American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1827-05-29


hv 1t least three advertisements set up in the most
y,ubc nlaces IN his collection district. to demand
and receive from all ,ielinquens the several tpes
which theY haze been adjndged TO pay, and III case
If refusal or neglect to pay the same to levy anu
recover such fines. with constabe's costs Ill the
same summary mode aud fully and amply, TO all
intents aud purposes, as the collectors 81 the coln
y rates and lc,ts may or can, by the laws OF TINS
State, cpllect such rates and leNcs; and II any
collector shall. in any cane, levy Tor or receive
larger sun than the amount OF tie me o hhes actu-
ally due and Of constable costs, OF in case OF sale
beinu made for the recovery thereof, shall not
within ten DAYS after such sale, return the oyerplus
IL any. to the person whose property may be sold,
The party asg,ieved is hereby authorized and en-
powered to sue for aud recover, before any justice
Of the neace, from the said comnissary, or his col
hector ten dollars with costs Of suit in addition 70
the sum which the said party may have pad over
and above the fines actually due.
Sec. %. And be it enacted, That the auditor OF
accounts be, and he is hereby directed and requir
ed 10 procure, at the expense Of the State, good
and sufficient book. in which he shall make rcsu-
lar and fair entries Of the transactions OF the
several military commmissares: and that nc sha
make report of the same. together with all fines
returned, to the Legislature at their annual NEE
ting in January in every year.
Sec IS. .fnd belt enacted, That it any collect
Or appointed by the commissary of either Of the
counties, shall neglect unreasonablv or refuse to
pav over the money which he may have received
ior fines, to such commlssary. when thereto re-
e,uired, after retaining the amount OF the commits
.inns or compensation hereinafter mentioned and
allowed 10 said collector, then the SAID commissa
~ i hereby authorized and empowered to sue for
and recover the same, With costs, before any Jus
tee Of the peace in the county where such default
may happen, who is hereby required to issue exc
cution, without stay. against such delinquent col
lector, in favor Of the said commissary. empower
ing aud requiring any lawful constable to lev,
therefor with costs, in like manner as Tor debts
under forty shillinss.
Sec "a. md be ii enacted, That it shall and
may be lawful for the military commssary IN each
county. TO appoint any one or more OF the collec-
tors Of the county rates and leves, or any other
person or persons at his election, collector or COL
l,ctors Of such fines may be imposed on the Off
GERS, non commissioned officers and prisates; anu
in case Of the appointment OF any collector OF the
county rates and le,ies, to be collector of such
fines, the same shall be made after the first Tues
ilav OF February and before The first Tuesday Of
March annually: and every such collector Of coun
u rates aud leSies 50 appointed, Shall take upon
himself tile duty Of collecting such fines, and SHALL
before lie enters on the duties Of his office, give
bond. with one more good and sufficient free
holders. jointly and seyeraly. in the sum OF one
thousand dollars, lawful money Of the United
States, With warrant Of attorney thereto annexed
for confessins judgment for the said penalty, in
the name Of the said commissary, TO be taken and
approved by the levy cout, at their meeting IN
March annually, conditioned Tor the faithful dis
charge Of his duty in collecting the fines IN hi,
hundred, and the payment over OF the same to the
eomrnissarv, according to the true intent and
meaning Of this act; and in case Of their Or any
OF their refusal Or neglect TO give such bond and
warrant OF attorney, he or they respectively, SO
pegectlng or refusing, shall pay TO the said com
missary htIc Of fifts dollars to be sued for and
recovered in the manner as for the recovery
Of debts under fifty dollars, 10 be applied "a other
fines under this act and every such appointment
OF collector Of county rates and evies to collect
such fines, shall be made and delivered to the col
lector, under the hand and seal ofthe commissary,
at the time Of his appointment; and certificate
thereof Shall be delivered or transmitted by the
saii cnmmssary, to the commissioners OF the levy
court on or before the first Tuesday in March an.
nually: and every such collector Of county rates
and leyics so appointed to collect fines, shall BE-
allowed commissions on all such sums as may thu,
come into his hands and be duly accounted for, a
the rate Of ten dollars for every hundred dollars
which commissions shall be deducted and takeI
ors OF the commissions to be credited to the com
inissary accord NJ to the provisions hereinafter
mentioned: PrVri1ed toUerer, that no such col
lector shall be obliged required to collect an,
fines from persons residing out Of his hundred a
the time Of the delivery Of his list Of fines AM
warrant Of the commissary; and provided also
that the remedy given against collectors Of fines
By the twenty first section Of this act. shall be an,
remain good and available, Notwithstanding tn
giving bond with surety aforesaid.
Sec. IS. .4id he ii enacted. That the commits
sary Of each county, shall annually settle vita tn
auditor Of accounts, in the month Of December
when he shall produce to him the list Of fine
Transmitted him by the returning officers, and ta
account othis transactions as commissary and til
auditor shall charge the said commssary with I'll
amoant Of each list Of fines, with the fine Of e,
ery ilcer who has neglected 10 return his liz