The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-03

decide. It Is not for the Levy Court
commissioners to assume that such
names were Illegally on the ASSESS
ment lists as returned as aforesaid
and that therefore they had the right
to strike them therefrom, for that is
ono OF the points OF contest or contro-
versy In this cause. II these names
were on the assessment lists when re-
turned to the said Levy Court, then
this court has already indicated the
opinion that they could not be strlck-
en- therefrom by the Levy Court com
mis5iunerS.
1t won't do for a majority OF the
Levy Court to say as they have done
In their answer to this paragraph of
the bill that they, as constituting
| majority OF tho said Levy Court, in
tend to cause to lie stricken from snld
assessment lists SO returned as afore-
| said such names and only such names
as the said Levy Court, while engaged
in tho discharge of what they term
| legal duty imposed upon il of rovls-
Ing and correcting lists, shall he salts
fled ON due examination wero unlaw-
fully and do not legally appear there
on.
Finally. / remark TINT the Levy
Court OF New Castle county Is NOT In
the strict sense OF that word court,
| but is body of commissioners elected
and constituted as in the statutes OF
tho Suite is prescribed with limited
and well defined powers and duties
which powers and duties arc in
some respects. and in some re-
| speets only, quasi judicial. but In most
respects ministerial only. ...-.#
THE DECREE.
], therefore, adIudge and decree as
| follows;
And now to wit, this second day of
| March, A. ID. 1892, it appearing to the
chancellor that William Z. Biggs. being
the clerk OF ho peace of New Castle
county and eX-olllcio clerk OF the Levy
Court of New Castle county has q
right to bring and maintain his suit in
| this court, for the cause alleged and
existing and is entitled to decree of
this court for his protection us such
clerk OF the peace and clerk of the
Levy Court; the chancellor, after hear
ing the arguments for the complain
ant and respondents respectively, ara
after considering the same, doth see
lit to order, adjudge and decree. and
doth hereby order, adiudge and decree
that Richard Il. Buckingham, James
IL. Clark, Andrew s. Eliason, Isaac
N. Grub, Paul ellis, Henry u.
Hickman, David z. Hutchinson, john
W. Jolls, samuel hilgore, Robert
ID. simpler ana RoherG sutton,
Levy Court commissioners for New
Castle county beand theyare hereby re-
strained and enjoined from striking
from the said assessment lists made
and returned when and as stated in
said bill of complaint to he said
court hy the said assossors named in
said bill, any names or name whatever
appearing upon the same, and return
cd as taXable5 OF the said county; and
that any other names which have been
added to the said lists otherwise than
at the time and place and in the man
J her provided by law in that behalf
since tho said return of the said ASSESS
menL lists DO and the same are hereby
! ordered to be stricken from the
said lists; and 1t appearing to
the chancellor that Richard g.
Buckingham, james II. Clark,
Paul ellis. David p. Hutehison, John
W. Joll-, and robert Il. Simpler, a
ajority OF tho members Of tho said
Levy ,ourt, did and performed, or
! threatened to perform, the acts, deeds
an tim. Is complained of against the
protOs OF Andrew S. Eliasun, isaac n.
Grubb, Henry ID. Hickman, Samuel
kilgore and Robert Sutton, the min
ority of tho Lovy Court, who in sub
T stance confessed the lii, it Is further
: ordered, adiudged and decroed that
, Ii. Clark, Paul ellis, David Z. Hutchi-
son, John W.Jolls and Robert t. Simp-
Ter, being Il majority of said Levy
Cotlt pay the costs In three months
or attachment