Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-11-29
COUNTY DEBTS.
I'M PORTANT DECISION,

In the U. S. Circuit Court, sitting in Rich
mond, 90 Saturday, Judge Bond presiding,
Mr.. John Howard moved the court for an ab
soluto maudamus 10 the case of Thomas f.
jenkins, OF Baltimore, vs.. the Board oil Super
vlsors Of the county of CuIpepcr. He read the
petition OF Mr. jenkins, setting forth that un-
der an act of the General Assembly of Deem.
Der, 1870 the county Of Culpeper had issued
bonds to the amount of fifteen thousand dol
lars, with interest coupons thereto attached,
payable semi.annuully, for the purpose of
erecting court house ADD other public build
Jugs 10 the county; that the bonds had been
accordingly issued, and that several instruments
OF coupons OF which Mr. jenkins was the
holder, had fallen due and had been dishonor.
ed; that by the said act of Assembly the Board
OF supervisors We're authorized to levy spe-
ella! tax tor the payment Of the bonds and in-
terest COUPONS and that the faith of the county
was pledged 10 the payment thereof; that the
Board failed to perform their duty under the
law; that Jenkins had accordingly brought
suit IN the !. S. Circuit Court upon the over
due coupons, and had obtained judgment
thereon, upon which execution had been is
sued, and returned no effects" apd Drawing
the court for rule or maudamus nisi against
the Board Of Supervisors, requiring them to
show cause why an absolute maudamus should
not issue, commanding them to pay the iudg-
ment aud execution Immediately, or in default
thereof to levy special tax, under the direc-
TOD aud supervision Of the court, for that pur,
pose. And 1t was shown that the rule had
been accordingly issued and been duly served
upon the Board.
Mr. Z. u. Williams appeared for the county
OF Culpeper, and filed the answer of the Board
OF Supervisors The answer stated that the
Board had IN December, 1874, passed an order
lcVyug special tax Tor the purpose Of paying
the interest coupons and Of creating sinking
iuud Tor the payment of the bonds themselves
when they should become due; that the Board
hau also passed orders directing the treasurer
OF the county to pay the coupons which had
fallen due, aud tat no interest should be al
lowed on the coupons after their maturity.
The Board Of Supervisors thus claimed that
they had done their whole duty 10 the matter.
and their counsel commended that nothing fur
thcr could be required of them.
Mr. Howard read the statutes, showing the
jurisdiction OF the Board of Supervisors under
The law, and held that under all the circum-
stances OF the case the Board had been pegli-
gent o1 their duty, and had not properly cxer-
clS1d the powers with which they were clothed
Tor timely and etfectual levy of taxes for the
| payment OF the debt that four Semi-annual
lnsta meOti of coupons had fallen due and not
4 dollar had been paid, aud hat it was the
legal duty aud business of the Board of Super
v'sors not merely to have levied special tax,
but to have levied it in time to meet the cou
pons, and to have seen that The special pro.
vlSlon made Tor the payment of the coupons
Was FULLY carried out, aud if necessary TO levy
other taxes TOR the purpose and that it did not
appear they had done so, and that upon the
whole there had been failure of duty on the
pant OF the Board and of the county, and that
the court ought to issue an absolute mandamus
commanding the Board Of Supervisors to pay,
or cause To be paid the judgment and exrcu
tlon when had been recovered aud issued
against the county, principal, interest, aud
costs, and also the costs OF the proceedings ior
maudamus.
Judge Bond entered an order awarding an
Imperative mandamus against the Board of
SUPERVISORS, commanding them, on or before
the LIST day OF February next. to pay, or cause
to be paid, TO Mr.. Jcnklns the amount of his
Judgment and execution, and costs. and the
costs OF the mandamus proceedings -Rtch
mOnd Dtspatch
FAUQUIER COUNTY COURr--Thirty- nine
deeds We're Admitted to record aud seven order
ed during this term, and five grants of admin
istratioo.
The regular grand jury falling to be present,
special grand jury was empanneIed on Tues
day. 1t found true bills against George String
fellow and James Davis both colored, for petit
| larceny. These men were subsequently, tried
and fouod guilty. Stringtellow was sentenced
to live days 10 Jail aud twenty ashes, and
DAVIS to torty-elght hours 10 jail and twenty
! lashes.
The time for returning assessments of lands
was extended to January /, 1916.
VIM. Colvin was appointed Ovcrseer of Poor
| for Cedar Run District, and u A. Jeffres for
Marshall District
JAS. i. Strpther and Wm A.. Jennings
qualified as Deputy Treasurers of Fauquier
county.
Commonwealth vs. Thornton Quiscuberry;
defendant amerced in the sum OF $40.
Commonwealth vs.. Davy Washington; re.
cOgnlzanco declared forfeited and sci. ia.
awarded.
Thornton Payue's will was proved.
l. b. Hutchinson was appointed trustee of
Anna Il. Hutchinson.
Three road orders were made, aud several
cases that coucern the parties only, were dis
posed of.
CAPTAIN JOHN NJ. ROBINSON, President
OF the Richmond, Fredericksburg and Potomac
and the Norfolk and Seaboard Railroads has
been elected President Of the Raleigh and Gas
ton and Raleigh aud Augusta Air Line Rail
roads. The Norfolk Landmark says:
captain Robinson has high reputation,
and the condition of the great improvements
pow uoder his control furnishes the best evi
dence of his foe administrative ability. These
lines, both by land aud water, are held 10 the
highest esteem by the travelling and financial
public, and they are managed down to the
INQUEST details with skill and judgment With
such evidences Of his ability before us, we can
safely predict his success 10 the new field