Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-06-13

quired by public meeting of the people of York
county, or by any lawful authority, to submit the
determination of the proposed subscription to
the people of York county, at an election to be
held for that purpose, and that the County Com
missoners refused to accede to such request. On
| the contrary they aver the confident opinion,
} that with some exception, the people OF York
county favored the said subscript on, and that
the request of meeting of some of them, held
at Yorkville, which they suppose is that referred
to in the complaint, to the County Commissioners
to have vote of the people thereon indicated
this. They admit that the County Commission
ers of York county, the proper authorities of
York county, did, in the exercise of the power
conferred upon them, in the Act of Assembly
aforementioned, make the subscription to the
capital stock of said Company, deeming the vote
of the people thereon unnecessary acting in the
premises in accordance with law. And these de-
PENDANTS deny that the said County Commission
ers were induced to take this action by the said
Railroad Company and its agents, or by any
agent thereof
5. They deny the allegations of the fifth para
graph of the complaint, and aver that the County
Commissioners of York county did have the au-
thority to make the said subscription, and to issue
said bonds pursuant thereto, and that the said
bonds are valid and binding obligations of York
county.
6. They admit the allegation of the sixth para
graph Of the complaint, that the said bones con-
tain on their face provision that the coupons at
tached thereto, as they mature, shall be received
in payment of county taxes" which allegation is
nothing more than statement of the legal effect
and result of the issue of the said coupons in the
form and for the purpose for which they are is
sued. And they deny that the County Commits
soners had no authority to make such provision
for the payment of the county taxes, and that the
said provision is calculated to deceive everybody.
7. That as to the allegation of the seventh para
graph, they say that all of the said bonds of the
county of York having been delivered to and re-
ceived by the Chester and Lenoir Narrow Gauge
Railroad Company in payment OF the SAID sub
scription, were negotiable and disposed Of by the
said Company, for the purposes of said railroad,
for it's construction within the limits Of said coun
ty and that all of the said bonds are now out
Standing in the hands of purchasers and holders
for good and valuable consideration.
g. That the allegations of the eighth paragraph
are true to this extent only, to wit: That certain
of the said bonds are now held by the National
Bank of Chester as depositary that is to say :
Three hundred and sixty-tive bonds in number,
as security and indemnify for liability of fifty
four thousand five hundred and fifteen 95-l OO DOL
lars, incurred by these defendants for and at the
reules, of the Chester and Lenoir Narrow Gauge
Railroad Company, to the Roane Iron Company
for iron furnished to and now in the actual use OF
the said Railroad Company, which liability. is
still in full force, the money thereon being unpaid
and these defendants are now threatened with suit
thereon That the said bonds were transferred
and delivered by the said Railroad Company, and
deposited in said Bank to the use OF these defen-
dants because of, and as guarantee against this
liability and that the said bonds are held solely
as applicable to the said debt for the protection
of these defendants, subject always, nevertheless,
to the right of the Roane Iron Company to de-