CHAPTER 273.
OF THE LEVY COURT.
AN ACT TO REGULATE THE TRANSACTION OF BUSINESS BY TIIE LEVY COURT COMMISSIONERS 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. It shall be unlawful for any Commissioner of the Levy Court for New Castle County to furnish labor or material, directly or indirectly, for the making, erection or repair of any bridge, road, causeway, public building or public work of any kind or description which is or may be within the care, custody or control of said Levy Court, or any Commissioner thereof, or to be or become, directly or indirectly, either the contractor or sub-contractor for the performance of any public work, duty or service of any nature or kind within the control of the said Levy Court, or of any member thereof in his capacity of a commissioner thereof, or to have, exact, receive, accept or enjoy any rebate, profit, gift, emolument, rake-off or any pecuniary benefit whatsoever either directly or indirectly, from or on account of the making, erection or repair of any bridge, road, causeway, public building or public work of any kind or description which is or may be within the care, custody or control of said Levy Court, or of any Commissioner thereof in his said official capacity, or from or on account of any contract or sub-contract for the performance of any public work, duty or service of any nature or kind within the control of the said Levy Court or of any member thereof in his capacity of a Commissioner thereof.
Section 2. It shall be unlawful for the Levy Court Commissioners of said county, or any of them, to authorize or vote to authorize any money to be drawn from the Treasury of New Castle County, except upon specific appropriations made by a majority vote of all of the Commissioners of said Levy Court and sitting as a body, and only upon county warrants, truly dated, consecutively numbered, and drawn in pursuance of such specific appropriations. Except for the salaries or other lawful compensation of said Levy Court Commissioners for their services in their said office, no county warrants shall be drawn to the order of or payable to any member of said Levy Court, nor shall any such county warrant be drawn payable to bearer, but such county warrants shall only be drawn in favor of or payable to the person or persons, corporation or corporations, performing the work, labor, duty or service, or furnishing the material, for which the said Levy Court is indebted.
Section 3. It shall be unlawful for the Levy Court Commissioners of New Castle County to approve of, make specific appropriations for, or permit to be paid any bill, account, claim or demand whatsoever against said New Castle County or said Levy Court, until the said bill, account, claim or demand shall be fully itemized so as to disclose the price or prices at which, the date when, the place where, the purpose for which, by whose order, and by whom the work or labor was performed and the materials were furnished for said county or for said Levy Court, and the nature, character, quantity and amount of such labor and materials, nor until the said bill, account, claim or demand shall have been fully investigated and duly stamped as approved and with the date of such approval by the County Comptroller for said county. Provided that, in case the said County Comptroller shall disapprove or fail to approve any such bill, account, claim or demand, the said Levy Court Commissioners may by a two-thirds vote of all of said Levy Court Commissioners approve the same and cause the same to be paid.
Section 4. It shall be unlawful for any Levy Court Commissioner for New Castle County, directly or indirectly to cash, buy up, purchase or redeem any County Warrant drawn in favor of any other person.
Section 5. It shall be unlawful for any Commissioner of the Levy Court of New Castle County to vote for or consent to the doing of any work and labor for New Castle County or said Levy Court, or to vote for or consent to the furnishing, having or using by or for account of said County or Levy court of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed the sum of five hundred dollars, whether said work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or for repairs upon old work, unless and until the said Levy Court shall publicly invite sealed proposals for the doing of such work and the furnishing of such merchandise, tools, implements, machinery and materials, and give the contract resulting therefrom and therefor to the lowest bidder or bidders;
Bidder to give provided that the said Commissioners may require of such bidders security for the faithful performance of such contract.
Section 6. Any Levy Court Commissioner of New Castle County who shall violate any of the prohibitions of this statute shall be guilty of a misdemeanor constituting misbehavior in office, and upon conviction thereof shall be sentenced to be fined or imprisoned, or both, at the discretion of the court.
Section 7. Any person or corporation who shall, by special contract or otherwise, do or perform any work, labor or service of any kind for, or furnish any merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of New Castle 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, rake-off 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 Commissioners 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.
Section 8. All acts and parts of acts conflicting or inconsistent herewith are hereby repealed.
Approved March 31, A. D. 1903.