CHAPTER 126 - LEVY COURTS, NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 43 OF THE REVISED CODE OF DELAWARE IN RELATION TO THE LEVY COURT OF NEW CASTLE COUNTY.

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

Section 1. That Chapter 43 of the Revised Code of Delaware (1915) be and the same is hereby amended by repealing all of 1013. Sec. 1. thereof, and by substituting in lieu thereof the following:

1013. Sec. 1. The County of New Castle is hereby divided into three Levy Court Districts. All that portion of New Castle County, which is now, or may hereafter be, contained within the corporate limits of the City of Wilmington, shall be the First Levy Court District; all that portion of New Castle County, except as contained in the First Levy Court District as hereinbefore defined, and except as contained in what is known as Pencader Hundred and Red Lion Hundred and St. Georges Hundred and Appoquinimink Hundred and Blackbird Hundred, shall be the Second Levy Court District; and all that portion of New Castle County, which is contained in what is known as Pencader Hundred and Red Lion Hundred and St. Georges Hundred and Appoquinimink Hundred and Blackbird Hundred, shall be the Third Levy Court District.

Section 2. That said Chapter 43 of said Code be and the same is hereby further amended by repealing all of 1014. Sec. 2. thereof, and by substituting in lieu thereof the following:

1014. Sec. 2. From and after the first Tuesday in January, A. D. 1937, the Levy Court of New Castle County as it is now constituted and organized, and the terms of office of the several Levy Court Commissioners of said County, as now established by law, be and the same shall be abolished and the office of Levy Court Commissioner as the same is now constituted and the terms of office of the several commissioners are hereby deemed to be abolished, ended and terminated; and from and after the said first Tuesday in January, A. D. 1937, and until the first Tuesday in January, A. D. 1939, the three Levy Court Commissioners elected in New Castle County at the General Election held in said County, on the sixth day of November, A. D. 1934, shall collectively constitute the Levy Court of New Castle County, and shall be styled "Levy Court Commissioners of New Castle County", and they shall not be permitted to succeed themselves on the expiration of their term of office on the said first Tuesday of January, A. D. 1939.

The said Levy Court Commissioners shall meet for organization on the said first Tuesday in January, A. D. 1937, and after taking the oath prescribed by the Constitution, shall proceed to elect one of their number Presiding Officer. Two of said Commissioners shall constitute a quorum for the purpose of organization and for the transaction of business.

From and after the first Tuesday in January, A. D. 1939, the Levy Court of New Castle County shall be composed of three members, one of whom shall be a resident of, and nominated by, each of the three Levy Court Districts as in this Act defined.

At the General Election to be held in the year A. D. 1938, there shall be elected by the qualified voters of New Castle County, three suitable persons, one of whom shall be a bona fide resident and freeholder of each of the three Levy Court Districts as herein defined and qualified to vote at the General Election held in said County.

At the said election held in the year A. D. 1938, there shall be elected by the qualified voters of New Castle County, from the Third Levy Court District as herein defined, one person, having the qualifications aforesaid, for a term of two years, and from the Second Levy Court District as herein defined, one person having the qualifications aforesaid, for a term of four years, and from the First Levy Court District as herein defined, one person having the qualifications aforesaid, for a term of six years.

At the General Election every two years, after the General Election held in the year A. D. 1938, there shall be elected, by the qualified voters of New Castle County, one or more persons, having the qualifications aforesaid, to fill the vacancy or vacancies caused by the expiration of the term or terms of office or otherwise, of the Levy Court Commissioner or Commissioners whose term or terms expire on the first Tuesday of January following.

The persons so elected shall be styled "Levy Court Commissioners," and the term of office after the General Election held in the year A. D. 1938, shall be six years, commencing always on the first Tuesday in January next after the election, and they shall, during their respective terms of office, have and possess the qualifications above set forth, and no person elected Levy Court Commissioner shall be eligible for election for two successive terms.

Section 3. That said Chapter 43 of said Code be and the same is hereby further amended by repealing all of 1015. Sec. 3. thereof, and by inserting in lieu thereof a new section, as follows:

1015. Sec. 3. The Levy Court of New Castle County, composed of the Commissioners elected as aforesaid, shall meet biennially for organization on the first Tuesday in January next after their election, and after taking the oath prescribed by the Constitution shall proceed to elect one of their numbers Presiding Officer. Two of the Levy Court Commissioners shall constitute a quorum for the purpose of organization and for the transaction of business. The Levy Court Commissioners, appointed or elected under the provisions of this Act, as well as the said Levy Court Commissioners serving from the first Tuesday in January, A. D. 1937, until the first Tuesday in January, A. D. 1939, under the provisions of this Act, shall have power to make rules for their government, not inconsistent with the Constitution and Laws of the State, and shall hold meetings of said Levy Court as prescribed by law.

