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CHAP.
V.

1798

and treasurers

of the poor in like manner.

and just state of all the accounts relating to the public in his hands, including therein the respective sums of money by him received, with the names of the persons from whom received, and the time and times of such his receipts, and also his the said County Treasurer's payments thereout, specifying the names of the persons to whom, on what account, and the time and times when paid, exhibiting at the same time the vouchers and receipts evidencing such payments; and the Treasurers of the Poor of the several counties in the State are hereby also directed and required in like manner, annually in the same month of February, to lay before the Auditor aforesaid a full, true, and just state of all monies that shall or may come to any of their hands as Treasurer of the Poor of his county, either from the Collectors of the respective hundreds thereof, from the Health Officer of the county for the head money of passengers and servants imported and landed therein, from fines and forfeitures payable for the use of the poor there, or from or by any other ways or means whatsoever, and also of his the said Treasurer of the Poor's payments thereout, as in the case of the County Treasurer herein before is prescribed: And to this end the Auditor of Accounts is hereby authorised and required tend annually at to attend at the respective county towns of the State, to wit, New-Castle, Dover, and George Town, in the said month of February annually after the present year, then and there to receive, settle, and adjust all such accounts as aforesaid, with the said respective County Treasurers and Treasurers of the Poor; to every of whom the said Auditor is to transmit a previous notice of the day or days of his attendance at the same county towns respectively for the purposes before mentioned.

Auditor shall at

the County

Towns, and adjust such ac

counts.

In October by

chap. xxxiv. 3d

Vol. 74.
In the Spring
Terms of the
Court of Com-
mon Pleas, 3d
Vol. 139.

Chap. 148 a.

SECT. 3. And whereas by an act of Assembly, passed March Thirty-one, One Thousand Seven Hundred and Sixty-four, entitled, A supplementary act for the amendment of an act of General Assembly of this government, entitled, An act for the better regulation of roads in New-Castle county, any two Justices of the Peace, together with the Overseer or Overseers of the Poor,

СНАР.

V.

in

1798

and since the act of Assembly passed the fourth of February one thousand seven hundred and ninetytwo, sect. 13, with the constables of the respective hundreds of the said county, were authorised and required to make a rate, according to the rate of the County assessments for the current year, of such sum or sums of money, in each respective hundred, sufficient to establish a fund, in the hands of the collector for the time being, to pay the overseer or overseers of the public roads therein, their workmen and labourers, as soon as their service should be performed, by orders to be drawn by any one Justice of the Peace of the said county, on the collector of the taxes for the hundred in which the said service should be performed; and that the Justices of the Peace within the said county of New-Castle, or any two of them, should annually examine and settle the accounts of the said collectors, so far as such accounts related to their proceedings under this recited road act; and that the same Justices should then order the then last collectors to pay the balance in their hands to the collectors of the respective hundreds for the ensuing year: Now to the end that the sum or sums of money, so to be raised under this last recited act, may be also further accounted for, and made more publickly known, and errors or mistakes prevented or corrected, Be it enacted, That after the Justices making passing of this act, it shall be the duty of, and incum- support of the bent upon, the two Justices of the Peace making the roads in Newrate for the respective hundreds in the county of shall transmit New-Castle, to form a fund in the hands of the col- their proceeding lector for the making and supporting the public roads to the Auditor. as before mentioned, annually to certify the proceedings therein, and carefully transmit the same to the auditor of public accounts, within one month after making the same rate; and that it shall be the duty of, and incumbent upon, the Justice of the Peace drawing orders, under the authority of the aforerecited road act, for paying the labourers and workmen on the said public roads, in the respective hundreds of the said county of New-Castle, annually to certify, and carefully to transmit, to the said auditor of public accounts, on or before the second day of the spring

C

the rate for the

Castle county,

CHAP.

V.

и 1798

Collectors of the road-taxes in

each county shall lay their accounts before the Auditor,

who shall attend and adjust the

same.

In what cases

he may appoint attendance and

other days for

settlement.

term of the court of Common pleas for the said county, a true and correct list of each and every order so drawn by him the said Justice, specifying its date, the sum drawn for, the name of the person to whom to be paid, and the name of the collector required to pay the

same.

SECT. 4. And be it enacted, That the collector of taxes in each hundred of the county of New-Castle is hereby directed and required, on or before the said second day of the spring term of the court of Common pleas for the said county, annually to lay before the auditor of public accounts aforesaid, a full, true, and just state of all monies that he may have received of the road tax or taxes for his hundred, or for balances of such from preceding collectors, and also his the said collector's payments thereout, specifying the names of the persons to whom, and the time and times when paid, exhibiting at the same time the vouchers, orders, and receipts evidencing such payments; and for this purpose the auditor of accounts is hereby authorised and required to attend at the town of New-Castle annually, on the said second day of the spring term of the court of Common pleas, to receive, examine, and settle those accounts of the said respective hundred collectors.

