CHAPTER 76.
LEVY COURT OF SUSSEX COUNTY.
AN ACT to Amend Chapter 43 of the Revised Statutes relating to the Levy Court of Sussex County, by Reorganizing said Levy Court, defining its powers and duties with respect to the management and control of the affairs of said County, and the construction and maintenance of the Roads and Bridges therein, and to repeal certain Sections of said Revised Statutes relating to said Levy Court.
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 Statutes be, and the same is, hereby amended by striking out 1045, Sec. 33, and by inserting in lieu thereof the following:
"1045. Sec. 33. That from and after the first Tuesday in January, A. D. 1917, the Levy Court of Sussex County, as it is now organized and constituted, be and the same shall be abolished, and the office of Levy Court Commissioner, and the terms, duties, powers and authorities, appertaining thereto, are hereby declared to be abolished, ended and terminated on and after the said first Tuesday in January, A. D. 1917.
That from and after the first Tuesday in January, A. D. shall consist 1917, the Levy Court of Sussex County shall be composed members of three members to be chosen at large in the manner hereinafter provided."
Section 2. That said Chapter 43 be, and the same is, hereby further amended by striking out 1046, Sec. 34 of said Chapter, and by inserting in lieu thereof the following:
"1046. Sec. 34. That at the General Election to be held in the year, A. D. 1916, there shall be elected by the qualified voters of Sussex County three suitable persons, residents of said County, and qualified to vote at General Elections in said County, who shall Compose the Levy Court of Sussex County. At said election one person shall be elected for two years, one for four years and one for six years, and at the General Election to be held every two years after the year 1916, there shall be elected one or more persons, possessing the qualifications as aforesaid, to fill the vacancies caused by the expiration of the terms of office, or otherwise. The persons elected under the provisions hereof shall be styled, Levy Court Commissioners of Sussex County, and the term of office, after the first election held as aforesaid, shall be for six years commencing on the first Tuesday of January next succeeding the election."
Section 3. That said Chapter 43 be further amended by striking out 1047, Sec. 35, of said Chapter, and by inserting in lieu thereof the following:
"1047. Sec. 35. The Levy Court of Sussex County, composed of the Commissioners aforesaid, shall meet for organization biennially on the first Tuesday in January next after the General Election, and, after the qualification of any members elected at said General Election by taking the Constitutional oath of office, 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, except as hereinafter provided. The Commissioners shall have power to make rules for their government not inconsistent with the Constitution, and the Laws of the State. They shall meet at the Court House in Georgetown, on Tuesday of each week throughout the year except in case that any Tuesday be a legal holiday.
The Levy 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.
The Clerk of the Peace shall be the Clerk of the Levy Court and shall have the custody of all books, records and papers.
The oath or affirmation of office, to be taken by the Commissioners, may be administered by the Clerk of the Peace, or by any qualified member of the Levy Court, and an entry thereof shall be made in the minutes of the Levy Court."
Section 4. That said Chapter be further amended by striking out 1048, Sec. 36 of said Chapter, and by inserting in lieu thereof the following:
"1048. Sec. 36. In case of the death, resignation, or other disability or ineligibility of any of the members of the 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.
The Levy Court of Sussex County shall, except as otherwise specified, have the direction, management and control of the business and finances of Sussex County.
It shall be the duty of said Court to take care that the affairs of the County be administered with efficiency and economy, and that the officers and employees of the County chosen and appointed by the Levy Court, shall faithfully perform the duties imposed upon them; and to this end, and for the proper oversight and management of the public business, the Levy Court is hereby empowered to summon and to compel the attendance of witnesses, and each member thereof is authorized and empowered to administer oaths and affirmations.
It shall be the duty of the Levy Court to employ the assistance of experts to institute a proper and modern system of bookkeeping and accounts, so that the financial affairs of Sussex County may be easily ascertained from time to time.
The said Levy Court shall have the power to remove from office any person appointed by it, for sufficient cause shown, and after due hearing; provided that any person so removed shall have the right to appeal from said judgment or decision to the Superior Court, which said Court shall, upon such appeal, either affirm or overrule the judgment or decision of the Levy Court. If such judgment or decision be overruled, the person appealing shall be remitted to his said office or employment and shall be entitled to all arrears of compensation."
