Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-09-11
COUNTY COMFfESSsONEIsS.


: |
County Commissioners, to-wit: james
Wilson. J. G.. Wagner, ). V.nAm
ringe, A. III. Morris ani Deiawnr-
Nixon, met at the Court House Mon
day at II O'Clock II, according - law.
The oath of Office was administered b.
Justice Cassidey. Commissioner Wag-
ner was appointed temporary Chair
man. Commissioners Wilson and
Wagner were placed i'll nomination COX
permanent Chairman. The vote was
for Wilson, three; for Wagner, two.
The Board adjourned uMtii 6 clock
z. NJ.
The Board re-aesemblcd at O'clock
The official bond OF Elijah Hewlett,
treasurer eject, was offered for np-
prOval. Questions arising in regard to
law, upon motion OF Commissioner
Wagner. the County Attorney, Mr. NJ.
London, was sent for, ana his alvice
| requested upon various points as they
| arose.
Mr.. Hewlett offered as lis sureties
Messrs. l. b. Granger, John MacRae,
| Robert Henning and A. d. Brown.
The Board accepted the bond subject
to the justification of the sureties,
which had not been done.
| The bond of Mr.. l.. D. Cherry,
| County Surveyor elect, with Elisha
Porter, Edward D. Walker. George
| i. Walker and d. J. Devane as sure
ties, was approved and MIR. Cherry
! took the oaths OF Office.
None of the other officers elect pre-
scented themselves. The Attorney
upon being questioned, gave as his
| opinion that the Board had the power
| to declare the several offices vacant
| and proceed to fill the vacancies, but
they had the power also to give
reasonable time for them TO appear
and file their bonds. He quoted from
the Revised Code in which time was
given until Tuesday at 4 o'clock, Z.
NJ, and advised the Board it would be
safe to follow the old law in this mat
ter. He did not think that acts of the
Assembly should be construed so as to
defeat the will of the people when
they can not mandatory.
Commissioner EanAmringe moved
That further time, until Thursday at
p. H., be given to the officials to file
their bonds.
Commiss oner Morris moved to
amend by giving until Wednesday at
10 a. N.
The Attorney advised them to follow
a safe precedent, and referred them to
the old law which gave until Tuesday,
and he thought this should he given |
them.
Commissioner Morris gave notice that |
he would enter his protest upon ti.c |
minutes of the Board, should the no
ton OF Mr.. VanAmringe be adopted.
The motion being put, Wagner and
VanAmringe voted in the affirmative,
and Morris and Nixon in the negative
hoi
if the postponement until Thursday
would be legal. He gave it as bis
opinion that it would, if the Board
should adjourn from day to day, but he
advised them again that it would be safe
to give until Tuesday; that these per-
sons lad already had one month to pre-
pare their bonds, and it was their
duty to present them to-day. The
Chairman voted for the postponement
until Thursday.
The question Of fixing the amount
of the Sheritf's bond WAS next cDnsid
cred, and Mr.. London's opinion was
asked about it, he said that
section s, chapter 106 Of Battles Re
visal, has no sanction Of law except |
that it is published in Battles Eevisnl,
which has been generally regarded by
people to be law. Mr.. Battle refers |
in this section to chapter 1O5, section
II OF the Revised Code, and seems to
have overlooked all the legislation
since that time. The Radical Rcpnb-
.ican Legislature OF 196S-'69 pa ssed
an act of Assembly making it the duty
Of County Commissioners OF every
county IL the State to make imme-
date examination CT the bonds If the
Sheriff III their respective coErties, and |
if on such examination it shall, in the
opinion OF sad Com mission, rs, be
found that the said bonds are
IN ,uiiicie 1T to secure tie faithful co..
lection and accounting for the county
and State revenues, notice shall be
given to require HIM 10 give other
bonds
The tenth section Of the same act
provides that upon the appointment of
said Sheriff the County COEilill ssiOners
Shall have power t" take new bonds
With sufficient security i'll double the
amount Of taxes to be placed III his
hands for the current year and to JUST
f. by proofs or otherwise his present
bonds That Act of the Assembly was
intended to protect the Taxpayer and
ecure the honest ana faithful dis
Charge OF the duties as Sheriff
and pay over the revenue OF
the State and County. Aud when
the examination is made as pro-
viGeI in chapter IC6, it left it mat
Ter OF discretion with The County Com
miss toner's TO deter mine the amount
Of the bonds. following the example
IF other counties, and ne would III
stance Cumberland, He advise dthe
Board that they should require OF the
Sheriff, bonds sufficient to cover both
he County and State taxes.
The KcSenue Law afforded ample
both to the State and
County under these bonds i the
County Commissioners discharged |
l. cir duty under the law.
lie distinctly stated that the Board
will not be honest to tax payers nor faith
nj in the discharge of their duties I'M
ess they take bonds in fall of the
ar4runt Of all the taxes.
To IL further question from the
Chairman he gave it as his opinion
hat the Sheriff might give his bond
for the execution and return OF pro
,esses without giving the bonds as tax ,,
collector.
Messrs. Morris and VanAmringe
we're appointed committee on rules
IF order,
The same Commissioners were ap-
pointed committee to attend to out
side work of the Board. ,
The application of Daniel Howard
or appointment as janitor, was laid
over until next regular meeting.
The Board then proceeded to
.evise the jury lists, after which there
vas an adjournment until tomorrow {
It II o'clock.
The Board met Ia, lay at II elk,
\. NJ, pursuant to adjournment; pres
mt, James Wilson, Chairman, Com
nissioners Morriss, Wagner, VanAm-
:inge and Nixon.
The official Bond of Elijah Hewlett,
county Treasurer elect, was taken up;
The sureties thereon came forward and
justified to the same, and thereupon
he Bond was duly passed upon. MIR.
Hewlett then come forward and quail
led by taking the oaths of Office as re-
,,1irad NV law