THE LEVY COURT. CHAP. 8; ADDITIONAL ACTS. Deeds shall receive as a compensation for his services an amount to be fixed and paid Compensation. by the Levy Court Commissioners of the said connty.] bles to be given tisement. collectors to make lists. Notice of sale. How given. [SEC. 28. That on the twentieth day of May of each year it shall be the duty of the Chap 562,vol.19. County Comptroller of New Castle county to advertise in two of the daily newspapers of the city of Wilmington for a period of ten days, that if by the first day of June next ensuing the taxes due on any real estate in the said county are not paid the real estate so assessed and taxed shall be levied on, advertised for sale and sold by the sheriff for Real estate taxathe payment of the said tax, in accordance with the provisions of this law. On the notice by adverfirst day of June in each year the collectors of delinquent taxes for New Castle county shall make and send to the County Comptroller lists of tsxes due and unpaid at that Delinquent tax date upon all real estate within their respective hundreds, and they shall upon the same date give written notice to the owners of the said property upon which taxes are due and unpaid as aforesaid, either by delivering the said notice in person, by mailing the said notice to the reputed address of the said owner or own ers, or by posting the said notice on the land on which the taxes are due, that proceedings have been begun for the sale of the property for the payment of taxes. And all tax bills unpaid on the first day of June as aforesaid, as they shall appear upon the said lists received by the County Comptroller from the collectors of the delinquent taxes, shall be filed by the County Comptroller in the office of the Prothonotary of the Superior Court of New Castle county as liens upon the real Unpaid tax bills property upon which the said taxes are due, and it shall be the duty of the Prothono- Prothonotary's tary aforesaid immediately to issue execution thereon, and the sheriff of the said county shall seize, advertise for sale and sell the said real estate; and the said sheriff shall make return thereof and give to the purchaser or purchasers good and sufficient deed Sale. or deeds therefor after confirmation in the manner now by law provided. sheriff of the said county shall deliver to the Receiver of Taxes and County Treasurer of the said county the amount of taxes due upon the property by him sold under the provisions of this act, and after payment of costs distribute the remainder in the manner now by law provided. The said The collector of delinquent taxes of the hundred in which any property is seized under the provisions of this act, together with the County Comptroller, are empowered to be filed in office. How to be made. and authorized to discontinue process begun against any delinquent under the provis- Process to be ions of this act upon payment by the said delinquent of the full amount of the taxes, discontinued on interest, costs and charges to the date of the discontinuance.] [SEC. 29. That all laws or parts of laws inconsistent with this law or inconsistent with or supplied by this law as amended are hereby repealed. ] Passed at Dover, April 28, 1891. payment of tax. Chap. 52,vol 19. CHAPTER 27, VOL. 19, LAWS OF DELAWARE. AN ACT IN RELATION TO THE LEVY COURT OF KENT [AND SUSSEX Chap. 537,vol. 19. COUNTIES.] county let out to SECTION 1. For all work and labor hereafter to be done and for all materials to be Contract for labor and mafurnished in the erection or repair of any building belonging to Kent [or Sussex] terial furnished county, and of any public bridge or causeway [in either of said counties], wher. the cost lowest bidder. in any particular case will probably exceed the sum of one hundred dollars, sealed pro- Chap. 557, vol.19. posals shall be invited for the doing of such work, and the furnishing of such materials, THE LEVY COURT. CHAP. 8. CHAP. 27, VOL. 19. Bond for faithful and the contract shall be let out to the lowest bidder or bidders for the same; provided, performance of however, that bond with sufficient security may be required to be given for the faithful performance of the contract. contract. hundred. Duty of Levy Court CommisSioner to visit the road complained of SEC. 2. Upon complaint made in writing by five residents of any hundred in Kent Complaint of five residents of [or Sussex] county to the Levy Court Commissioner for said hundred, that any road or part of a road in said hundred is not properly worked or attended to by the overseer of Chap. 557,vol.19. said road, or that the money appropriated therefor is being wasted or improperly expended, it shall be the duty of the said Levy Court Commissioner immediately to visit the road or part of a road so complained of, and if in his judgment, such complaint be well founded, it shall be his duty at once to forward said complaint to the president of the Levy Court, and the said president, shall at once appoint three of the Levy Court Commissioners to view said road, and if upon such view and such further investigaCourt to appoint tion of the matters and things complained of, as to them may seem just and proper, the said commissioners shall decide the charge to be well founded, they may either remove the said overseer from his office and appoint an overseer in his place, or may make such other order in the premises as may be required to put such road in proper order and condition, and to stop the waste or improper expenditure complained of. Duty of president of Levy committee to view road and investigate complaints, etc. Upon removal of overseer, his duty. Penalty for warrant and pay