Section 5. That said Chapter 43 be, and the same is hereby further amended by adding thereto new sections to be known as 1048 A. Sec. 36 A; 1048 B. Sec. 36B.; 1048 C. Sec. 36 C.; 1048 D. Sec. 36 D.; 1048 E. Sec. 36 E.; 1048 F. Sec. 36 F.; 1048 G. Sec. 36 G.; 1048 H. Sec. 36 H., as follows:
"1048 A. Sec. 36 A. The Levy Court shall have the power from time to time to borrow money in such amounts as they may find necessary to promptly pay the county warrants issued by them, and to issue certificates of indebtedness as evidence thereof. Any money so borrowed shall be applied to the particular fund for which it shall be borrowed, and shall be repaid from the taxes apportioned to such fund, as said taxes shall be collected, provided, that the amount of money borrowed as aforesaid shall not, at any one time, exceed the sum of five thousand dollars, and provided that if the taxes apportioned to any fund, as to which money shall be borrowed, shall not, in any year, be sufficient to pay such money, the deficiency shall be considered in making up the annual estimate for the next year, and a rate shall be levied and apportioned sufficient to equalize such deficiency."
"1048 B. Sec. 36 B., The Levy Court shall have the power from time to time to borrow money upon the faith permanent improvement of roads in such amounts as they shall determine, and to secure the same by the issuance of bonds. The bonds so issued shall be classified and have such form, bear such rate of interest, and have such time of maturity, and shall contain such provisions for registration and redemption before maturity as the Levy Court may determine, provided that no bonds shall be issued except by unanimous vote of the Levy Court. The Levy Court shall in all cases make special provision for the prompt payment of the interest of said bonds, and for the creation of an adequate sinking fund to redeem the same at maturity."
"1048 C. Sec. 36 C. The money arising from the sale of such bonds, less the proper expenses incident to the preparation and sale thereof, shall be expended in the permanent improvement of the roads of Sussex County, or for machinery, tools, implements and supplies as the case may be, in the manner and under the authority as is herein specified for road Work of the second class."
"1048 D. Sec. 36 D. The funds derived from special taxation for the special and permanent improvement of roads, together with any moneys appropriated for the use of the County by the General Assembly for such purpose, may be used by the Levy Court to defray the interest on bonds issued for the purpose aforesaid, and to provide a sinking fund to redeem the same at maturity. In case of any bond issue for the purpose aforesaid, the Levy Court shall annually make provision for the interest due upon said bonds, and a proper sinking fund to redeem the same, in making the annual estimate of expenses and in the levying of the annual taxes."
"1048 E. Sec. 36 E. No issue of bonds in any one year shall be made in an amount exceeding twenty-five thousand dollars, unless the same shall be first approved by the qualified voters of Sussex County."
"1048 F. Sec. 36 F. If the Levy Court shall at any time consider it necessary and proper to borrow money for the purpose aforesaid in excess of the sum of twenty-five thousand dollars, and to issue bonds to secure the money so borrowed, the Levy Court shall, within the time allotted by law for the filing of party tickets, file a certificate under their hands and seals or under the hands and seals of a majority of the Levy Court, and under the seal of the Clerk of the Peace, attested by the Clerk of the Peace, the desire of said Levy Court to have the question submitted to the voters of Sussex County, and it shall be stated in said certificate the purpose for which the money is to be borrowed, the amount of money desired to be borrowed, and the rate of interest to be paid thereon, and thereupon the Clerk of the Peace shall cause to be printed upon the official ballots to be used at the ensuing general election two squares, in one of which shall be the words, "For bonding in the sum of ________ dollars," and in the other of said squares shall be printed the words, "Against bonding in the sum of _________ dollars." The voter shall indicate his choice by marking a cross mark in either of said squares according as he may desire to vote for or against such bond issue. If a majority of the votes cast shall be in favor of bonding, the Levy Court shall, in its discretion, proceed to have prepared said bonds and to offer the same for sale upon the most advantageous terms, and in such amounts as they shall deem proper and necessary. The Levy Court shall keep a permanent record of said bonds as issued, and of the redemption of the same. All bonds issued hereunder shall be signed by the President of the Levy Court, the County Comptroller, and the Receiver of Taxes and County Treasurer, before issuing the same."
