Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1891-07-31
John Mealey
VS..
Richard G. Buckingham, ct al.


Itappears by the bill, and it is admitted
BY the answer in this cause, that George W.
Mckee was appointed by the Levy Court OF
New Castle county a collector of taxes for
the Southern district ofthe city of Whining
ton for the year A. d. 1890; and as such col
| lector of taxes entered into bond to the
State of Delaware in the sum of 100000,
with other pers ons in said bill named, as
sureties which said bond was accepted by
| the Levy Court
That judgment, No. 2o3 to May term,
A. D., 1890, was entered upon the said bond
in the superior court of the State of Della
ware, in and for New Castle county on the
Sth day of July, A. D., 2S9o, against tile SAID
George w. Mckee and his suretes.
The bond is not before me but presume
| il is in the usual form which may be found
in the Revised Statutes of this State. The
sureties in such bond are Of course bound
BY it for the faithful performance of his duty
BY their principal. To this extent their obi
cation extends and no further,
duplicate of the taxes levied BY the
Levy Court is delivered to the collector,
which taxes he is bound to collect, subject
to deductions made by the Levy Court for
delinquents, a list of which delinquents IS
required by the collector to the Levy Court.
Allowance Of delinquents is made by the
Levy Court, and upon such allowance the
collector is credited with the amount thereof.
At the meeting in March in each and
every year as provided in section2I chap
ter of the Laws of Delaware, the Levy
Court shall examine, adjust and settle the
accounts of the collectors, making all just
allowances, and the adjustment and allow
ances shall be final.
The complainant contends that after the
allowance Of the delinquent list returned
by Mckee as collector, his principal, and
his accounts settled in March. It was hnalI
and relies among other things upon authority
cited stating that where a credit has been
allowed a public officer by the government
and his accounts have been settled It is not
competent for the government to open the
accounts and revoke such credit, unless 1t
were originally given through fraud, impo-
sition or mistake.
Now the words "unless it were originally
given through fraud, imposition or mistake"
are very important words and Of significant
import But I do not intend in this or
any other case to be governed or influenced
by any partisan political opinion which may
be urged or even suggested by any cause
Here no such questions are considered or
entertained.
Here the important question is. Did
Mckee, the principal in the bond, receive
in payment Of taxes on the duplicate made
out aud placed In his hands by the Levy
Court any money not accounted for by him
If he did, the proper Judicial authorities
will see to It that he and his sureti es shall
be held to proper accountability in respect
to the same, and at the same time be protec-
ted against any illegal increase in their
liability; but I am not going into this ques-
ton now Although It was said in the
on one side and assented to on
the ether side that the judgment had been
n 4.
The superior court of the State Of Delaware,
h and for New Castle county, and that an
execution had been issued thereon; yet it
nowhere appears, either in the bill or answer,
hat such Execution had been issued OF that
inviting had been done toward the collec-
ion OF sltch execution
It why be necessary % consider such