CHAPTER 50.
OF THE LEVY COURT
AN ACT 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 the County of New Castle, for the purposes of this Act, shall be and the same is hereby divided into seven districts, as follows, to wit: One shall comprise and be composed of the Second, Fourth, Sixth, Eighth and Ninth wards of the City of Wilmington, being Representative Districts Number One and Number Two in New Castle County, as the same now are bounded and described or may be hereafter extended or enlarged in any way, and the said district shall be known as the First Levy Court District; another shall comprise and be composed of the First, Third, Fifth, Seventh, Tenth, Eleventh and Twelfth wards of the City of Wilmington, being Representative Districts Number Three, Number Four and Number Five in New Castle County, as the same are now bounded and described or may be hereafter extended or enlarged in any way, and the said district shall be known as the Second Levy Court District; another shall comprise and be composed of Brandywine Hundred, together with all that portion of Christiana Hundred lying north of and bounded by the central line of the Lancaster Turnpike, being Senatorial District Number Three in New Castle County, and the said district shall be known as the Third Levy Court District; another shall comprise and be composed of Mill Creek Hundred, together with all that portion of Christiana Hundred lying south of and bounded by the central line of the Lancaster Turnpike, being Senatorial District Number Four in New Castle County, and the said district shall be known as the Fourth Levy Court District; another shall comprise and be composed of White Clay Creek Hundred, Red Lion Hundred and New Castle Hundred, being Senatorial District Number Five in New Castle County, and the said district shall be known as the Fifth Levy Court District; another shall comprise and be composed of Pencader Hundred and St. George's Hundred, being Senatorial District Number Six in New Castle County, and the said district shall be known as the Sixth Levy Court District; and the remaining districts shall comprise and be composed of Appoqunimink Hundred and Blackbird Hundred, being Senatorial District Number Seven in New Castle County, and the said district shall be known as the Seventh Levy Court District.
Section 2. That at the general election to be held in the year A. D. one thousand nine hundred and four, and at the general election to be held in every fourth year thereafter, there shall be elected from among the resident electors of each of said districts, by the qualified voters thereof, one person to be a Levy Court Commissioner of New Castle County, to hold office, as such Commissioner, for the term of four years, commencing on the first Tuesday in the month of January next following each election.
Section 3. That the said Levy Court Commissioners so to be elected, shall thereafter constitute the Levy Court of New Castle County, and shall meet for organization on the first Tuesday in January after their election, and after taking the oath prescribed by the Constitution shall proceed to elect one of their number to be the presiding officer. Four of the Levy Court Commissioners shall be sufficient for the purpose of organization and shall constitute a quorum for the transaction of business. The said Levy Court Commissioners shall have the power to make rules for their government not inconsistent with the Constitution and Laws of the State, and after their said first meeting they shall meet at the times now prescribed by law for the meetings of the Levy Court of said county.
Section 4. In case of the death, resignation, ineligibility or removal from the Levy Court District of any Commissioner elected under the provisions of this Act, at any time, it shall be the duty of the Governor to appoint some suitable person having the qualifications hereinbefore required in that behalf, to fill the vacancy so created pursuant to the provisions of the Constitution in that behalf.
The Levy Court Commissioners to be elected under this Act shall have as full and complete jurisdiction over all and every the matters and things now vested by law in the Levy Court of New Castle County, as at present constituted and in the several members thereof, and shall exercise every power, privilege, right and duty which now belongs to the said Levy Court of New Castle County, as fully and completely as the said Levy Court now by law is authorized to do.
Section 5. Should any two or more persons voted for as Levy Court Commissioners in any district receive an equal and the highest number of votes cast at any election, the Superior Court of the 'State of Delaware, in and for New Castle County, sitting as the Board of Canvass in said county, shall certify that fact to the Governor, who shall forthwith select one of said persons to be the Levy Court Commissioner from said district.
The Levy Court Commissioners to be elected under the provisions of this Act shall receive, as full compensation for their services, the sum of eight hundred dollars annually, in quarterly installments of two hundred dollars each, by warrants duly drawn upon the County Treasurer.
Section 6. That from and after the time this Act becomes a law until the thirty-first day of December, A. D. 1904, the Levy Court of New Castle County shall consist and be composed of seven Levy Court Commissioners, to wit: the five Levy Court Commissioners elected in said county at the general election in November, A. D. 1900, and two Levy Court Commissioners to be appointed by the Governor; and the said five Levy Court Commissioners so elected as aforesaid and the said two Levy Court Commissioners so to be appointed as aforesaid, shall constitute the Levy Court of New Castle County until the time aforesaid; and the Governor is hereby authorized and empowered to appoint two suitable persons from among the electors of said county to be Levy Court Commissioners of New Castle County as aforesaid for the term aforesaid.
The said Levy Court Commissioners so elected and so and appointed shall have, possess, enjoy and exercise all the rights, powers. privileges and duties of Levy Court Commissioners of New Castle County, now vested by law in Levy Court Commissioners of New Castle County, and shall each receive the compensation now fixed by law; and the said Levy Court so constituted shall have, possess and enjoy as full and complete jurisdiction over all and every the matters and things now vested by law in the Levy Court of New Castle County, as at present constituted, and shall possess, enjoy and exercise fully and completely all and every the powers, privileges, rights and duties that the Levy Court of New Castle County now by law possess, enjoy and exercises.
Section 7. That all Acts or parts of Acts inconsistent herewith, or repugnant hereto, or supplied or manifestly superseded hereby, be and the same are hereby repealed and made null and void.
Approved March 7, A. D. 1901.