over money. Upon the removal of any overseer for the causes aforesaid, it shall be the duty of the overseer so removed, to deliver forthwith to his successor in office, the warrant issued to him, and also to pay over to said successor all money in his hands as road overseer. And a failure to do so within ten days after his successor shall be appointed shall be failure to deliver deemed a misdemeanor, and upon conviction thereof by indictment he shall forfeit and pay a fine of not less than twenty nor more than three hundred dollars, together with the costs of prosecution. And, if in the judgment of said commissioners, any overseer shall have wilfully wasted or misused any of the money appropriated for said road, County Treasurer they shall notify the county treasurer thereof, and the said county treasurer shall theremoney wasted or upon demand of such overseer the amount of money so wilfully wasted or misused, and upon the failure of the said overseer to pay the same for twenty days after such demand, it shall be the duty of the county treasurer to bring suit in his name as county treasurer, to recover the same, for the use of the county before any justice of the peace in [said] county, or if the amount should exceed the jurisdiction of justices of the peace then in the Superior Court. to demand misused. Suit. Chap. 557,vol 19. Chap. 557, vol. 19. Fraudulent receipts. tax receipts. Penalty. SEC. 3. If any collector of taxes for Kent [or Sussex] counties shall give a receipt for an extinguished tax, or shall fraudulently antedate or postdate any tax receipt given by him, or shall give a receipt for any tax which has not in fact been paid, or practice any Reusal to give fraud whatsoever in giving any tax receipt, or shall refuse to gixe a receipt to any taxable who may offer or tender to said collector the amount of the county, road and poor tax assessed against him, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall forfeit and pay a fine of one hundred dollars, together with the costs of the prosecution, and shall also be liable to pay one huadred dollars to any person who may sue therefor before any justice of the peace in [said] county SEC. 4. The Levy Court of Kent [or Sussex] county shall have power at any time to remove from office any collector of taxes, who shall from any cause whatsoever, fail or neglect faithfully and dilligently to perform the duties of his office. And the conviction of a collector of any of the offenses mentioned in the next preceding section shall be a sufficient cause for the Levy Court to remove such collector from office. Chap. 557, vol. 19. Upon the removal from office of any collector of taxes for Kent [or Sussex] county, for any cause whatsoever, his official bond and liability, and the liability of his sureties Chap. 557, vol. 19, Chap. 557,vol. 19. THE LEVY COURT. CHAP. 8. CHAP. 27, VOL. 19. thereunder, shall remain and continue in full force and effect for the breach of any condition thereof. Official bond continued. Term of office. Official bond. SEC. 3. At the general election to be held in Kent [and Sussex counties] in Novem· Election of ber, A. D. 1892, and at every general election to be held thereafter in said [counties County Treasurer respectively], the citizens thereof, having a right to vote for representatives, shall elect Chap 557,vol.19. by ballot some person resident in said county, to be County Treasurer, who shall hold his office for the term of two years commencing on the Thursday next following the first Tuesday in February, next succeeding said general election. He shall, before entering upon the duties of his office, give bond to the State of Delaware, with at least two sureties, to be approved by the Levy Court of said county in the penalty of thirty thousand dollars, with the condition prescribed in Chapter 13 of the Revised Code. In the said bond there shall be subjoined a warrant of attorney to confess judgment thereon; and the said bond and warrant shall be joint and several. If a person elected County Treasurer, shall omit to give bond within six days from the commencing of his term of bond, office, the President of the Levy Court shall immediately certify the fact to the Governor, who shall thereupon appoint another person in his place, who shall give bond as hereinbefore required The County Treasurer [of each of said counties] shall have and exercise all the powers and do and perform all the duties now required of him by law, except in so far as the same may be modified or changed by the provisions of this Act, Compensation. and his compensation shall be five hundred dollars per annum, payable quarterly. Warrant. Failure to give Chap. 557, vol. 19. Powers and duties. filled. Upon the happening of a vacancy in the office of County Treasurer for Kent [or Sus- Vacancy; how sex] county from any cause whatsoever, the Governor shall appoint some suitable per- Chap. 557, vol.19. son, resident in said county to fill the vacancy for the residue of the term. vote or death; And in case of a non-election by a tie vote, or if the person elected should die before Vacancy by tie his term of office should commence, then the Governor shall appoint another suitable how filled. person to serve for the whole term. And such appointee shall be required to give bond Bond. Term of office. is other County Treasurers. The Levy Court Commissioners, provided for by this Election of Act shall, at their February session in 1892, elect a County Treasurer whose term of County Treasurer office shall continue until the Thursday next after the first Tuesday in February, 1893. SEC. 6. All laws or parts of laws inconsistent with the provisions of this Act shall be and the same are hereby repealed. Passed at Dover, May 14, 1891. Clerk of the Clerk of the CLERK OF THE PEACE. CHAPTER 9. CHAPTER IX. CLERK OF THE PEACE. SEC. 1. Clerk of the peace to give bond. 5. And of fines by Court of Oyer. SURER. 