
office.

Meeting
for orga-

SECTION 5. The persons appointed Levy Court Commisnization. sioners under the provisions of this act shall meet for organization on the second Tuesday in June, A. D. 1898, and shall take the oath of office now provided by law for Levy Organiza- Court Commissioners; and shall organize by electing one of their number presiding officer, and in case any two of said Levy Court Commissioners shall receive an equal and highest number of votes for said presiding officer, and in case there Tie vote. shall be a tie vote on any other question whatsoever, (all the members of said Levy Court being present and voting) the Clerk of the Peace of Kent County, or such other person as may hereafter be the Clerk of said Levy Court, shall have the deciding vote. Six of said Levy Court Commissioners shall Quorum. be sufficient for organization and shall constitute a quorum for the transaction of business. The said Levy Court Commissioners shall have power to make rules for their government not inconsistent with the Constitution and laws of the Meetings. State of Delaware ; and after their said first meeting they shall meet at the County Building in the town of Dover on the first Tuesday in each and every month in each and every year,excepting the months of June, July, August and September. In case

OF THE LEVY COURT.

of death, resignation or removal from the district of any com- Vacanmissioner elected or appointed under the provisions of this act, it mlled. shall be the duty of the Governor to appoint some suitable person to fill such unexpired term, having the qualifications herein- Qualificabefore required in that behalf. The Levy Court Commis-tions. sioners appointed and to be elected under the provisions of this act, shall have full and complete jurisdiction over all and every Jurisdicthe matters and things now vested by law in the Levy Court powers. of Kent County as at present constituted, and in the several members thereof, and shall exercise every power, privilege, right and duty which now belongs to the Levy Court of Kent County, as fully and completely as the Levy Court now by law is authorized to do, except as the same is or may be modified by the provisions of this act. Should any two or more persons voted for as Levy Court Commissioners of any Tie vote. district receive an equal and highest number of votes cast at any election, the Board of Canvass shall certify the fact to the Governor, who shall forthwith select one of said persons to be Decision Levy Court Commissioner from said district, who shall hold vote. the said office for two years from the first Tuesday in February then next, and at the general election then next to be held in said county a successor shall be elected in said district for the Election unexpired term of two years. The Levy Court Commissioners sor. appointed and to be elected, under the provisions of this act shall be paid as compensation for their services the yearly stum Compenof two hundred dollars, in quarterly installments of fifty dollars sation. each, in lieu of all other compensation, by warrants duly drawn on the County Treasurer. That it shall be the duty of the surrender present Levy Court of Kent county and every commissioner it of books, thereof, and every person having control or possession of any records, books, papers or other property belonging to the said Levy Court of said county, on the said first Tuesday in June A. D. 1898, to surrender and deposit the same with the Clerk of the Peace of the said county, who shall keep the same sub-ruty of ject to the control of the Levy Court Commissioners appointed the Peace. under the provisions of this act. And in case the said Levy Neglect or Court or any commissioner thereof, or any other person having refusal to possession thereof as aforesaid, shall neglect or refuse on books, &c. demand of said Levy Court Commissioners appointed as aforesaid to surrender and deliver up such records, books, papers or other property to the said Clerk of the Peace in and for Kent county, such and every person so neglecting and refus

OF THE LEVY COURT.

ing as aforesaid shall be guilty of a misdemeanor and upon Penalty. conviction thereof shall forfeit and pay a fine of five hundred dollars and be imprisoned for the terin of one year or until the said records, books, papers or other property shall be delivered into the custody of the said Levy Court Commissioner.

Collectors.

Appoint

Powers and duties.

SECTION 6. That the said Levy Court Commissioners at their meeting in March, A. D. 1898, and in each and every ment of. year thereafter, after having settled with the collectors of the said several districts as hereinafter provided, shall appoint for Number, each of the said ten representative districts one qualified voter Districts. resident therein, to be collector of taxes of said district for the year in which he shall be appointed, who shall have all the power and authority and be subject to all the requirements, qualifications and duties heretofore imposed upon collectors Duties of. of taxes in and for the County aforesaid. It shall be the duty of said several collectors in said county to make a full and complete settlement with the said Levy court in January in each and every year, at which time the said Levy Court shall allow each of said collectors such errors, delinquents and unquents, &c. collectable taxes as it shall deem meet and proper. After such

Errors, delin

errors, delinquents and uncollectable taxes and the per centum hereinbefore provided for shall be allowed and deducted from the aggregate amount of the duplicate delivered to each of Collectors said collectors, if then any or all of said collectors are in ineligible' arrears to said county, such collector or collectors as are so in to re-ap- arrears shall be ineligible for re-appointment unless such ar

arrears,

pointment.

Termina

Lion of

rearages shall be immediately paid over to the County Treasurer of said County.

SECTION 7. That from and after the said first Tuesday in terms of February, A. D. 1899, the terms of office of the several trustees

Trustees of the

Poor.

of the poor theretofore appointed by the said Levy Court of Kent county shall then be terminated and ended and the Levy Court Commissioners appointed and to be elected by and under

the authority of this act, be and they are hereby authorized Appoint and directed, and it shall be their duty to appoint for each of Districts. said representative districts a qualified voter of and a resident in the district, and the persons so appointed shall compose the trustces of the poor for Kent County. The said Levy Court shall at its first meeting in February, A. D. 1899, appoint from the even numbered districts five trustees of the poor who shall serve until the February meeting of the said Levy Court in

OF THE LEVY COURT.

ment of

the year A. D. 1900, when their successors shall be appointed saccessors by the said Levy Court for the term of two years, and likewise Term. every two years thereafter. And five other trustees shall be Appointappointed by said Levy Court at its first said meeting in Feb-others. ruary A. D. 1899, from the odd numbered districts, who shall Term. serve until the February meeting of the said Levy Court in the year A. D. 1901, when their successors shall be appointed successors by the said Levy Court for the term of two years and likewise Term. every two years thereafter. In case of a vacancy or vacancies vacancies happening by death or otherwise the Levy Court shall at any meeting thereof fill the same for the unexpired term. In addition to the powers and duties now possessed and imposed Additionupon the trustees of the poor of Kent county aforesaid, it shall of. be their duty to certify to the Levy Court on or before the first Tuesday in March A. D. 1899, and in each and every year thereafter an estimated amount of the appropriation which it will require for the maintenance of the Almshouse for the year succeeding, beyond the produce and income derived from the Almshouse farm; and the said Levy Court shall levy a proper Taxation rate for that purpose, to be levied with the other county rates, almshouse and to be collected by the county collector of said county as Collection provided by this act.

al duties

for

of.

for work,

$200.

SECTION 8. That for all work and labor required to be Contracts done upon the public roads of said county, or for the con-materials, struction, repairs and maintenance of bridges which are main- &c. tained at public expense, and for materials, tools, implements and machinery to be furnished, had, used, for, or on account of said county, where the cost in any particular case, section or district which may be established by said Levy Court which will probably exceed the sum of two hundred dollars, the Levy Exceeding Court shall publicly invite sealed proposals for the doing of Bids. such work and for the furnishing of such materials, tools, implements and machinery, and shall give the contract to the Award of lowest, competent and responsible bidder or bidders, and the contract. said Levy Court shall require of such bidder or bidders a bond to the State of Delaware in double the amount of such Boud for bid with surety or sureties to be approved by the said Levy pertormCourt for the faithful performance of such contract.

faithful

ance.

SECTION 9. That it shall be the duty of the said Levy Overseers Court of Kent county, at its meeting in March A. D. 1899, and in each and every year thereafter, to appoint for each of