"1048 G. Sec. 36 G. In all cases of a submission of the question of issuing bonds to the qualified voters of Sussex County, the Clerk of the Peace shall include in the instructions to voters prepared by him, instructions to the voters with respect to voting either for or against such bond issue."
"1048 H. Sec. 36 H. The bonded indebtedness of Sussex County is hereby limited to an amount equal to five per centum of the total assessed valuation of the taxable property of said county."
Section 6. That said Chapter 43 be further amended by striking out 1049, Sec. 37, of said Chapter, and by inserting in lieu thereof the following:
"1049. Sec. 37. Should any two or more persons voted for as Levy Court Commissioners receive an equal and the highest number of votes cast at any election, the Superior Court of the State of Delaware in and for Sussex County, sitting as a Board of Canvass in said County, shall certify the fact to the Governor, who shall forthwith select one of said persons to be Levy Court Commissioner for said County, who shall hold the said office for two years from the first Tuesday in January, thence next ensuing; at the General Election then next to be held in said County a successor shall be elected for the unexpired term of four years.
The Levy Court Commissioners of Sussex County, elected under the provisions of this Act, shall be paid an annual salary of twelve hundred dollars, in equal monthly installments, by warrants according to the form to be prescribed by the Levy Court, and said Levy Court Commissioners shall not be entitled to have or receive from said County any other or further compensation for any services done and performed by them, or any of them, in the said office of Levy Court Commissioner.
That it shall be the duty of the present Levy Court of Sussex County, and every commissioner thereof, and every person having control or possession of any record, books, papers, or other property belonging to the said Levy Court of Sussex County, on the first Tuesday in January, A. D. One Thousand Nine Hundred and Seventeen, to surrender the same to the Clerk of the Peace of said County, who shall keep the same subject to the control of the Levy Court Commissioners elected under the provisions of this Act; and in case any person shall neglect or refuse to surrender and deliver up such records, books, papers or other property to the Clerk of the Peace as aforesaid, he shall be guilty of a misdemeanor and upon conviction shall forfeit and pay a fine of five hundred dollars."
Section 7. That said Chapter 43 be further amended by striking out 1050, Sec. 38, of said Chapter, and by inserting in lieu thereof the following:
"1050. Sec. 38. For all work and labor required to be done, and all merchandise, tools, materials, implements and machinery to be furnished or had and used by or for account of Sussex County, where the cost in any particular case will probably exceed the sum of five hundred dollars, the Levy Court Commissioners shall publicly invite sealed proposals for the doing of such work, and the furnishing of such merchandise, tools, materials, implements and machinery, and give the contract to the lowest responsible bidder or bidders ; bids so obtained shall be opened publicly in the presence of bidders, or their representatives, who may desire to attend. The said Commissioners may require a such bidder or bidders security, in double the amount of such bid, with surety or sureties to be approved by the said Levy Court, for the faithful performance of such contract. Provided that these provisions shall not apply to the construction, repair and maintenance of roads and bridges unless deemed advisable by the Levy Court."
Section 8. That 1051, Sec. 39, of said Chapter 43 be and the same is hereby repealed.
Section 9. That said Chapter 43 be further amended by adding a new section to be known as 1052 A. Sec. 40 A., as follows:
"1052 A. Sec. 40 A. The Levy Court shall have power to determine upon the form of warrants to be drawn in payment of demands.
"It shall be unlawful for any Levy Court Commissioner, directly or indirectly, to buy, purchase or redeem any County warrant drawn in favor of any other person.