SECT. 5. Provided always, and be it enacted, That if it shall so happen, that the said auditor, or any of the accountants herein before mentioned, shall be disabled from giving their attendance at any of the times herein before specially limited and prescribed, it shall and may be lawful for the auditor to fix other periods of time for such attendance, having regard to the time prescribed for making his reports in the County Treasu- premises for public utility: And provided also, That nothing in this act shall exempt the respective county treasurers in this State from accounting with a committee of the Levy court, as in the act for raising county rates and levies (1) is prescribed; or the respective treasurers of the poor, in each of the counties of the State, from making up and settling their accounts with the board of trustees of the poor of their (1) Chap. 102. a.

rers, &c.

not exempted from accounting as heretofore.

respective counties; or the respective collectors of hundreds in the county of New-Castle, from settling their accounts for the road taxes there, with the Justices of the Peace of that county, or any two of them, as in the before recited road act (2) for New-Castle county is directed.

CHAP.

V.

1798.

certain allowance to the ac

SECT. 6. And be it enacted, That the Auditor shall Auditor to asand may ascertain what allowance is to be made to every of the accountants aforesaid, for performing countants. the duties required of them under this act, furnishing each accountant with a certificate of such allowance to be retained by or paid to him, out of the fund of monies for which his account had been required.

SECT. 7. And be it enacted, That the Auditor of public accounts shall annually report his proceed ings, in all of the matters herein prescribed to be done by and before him, to the General Assembly of the State, at an early period of its session next after the accounting herein before directed; and also shall furnish the respective courts of appeal in each county, with a full statement of the respective accounts as aforesaid to be settled and adjusted by him, and this on the first day of the meeting of the same court, before the appointment of the several collectors of hundreds for the ensuing year, or of the county treasurer on a vacancy, omitting in the statements to be furnished to the courts of appeal for Kent and Sussex counties, the accounts and proceedings to be taken and adjusted under the herein before recited road law for New-Castle county.

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SECT. 8. And be it enacted, That the Auditor of His additional public accounts shall be allowed the additional an- compensation. nual sum of two hundred dollars for his services under this act, payable half yearly as his other salary; and for his travelling charges, when attending on the duties of his office out of the county in which he may reside, five cents for every mile to and from the place of his residence.

Passed January 23, 1798.

(2) Chap. 184, a.

CFAP.
VI.

1798

Chap. 100. c.

the road tax

money.

CHAP. VI.

A Supplement to the act, entitled, An Act for the better regulation of the roads in the county of Sussex.

SECTION I.

E it enacted by the Senate and House

Bj Representatives of the State of

What portion of Delaware in General Assembly met, That the comshall be paid in missioners of the Levy Court and Court of Appeals shall, at their annual meeting in February next, and in every year after, ascertain and estimate a certain proportion of the road tax, laid and rated for the supporting and keeping up the roads, bridges, and causeways, in each hundred in the said county, which proportion of the said road tax shall not be discharged in labour, but shall be paid to the collector in each hundred in money, to be paid to the overseers of the roads for the use of the said roads.

Overseers to be
appointed on
the first Tues.

day in Feb.
annually.

Warrants to be

SECT. 2. And be it enacted by the authority aforesaid, That the Levy Court and Court of Appeals in the said county, at a session to be holden on the first Tuesday of February in this and every year, shall nominate and appoint in each of the hundreds of the said county, one or more overseers of the roads, causeways, and bridges therein, and shall specify the road or roads, or the particular parts of their respective hundreds, for which each and every overseer shall be appointed; and a warrant, under the hand issued to them. of the Clerk of the Peace and the seal of his office, specifying therein the road or roads, or the particular parts of their respective hundreds, for which each and every overseer shall be appointed, and also the proportion of the road tax to be paid in money as aforesaid, shall be made out, and delivered to every overseer as aforesaid, by the Clerk of the Peace, on or before the first Tuesday of March next, and on or before the first Tuesday of March in every year; and in case the Levy Court and Court of Appeals shall not make a quorum on the first Tuesday of February in every year, at which time the overmay be made at seers of the public roads, causeways, and bridges, in the said county, shall be annually nominated and appointed, the said Levy Court and Court of Ap

In what cases appointments

other times.

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