Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-11-11

the late collector and II proper person be
appointed TO close up his accounts. and
that their petition he granted without de-
lay.
On the same day, the Levy Court re-
fused the prayer of the surcties and final
ly disposed Of their petition by adopting
a motion for its indefinite postponement.
No further payments were ever made
by Dougherty, and subsequent exami-
nation of his accounts by the Levy Court
revealed frauds or mistakes in the March
settlement which increased their final es-
innate of his Indebtedness to the sum of
SIG, 353.43 for which an execution was
subsequently issued.
The statute referred TO in the petition.
passed March %, 1877, provided That
whenever the sureties in the official bond
of any Collector of Taxes. appointed by
the Levy Court in either of the counties
Of this State, shall have reason to appre-
hcnd loss by reason of thcir suretyship
for such Collector Of Taxes, it shall be
lawful for any two or more of such sure
ties to present a petition to the Levy
Court by which such collector was an
pointed, stating in substance that they
are Surrties in the official bond Of such
Collector of Taxes. and that they have
E"''i Erouih'S !" "fiieNt' alln 30 Hc.tNe
NM 'Hts nave s"slati'i' ' VI VIII sustain,
l'Ns ~ fe"son VI tlclr surtisAhip LOT such
1oifctor ol iaMPs, anu PraElnE lnr ms
removal IRON ounce or 'h case ms oillclal
term silill nave expired' ana ne shail not
nave coEectGd anu accounted 10 me Levy
Court ior aA the tiiNes cnnlhitted 10 MN
lor co@ecton' praying that ne may DC
restraihed from lne Iurther collection oil
any taxes committed 10 MN Tor coliec-
tioh.
it tnen prescrihes fne manner OF verify
ing ana presenting the petition, and pro-
yides that "Ipon the presentation OF any
such peiiiion II snail be the duty OF the
Levy court, as soon as conveniently can
be thereafter 10 inquire into the matter,
ana u the sad Levy court shall he OF
opinion that there IS danger OF loss to
such Sllreties by reason OF their said sure
thyShip the said Levy Court shall have
the power. at once. to remove from office
such Collector of Taxes, and 10 appoint
some citizen Of the Hundred Collector in
his pace for the residue of his term, and
may compel the delivery Of the oflicial
seal and Of the duplicate and warrant to
his successor in olflce, after he shall have
given bond, as other collectors.
4 subsequent clause applying espec-
ially to the case under consideration, pro-
ydes that In case the prayer of any
such petition presented to the Levy Court
shall be to restrain a Collector of taxes
whose term shall have expired, and who
shall not then have collected all the taxes
committed to him for collection. from the
further collection of any taxes committed
TO him for collection. and if the said Levy
Court after inauiring into the matter,
shall he Of opinion that there is danger of
loss to such sureties by reason of their
suretyship. the said Levy Court shall have
power TO issue an order restraining such
late collector from the further collection
Of any taxes committed 10 him, and may
appoint the Collector resident in said
Hundred, or any other citizen Of the Hum
dred, to collect the residue of the taxes
uncoilected by such late Collector and
may compel the delivery of the duplicate
and warrant to tlpe person appointed to
collect the residue of taxes uncollected
by such late Collector, after he shall have
given bond, as other collectors
The other provisions of the statute re-
late in detail to the method of carrying
into effect any order that might be made
by the Levy Court in the premises with
out ieopardizing the interests of Sha pub
lie, and contains inter ala the following:
''Or in case of the appointment of Il per-
son 10 collect the residue of the taxes I'M
collected by Il collector whose term of
office shall have expired as herein pro-
yided. he and his suretes shall be charga-
h,p with nll aNes nnrnllected hy lnis nredn-