CHAPTER 39

APPROPRIATION ELIJAH S. HUGHES

AN ACT APPROPRIATING THE SUM OF FIFTEEN HUNDRED DOLLARS ($1500.00) TO ELIJAH S. HUGHES IN PART PAYMENT OF SERVICES RENDERED BY HIM IN THE OFFICE OF COUNTY COMPTROLLER OF KENT COUNTY WHEN A LIKE SUM IS PAID TO HIM BY OFFICIALS OF KENT COUNTY, DELAWARE.

WHEREAS, at the general election held on the fifth day of November A. D. 1940, Elijah S. Hughes was a candidate for the office of County Comptroller for Kent County and was declared elected by the Superior Court of the State of Delaware sitting as the Board of Canvass and was issued a certificate of election by that tribunal; and

WHEREAS, the said Elijah S. Hughes, relying upon said certificate of election, duly qualified and entered upon the duties of said office on the seventh day of January, A. D. 1941, and continued to perform the duties of said office until the sixteenth day of March, A. D. 1943, when in pursuance to a recanvass of the votes by the Superior Court of Kent County sitting as the Board of Canvass in accordance with the order of the Supreme Court of the State of Delaware the certificate of election theretofore issued to the said Elijah S. Hughes was rescinded, and a certificate of election was then issued to Frank P. Walker; and

WHEREAS, the said Frank P. Walker did on the sixteenth day of March, A. D. 1943, enter into and thereafter performed the duties of said office; and

WHEREAS, the said Frank P. Walker did thereafter file a suit against the said Elijah S. Hughes in the Superior Court of the State of Delaware,, in and for New Castle County, in assumpsit to recover from the said Elijah S. Hughes the amount of salary incident to the office of County Comptroller for Kent County which had been paid to and accepted by the said Elijah S. Hughes during the time the said Elijah S. Hughes occupied and performed the duties of the office of said County Comptroller; and

WHEREAS, the said Superior Court did on the nineteenth day of February, A. D. 1944, enter an order to the effect that the said Frank P. Walker was entitled to recover from the said Elijah S. Hughes the salary which the said Elijah S. Hughes had received while he performed the duties of said office, and as a result thereof the said Elijah S. Hughes did pay to the said Frank P. Walker the sum of Three Thousand Dollars ($3,000.00) in settlement of said suit; and

WHEREAS, the said Elijah S. Hughes having performed the duties and assumed the obligations for the office of County Comptroller from the seventh day of January, A. D. 1941, to the sixteenth day of March, A. D. 1943, and should be compensated for said service, Now, Therefore,

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

Section 1. That the sum of Fifteen Hundred Dollars ($1500.00) is hereby appropriated to Elijah S. Hughes out of any moneys in the General Fund not otherwise appropriated, in part payment for his services rendered as County Comptroller for Kent County from the seventh day of January, A. D. 1941, to the sixteenth day of March, A. D. 1943; provided, however, that no part of the said Fifteen Hundred Dollars ($1500.00) shall be paid by the State Treasurer as aforesaid unless and until a like sum of Fifteen Hundred Dollars ($1500.00) is paid to the said Elijah S. Hughes by the Levy Court of Kent County, Delaware.

Section 2. That the Levy Court of Kent County is hereby authorized to appropriate and pay to Elijah S. Hughes the sum of Fifteen Hundred Dollars ($1500.00) as part compensation for services rendered to Kent County as aforesaid.

Section 3. The State Treasurer is hereby authorized and directed to pay the said sum of Fifteen Hundred Dollars ($1500.00) to Elijah S. Hughes when he is advised in writing by the Levy Court of Kent County that a like sum has been paid to the said Elijah S. Hughes by the Receiver of Taxes and County Treasurer for Kent County.

Section 4. This Bill shall be known as a Supplementary Appropriation Act and the funds hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Approved February 14, 1947.