Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-25


charters have been or may be repealed, which
may surrender their Charters, and to provide fer
the compromise aud maSe settlement of the debls
OF such extinct municipal corporations respect
lively.
SECTION 1. BE ii enacted 6y the General ASssgbly
Of the state Of Tennessee, That as TO municipal cor
pOTzliOnS in this State whose charters may have
Deen iepea!ed at Inc TIME this act taxes effect. and
from uIe 10 TIME as the charters or other municipal
corporations may be Fepealed or surrendered, the
governor of the State shall appoint an officer for such
eNIhct eOfpo dtlohs RESPECTIVELY, 10 De known as
receiver and back collector, who shall take the
oath required OF other collectors OF public revenue,
and sndil give bond With good sureties. TO be ap-
proved by the county court of the county III which
the extipct corporation was situated, in such
the county court may prescribe, and IL shall be the
duty OF the quarterly court, at each quarterly term
thereof TO see that the bondsmen continue good
adequate lof Inc ul potecton OF all persons Inter
eSted, and for that purpose, from time to time, to
require further ami additional suTeties whenever
Sucn court deems me saine necessary Tor tie pro
lection OF those interested.
Sec. 2 Be IL further enacted, That such receiver
and back-taX collector shall make to the chancery
court every thee months full and complete state
ment showing all taxes collected ana set ed, and
an IN MS han1s that remain TO be collected and set
tied. He snail at the end OF each month pay into
treasury OF the State the whole sum By him collected
less his compensation He shall distinguish III
making such payments the respective sources from
which the MONEYS paid IN are derived. showing what
is collected from taxes Tor general purposes and
what Tor taxes for special purposes designating the
kept separate ia the State treasury in order that the
treasurer may pay the same according to any lien,
priority or equity II any, which may be declared by
the chaGcery court touching any of said funds i'll Ia
vor of any creditor class OF creditors.
sec. 3. BE 10 further enacted, That the back-tax
collector ana receiver Shall, as soon as appointed
enter upon the duties of his office; 1t shall be his
so OF al books, papers and documents pertaining
TO the assessment and collection OF the taxes EN-
Sec. 4 Be It further enacted, That for the purpose
OF SOecilng the revenue embraced In the provisions
of this act The receiver ana INSTRUMENTATION is en-
powered ana authorized to file 4 general c,eiitOiS
bill III the name OF The State, behalf all credit
against all the Delinquent taxpayers who owed
taxes To he extinct corporation at the tUe of ths
repeal or surrender OF lis charter which shall b
4 IA I n
such extinct corporation situated. All the SAID
GeiinQuentS IA any one county shall embraced IN
subpoena to answer ard for the same the eleik
snail receive fao If five cents Tor each defendant
named in the SUBPOENA exc d Tor tue first and for
that the lee allowed ia OtGsr provided he shall
not receive exceeding twenty-five dollars for such
subpoena and the she III Tor serving the same ShalI
ana for that the lee allowed for like services in other
cases Publication for uOn-rssiuents shall embrace
In the same publication II practicable, all nOn-Tesi
! dent defendants. The object being 10 make one
proceeding embrace lie 0noe taxes of SUCH extinct
corpO atiOn all pending suits TO be received in
tue name or the State, and consolidated with the
general proceedings herein provided for. when
| SO consolidated 10 form part OF SAID gen, IJl pro-
| ceeding. The court la which said proceeding may
be Instituted shall have power 10 settle AID adjust
all equities, pnorties ana liens, aud to give all
lief both to the defendants and the creditors that
as there are creditors and delinquent Taxpayers
such court shall have power 10 enforce all liens upon
property Iof Ie paylnehs OF sueh taxes ana 20 order
ana make all sales or property necessary to the col
lection OF such taxes. The taxes embraced By this
ScA, anu when " piolues iOIr are al taxes imposed
by said extinct municipalities up TO the time of the
/ repeal or tlelT charter. The CnancGFy
court in the exercise of tie jurisdiction conferred by
this act shall have all the powers possessed by such
courts in the administration OF the estates OF Eso
Nenl udtufol o OO' pOISte seIsOh IL II snGli appear
that the taxes imposed In any case excessive,
the court shall have power to reduce the assessment
| SO as to make il iaiT aE,d lust.
see. .. :e Il further enacted That back taxes i'm
posed prior to lhe year $40 may be settled in the
valid Indebtedness OF such extinct municipalities as
provided Uy section 66 OF an act passed March 20,
| 1875, entitled an act 10 regulate AID organize
| municipal corporations OF Certain population, and
| for the increase aud dimiuutlOn OF their powers.
