CHAPTER 123 - LEVY COURTS

AN ACT AUTHORIZING, EMPOWERING AND DIRECTING THE LEVY COURTS OF THE RESPECTIVE COUNTIES IN THE STATE OF DELAWARE TO TRANSFER AND DELIVER TO THE STATE HIGHWAY DEPARTMENT ALL ROAD MACHINERY, TOOLS AND EQUIPMENT OF THEIR RESPECTIVE COUNTIES.

WHEREAS, by an Act of the General Assembly of the State of Delaware entitled, An Act Authorizing And Directing The State Highway Department To Take Over The Full Management And Control Of All Highways In The State Of Delaware Now Under The Management And Control Of The Levy Courts Of The Respective Counties", all the public roads and highways and bridges in the State of Delaware, heretofore under the care and management and control of the Levy Courts of the respective Counties in this State, will be on and after July 1, 1935, transferred to the absolute care and management and control of the State Highway Department, and the said Levy Courts will be thereafter and thereby relieved of any further responsibility therefor; and

WHEREAS, the Levy Courts of the respective Counties in this State have a lot of machinery and tools and equipment, for building, repairing and maintaining roads and bridges, and records relating thereto, in their respective Counties, for which they will have no further use, but which will be of use to the State Highway Department; and

WHEREAS, the interest and maturities of County Bonds, of the respective Counties, are being paid out of the funds allocated to the State Highway Department; and

WHEREAS, for the reasons above stated, it is just and proper that all such machinery and tools and equipment and records of the respective Levy Courts of the respective Counties, for which they will no longer have any use, shall be transferred and delivered to the State Highway Department; therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That on July 1, 1935, the Levy Courts of the respective Counties in this State are hereby authorized and empowered and directed to transfer and deliver to the State Highway Department, for the use of, and to become the property of, the said Department, all of the road machinery, tools and equipment of every kind and description including all records relating to roads and bridges, of their respective Counties and theretofore used by the respective Levy Courts in building, or repairing or maintaining the roads and/or bridges of their respective Counties.

Any Levy Court Commissioner of any of the Levy Courts of the respective Counties in this State, who shall refuse or neglect to comply with the provisions of this Act, within ten days after notice or request in writing from the said State Highway Department; or any Levy Court Commissioner, or agent or servant of any such Levy Court; or any officer or agent or servant of any County in this State, who shall interfere with or prevent, or try to prevent, any such transfer and/or delivery of the said machinery, tools and equipment and records, as in this Act provided, or any of them, shall be deemed guilty of a misdemeanor and, upon conviction thereof by any Court of competent jurisdiction, shall be punished by a fine not exceeding One Thousand Dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment in the discretion of the Court.

Approved April 18, 1935.