Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-10-08
COM PLtINT'
STATE OF NORTH CAROLINA,
New Hanover COUNTY. "
William A. French. D1ot;e,
JJLn MacR eta l A''h''AAN'

" or New Hanover.
The said plaintiffs, William A. French
and John MacRae, who sue herein, as
well for themselves as well as all other
taxpayers in said county, who may
come in and be made parties plaintiff
and contribute to the cost and expens-
es Of this action. complaint and allege
as follows:
THAT the above named plaintifls,
William A. French and John MscRae
are citizens and residents aud taxpay-
ers in said county.
II That the value of the taxable
property III said county is sir millions
one h'u16red and serenity nine thousand
and nine tio{t0rS.
!Ii-That the aggregate of I'll the
State Tax upon ali property liable for
taxation Is thirte-ciGit cents On the
ono huH,ttod dotfdlrs IL value.
IN-EAat the total amount of the
debt owing TO the county Of New Han
over, which was contracted prior 10
the adoption Of the present Constitu
tion, Is thirtY,fCC thousand dollars.
being evidenced by seventy bonds of
tie County of New Hanover, Of $500
each, issued on the 1st day Of March,
in the year 1869. aud .oayab6c ten
years after date, bearing iuter"-t at
the rate OF six per ceutum per anHum,
payable semi-annually in gold, as
plaintiffs are informed and believe.
Y. That plaintiffs are informed aud
believe that the County owes a large
floating debt, contracted siace the
adoption OF tic present Constitution,
and that the sad excess Of taxation Is
not for the pnrpJse Of defraylng the
Gecessnry expenses Of the County but
for the purpose Of paying debts CON
trart@d long anterior to the year 1875
aud since the adoption Of the preseut
Constitution.
VI That in the month Of
IN the year 1870, the said Commission
CTS levied a tax upon the t.,xabia prop
erty of said County of tcoe1lty-taco cents
on the one hundred d0tiGrs value,
which il their levy they say is t. be
appIoximatcd as follows for general
County fund thirty flee cents on the
one h'D2uyC0 dOlIat's IL value, and for
payment Of debts aud interest thirty
seven cents.
VII. That for the payment Of the
'iltFIc@J ttl''fG btit OtDG ct tfttF ~ .Vtt<
MOusaltd d0ll4rs. ,ntractei before
the adoption uf the present Constitu
ton (tne principal of which is due in
March. 1870, a levy of f0ur and one
Nird cents on the one Atutlifed dpiiQrS
in value, upon the taxable property,
would produce u sum quite sufficient
TO pay said Interest aid the costs of
collecting the same.
e
section one, article five, of the Consti-
tuition the State and County taxes com
blned shall never exceed two dollars
in every three hundred dollars of taxa
Ill" property.
IX. That the levy Of scrcnty-ttOO
ccrtts on the ono hiutIrCd dOItt's in
vqlue, is in excess of the Constitution
al limitation, the State having levied
tax If hirty-eight cents on the one hun
d1'ed dollars of value of property, there
would remain but ttUenty eight and t,OO
thirds to be applied for all County
purposes except the payment Of debts
contracted before the adoption of the
present Constitution, which is shown
tn be $50, ,0O0.O0 in article four of this
Complaint, the interest of which be-
comes due semi annually, and that a
lew of 4 cents upon the one huidrcd
dOkIni's nf value of the taxable proper
" -: the County will pay the sam.
Y That the said Board Of County
Commissioners have excpt ded the
limitation Of the Constitution, by their
laid levy Of the County tax, hy the
sum OF thirty nine cents on the one
hundred dollars OF value of taxable
property.
NI. That said excess of taxation so
levied by SAID Board of Commission
ars. amounts 20 sCUCntY TOU5' thousand
ant nilacty dollars.
XII. That the above named plain
tiffs have commenced a civil action in
the Superior Court of New Hanover
County, and have caused summons
SO be issued to the defendants. return
abe to the next term OF said Court to
be held in the city of Wilmington on
the 10Th u )nday after the 2nd Mon
day ir August 1879.
NIII. That the defendants, the said
Board of County Cpm:nissI 2ners have
placed the, tx ii>t, With an order to
collect tie sam, in the hands of the
AK collrc5Ar ot NeH II ,unver County
ard tha4 tie SAID Tax list con-
tu.ns the exces> oi thiriy ;.i5te cents
~. the one h3ai4,reH ,iDiiu,.s IL value
uf taz.b!r Droi.-.rty. IL s.t forth i!
this c,,.ll .yi;,is.t, ana tn, SAID p.stint'ff,
are l;ltot.-.d aud believe tnat the SAID
tux collect Il viii proceed t. cp.ieot hr
same nr'ess }3o i, restGaiueG by th- ol
der .: tie Court.
AIV. The plaintiffs tn. refore pray
i'iI4meLG tiljt that the said Board If
C1DlniissIuueIs Of the County If NV
ii&G0ycI. their tax collector, agents
ani servants, be by nu order OF this
Court perpttul,ly enjuin ed from thv
cui!cc;Iou Of the excess Of thirty ninc
cClltS tinDn tho or Htyl1ljreli UotLttrS Of
v.lue Of taxable property, and that IL
the nl"au,i.n- tir~ said defeudaUts til"
HuaId al County Com ..iasioners Of
New Il yz-T, their tax collector
agents Had servants be by au order cf
tuis Cou,t restrained FROM the cpiicc
ton Of sa',l excess of thirty nine cents
on 5..t, one hundfed dollars .n yaIua-
rion of the taxable property of tue
County Of New Hanover, aud that
this Court will grant such other aud
further relief as the nature CT the case
may require, and to this Court may
seem meet.
n. LoNDoS,
Il. S. FRENCH
Atty's for Plaintiff,
STATE OF North CARoLINAt
New HANOVER COUNTY
VIM A. French. one of the piai tIffs,
being duly sworn, says he has heard
the foregoing complaint read, AMI un-
derstands the contents thereof, aud
that the same is true, of his own know
ledge, except as to the matters therein
stated on information and belief, and
as to those matters, he believes them
to be true. -
WM. A. FRENCH.
Sworn TO ssand subscribed before
me, this 26th day of September, 1875.