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OF PUBLIC REVENUE.

CHAPTER 35.

OF PUBLIC REVENUE.

"AN ACT to re-imburse the National Guard for certain moneys paid into the State Treasury."

Whereas, In the mustering out of the First Delaware Vol- Preamble. unteer Infantry after the war with Spain,there were certain damages done to the Armory and furniture of the First Delaware Volunteer Infantry, in the City of Wilmington, Delaware,

Whereas, The Adjutant General of the State of Delaware Preamble. made demand upon the Quartermaster General of the United States Army for re-imbursement for such damage,

Whereas, Walter S. Alexander, First Lieutenant, Fourth Preamble. United States Artillery, A. A. Q. M., was appointed by Major E. A. Van Andrus, chief mustering officer for Delaware Volunteers, to make an inspection of the Armory and its furniture, and submit the result thereof, and an estimate of damages and deterioration,

Whereas, Walter S. Alexander reported to the said Major Preamble. E. A. Van Andrus, the amount of such damage was six hundred and twenty-five dollars and eighty-five cents,

Whereas, The Treasurer of the United States under date of September 11th 1902, drew his WarWarrant No. 2061 for the sum of six hundred and twenty-five dollars and eighty-five cents, which said sum was paid to the Treasurer of the State of Delaware.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each House concurring therein:)

Preamble.

to pay on war

rant of Gov

ernor $625.85 to Adjutant

Section I. That the State Treasurer pay the said sum of State Treasurer six hundred and twenty-five dollars and eighty-five cents upon the warrants of the Governor of the State of Delaware to the said State Treasurer, said warrants to be drawn by him to the order of the Adjutant General of the State of Delaware,

General.

eral to apply

funds.

OF PUBLIC REVENUE.

Adjutant Gen to be applied by the Adjutant General in payment of the losses and damages appearing in the report of Walter S. Alexander, First Lieutenant, Fourth United States Artillery, A. A. Q. M., amounting to the said sum of six hundred and twenty-five dollars and eighty-five cents.

Approved, April 3, A. D. 1905.

Preamble.

Preamble.

Preamble.

Preamble.

CHAPTER 36.

OF PUBLIC REVENUE.

AN ACT appropriating certain money out of the State Treasury to pay
for the Construction of certain roads under the Provisions of the Good
Roads Act.

Whereas, Acting under the provisions of Chapter 380, Vol-
ume 22, Laws of Delaware being "An Act to Provide for the
Permanent Improvement of the Public Highways in the
State of Delaware," contracts were entered into, by and be-
tween the Levy Court of New Castle County and Stewart &
Donohoe for the construction and improvement of a portion
of the roads between Elsmere and Marshallton and between
Middletown and Odessa; and

Whereas, The applications, specifications and contracts for the improvement to both of the said roads were approved by all the members of the State Highway Commission and the Levy Court of New Castle County; and

Whereas, The said Act provides for a payment by the State of one-half of the cost of the roads constructed or improved under its provisions, but it being contended that the Act appropriating money to carry out the provisions of the said Good Roads Act does not conform or harmonize with that Act; and

Whereas, the question as to the lack of conformity or harmony between the two Acts was not raised until after the said

1

OF PUBLIC REVENUE.

contracts and roads had been made and completed in good faith; and

Whereas, There remains and is due and unpaid to the said Preamble. contractors on account of the one-half of the contract price of the Elsmere road a balance of Two Hundred and Fifty-three dollars and Fifty-one cents ($253.51) and Six Hundred and Seventy-seven dollars and Fifty-six cents ($677.56), which represents one-half of the five per cent of the contract price of the Elsmere road required by the said Good Roads Act to be retained for one year, and on account of the Middletown and Odessa road Nine Thousand Seven Hundred and Thirtyseven dollars and Fifty cents ($9,737.50), being one-half of Ninety-five per cent of the contract price, and Five Hundred and Twelve dollars and Fifty cents ($512.50), being one-half of the five per cent of the contract price, required by the said Good Roads Act to be retained for one year, all of which making a total of Eleven Thousand One Hundred and Eighty-one dollars and Seven cents ($11,181.07); and