8. Penalties for neglect. Duty of the court on conviction therefor 10. Early in APRIL and OCTOBER he shall 11. To send to AUDITOR, in ten days, cer- 12. To settle with auditor; when; penalty 13. To dispense marriage licenses; tavern 14. To dispense retailers license; to whom. 16. And furnish them with blanks. SEC. 18. To furnish sheriff with copy of sentence in criminal cases. And of orders of sale of convicts. To enter return of sale. 19. To report sales to treasurer in DECEM BER. 20. To issue warrants to FENCE VIEWERS And post notices of their appoint ments. 21. To deliver sheriff list of voters in Au GUST. 22. Shall not purchase witness fees; pen- 23. To publish list of licenses, in OCTOBER. 27. To post assessment list; contents. To deliver copies of road orders to 29. Penalty for neglect. 30. To send abstracts of assessment lists 31. Also copies of the minutes of the Levy Copies of assessment lists on request of the auditor. 32. Penalty for neglect of duty; forfeiture. Act in relation to the Clerk of the Peace Act to authorize the Clerks of the Peace of New Castie, Kent and Sussex Counties to destroy certain papers. SECTION 1. Every Clerk of the Peace hereafter to be appointed, Court of Oyer. shall give bond as required by Chapter 24. Abstract of fines to be sent auditor And sales of convicts. SEC. 2. He shall, ex officio, be clerk of the Court of Oyer and Terminer. HIS DUTIES. SEC. 3. It shall be his duty, within thirty days after the end of every term of the Court of General Sessions of the Peace and Jail Delivery in his county, to transmit to the auditor an abstract, certified under his hand and seal of office, of every case in said court in which a fine or forfeiture was imposed at said term, stating the name of the party, the name of the sheriff, and the amount of the fine or forfeiture. SEC. 4. He shall also, on the first Mondays of September and March in every year, transmit to the auditor an abstract, certified as aforesaid, of the returns of the disposal of persons as servants, whether in execution of judgments, or in obedience to orders of said court; showing the sum obtained, the fine or restitution money, and costs, and the name of the sheriff. CLERK OF THE PEACE. CHAPTER 9. SEC. 5. Whenever a fine shall be imposed by the Court of Oyer And of fines in and Terminer, he shall, within thirty days after the end of the Court of Oyer. term, certify the same in manner aforesaid, to the auditor, with the name of the sheriff chargeable. court. SEC. 6. In case of the return of the disposal of a person as a ser- Of sale of convant by an order of the Court of Oyer and Terminer, he shall victs in said within twenty days after the said return made, certify the same, also in like manner, to the auditor, with a note of the fine and costs. SEC. 7. He shall also, immediately after every term of the afore- To State said Court of General Sessions in his county, transmit by mail to the state treasurer, an abstract of all fines and forfeitures imposed Fines, &c. by said court at said term. SEC. 8. If the Clerk of the Peace fail to perform any of the duties imposed by the five preceding sections, he shall be deemed guilty of a misdemeanor, and shall be fined not exceeding one hundred dollars. It shall be the duty of the court in which the conviction shall be, to cause a copy of the record of such conviction to be transmitted to the general assembly. Treasurer. Penalty; $100. Peace Certificate. SEC. 9. The Clerk of the Peace shall [deposit to the credit of the Clerk of the State Treasurer and the County Treasurer, respectively, in the Pento deposit Farmer's Bank, at the county seat of the Clerk of the Peace, all moneys received by him and payable to the State or county, within Chap. 370,vol.14. seven days of the receipt thereof, and thereupon send to the State Treasurer and County Treasurer, respectively, by mail, a certificate of deposit. A failure by said clerk to make such deposit within such time shall be a misdemeanor, forfeiting ipso facto his office; ure of office. and such failure to put into the post office, within the prescribed time the certificate of said deposit, duly addressed to the State Treasurer or County Treasurer, shall be a breach of the condition of his official bond.] Neglect, forfeit public money, OCTOBRR. SEC. 10. He shall, semi-annually, on the first Tuesdays of April To account for and October, or within three days after each of said days, plainly in APRIL and state, under his hand, a full and true account of all money by him received, or for which he is accountable, for fees to the State for marriage, retailers, and peddlers' licenses, licenses to venders of tin or japanned wares, [licenses to manufacturers, licenses to persons, hap. 8, sec. 1, associations of persons, firms or corporations engaged in or desiring vol. 14. to engage in the business of purchasing and selling produce, goods, wares and merchandise or other property whatsoever,] and licenses to the owners of stallions or jacks, and for fees on the appointment And deposit it. of constables; and deposit to the credit of the State Treasurer, in the Farmers' Bank, at the county town of said clerk, the full amount due on such account, and send such account to him by mail, with a certificate of such deposit thereon indorsed. Certificates. A failure to state such account and make such deposit within Failure. the time prescribed shall be a misdemeanor; and such failure, as |