Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1916-08-09
OFFICE ALLOTMENT
IN COUNTY control
Levy Court Attorney Says
Body Has Some Authority
in Joint Building
COMMITTEE TO
MEET COMMISSION

y
ing the location OF offices m the new
county building In his letter Mr. Speak
man suggested cooperation by the
Levy Court end the Public Building
Commission IN the work of office loca.
tion. At the next session of the Legis
lature Mr. Speakmau says additional
legislation can be obtained relative to
the Joint building management The
opinion follows:
August .. 1916
ITO the Levy Court. Of New Castle
county
Gentlemen You have submitted to
me, for my opinion the question
whether the Levy Court has the auth
ority to make any changes in the al.
lotment of portions of the new county
! building TO be used and occupied by
I the courts. by the Levy Court. and by
! the respective county officers as certi-
| fed TO by the New Castle County
| Building Commission
Under the provisions Of Chapter ,
POI. Vol. %, Laws Of Delaware, the !
[ said New Castle County Building |
, Commission has authority. and is re-
quired 10 make the primary allotment |
Of portions of said building for said /
uses. Such allotment has been made by /
the said New Castle County Building
\ Commission. and under the provisions
\ Of said chapter IL is the duty of the
Levy Court to cause certificates OF
allotment 10 be recorded in the re-
corders office for this county. Until
such certificates are recorded no
changes can be made in said allot-
ment by the Levy Court or by any
other body or person After the re-
cording of said certificates of allot-
ment as made by the New Castle
County Building Commission changes
in said allotment are authorized un-
der the provisions of Section 1919 OF
the Revised Code of 1915. which is as
follows:
The Levy Court Of New Castle
county may make and certify an
allotment of portions of the
County Court House of said
county and from time to time
make and certify such changes
therein as II may deem proper and
NJ, to be used and occupied by the
courts OF the State in and for
said county and their officers. by
the Levy Court and its officers.
/ by the Sherif. Register of Wills.
! Recorder. and such other county
| officers as it may deem proper. for
, the use OF the county as jail for
- the temporary detention Of prison
1 ers. and for the New Castle
D County Law Library Association.
r Upon the making of said allot-
q ment or any charges therein. the
$ said Levy Court shall. in writing,
- certify to said allotments or
q changes, and shall file the said
n certificate with the Recorder for
If New Castle county for record;
= and said certificate or the record
n thereof shall be conclusive as to
o the matters therein contained.
d Before the passage Of Chapter los,
Q. Vol. 2S Laws OF Delaware. which is an
e Act entitled An Act to Create a Pub
F. lie Building Commission for the City
e Of Wilmington and New Castle County,
e Prescribing its Duties and Defining its
d Powers. the Levy Court was unques-
n tionably the proper body to make and
e certify changes in the said allotment.
+ under the provisions of said section
y 1913. OF the said Revised Code of 1915,
e and It is still the proper body TO make
e and certify said changes. unless It is
o deprived OF its authority by the pro
r visions of Section 5, of said Chapter
Re los. Vol. %. which is as follows:
IS The commission shall take and
have entire charge Of the County
'e Building for New Castle county
i and the Municipal Building for
: the city of Wilmington now under
u construction. when the same is
a finished II shall be the duty Of
" the commission to keep and main
~ tain in good and proper repair and
condition both of the said build
ings. their furniture and fixtures,
nj and every part thereof; and 70
. see that said buildings are prop
10 erly furnished with heat. light and
rd water; and for this purpose the
commission is authorized to eX-
pend out Of the moneys, herein
H. after provided for, such sum or
sums as may be necessary in the
on premises.
ms This section provided tina. fai
il Public Building Commission for IN
IL city of Wilmington and New Castl
in county shall take and have entir
r. charge Of said County Building whe
es the same is finished ana inmediatel
&c following said provision the said sec
r. ton defines the duties Of the sal
n Public Building Commission. One q
the rules Of construction. in the inter
ed probation Of statutes is thar words {
or general import are limited by word
Ike of restricted import Immediately fo
r. lowing and relating 20 the same sui
II ioct matter. so shat in the constru'
le. ton Of said Section Of said Chapte
ID los OF Vol %. the words Of genera
It import shall take and have entiI
m charge are necessarily limited by III
le words Of restricted import immed
lie ately following. defining the duties {
'es the said Public Building Conmissio
Of which are TO keep and maintain
ull good and proper repair and conditio
lg- both Of said buildings. their furniiui
in and fixtures and every part there'
II and To see that said buildings al
ON properly furnished with heat ligl
mic and water In the performance I
be said duties and only in the perform
10 ance NJ said duties the said Publ
Building Commission is given the al
IN thoritv 10 expend out ~ the none
on, nrovided nv the Levy Court such su'
OF or sums rs may be necessary n N
on, nremiaas The words Of restricted IN
mort defining the duties Of the sa
Public BUILDING Commission do NJ
include the rieht and authority
a. it, ~ Of M