Evening journal., 1892-02-18

date Fixed by law for the return OF the |
said assessment 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 !
vouched for by such proof as is required !
by law, nor attested in the manner pre- |
scribed by law, Whereby the said assess |
ment lists are not such as are prescribed
| BY law nor proper for the legal certihca
| tion by your orator as clerk Of the peace
of the said county when duplicates are
to be delivered to tbs officers charged by
law with the collection and receipt of
taxes of said county.
TO- That your orator as clerk Of the
Levy Court is powerless TO prevent the
aforesaid defaeement. violation OF and
unlawful alterations already committed
snd which are threatened and istended
to be committed hereafter In the said as
sessment lists with the safe keeping OF
which he Is by law expressly and ofhciaiy
charged
II. And your orator further avers that
be is without any adequate remedy ~
law for the injuries and wrongs areaay
done and committed as aforesaid py the
said Levy Court Commissioners, and that
4
franchise and his dearest rights as citi-
zen. and Of all other citizens similarly
situated with himself are imperilled by
the action and the threatened exercise
and continued assertion CT unlawful
power as aforesaid by the said Levy
Court Commissioners and that the inter
position and equitable exercise of the re-
straining power OF this Honorable court
| are necessary to save and to prevent him
and others in like situation from an ire
parable aud grsvious injury for which no
/, other remedy exists. Wherefore your
orator prays
/. That the said Richard G. Bueking-
ham, James II. Clark, Andrew s Eliason,
Isaac N. Grubb, Paul Gillis, Henry D..
, Hickman. David p Hutchison. John
w. Jolls, Samuel Kilgore. Robert ).
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 afore.
] said, made and returned to the said Levy
! Court by the said assessors, any names Of
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 ia the manner pro
I
. sn order Of this Honorable Court tbs
f names OF such persons as have been so 81
( aforesaid unla Rfully placed upon sale
( lists by the authority or connivance o.
! the said Levy Court Commissioners since
/ the return OF the said lists by the sale
+ assessors shall be stricken off the saiC
I lists.
a 3. And that your orator may hay
, sueh other and further relief as til
! nature Of the case may require
d 3. That a subpoena may issue for tn
e said Richard q Buckingham, James q
d CLARK, Andrew S. Eiason, Isaac N
v Grubb. Paul ellis henry ID. Hickman
: David p Hutchinson. John W. Jolls, Samue
y Kigore, Robert B. Simpler and Rober
Sutton as defendants in this cause
n WILLIAM PIERCE BIGGs
} THOMAS F BAYARD, Solicitor.
d STATE OF DELAWARE, ss
D. NEW CASTLE COUNTY.
y On this seventeenth day Of February
Is a. ID 1892, personally appeared befor
is me Charles h. McWhorter, register OF til
Court Of Chancery of the State of Della
g. ware in and for New Castle county, Wi
., liam P. Biggs, who being solemn
sworn according to law, sayeth that wis
'. is contained in the foregoing bill as fl
er as concerns his own act and deed is tru
~ and that what relates to the act or dee
r. Of any other person or persons ne veri
'o believes to be true.
I'D Sworn to and subscribed before n
this seventeenth day If February. A. =
g. 1892 CHARLES a NEWCOMER,
Ia Register OF the Court Of Chancery
~ and for New Castle county.
~ ~ THE RESTRAINING ORDER GRANTED.
he The Chancellor heard Messers. Baya
air and Lore and after considering {
Re. matter, granted the following restraint
order:
is. And now to wit; this seventeen
Of day of February, A d., 1892, the with
ass bill having been read and considered,
he is ordered by the chancellor that a RI
as be Issued and served upon the defendaI
Jed to show cause why the injuncti
he prayed by said bill should 4
sts De awarded, returnsble before [
les chancellor in the county Court House
So Wilmington on Friday, the 10Th day
off FEBRUARY, instant, at II o'clock 8.
Der And it is further ordered that the {
the PENDANTS be and they are hereby !
80 strained until the hearing and final (
hts termination OF said rule, fr'
aid striking from said assessment lists
New Castle county aforesaid, made .
in. returned to the said Levy Court by I
ers said several assessors, any name or nan
md whatsoever appearing upon said lis
, of and returned as taxables Of the 81
as county, and from adding to the said Ii
ion any other names otherwise than
ent the time or times and place and in
aw manner provided by law. and the 81
lists pena willsbs issued as prayed by
,re- complainant.
as "W SALISBURY, Chancellor. 7
not THE LEVY COURT NOTIFIED
~ It was returned 70 Wilmington 1
~. night and deliver to Register
Chancery Nc Whorter,
This writ the register in chancery 81
Nv to Sheriff Simmons at 10 o'clock It
~ morning. The sheriff served it on
III. ~ Levy Court Immediately.
~ AS prior proceeding for the SAT
/, Il and guidance Of the Levy Court,
Nc Whorter notified it Of the exlstanc'
the restraining order and delivered
~ copy of it, This was the means Of p
ing the Levy Court in cOntsr
g sa Of the chancell1r's order II they p
,ans ceeded to violate the order before serV
IN by the sheriff, as they thereby
ana knowledge Of the existence of the wrt
de- A cory OF THE BILL REQUESTED.
'xes Chairman Buckingham requested