Whoever shall, by special contract or otherwise, do or perform any work, labor or service of any kind for, or furnishing any merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of Sussex County or the Levy Court thereof or any Commissioner of said Levy Court in his official capacity, and shall directly or indirectly to any such Levy Court Commissioner of said County, or to any other person whomsoever, give, convey, allow, offer or tender any rebate, commission, profit, gift, emolument, or any pecuniary benefit whatsoever from the price of or on account or because of the said doing or performing of such work, labor or service for said County, Levy Court or Commissioner thereof, or from the price of or on account or because of the said furnishing of merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of said County, Levy Court or Commissioners thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be condemned to forfeit and pay a fine in the discretion of the Court, but not less than three times the amount of the price charged by said offending person or corporation for the work, labor, service, merchandise, goods, printing, tools, implements, machinery or materials so done or furnished by said offending person or corporation, and also be adjudged, deemed and held incapable of thereafter performing any service, or furnishing any material or merchandise whatsoever to, for or for the use of the said County, Levy Court or any Commissioner thereof, forever.
The Levy Court shall, during the month of March, select suitable persons to attend the several draw-bridges of the County; and shall fix the compensation therefor.
The Levy Court is empowered to employ a janitor or janitors for the proper care of the Court House, and to fix their compensation."
Section 10. That 1056. Sec. 44 of Chapter 43 be, and the same is hereby repealed with respect to Sussex County.
Section 11. That 1057. Sec. 45 of said Chapter 43 be, and the same is hereby repealed with respect to Sussex County.
Section 12. That 1058, Sec. 46, 1059, Sec. 47, 1061, Sec. 49, 1062, Sec. 50, 1063, Sec. 51, 1066, Sec. 54, 1067, Sec. 55, 1068, Sec. 56, 1069, Sec. 57, 1070, Sec. 58, of said Chapter 43 be, and the same are hereby repealed with respect to Sussex County; and said Chapter is further amended by adding a new section to be known as 1063 A. Sec. 51 A., as follows:
"1063 A. Sec. 51 A. The Levy Court of Sussex County shall have no jurisdiction over, or supervision over, the assessment lists, nor shall the said Levy Court have power to change, alter or amend the same.
The Levy Court of Sussex County shall make no allowance to any person or corporation for or on account of any error in the assessment lists, or excessive assessment, but the said assessment lists as they shall be certified by the assessors or Board of Assessment, shall be deemed to be correct by the Levy Court and shall be considered by the said Levy Court as final and conclusive."
Section 13. That 1060, Sec. 48 of said Chapter 43 be and the same is hereby repealed with respect to Sussex County, and said Chapter is hereby amended by inserting a new section, to be known as, 1060 A. Sec. 48 A. as follows:
"1060 A. Sec. 48 A. The Levy Court of Sussex County annually, at some meeting held during the month of February, shall fix and determine the amount of the capitation tax which the Assessors or Board of Assessment shall assess for the year then next following. Such tax shall not exceed the sum of one dollar and twenty-five cents, nor shall it be less than one dollar. The tax shall be uniform throughout the County and shall be levied upon every male citizen of the age of twenty-one years or upwards, residing in the County of Sussex."
Section 14. That 1071, Sec. 59 of said Chapter 43, is hereby repealed with respect to Sussex County, and said Chapter be, and the same is further amended by inserting a new section, to be known as 1071 A. Sec. 59 A., as follows:
"1071 A. Sec. 59 A. The Levy Court of Sussex County, prior to the thirtieth day of April in each year, shall, upon due inquiry and investigation, estimate the amount of money which will be required for the current year, dividing and apportioning such estimate for and among the following County needs and purposes:
1. For general County purposes, to be known as the "general fund."
2. For the general repair and maintenance of roads and bridges, to be known as the "general road fund."
3. For the special or permanent improvement of roads, to be known as the "special road improvement fund."
4. For the payment of interest on bonded indebtedness and for redemption of matured bonds, to be known as the "bonded indebtedness fund."
