Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-02-25

anu Responsibilities OF his said office i'm
posed upon him by law have already been
and are about to be seriously impaired in
vaded and overthrown, greatly to the en-
barrassment and injury Of all the citizens
Of the said county by the aforesaid CON
tinued unlawful and unwarranted action
and conduct OF the said Levy Court COM
mlssioners in altering and defacing the
said assessment lists, so that il will be
morally and legally improper and unjust
Tor your orator to Join in the certification
OF the correctness and legality of said as
sessment lists when the same come to be
delivered to the receiver Of taxes as pro-
vided by law.
8. And your orator further showeth
unto your honor that the said Levy Court
commissioners have already undertaken,
at their will and pleasure and without
warrant of law to add TO the said assess
ment lists at other times and places, and in
other modes than are provided by the laws
relating to. such additions, that is to say,
that the said Levy Court commissioners at
o date subsequent to the date fixed by law
for the return of the said assessment lists
by the. said assessors, have caused to be
entered upon the said assessment lists the
names OF persons not personally appearing
before the said Levy Court as required by
law, nor youched for by such proof as is
required by law, nor attested in the man
ner prescribed by law, whereby the SAID
assessment lists are not such as are pre-
scribed by law nor proper for the legal cer-
tihcation by.your orator as clerk of the
peace Of the said county when duplicates
are to DO delivered to the officers charged
py law with the collection and receipt of
taxes Of said county.
10. That your orator as clerk of the Levy
Court is powerless TO prevent the aforesaid
DETACHMENT, violation of and unlawful
alterations already committed and which
are threatened and intended 10 be COM
United hereafter in the said assessment
lists, with the safe-keeping of which he is
BY law expressly and officially charged.
II. And your orator further AYERS that
he Is without any adequate remedy at law
for the injuries and wrongs already done
ana committed as aforesaid by the said Levy
Court commissioners, and that the depriva-
ton OF the right of elective franchise and
ms dearest rights as a citizen, and of all
other citizens similarly situated with him
SELF are inperllled by the action and the
threatened, exercise and continued asser-
tons Of unlawful power as aforesaid by
the said Levy Court commissioners, and
that the interpostion and equitable exer-
else OF the restraining power of this
honorable court are necessary to save and
TO prevent him and others in like situation
from an irreparable and grievous injury
Tor which no other remedy exists.
Wherefore your orator prays: That tn c
said Richard G. buckingham, James ii.
Clark, Andrew s. Elason, Isaac n. Grubh,
Paul ellis, Henry ID. Hickman, David T..
Hutchinson. John w. Jolls, Samuel xii.
gore, Robert i. Simpler and Robert Sutton
and each of them may be restrained by the
injunction of this honorable court from
striking from the said assessment lists as
aforesaid made and returned to the said
Levy Court by the said assessors any
names or name whatever appearing upon
the same and returned as taxables of the
SAID county, or from adding to the said
lists any other names otherwise than at
the time and place and in the manner
| provided by law in that behalf, and that
by an order of this honorable court the
names Of such persons as have been so as
aforesaid unlawfully placed upon said lists
by the authority or connivance of the said
| Levy Court commissioners since the return
| OF the said lists by the said asssessors shall
be stricken Off the said lists.
2. And that your orator may have such
Other and further relief as the nature of
| the case may require.
3. That subpoena NAV issue for The
said Richard G. Buckingham, James ii
Clark, Andrew S. Eliason, Isaac n. Grub,
| Paul ellis, Henry d. Hickman, David p.
Hutchinson, John w. Jolls, Samuel XII.
gore, Robert y. simpler and Robert
Sutton as defendants in this cause
WILLIAM l.. BIGGs.
TT. BAYARp, solicitor for COMPLAINANT.
THE AFFIDAVIT.
State Of Delaware, New Castle county.
| S. s On this seventeenth day of February
| A. D., 1892, personally appeared before me,
Charles IL. McWhorter, register of the
court of chancery of the State Of Delaware
IN and for New Castle county, William 7.
Biggs, who being solemnly sworn ac-
cording to law, sayeth that what is con
| tanned IN the foregoing bill, as far as CON
| Germs his own act and suit, Is true. and
that what relates to the act or suit of any
other person or persons he verify believes
to be true. WILLIAM p. BIGGs.
Sworn and subscribed before me, Charles
II. McWhorter, Register in Chancery in
and for New Castle county.
cHANcELLoR's DECREE.
And now to wit this 18th day of Febrn.
ary A. d., 1892, the within bill having
| been read and considered it is ordered BIZ
the chancellor that rule be issued and
| served upon the defendants to show cause
why the injunction prayed by said bill
should not be awarded returnable before
the chancellor in the county court house
| IL Wilmington on Friday the 18th day of
February ut IL a. IN. o'clock and il is
further ordered that the defendants be
and they are hereby restrained until the
| AtdAlAlE anu Dlldi REORGANIZATION OIL SAID
rule from striking from said assessment
lists Of the said several districts and hun.
| dreds of New Castle county aforesaid made
and returned 10 the said Levy Court by
the said several assessors any name OF
names whatsoever appearing upon the
said lists and returned as taxables Of Tie
said county and from adding to the said
lists any other names otherwise than at
the time or times and place and IN the
manner provided by law. And that sub.
pmna be issued MS prayed by the com.
plalnant. w. SALISBURY, chancellor.
THE WRIT ISSUED.
Know We, therefore, the said Richard G
buckingham, James III. Clark Andrew s.
Eliason, Isaac N. Grubb, Paul ellis
Henry ID. Hickman, David 7. Hutchinson
John w. Iolls, Samuel Killgorc, Robert r.
Simpler and Robert Sutton, You and each
Of you, are hereby ordered 10 he and an
pear before the chancellor Of the State 81
Delaware in the county court house. in
Wilmington, in New Castle county, on
Friday, the 10Th day Of February, 1899, al
III o'clock in the forenoon and show
cause why the injunction prayed by SAID
bill should not be awarded.
And it is further ordered that YOU and
each. of you, are hereby restrained, unit
the hearing and final determination Of
said rule. from striking from said assess
ment lists Of the said several districts anc
hundreds of New Castle county aforesaid
made and returned to the said Levy Court
by the said several assessors. any name ol
names whatsoever appearing upon Tho
said lists and returned as taxables of th,
said county, and from adding to said list.
any other names otherwise than at til,
time or times and place and in the manner
provided by law
Witness the Hon. Willard Salisbury
chancellor, Of the state Of Delaware, this
seventeenth day Of February, 1892.
CHARLES II. McWHoRrER,
Register of the Court Of Chancery in anc
far Nnty C',stla potipfy