The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-10-03

the other defendants In this cause as
commissioners of the Levy Court oil
New Castle comfy, and upon the tax
payers OF said county a gross fraud
with respect to the said sum of twelve
hundred and sixteen dollars and forty.
two cents, being the amount of coun'
ty, poor and negro school taxes col.
lected or received and not accounted
for by him, as hereinafter stated:
That the said George W. Mckee, col.
lector as aforesaid, at the March tel
OF the said Levy Court, to wit: on the
eleventh day OF March, A. D., eighteen
hundred and ninety-one, filed In said
court list purporting to be list of
delinquent taxables In order that the
amount of taxes assessed upon said tax
ables might be allowed to him by said
Levy Courtas errorsand credit given to
him for the same; which said list pur-
porting to he an error or delinquent
list was. after examination by the ap-
propriate committee appointed by the
said Levy Court for that purpose, and
the report OF said committee upon the
same, approved by the said Levy Court
on the twenty-seVenth day OF March,
A. D., eighteen hundred and ninety
one; the said Levy Court during, prior
to and ever since the said March term,
A. D., eighteen hundred and ninety
one, having been and now being COM
posed OF all of the defendants In this
cause as commissioners thereof. That
the said Levy Court at Its said March
term did in fact make settlement and
allowance to and with tho said George
w. Mckee. collector as Aforesaid, of
and upon said list 80 filed by him pur-
porting to be an error or delinquent
list. and the said George w. Mckee
was in fact credited with the amount
thereof.
That the said list purporting to be
an error or delinquent list returned by
the said George W. Mckee, collector
as aforesaid, to the said Levy Court,
was not a true error or delinquent list,
but on the contrary was fraudulent
and untrue in that the said Geo.
w. Mckee knowingly, fraudulently
and unlawfully included In said list
the names of very large number of
persons, to wit, eleven hundred and
twelve persons, residing in the said
Southern district of Wilmington hun
dred, who were duly assessed for
county, poor and negro school taxes,
or some of said taxes, for the year
eighteen hundred and ninety, and all
OF whose said taxes, amounting to the
said sum of S1,21642, had been receiv-
ed In full by the said George W. Nc
Kee, collector, as aforesaid, before he
made return to the said Levy Court of
said list as aforesaid.
And these defendants aver that at
the time of the making of said settle
ment and allowance and the giving OF
sald credit to the said George w. Nc
Kee of and upon said lists SO fraudu-
lently returned purporting to bean er.
ror or delinquent list. they and all OF
them were in total ignorance of the
said list had been untluly and fraudu-
lently prepared and returned In such
| manner as TO include the names of said
large number OF persons or of any per-
son who had been duly assessed Tor a
county, poor or negro school tax, and
whose tax had been paid to and re-
ceived by the said George W. Mckee
tOllector as aforesaid. And these de-
PENDANTS further aver that they and all
of them and, as they verify believe, all
the other members of said Levy Court
We're at all times and continued in to-
tai Ignorance OF tho fraud and illegali-
ty SO practiced by the said George W.
Mckee collector as aforesaid, upon the
said Levy Court until long after March
A. ID. eighteen hundred and nlnety-one
to wit until about the beginning of
June, A. ID. eighteen hundred and nine.
ty-one.
And these defendants are advised
and claim that by reason of the fraud
80 practiced upon the said Levy Court
by the said George W. Mckee, collec.
tor as aforesaid. the action of the said
Levy Court in making settlement and
allowance, and giving credit To and
with tho said George w. Mckee as
aforesaid for or on account of the said
eleven hundred and twelve persons
who weredulyassesse for county, poor
/ and negro school taxes, or some OF
them, for the year eighteen hundred
and ninety, and whose taxes, amount
ing to the said sum OF twelve hundred
and sixteen dollars and forty-two
cents as aforesaid, were duly received
by the said George w. Mckee, collec.
tor as aforesaid, was without effect
and nullity, and that by reason of
the said fraud of the said George w.
Mckee the balance of taxes due from
tho said George W. Mckee was not
settled and determined by the said
Levy Court at the March term thereof,
and tho amount chargeable against the
said George W. Mckee and his said
sureties In his official bond WAS not
thereby ascertained and fixed, and that
there was, during the said March term
OF the said Levy Court, no final adj
iustment of the settlement of ac-
counts of the said George w Mckee,
collector as aforesaid, and that the
said George ". Mckee and his said
sureties in his said official bond are
now chargeable with the said sum OF
twelve hundred and thirty-three dol
lars and eighty-tiyc cents. together
with legal interest on the principal
thereof from tie seventeenth day OF
September, A, D., eighteen hundred
and ninety-one.
Sixth. These defendants for fur
Their answer aver that no certificate as
required by the statute in that behalf
has been made or given by the county
comptroller of New Castle county to
said Levy Court, or to any OF the
members thereof, of the full payment
OF all balances OF taxes as settled and
determined by the said Levy Court us
due from the said George. w. Mckee,
collector as aforesaid; and they are
further advised and claim that it was
and is beyond the power of the county
comptroller for said county by the
making or giving of any certificate to
conelusiYely determine that any ball
ance of taxes due from the said GeorgeI
w. Mckee, collector as aforesaid, has
been settled and determined by the
Levy Court at any given amount OF
money.
Seventh. These defendants for fur
Their answer admit that ON the severn
teenth day of September, A. d..
eighteen hundred and nlnety-one, and
after the said sum of seven thousandI
five hundred and sixteen dollars andl
seyenty-three cents had been paid byl
the said George w. Mckee, collector,