5. For the support of the poor, to be known as the "poor fund."
6. For the payment of warrants not of the current year, to be known as the "outstanding warrant fund."
7. For the expenses of Courts of Justice, to be known as the "witness and jury fund."
On the last Tuesday of April in each year, the said Levy Court shall lay such a rate upon the assessment lists of said County, according to a certain rate upon every one hundred dollars, as will by estimation produce the aggregate of the several sums so as aforesaid found to be necessary to be raised, and shall apportion to each of the above divisions or funds a certain per centum of the total amount to be raised so that a fund will be produced equal to the amount estimated to be required for each of the needs and purposes above specified."
Section 15. That said Chapter 43 be, and the same is hereby further amended by adding a new section to be known as 1071 B. Sec. 59 B., as follows:
"1071 B. Sec. 59 B. The Levy Court shall, on or before the last Tuesday in April of each year attach to the duplicates of assessment as the same shall be transcribed and certified by the assessors or Board of Assessment, a warrant under the hands of at least two of the commissioners according to this form:
State of Delaware
ss.
Sussex County
To the Receiver of Taxes and County Treasurer of Sussex County, greeting:
We command you that you collect from the several persons named in the annexed duplicates for their taxes for the year _______, the following rate per centum on the amount of their respective assessment, and if any person named in said duplicate shall not pay the said rates after you have demanded the same, we command you in such case that you collect said taxes, or the part thereof remaining unpaid, with lawful costs, in the manner prescribed by law. And we further command you that you pay the amount which, according to this warrant and the annexed duplicates you are required to collect, in the manner and within the times appointed by law in this behalf. Hereof fail not at your peril.
Given at the Court House at Georgetown by the order of the Levy Court, under the hands of us, commissioners of said Court, the ________ day of April, A. D. _______
Seal of Office of the Clerk of the Peace Commissioners
Each warrant shall be sealed with the seal of the Clerk of the Peace and shall be attested by him.
The said tax duplicates with the warrant thereto annexed shall be delivered to the Receiver of Taxes and County Treasurer by the Levy Court on or before the first day of May, and the said warrant shall bear date as of the last Tuesday of April, which shall be the date of the levying of all taxes."
Section 16. That said Chapter 43 be and the same is further amended by inserting a new section to be known as 1071 C. Sec. 59 C., as follows:
"1071 C. Sec. 59 C. During the month of April next following the date of the warrant, the Levy Court shall make full, final and complete settlement with the Receiver of Taxes and County Treasurer, allowing to said Receiver of Taxes and County Treasurer all taxes which shall have been found impossible to collect by reason of errors in the assessment lists or otherwise, and not through the default, neglect or delay of the Receiver of Taxes and County Treasurer, which said settlement shall be final and conclusive, and no other allowance in any form or guise shall be made to said Receiver of Taxes and County Treasurer by the Levy Court.
At least two weeks before the final settlement had with the Receiver of Taxes and County Treasurer, the said Levy Court shall cause the Receiver of Taxes and County Treasurer to publish in two newspapers of the County, one of which shall be published in the town of Georgetown, a list of the taxables of each representative district whose taxes it has been impossible to collect, stating therein, with respect to each taxable, briefly the reason why it has been impossible to collect said tax; and the Levy Court shall likewise cause the Receiver of Taxes and County Treasurer to post in two public places of each representative district of Sussex County a list of the taxables of said district whose taxes it has been impossible to collect, stating therein in each case the reason why it has been impossible to collect said tax.
Before making final settlement with the Receiver of Taxes and County Treasurer, the Levy Court shall require the Receiver of Taxes and County Treasurer to make oath or affirmation that the list of uncollected taxes made out and returned by him is true in all its statements to the best of his knowledge and belief, and that no tax has been collected from any person so returned by him. The oath may be administered by the Clerk of said Court or by any member thereof, and any Receiver of Taxes and County Treasurer, who shall swear falsely as to any matter to which he may be required to make oath by this section, shall be guilty of a misdemeanor and shall be punished as the law directs for false swearing."
Section 17. That 1074, Sec. 62 of said Chapter 43 be, and the same is hereby repealed with respect to Sussex County, and said Chapter is hereby further amended by inserting a new section to be known as 1074 A. Sec. 62 A. as follows:
"1074 A. Sec. 62 A. The Levy Court of Sussex County shall not appoint jail Commissioners as heretofore, but shall have power to investigate the manner in which the jail of Sussex County is maintained by the sheriff or keeper of said jail, and to regulate and control the same."
