The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-29
g DEBTS or COUNTIES.
How they Must be Provided for q
Decision by. Judge bond.

I, In the United States Circuit Court Satur
day, Judge Bond presiding, Dir. jobs How
ard moved the court for an absolute man
dautsls In the case of Thomas q. jenkins. O
Baltimore, us. the Board OF Supervisors d
the county of Culpeper. he read the. pen
tIon Of Mr.. jenkins fled on fhe 12th OF, Oe
tober, 1875, setting forth that under ar ac,
of the General Assembly of December, 1870
the county OF CHipeper had Issued bonds te
the amount of fifteen thousand del!ars, Will
Interest coupons thereto attached, payable
semi-aEnnslly, for the purpose Of, erecting q
courthouse and other public buildings In the
county; that the bonds had been accordingly
issued, and that several instalnenss Oh cou
:pons, of, which Mr.. jenkins was the
holder, had fallen due ana had
been dishonored; ]; that BY the said act o
Assembly the Board or Supervisors were
authorized to levy special tax for the pay.
ment of the bonds and interestcoupons, and
that the faith of The county was pledged tt
the payment thereof; that the Board failed
to perform their duty under the law; thai
jenkins had accordingly brought suit in the
United States Circuit Court upon the
overdue coupons, aud had obtained judg
nent thereon, upon which execution
had been Issued, and returned 3no effects y
and praying the court for . q rule OF
naand1nsns niSi against the Board of Super.
yisors, requiring them to show cause why an
absolute mandam,Ss should not issue, com.
manding them to pay the judgment and exc.
cution Immediately, or In default thereof to
levy special tax, under the direction and
supervision of the court, for that purpose
Aud it was shown that the rule had been &C.
cordingly issued and been duly served upon
the Board.
Mr.. C.. u. Williams appeared for the
county of Culpeper, and filed the answer Of
the Board Of Supervisors. The answer stated
that the Board bad In December, 1874
passed an order levying special tax for the
purpose of paying the interest coupons and
of creating a sinking fund for the psymen,
of the bonds themselves when they should
become due; that the Board had also passed
orders directing the treasurer of the county
to pay the coupons which had fallen due
and that no interest should be allowed on
the coupons after their maturity. The Board
of Supervisors thus claimed that they had
done their whole duty in the matter, and
their counsel contended that nothing further
could be required of them. 1@.s
Mr.. Howard read the statutes, showing the
jurisdiction of the Board of Supervisor:
under the Law, and held that under all tht
circumstances of the case the Board had
been negligent Of their duty, and had no
properly exercised the powers with which
they were clothed for timely, and efectua
levy of taxes for the payment of the debt
that four semi-annual instalments of coupons
had fallen due and not dollar had been paid
and that it was the legal duty and business
of the Board of Supervisors not merely t
have levied special tax, but to have Levied
it in time to meet the coupons, and to hav'
seen that the special provision made for th'
payment of the coupons was fully carried
out, and If necessary to levy other taxes for tn
purpose, and that it did not appear they hat
done so, land that upon the whole there hat
been failure Of duty on the part OF the Boart
and of the county, and that the court ough
to issue an absolute manddDlus commanding
the Board of Supervisors to pay, or cause t
be paid, the judgment and execution Whlcf
had been recovered and issued against The
county, principal, interest, and costs, ant
also the costs Of the proceedings for man
dan1uS.
The court (Judge Bond) entered an orde
awarding an imperative naRddnaus agains
the Board of Supervisors, commanding them
on or before the 1st day Of February next
to pay, or cause to be paid, to Mr.. Jenkin
the amount of bis judgment and execution
and costs, and the costs Of the nandanau
rrneeedinps .s