Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-03-26
slaa Correspondence Of Gazette and Journal.

complete texI OF tnG NEW castle rive
Commissioners bill, prepared by the
Hon. Thomas Il. Bayard, A. b. Cooper
and Lewis @, Vandegrift, Esqs., and
sent to Dover this afternoon. The i'm
primatur of this committee assures be-
yond all reasonable doubt, the enact
ment of this bill by the General ASSEM-
bly,. 1t is now in the hands of Senator
Williams who will hold it until the
Kent and Sussex bills are ready to be
submitted to the Senate for passage
, An Act in relation to the levy court of
New Castle county.
BE il enacted, &c,
SECTION |. That the levy court of New
Castle county be and the same is hereby
abolished, and the terms and powers of
Office of the members thereof are hereby
ended, and all appointments or elections
by the said levy court of collectors of taxes,
trustees Of the poor, county treasurer, Jail
ommissiOners, cOnsiables bridlge-tel.ders
bailiiis, janitors, and all other officers or
agents since the first day of December, A.
ID. 1891, be and the same are hereby va
Gated, annulled and declared void.
Sec. =. That the county of New Castle
shall, for the purposes of this act be and
the same is hereby divided into five dis
tricts, To witt One shall be composed of
the hundreds of Brandywine, Christiana
and Mill Creek, and shall be known as the
first district another shall be composed of
all that portion Of the city of Wilmington
lying north of Sixth street, and shall he
known as the second district; another shall
be composed Of all that part of Whining
ton lying south of Sixth street. and shall
be known as the third district; another
shall be composed of the hundreds of Red
Lion, New Castle, Pencader and White
Clay Creek, and shall be known as the
fourth district; the remaining district shall
be composed of the hundreds Of st.
Georges, APPOINTMENTS and Blackbird,
and shall be known as the fifth district.
sec. 3. That it shall be and it is hereby
made the duty of the governor before the
-- day of - A. d., 1891, to appoint a
suitable person from each of the districts
named in the foregoing section to be a
commissioner for New Castle county.
Such person SO appointed shall be resi-
dent freeholder, owning real estate in the
district from which he is appointed; and
in making such appointments the COVER
nor shall select from the political party
which in the general election of 1880 cast
majority of the votes in the district from
which such appointment is made The
five members so oappointed shall constitute
board Of commissioners for New Castle
county, but before assuming the duties of
their offices each of said commissioners
shall be sworn or affirmed to perform the
duties of their respective offices with
fidelity.
Sec L. That the members Of said board
shall meet for organization on the - day
of - A. d., 1891, and, after taking oaths
similar to those heretofore prescribed by
law for the members of the levy court for
New Castle county, shall proceed to elect
one from their own number to be the pre-
siding officer. The said president shall
hold office until the first Tuesday in Janu-
ary, A, d., 1888. Three members of the
said board of commissioners, shall besutfi-
cicnt for the purpose Of organization and
shall constitute q quorum for the transac-
tion of business The said board shall
have the power to make rules for its gov
ernment, not inconsistent with the consti-
tuition and laws of the State of Delaware
They shall, at their first meeting, elect
trustees of the poor, Jail commissioners,
constables, bridge-tenders. baliffs, janitors,
and all other officers or agents whose terms
have been determined and vacated by the
operation of this act. Should any person
appointed under the provisions of this act
refuse, neglect or be unable to qualify as a
commissioner, the governor shall appoint
some other person to fill such office from
the same political party to whichthe mem
ber so neglecting, refusing or being unable
shall belong, and should such person fail
TO qualify. within five days, the governor
shall III like manner appoint another in
his stead, and similar proceedings be taken
until an appointee shall qualify; and the
term OF Office of such appointee shall be
the same as if he had been an original ap-
pointee under this act. In case OF the
death, resignation or removal from the
district of any commissioner appointcd
under this act, it shall be the duty of the
governor To appoint some suitable person
to fill such uneNpired term having the
same qualifications and belongings TO the
same political party as the commission in
Whngp rltn
board of commissioners named under this
act and their successors, hereinafter pro-
vided for, shall have as full and complete
Jurisdiction over all and every the matters
and things now vested by law in the levy
court of New Castle county, as at present
constituted, and in the several members
thereof; and shall exercise every power,
privilege, right and day which now by
law belongs to the said levy court Of New
Castle county as fully and completely as
the said levy court now by law is author
lied 10 do; except as the same are or may
be modified by the provisions of this act
Sec. D. That at the general election to be
held in the year 1894, and at the general
election to be held in every fourth wear
thereafter, there shall be elected from
among the resident freeholders of each
district. one suitable person to he mem-
her of the board of commissioners for
New Castle county, to hold office for the
term of four years, commencing on the
first Tuesday i'll the month Of January
next following such election. The quaiii- |
cations OF any commissioner elected under |
the provisions Of this section, the oath to
be taken by him, the method of filling
any vacancy which may occur in the /
office of commissioner, the time at which
such commissioners shall meet for or
ganization, shall be the same as herein
before provided with respect to the first |
commissioners as appointed by the COVER
nor.
Should however, any two or more per-
sons voted for as commissioners of any |
district receive an equal and the highest |
number of votes east at such election, the |
board OF canvass shall certify the fact to the |
governor of the State, who Shall forthwith |
seiect one OF said persons to be the COM
missioner from said district. The county |
commissioners. as provided for under this |
act, shall be paid as compensation for
their services, the yearly sum of eight
hundred dollars, to be paid in quarterly
instalments of two hundred dollars each.
by warrants duly drawn upon the county
treasurer.
Sec. q. That it shall be the duty of the
said levy court and of every commissioner
thereof and of every other person having
possession or control of any records, hooks,
papers or other property relating to the
business oi The said county, forthwith to
surrender, and deposit the same with the
clerk OF the peace of the said county who
shall keep the same subject to the control
OF the board of commissioners provided by
Ems act and IN case the said levy court or