Section 18. That said Chapter 43 be, and the same is, hereby further amended by inserting a new section to be amended known as, 1080 A. Sec. 68 A., as follows:
"1080 A. Sec. 68 A. The Levy Court of Sussex County is hereby specifically authorized to levy upon the assessable property of the taxables of said county a special tax for the special or permanent improvement of the public highways of Sussex County."
Section 19. That said Chapter 43 be, and the same is hereby further amended by adding a new section to be amended known as, 1080 B. Sec. 68 B., as follows:
"1080 B. Sec. 68 B. The public highways, bridges and causeways of Sussex County shall be under the management and control of the Levy Court of Sussex County in the manner following:
The road work shall be in two classes; (a) general repair and maintenance of roads and bridges, (b) special or permanent improvement of roads.
The cost of road work of the first class shall be paid for out of the funds available in each representative district, to be derived from the taxes apportioned therefor. The said apportionment of taxes for the general repair and maintenance of roads and bridges in each representative district shall be spent in the district in which such tax or apportionment thereof is levied and collected; and all road work of the first class in any representative district in each year shall cease upon the exhaustion of the funds available therefor, and the Levy Court shall not appropriate money from the general county fund for the general repair and maintenance of roads and bridges in any representative district except in case of urgent and extraordinary necessity to render passable a road or bridge.
The term of office of the present county engineer shall end on the first Tuesday in January, 1917, and the office of County Engineer of Sussex County, as it is presently constituted, is hereby abolished, the said office to terminate on the first Tuesday in January, 1917.
During the month of January in the year nineteen hundred and seventeen, and every four years in said month thereafter, the Levy Court shall appoint a competent civil engineer, who shall be a graduate of some reputable engineering school or college, and who shall have had at least two years' experience in practical road building, to be County Engineer of Sussex County.
The County Engineer so appointed, shall hold office for the term of four years, ending always on the first Tuesday in January. He shall be paid an annual salary of Eighteen Hundred Dollars, in equal monthly installments.
The Levy Court shall furnish the Engineer with a suitable office in the county Court House, and with sufficient clerical assistance, proper books, forms and stationery for the discharge of his duties.
The Engineer shall, as soon as possible in each year, make a general inspection of the roads and bridges of each representative district of Sussex County, with respect to road work of the first class, and shall make a detailed written report to the Levy Court of the work necessary to be done by him in each representative district in the current year, accompanied by proper plans and specifications, where plans and specifications are necessary. The report, plans and specifications of road work of the first class intended to be done by the Engineer in each representative district, shall be made having consideration for the amount of money available for such purpose in each representative district.
The Levy Court shall consider said report and plans of the Engineer for each representative district, and may accept the same or modify or reject them, but such report and plans shall not be rejected or modified except by the unanimous vote of the members of the Levy Court, and unless unanimously rejected or modified, it shall be the duty of the Engineer to carry into effect the road work of the first class for each representative district as planned by him and submitted to the Levy Court. The road work of the first class may be carried on either under the direction of the Engineer and the supervisors to be appointed by him, or said work may be done under contract, as the Levy Court may determine, but if such work shall be let out to contract, no payment therefor shall be made unless approved in writing by the Engineer.
The Engineer shall furnish the Levy Court with detailed plans and specifications, and all such contracts shall be awarded to the lowest responsible bidder.
The Engineer shall appoint each year not more than two suitable persons in each representative district supervisors of roads for such district, and he shall report in writing the names and addresses of such persons, selected by him as supervisors, to the Levy Court immediately upon their selection. Supervisors shall be paid a daily wage for each day's labor performed by them as shall be determined by the Levy Court, and they shall be under the direction and control of the Engineer and subject to dismissal by him at any time.
