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OF THE LEVY COURT.

bond contin

bond and liability, and the liability of his sureties there- Official under, shall remain and continue in full force and effect for wed. the breach of any condition thereof.

County
Treasurer.

bond.

SECTION 5. At the general election to be held in Kent Election of county in November, A. D. 1892, and at every general election to be held thereafter in said county, the citizens thereof, having a right to vote for representatives, shall elect by ballot some person resident in said county, to be County Treasurer, who shall hold his office for the term of two Term of years commencing on the Thursday next following the first office. Tuesday in February, next succeeding said general election. He shall before entering upon the duties of his office, give Official 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 warrant. shall be subjoined a warrant of attorney to confess judginent thereon; and the said bond and warrant shall be joint and several. If a person elected County Treasurer, shall omit to Failure to give bond within six days from the commencing of his term sive bond. of 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 shall have powers and and exercise all the powers and do and perform all the duties 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, and his compensation shall be five hundred dollars per Compensaannum, payable quarterly.

Upon the happening of a vacancy in the office of County Vacancy Treasurer for Kent county from any cause whatsoever, the Governor shall appoint some suitable person, resident in said county to fill the vacancy for the residue of the term.

tion.

how filled.

And in case of a non-election by a tie vote, or if the per- Vacancy by son elected should die before his term of office should com- death, how mence, then the Governor shall appoint another suitable filled. person to serve for the whole terin. And such appointee Bond. shall be required to give bond as other County Treasurers. The Levy Court Commissioners, provided for by this act shall, Election of at their February session in 1892, elect a County Treasurer County whose term of office shall continue until the Thursday next Term of after the first Tuesday in February, 1893.

. OF TIIE LEVY COURT.

office.

Inconsistent SECTION 6. All laws or parts of laws inconsistent with laws repealed. the provisions of this act shall be and the same are hereby

repealed.

Passed at Dover, May 14, 1891.

CHAPTER 28.

OF THE LEVY COURT.

Contracts

Bond for

contract.

AN ACT in relation to the Levy Court of Sussex County.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
SECTION 1.

For all work and labor hereafter to be done, material fur-and for all materials to be furnished in the erection or recounty let pair of any building belonging to Sussex county, and of any but to lowest public bridge or causeway in said county, when the cost in bidder

any particular case will probably exceed the sum of one hundred dollars, sealed proposals shall be invited for the doing of such work, and the furnishing of such materials, and the contract shall be let out to the lowest bidder, or bidders,

for the same; provided, however, that bond, with sufficient formance of security, may be required to be given for the faithful per

formance of the contract. Complaint SECTION 2. Upon complaint made in writing by five dents of hun-residents of any hundred in 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 said road, or that the money appro

priated therefor is being wasted or improperly expended, Duty of it shall be the duty of the said levy court commissioner Levy Court Commis- 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 president of the Levy Court and the said president, shall at to appoint once appoint three of the levy court commissioners to committee, view said road, and if upon such view, and such further and investi- investigation of the matters and things complained of, as to plaints. them may seemn just and proper, the said commissioners shall

of five resi

dred.

sioner to visit the road.

Duty of

gate com

OF THE LEVY COURT.

de

rant and pay over mouey.

Treasurer to

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 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. Upon the removal of any overseer for the Upon re; causes aforesaid, it shall be the duty of the overseer so re-overseer; his moved, to deliver forthwith to his successor in office, the duty. 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 deemed a misdemeanor, and upon conviction thereof by indictment he shall forfeit and pay a fine of Penalty for not less than twenty nor more than three hundred dollars, liver war together with the costs of prosecution, and if in the judgment of the said commissioners; any overseer shall have willfully wasted or misused any of the money appropriated for said road, they shall notify the county treasurer thereof, and the said county treasurer shall thereupon demand of County such overseer the amount of money so willfully wasted or demand misused, and upon the failure of the said overseer to pay wasted or the same for twenty days after such demand, it shall be the misused. duty of the county treasurer to bring suit, in his name as Suit. county treasurer, to recover the same, for the use of the county before any justice of the peace in Sussex county, or if the amount should exceed the jurisdiction of justices of the peace, then in the Superior Court.

SECTION 3. If any collector of taxes for Sussex county Fraudulant shall give a receipt for an extinguished tax, or shall fraudu - receipts. lently antedate or postdate any tax receipt given by him, or shall give a receipt for any tax which has not in faćt been paid, or practice any fraud whatsoever in giving any tax receipt, or shall refuse to give a receipt to any taxable who may Refusal to offer or tender to said collector the amount of the county, ceipt. 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 dol- Penalty. lars, together with the costs of the prosecution, and shall also be liable to pay one hundred dollars to any person who may sue therefor before any justice of the peace in Sussex County.

SECTION 4. The Levy Court of Sussex county shall have Removal of power at any time to remove from office any collector of from office.

OF THE LEVY COURT.

moval of

continued.

Election of

Term of office.

Official bond.

taxes, who shall from any cause whatsoever, fail or neglect faithfully and diligently 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 Upon re- office. Upon the removal from office of any collector of Collector. taxes for Sussex county, for any cause whatsoever, his official

bond and his liability, and the liability of his sureties thereOfficial bond under, shall remain and continue in full force and effect for

the breach of any condition thereof.

SECTION 5 At the general election to be held in Sussex Treasurer. county in November, A. D. 1892, and at every general elec

tion to be held thereafter in said county, the citizens thereof having a right to vote for representatives shall elect 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 judg

ment thereon; and the said bond and warrant shall be joint Failure to and several. If a person elected County Treasurer, shall

omit to give bond within six days from the commencing of his term of 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 Powers and give bond as hereinbefore required. The County Treasurer duties.

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 Compensa- provisions of this act, and his compensation shall be five

hundred dollars per annum, payable quarterly. Upon the Vacancy: happening of a vacancy in the office of County Treasurer

for Sussex county from any cause whatsoever, the Governor shall appoint some suitable person, resident in said

county to fill the vacancy for the residue of the term, and Vacancy by in case of a non-election by a tie vote, or if the person death: how elected should die before his term of office should commence, filled.

then the Governor shall appoint another suitable person to serve for the whole term, and such appointee shall be re

Warrant.

give bond.

tion.

how filled.

OF THE LEVY COURT.

quired to give bond as other County Treasurers. The Levy Bond. Court Commissioners, provided for by this act shall, at their Election of February Session in 1892, elect a County Treasurer, whose County term of office shall continue until the Thursday next after the Term of first Tuesday in February, 1893.

office.

SECTION 6. All laws or parts of laws inconsistent with Inconsistent the provisions of this act shall be and the same are hereby pealed. repealed.

Passed at Dover, May 14, 1891.

CHAPTER 29.

OF THE LEVY COURT.

AN ACT requiring the Levy Court of Sussex County to appropriate a cer

tain annual sum to Cape Henlopen City for the purpose of maintaining its streets.

Whereas the act incorporating the Rehoboth Beach Asso- Preamble. ciation as a private corporation has been repealed by the present General Assembly, and in its stead an act has been passed incorporating Cape Henlopen City as one of the towns of Sussex county, and making it a public municipal corporation with all the privileges and duties of other towns in Sussex county, therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch thereof concurring):

SECTION 1. That the Levy Court of Sussex county be $300 approand it is hereby required to appropriate annually to the com- preces, for missioners of Cape Henlopen City the sum of three hundred ditches and dollars for the purpose of maintaining and repairing the Cape Henlopublic streets, ditches and bridges within its corporate limits, pen City.

SECTION 2. The appropriation of the sum of three hundred dollars shall be made by the Levy Court of Sussex

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