Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-01-30

AT the Meeting of the Levy Court
Tuesday afternoon, the following from As
the court 5 attorney was read:
Mr.. Merritt n. Willis, President If ira
Levy Court December 18th last You otlpra $
a resolution, which was adopted by be La
Levy Court Commissioners, Inqtt sting M ~
opinion trpn the attorney of ihn gnur, rs ia N
certain real estate owned by ytriuus cor NJ
rorntions therein spaciiiad wore or not sub n
jgct to aFs"sst1cAt ana taXtiinn under thl @
nescsswnut ,avs nt Ibis sita;r. bog lcaw a
to SUBMIT ti,e l9]!awirg oririon
st. PrItf nihniic sSchonl---lf the tuition H5
in this ti,,iituiion IL free. then the prour,ty "A
bclangirg to the institution is exempt from k
assus,rclt and taxation. II, on the Other #
hrnd. miiinn is charged TO pupils attending IA
the sanlC, then The real estate belonging ID ii
, tbe institution should be assessed and taxed M
! Hs l,r rt', pstnte. n
siajniq Home, No. I'll East Fifth street NJ
and s,iki"u iintnr, M. All French street 81
Nv u .dyrstandinE If that these two homes Is
1in uand o; ;"siuns1vGs Tor teachers emDoyfd NJ
IN tnr III. MEtj sid the st. Pairicks n
5rhook J DO t,nt nint. that either Of thea
norn,S cciur specifically within the daB "a
, milton 81 'tyrpnFty rsea for school MIR n
poses, and consequently | am Of tie "a
opinion shat the two homes are subject 10 4
isscssIneit ard taxation.
Lot At Wuwnset ard jackson streets in
Wilmington, owned by the st. Vincent and FL
St Paul Society, ard farm in BlAckbi!i II
hundred owned by the st. Jnseph's Colnpd Il
: Schopl-lt is Clear 20 my mind that neither 4
! "a these properties comes within the dah. ~
milton OF property used for school pgr. a
! poses. ain therefore al the opinion thai rs
! they are liable 10 assessment and taxation.
/ The UFsuine Academy--I am informed #
I that at this academy tuition is charged 10 +
pupils, This being the case, ii is clear 10 "a
my mind that the property owned by this t4
acndemy is liable to assessment and taxa. n
tion.
The real estate owned by the German
Catholic Church and school (bounded w M
I Madison. Tenth and Monroe streals i M
exempt from taxation if no tuition R
charged 10 pupils attending the school 'l'n 4
whole premises are evidently used for church
and school purposes. and ordinarily would Wy
be exempt from assessment and taxation
II, however. they charge for pupils in the
school, that. i'll my oplnion, would render n
the school property liable 10 assessment and e
taxation.
The building known as the City Marki
House. occupying portion ~ asssselel tkS
second s,gcat. patwc@n Market and kirSt
streets was bnilt ana Is owned ly the GIN
Market House Co., and | am clesI IN nSN
mind that The building shou;d be Risessc'
to the City Market House Co., ard do lie +
undeFstand why it eyer WAS Ass. iSed other
wise The land lipcn which tie bcitdlnN
stands belongs to the city OF Wilmington
a municipal corporation, and the general
principle Of law is TINT real estate owned by
IA municipality is not liable 10 either county
or State taxation. biy conclusion. there
lore. is that the land should not 3e ass4EPi'3,
but that the building should br asasaaga n
, the City Market House Co., the prsanl
owner.
!, Mr. Ewart offered resolution direct
/ ing the assessor Vi the First district Ia
1 assess the market property at Second
! and Market streets, to the City Market
, House Co. 1t was adopted.
vANDEvER ASKS EXTRA FAY.
Former Coroner Alfred d. Vandevoi
told the Levy Court that he tried Il
secure Legislative action for the appoint
/ ment of u deputy coroner, but that "a
legislature man wanted $40, so we coult
r not afford to have it passed. " lie sait
5 also that he could give the name o
Y the legislator, but he was not asked /,
i do SO.
; Mr.. Vandever was before the cour
S to ask it TO pay his bill of 1868. GO fol
n expenses while coroner, 1899 1900. Hi.
o was salaried office, he said, and thor,
4 were certain expenses he was not OK
n pected to pay. He asked TO be excuse,
for bringing politics into it, but i
clared that Democratic Levy Coly
i had allowed Democratic coroner SUI
a bill. John II. Rodney had said
! salaried officer was not entitled to a.
d penses, and yet he had presented vi
Q of $500 to the court for counsel fees
I The claim was left with the CON-
! mlttec on coroner
Y FINES co TO THE COUNTY.
o The following opinion was road:
1 Mr. Isaac G. Elliott, Chairman of M
Committee Dear Sir: In the matter Iol
fines collected by various officials, va ld
n say that an act entitled IAN Act in rsIa IN
n to fines and forfeitures, - pissed March N Ii
d 1881, provides that all fines and forfeitnln.
q imposed or Incurred after that date shaI b;
q paid TO the county treasurer of the coufty
in which such fines or forfeitures are isl
. posed or incurred, unless by Legislative
enactment such fines or forfoitnres Inv
d otherwise appropriated. cannot tell, with
" out knowing for whit offence the fines wer
k imposed, AS TO whether they are payable /,
n the county or to the State. have satiaRcS
y my mind that fines imposed for violation
!, OF the liquor laws. for gambling and 70
4 carrying concealed deadly weapons are al
y payable to the county and not to the state
d 1t is clear TO my mind that the major par
t OF the tines imposed are payable to tn
o county and not to the State. 1->-,.,
0 Then Mr., Elliott offered TIC follow
d ing resolution which was gdopted
Q Whereas, This court hayjGo been ndyise,
II BY its attorneys that ting fines imnosed il
d the Justices courts Of tbs county are Target
o payable to the county Treasurer, under exist
"a ing laws; therefore-5e II
q mns.iHeu; inaL the clerk of this bod
no1iS tIle (ustllpes of the peace and the con
stables OF thiscounty 10 Immediately ray Il
y INC county Treasurer all fines now remainin
% IN their hands which under the law belong
# % the county; and that all fines so paid {
Y Wy county treasurer be reported by thu
d oIlcer 10 this body.
IS OTHER BUSINESS.
% MI. Chandler desired that the Ameri
IS can Bridge Co. be directed to place tn
G new safety gates, built by it, at Thir
}, street bridge. After some discussion
b IL was decided to lay over the matte
until next meeting 1t is expected tina
o me 6otal cost of the gates will
s 81, 200 to $1,000.
/. The consideration of the bill of
n road jury in Mill Creek hundred wa
d laid over one week
|, Mr.. Elliott informed the court tina
Ie the pennsylvania railroad, in maxim
. us improvements near Claymont, ha
% ahoht closed up one road and propose
re opening another, and desired to tax
1t down portion of the east wing wal
IS 81 the Claymont bridge. He said tina
ar the wall is in bad condition and woul
need repairs, and he thought IL woul
ne 20 all right to let the company hav
>, It. Mr.. Megginson explained that tn
I. VAL IS above race that is to Is
rs abandoned. He thought it would saw
:, me county money to lot the railroa
rd Mr. Elliott was instructed to see th
10 raliroad officials and have their reques
u. put into WrlLiDU md sort a.,