Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-04-24
THE DUTY OF MAGISTRATES.

Levy Courts Attorney says Local Justices
Must not Try Local Cases, Except to Dis
miss or Hold for the Upper Court
The Levy Court did not come to
order until IL O'Clock Tuesday morn
ing, Tor the Republican members prior
to that time, had private conference
with the courts attorney, Henry 9.
Conrad. 1t was stated, after the CON
ference, that they had been getting
some matters in shape for the court.
All the members attended the session
OF the court. Messrs. Armstrong, Ewart
and Elliott, the special committee to
visit Silver Run road, reported that
they found the road in fair condition,
but tho sluice road which is used for
transporting dirt from George w.
Duncan's land to Silver Run road,
needs repairs No report was made on
Duncan's claim of $3.50 for dirt.
Deputy Receiver of Taxes Robert
Burns was. asked whether the resolu-
tion directing Receiver Rettew to ask
former Receiver John L Dickey had
been ssnt to Mr.. Dickey. He said it
had, but no reply had been received.
The county has the cash book used by
Dlckey, but desires the journals and
ledgers. Mr.. Ewart was deputi2ed to
see MIR. Dickey and to request him to
deliver the books.
No report was ready on Seventh street
bridge, and Mr.. Ewart suggested that
the matter be allowed to rest awhile.
The court had made two propositions
of settlement to Contractor Patrick
Fahey, and he had rejected both, and
the speaker had noticed by the papers
that the east approach to the bridge
was settling. So he suggested that it
might be we'll to allow the contractor
to continue to hold the bridge awhile
Tho following resolution was offered
by Mr.. Chandler and was adopted:
Whereas, There appears on the books of
the receiver of taxes II large amount of
e ounty and poor taxes for the years 1860
and 1901. and whereas, the Levy Court of
New Castle county needs the money for
current expenses, therefore, he it
Resolved, That the said receiver of taxes
be instructed and directed to proceed TO sell
all properties on which the taxes are unpaid
for the years 1900 and 1901, on May 18th,
1902.
Mr.. Conrad, attorney for the court,
presented the following opinion con-
corning the fines and forfeitures OF
local magistrates. s
The law passed in 1889 creating the NUM-
cipal Court of the city of Wilmington, gave
TO that court the sole and exclusive iuris-
diction to try and determine all minor
criminal offences and hud the effect of TAX
ing from the justices of the peace the juris-
diction over such offences, which prior to
that time had been vested in and exercised
by the justices.
After Il careful consideration of the matter,
it seems clear to my mind that the justices
of the peace in Wilmington have no right
or authority under existing law to try and
determine any criminal offence committed
within the limits OF the city of Wilmington,
but in such cases only have authority TO
dismiss complaints OF bind over defendants
to the higher court on preliminary hearings.
Consequently in such cases they would have
no right TO impose fines or forfeitures.
The justices still retain jurisdiction over
offences committed in the hundreds adioin-
ing Wilmington hundred and in such eases
they have authority to impose fines and
forfeitures.
1t Is made the duty of all justices TO re-
port to the auditor of accounts in April and
October of each year duly certified list of
the cases in which any fines or forfeituree
hive been imposed and stating the consta-
bic to whom such fine or forfeiture is
ehargeable. Failing to do this the justices
are liable TO tine Of not exceeding 500.
Sundry bills were passed, among them
one of S52 in favor of Harry w. Lowe
for carriages. One of the items was
for five cans used by the grand jury
the rest OF the cabs had been ordered
for the court itself. Coroner Frick was
allowed S239 for expenses and 500 fol
rent of morgue. @