New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-05-05
local INTELLIGENCE.


r MONEY MUST BE RECEIVED FOR Cry
4 SIN the Third District Court Judge
Ron, yesterday,in the case Of the city of
orleans vs.. estate of J. W Mcintosh
rs judgment for city taxes execution
ined and placed in the hands of the
u Defendant rendered to that officer
sact ton Of the writ the amount of the
I'D interest in city currency and the
With five per cent Attorneys fee in
States treasury notes. The
ayas declined by the sheriff because
s1Falon that portion OF the tax levied
bite interest on the consolidated debt
FaiT0ad bonds was demandable in legal
b notes, and because the zee due to the
Attorney was five per cent per annum
I'D Of i've per cent. a Similar tender
nsde to the Mayor, and By. him refused.
defendant now takes rule on the
hni the sheriff to show cause why the
iendered should not be received in
Gge Of the judgment.
objections were raised to the form of
aiings, nor were technicalities in
Ion, but decision is sought on the
n y question for the purpose Of setting
natter at rest whether that portion of
+ az relating to the consolidated debt
slresd bonds is payable in city notes,
Ing conceded in argument by the city
fssthat the corporation was bound to
Its own issues for alltazes levied for
Fsl and ordinary Purposes, on the
% that the latter embraced debts due
city, while the former was composed
Is due by the city.
the three municipalities werv united
body the consolidated corporation
Nd all the debts Of the former, to.
svith those of the General Council.
ggrgate liability then became debt
" ne new corporation, but when it
daiag to pay it that became a debt due
ad.N payable to it by the taxpayers,
ia;payable by them to the holders OF
buds. 1t is the same with railroad
On subscribing to the stock the city
its bonds in payment thereof, and It
% an annual tax to discharge the in.
which tax is payable directly to
and is levied and collected in its OWL
These assessments, therefore, are
Due 10 the city in the sane sense thai
ge which are levied to jefray the
" expenses of the corporation.
e there any distinction ia regard &c
lality between those Of It's creditors
s. AZ Dondhoiders, ana any other
asE # be under a bond or c contract tc
q repair the streets, or an obliga.
aalrred for any other purpose; thu
apayable in cash or in legal tender
Hence the fact that its debt to the
oiders can be discharged only by pay
Y cash has no force in the controversy
me, inasmuch as its other debts car
charged ia no other way.
commended, however, that an ordi
passed in 1855 required al taxes to be
. money. This is true, but when the
1881 commenced issuing its notes fol
sion i declared them to be reeeiYa
az dues and taxes payable under its
hents, and it has made the same dec
sn on several occasions since thai
Good faith requires that Il should
ashdraw from its stipulations, and
i Issues its notes as currency, or in
words as money, it is estopped from
itis not money, and must receive ii
etaer the Attorneys fee is I'VE pei
4 nvs per cent per annum is q question
OF value. All parties interested are
by the judgment as it stands, ant
YES the Attorney I've per cent only
these reasons let the rule herein
be made absolute, and let the sheriff
lired to receive the funds rendered t.
py the defendant on the second o
lSes, in satisfaction and discharge o
ntof feri facias issued in the alloy,
q suit.