Whereas, There reverted to the State Treasury an unap- Preamble. propriated balance of Thirty-six Thousand Five Hundred and Eighteen dollars and Twenty-five cents ($36,518.25) of the appropriations made by the last General Assembly to carry out the provisions of the said Act to provide for the permanent improvement of the public highways; now therefore

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

$11.181.07 to be Donahoe upon

paid Stewart &

conditions.

Section 1. That the sum of Eleven Thousand One Hundred and Eighty-one Dollars and Seven Cents ($11,181.07) be and the same is hereby appropriated to pay Stewart & certain Donahoe, the said contractors, and the State Treasurer be and he is hereby authorized to pay the amount so appropriated to the said contractors on a warrant or warrants drawn by the Levy Court of New Castle County out of any moneys in the Treasury to the credit of the General Fund not otherwise appropriated "when and as soon as the Superior Court of the State of Delaware renders a decision to the effect that under the law above referred to, New Castle County would under any conditions, provided in the said Act

State Treasurer authorized to take necessary

steps to ascer

State.

OF PUBLIC REVENUE.

be entitled to more than one-third of the total appropriation. made by the General Assembly to carry out the provisions of the said Act."

Section 2. The State Treasurer is hereby authorized and directed to take such steps as may be necessary either tain liability of alone or co-operating with Hamilton Stewart and Michael Donahoe, trading as Stewart & Donahoe, the contractors above referred to, to obtain from the Superior Court of the State of Delaware an interpretation of the law above referred to, and a decision as to the right of any one County to claim more than one-third of the total appropriations made by the last General Assembly to carry out the provisions of the said "Act to Provide for the Permanent Improvement of the Public Highways in the State of Delaware."

Approved, April 3, A. D. 1905.

State Treasurer

any contingent fund except

upon warrants.

CHAPTER 37.

OF PUBLIC REVENUE.

AN ACT in relation to all money appropriated by the State for Contingent Funds.

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

Secton 1. That the State Treasurer is hereby authorized not to pay out and directed to keep and retain in the State Treasury any and all monies appropriated by the State, to or for the contingent fund of any State Officer or State Board, until a warrant or warrants and voucher or vouchers shall be presented to him as hereinafter provided.

Section 2. That when any money shall be due any person, firm, or corporation, for the furnishing of goods, wares or

OF PUBLIC REVENUE.

itemized bill,

State Auditor, to be examined by State

merchandise, or the doing of any work or labor, upon the contract or order of any State Officer or State Board (and which ought to be paid for out of his or its annual contingent fund) it shall be the duty of the State Treasurer, upon the presentment to him of an itemized bill for the same, approved warrant with in writing by the State Auditor and the State Officer or approved by Board which contracted for the same, together with a warrant drawn on the State Treasurer signed by said officer or before payment Board,to examine every such bill, and, if he is satisfied with Treasurer. the correctness thereof, to pay the same out of the annual contingent fund, then in the Treasury, appropriated to and for the State Officer or Board, which contracted for the said articles furnished or work done. Upon the payment of any money, as provided in this Act, by the State Treasurer, he File and shall file and preserve in his office every such bill and warrant serve such bill, presented to him as aforesaid.

etc. upon

payment.

pre

not to pay such

Section 3. That the State Treasurer shall not pay any State Treasurer such bill and warrant as is mentioned in this Act, when there bill when conis no money or monies sufficient, appropriated to the contin- tingent fund gent fund out of which the same ought to be paid.

exhausted.

effect immedi

Section 4. This act shall take effect immediately; and all Act to take laws, acts, or parts of laws or acts inconsistent with the pro- ately. visions thereof are hereby repealed.

Approved, March 23, A. D. 1905.

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