and in addition to sata act as follows, to-wlt in
| valid bonds whether due or not. and due coupons
and any other valid debt Of such municDa with
accrued interest, whether IN The shape of scrip
rants yUdSu eIlts Ie0gef balances, paving ceftin-
Gates OF receipts for money paid by bacitX payers
10 paving contractors or 20 the said corporation for
aud ordinances authorizing front foot assessments
fOr paving and he back-tax collector and receiver
Is hereby required 10 aec ~ the same at the follow
ing rates, tO-Wit: bonds known as comnromiSe or
iunoed bonds shall be received aI their face value
past-du7 coupons ed ct balances etc.. shall lie
ceiYed at uity cents On the dollar. uLeAaf theiI
face value, and ali Judgments shall be received al
nifty centsOu The dollar OF their face value; prOUidea
which have been pronounced invalid by the supreme
Cf this State shall be excluded far as such
Invalid bonds shall compose part or the whole OF
such cOmprJmise bonds; ana compromise bonds IS
SUED In wnoe OF in part, in lieu o. bonds liable by
similar decision OF the supreme court, shall moi
be received 50 tar as they may be composed IN
whole or In par by such suspected DO oS, until the
| validity OF such suspected bonds shall be deter
mined by the supreme court OF the state, ana the
aforesaid bonds, coupons, scrip, etc shall be Feceiv
ed. with interest added II there be interest, II
payment Of taxes imposed prior TO 1875
whether before OF after judgment or decree against
the deli1qu5nt taxpayers In satisfaction of such
taxes, or by way of setof against take:
acquired be ore or after suit brou5h
ag .inst delinquent taxpayer. But before beina
ana receiver may if he chooses, ana il re suspect
the debt not valid or i! ary creditor gives him no
! settled BY the chancellor whether such Indebted
/
receiver and OaCk-taX collector TO receive in pa.
of taxes i'm osed after 1874 any of the aforesaid
: Valio Indebtedness OF the extinct municipality
Wien there Is no lien or equity requiring the sam
~ % pAlt IA Cui-ost inOltS4' LIZ nhe q aug
payer 20 pay taxes imposed after 1874 on the SAT-
Indebtedness Of the eXtin mu ucipality the cJur
: stall determine The same on motion at the istalc
! Of the parties interested. PTOysGad, however tina
In every case where bond OF any KIND OF character
) whether 1t BE- compromise bond or otte r kind U
bond, Is Received or taken up before maturity, al
: immatured interest coupons shall De suFsendere
with IT, and DO bond OF any kind shall IN any cas-
be received before maturityswhlch has the 1n!erss
y coupons detached, and nothing snail be alloHs-
+ | such immature coupons. All eIiGences OF indebt
! edness taken by said receiver IN payment OF take
r shall be Cancelled 10y him as soon as the same come
into MS hands, under the supervision OF the chaI
| celoF, and IA such manner as he may order or de
4 rec. Is. Be Il further e1sGcSed, That when coliet
tons snail be made OF taxes paid as herein PR
Stat 5, It shall not be lawful TOR such receiver an
r observation-disclosures TO coerce payment Of great
d ute the whole through I'VE equal annual install
q | ments- The said terlOd or i've years shall beg.
/ from the time OF the appointment and qualih alto
OF the DdckdX collector and receiver, aud all cos
J, OF concentrations, penalties and charges are her
" bg reuitted IN all wren taxes cOliecte
uuuer tLls act Ffoyldedr however, thht nCthln
herein cOntled IS Intended 10 interfere with al
O vested right which entities the party having sue
n right 10 spseder collection, but only 10 extend II
indulgence WI re the stale has the power 20 Go
r, without interfering vi h yesIet Tlsnts
= Sec Z. Be Il TFth enacted, That Tund5 cOllect6
lie under this snail be paid GU by the treasurer
the state ffam time To time 10 those entitled
Il such manner tie chaucery court may aGiud,
Il and decTee the rant OF the receiver cOunts
4 sigCed By the chancellor
n Sec 3. b a JlrttcT enacted, That the compens
tOa OF the bdck-aX collector and receiver OF Ihe
tucL corporation OF Mem Dts snail be two thOusat
ig dollars per annum but alter two years the couu
or court snail fix the salary OF said officer, not TO
r csed two thousand dollars per annum, and OF SUI
IL DINER municipalities Us this act may apply to-
sum as the quarterly court OF the county may aO
be n no case 10 exceed the sum tdat would be paid
Il tins county trustee for Ike services
sec y. BE IL further enacted, That the receiy
or and back tax collector shall have power 70 emp
an assistant at a CON- enSatiOn not TO exceed Q
at hundred dollars per month during the time he Is
sT- actual service,
he See. 10. BE IL further enacted That puhllcatiC
Tor shall make all creditors parties with the right TO
LEI as Iully as II specially named. and they may
any time ME with the clerk of the their cldi