Twice during each month the Engineer shall present to the Levy Court a detailed statement of the work done in each district, the names of the persons employed, the hours of labor performed by each, and the teams and wagons furnished by each person, and the total amount due each person so employed or so furnishing teams or wagons. The statement shall be under the hands of the supervisors under whose direction the work has been done, and shall be approved by the Engineer. The Levy Court shall, after approval thereof by the County Comptroller, and after investigation of the same, draw warrants in the usual form for the payment of the amounts found to be due.
The Levy Court shall determine the amount to be paid for road work for each team furnished, which rate may differ in the several representative districts.
The supervisors shall engage upon no work except as directed by the Engineer, save in case of urgent necessity to make a road passable, and in such case shall at once report in writing to the Engineer the work performed and an itemized account of expenditures thereon.
All materials, tools, implements and supplies shall be purchased by the Levy Court upon the advice of the Engineer, and the Engineer shall from time to time present to the Levy Court a list of the materials, tools, implements, machinery and supplies needed by him in the proper discharge of his duties.
The cost of all tools, machinery, implements and supplies shall be apportioned between the several districts according to the use thereof in such districts, as may be fair and just, and shall be paid for out of the general road fund of the several districts; provided that the tools, implements, machinery and supplies purchased for the special or permanent improvement of roads shall be paid for from the special or permanent improvement of road funds.
The Levy Court and the Engineer are empowered to employ expert assistance in the opening of books and ledgers under some modern system of bookkeeping and cost-keeping so that the cost of roads of every class may from time to time be ascertained.
At least one each year the Engineer shall make an inventory of all materials and supplies on hand and of the tools, implements and machinery owned by the county, and shall with such inventory make a written report of the condition thereof to the Levy Court, together with an estimation of the cost of the repairs thereto.
The expenses of the Engineer in supervising the road work shall be presented in writing to the Levy Court each month, duly itemized and verified, and the Levy Court shall draw a warrant therefor, after approval by the Comptroller. The Engineer shall have power, with the consent of the Levy Court, to employ a surveyor or surveyors, if necessary, for the proper discharge of his duties.
The cost of the road work of the second class shall be paid for from funds derived from special taxes levied for the special or permanent improvement of the roads of Sussex County, together with such appropriation which may from time to time be made by the General Assembly of the State of Delaware for the special or permanent improvement of roads in Sussex County.
On or before the first day of June in each year, the Levy Court shall determine what road or roads or portions thereof shall be permanently improved, and the kind and character of said permanent improvement, and shall require the Engineer to present detailed plans and specifications according to the kind and character of the improvement to be made and the nature and location of the road to be improved, together with an estimated cost per mile of such proposed improvement. The Levy Court may require the Engineer to prepare detailed plans and specifications and estimate of cost per mile of more than one form or kind of permanent improvement.
The Levy Court shall, having determined upon the kind and character of the improvement to be made and the road or roads, or portions thereof, to be permanently improved, thereupon either direct the Engineer to proceed with such improvement, or may contract for such improvement to be done with some responsible contractor. In case it shall be decided by the Levy Court to contract for such work, at least two weeks' advertisement shall be given by publication in one or more newspapers published in Sussex County. Detailed plans and specifications shall be furnished any responsible contractor requesting them upon such terms as the Levy Court may impose, and all contracts shalt be made with the lowest responsible bidder. In all cases of road work of the second class done or performed under contract, no payment shall be made thereon until the Engineer has approved the same in writing.
The Levy Court is empowered to secure the proper performance of all contracts by requiring bond with security, and all such bonds shall be in the name of the State of Delaware.
Road work of the second class shall be done and performed having regard to the building or the maintenance of permanent and continuous roads to connect the towns and villages or railroad stations, and to this end the Levy Court shall adopt a system of permanent road improvement which will best serve the interests and convenience in travel of the people of Sussex County.
In all cases where funds are available either for road work of the first class in any representative district, or for road work of the second class, and the Levy Court shall neglect or refuse either to approve or modify the plans submitted by the Engineer, or shall reject said plans and shall not afford the Engineer an opportunity to submit other or additional plans and specifications, or shall fail to approve or modify, or shall reject other or additional plans and specifications, or in case of other disagreement to the detriment of the County, the Engineer shall have the power and authority, on and after the first day of July in each year, to proceed with the road work of either class according to the plans and under the specifications prepared by him, or otherwise according to his judgment and discretion.