Section 4. That said Chapter 43 of said Code be and the same is hereby further amended by repealing all of 1016. Sec. 4. thereof, and by inserting in lieu thereof a new section, as follows:

1016. Sec. 4. The Levy Court of New Castle County shall meet at the County Building in Wilmington, on Tuesday of each week throughout the year, unless any Tuesday shall be a legal holiday.

The said Court may adjourn, from time to time, as occasion shall require; one commissioner, if no more attend on any day of meeting, or if none attend, the Clerk of the Peace shall have power to adjourn the said Court. Special meetings' may be held, at the direction of the Presiding Officer or any two members, and the Clerk of the Peace shall cause the members to be notified thereof. Special meetings shall be held at the usual place of meeting, and at such meetings any lawful business may be transacted.

Section 5. That said Chapter 43 of said Code be and the same is hereby further amended by repealing 1017. Sec. 5. thereof, and by inserting in lieu thereof a new section, as follows:

1017. Sec. 5. In case of a vacancy caused by the death, resignation, ineligibility or removal from the Levy Court District, or otherwise, and at any time, of any of the members of the said Levy Court, it shall be the duty of the Governor to appoint some suitable person, having the required qualifications, to fill the vacancy so created, pursuant to the provisions of the Constitution in that behalf.

Section 6. That said Chapter 43 of said Code be and the same is hereby further amended by repealing all of 1018. Sec. 6. thereof, and by inserting in lieu thereof a new section, as follows:

1018. Sec. 6. Should any two or more persons voted for as Levy Court Commissioners, residing in the same Levy Court District as in this Act defined, receive an equal and the highest number of votes cast by the qualified voters of the County as aforesaid, at any election, the Superior Court for the State of Delaware in and for New Castle County, sitting as a Board of Canvass in said County, shall certify the facts to the Governor, who shall forthwith select one of said persons to be Levy Court Commissioner of New Castle County from said District, who shall hold the said office for two years from the first Tuesday in January, thence next ensuing.

The Levy Court Commissioners of New Castle County, appointed or elected under the provisions of this Act, as well as the said Levy Court Commissioners serving from the first Tuesday in January, A. D. 1937, until the first Tuesday in January, A. D. 1939, under the provisions of this Act, shall each be paid an annual salary of Twenty-four Hundred Dollars, in equal monthly installments, by warrants according to the form to be prescribed by the Levy Court, and the said Levy Court Commissioners shall not be entitled to have or receive from said County any other or further compensation for any services done or performed by them, or any of them, in the said office by Levy Court Commissioners.

The Levy Court of New Castle County, appointed or elected under the provisions of this Act, as well as the said Levy Court Commissioners serving from the first Tuesday in January, A. D. 1937, until the first Tuesday in January, A. D. 1939, under the provisions of this Act, shall have the direction, management and control of the business and finances of New Castle County, and shall have full and complete jurisdiction over all and every the matters and things now or hereafter vested by law in the Levy Court of New Castle County, or in, or appertaining to, the office of Levy Court Commissioners of said County, and shall have and exercise every power, privilege, right and duty which belongs and appertains to the ,Levy Court of New Castle County, or to the office of Levy Court Commissioner of said County.

Section 7. That said Chapter 43 of said Code be and the same is hereby further amended by repealing all of the third paragraph of 1056. Sec. 44 thereof.

Section 8. That said Chapter 43 of said Code be and the same is hereby further amended by repealing all of 1057. Sec. 45. thereof.

Section 9. It shall be the duty of the present Levy Court of New Castle County, and every Commissioner thereof, and every person having control or possession of any record, book, paper or other property belonging to the said Levy Court of New Castle County to surrender the same to the Levy Court of New Castle County as it shall be constituted under the provisions of this Act, and in case any person shall neglect or refuse to surrender and deliver up such record, book, paper or other property within five days after demand made therefor by the Levy Court, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine not exceeding one thousand dollars, or imprisonment for a term not exceeding six months, or both fine and imprisonment, in the discretion of the Court.

Section 10. That, in the year A. D. 1936, there shall be no nomination and election for Levy Court Commissioners in New Castle County.

Section 11. That all Acts or parts of Acts inconsistent herewith are hereby repealed to the extent of such inconsistency.

Approved April 18, 1935.