All road work of the second class shall cease upon the exhaustion of the funds available therefor in each year, and no contract or contracts shall be made in an amount exceeding the funds available for road work of this class.
The Levy Court shall have the power to locate or cause to be located, the courses and limits of public roads, and to prevent encroachments thereon, and to recover damages for any injury thereto. If the amount of damage done to a public road or bridge shall not exceed two hundred dollars, the Levy Court may institute an action to recover damages for such injury before any Justice of the Peace, whether such damage be direct or consequential, and if such damage be more than two hundred dollars, such action shall be instituted in the Superior Court. The right to appeal from any judgment rendered by a Justice of the Peace is hereby preserved as in other cases.
All actions, suits or proceedings brought by the Levy Court, in or about the administration of the government of Sussex County, shall be in the name of The Levy Court of Sussex County.
The Levy Court is empowered to regulate the use of roads and bridges to prevent undue injury thereto, to fix the carrying capacity of bridges, and to prohibit the use of bridges to wagons, automobiles, or locomotives of more than a fixed maximum weight; and to prohibit the use of the permanently improved roads to automobiles or locomotives having wheels fitted with chains or flanges."
Section 20. That 1081, Sec. 69 of said Chapter 43 is repealed with respect to Sussex County in so far as the provisions of said section are supplied or amended by this Act.
Section 21. That said Chapter 43 be further amended by adding thereto a new section to be known as, 1082 A. Sec. 70 A., as follows:
"1082 A. Sec. 70 A. That from and after the first Tuesday of February, A. D. One Thousand Nine Hundred and Seventeen, the terms of office of the several Trustees of the Poor heretofore appointed by the Levy Court of Sussex County shall then be terminated, and the Levy Court of Sussex County as then constituted and organized, is hereby authorized and directed, and it shall be its duty, to appoint one qualified voter of, and resident of each senatorial district, of the county to be Trustee of the Poor for Sussex County. The said Trustee of the Poor so appointed shall hold office for a term of two years, the said term always ending on the first Tuesday in February, and shall have all the powers and be subject to all the duties and requirements now imposed by law upon Trustees of the Poor. In case of vacancy happening through any cause whatever, the Levy Court shall at any meeting fill said vacancy for the unexpired term.
The provisions of Chapter 54 of the Revised Statutes, in so far as they relate to the number of Trustees of the Poor to be appointed by the Levy Court of Sussex County, are hereby repealed."
Section 22. That said Chapter 43 be further amended by adding a new section to be known as 1083 A. Sec. 71 A. as follows:
"1083 A. Sec. 71 A. The Levy Court shall have the power and authority to cause to be constructed a proper house of detention, or county prison, on the lands of the Trustees of the Poor of Sussex County, and to provide for the safe detention therein of prisoners.
The Levy Court of Sussex County shall have power to employ persons convicted and imprisoned in the county jail or other places of detention, upon the public roads and highways of Sussex County, or upon the farm of the Trustees of the Poor, and shall further have the power to fix the compensation of such prisoners for all labor performed by them, either upon the public roads or upon the farm of the Trustees of the Poor, if, in the opinion of the Levy Court, it shall be deemed wise to pay prisoners for labor performed by them.
Compensation to prisoners shall either be held by the Levy Court until the expiration of the term of imprisonment of the prisoner so employed, or such compensation may be paid from time to time to the dependent families of such prisoners, as the Levy Court may decide."
Section 23. That this act shall not go into effect and operation except as it provides for the election of Levy Court Commissioners for Sussex County at the General Election to be held in the year, A. D. 1916, until the first Tuesday in January, A. D. 1917.
Section 24. That from and after the first Tuesday in January, A. D. 1917, sections 1544 to 1550 of Chapter 55, inclusive, of the Revised Statutes, and all other acts or sections of said Revised Statutes inconsistent herewith or supplied hereby, are repealed.
Approved March 12, A. D. 1915.