Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-29

case OF hSuneUy VS. 4uo Sily VI oeSAe iAASHso,
in which he intimated that plaintiff remedy
was by mandamus, will virtually settle the
status of the bond cases. Following are
Judge Firms findings:
To the Hon. the Supreme Court of the
State of California: Tne undersigned referee,
appointed by this Court on the oh day OF
March, 1884, to take proof snd report ind
ipgs on the issues f fact involved in this case,
respectfully reports as follows:
L have been attended on the hesring in the
reference by + ssnbaum & Scheeline, and S
G. benson, counsel for petitioner, and by
McKune & George, counsel for respondents.
On the testimony taken on the hearing l ind
the following facts:
/ find that the Treasurer Of the city and
county CT Sacramento did execute, issue and
deliver to sundry persons, in the manner pre-
acrieed by aud under and in accordance with
the provisions of sn Act of the Legislature of
the State of California, passed April "a
1858. entitled, San Act to repeal the Act
passed March &c. 1851, entitled, AN Act to
incorporate the city of Sacramento, and the
several Acts amendstory and supplementary
thereto, snd to incorporate the city and
county of Sacramento" bonds for sums Of
money amounting in the aggregate 10 81, 474,
500, or tberesbOuts.
L
and county of Sacramento under and in &C.
cordance with the provisions of said Act of
April "a, 1858, were issued in payment and
liquidation of legal debts and liabilities Of
said city OF Sacramento.
g. I find the said city and county of
Sacramento did execute, issue and deliver,
among others, thirteen cartain bonds for
81 600 each, numbered respectively %. 20,
As. 81, 79, "A, Is, Is, 1O3. 1O4, 1O5, Jog and
10Y.
4 find that all of said bonds are dated
January l, 1859, and have annual interest
coupons attached thereto, in accordance with
the provisions of said Act. All of said bonds
and coupons are in the same words and fig
ures, differing only in the number of said
bonds. The following is copy of one Of
said bonds, to wit: Bond No. %, with a
copy of the coupons attached thereto:
Bond OF the City and County OF Sacramento
$1,000. No. %;
the Act passed March &C. 1851, entitled Gan Act to
incorporate the city of Sacramento" and the sew
eral Acts amendatory and supplementary thereto,
and to incorporate the city and county OF Sacra-
mento, passed by the people of the State Of Ca!Or-
MA represented in Senate and Assembly, and ap-
proved April "a, 1858.
The city and county OF Sacramento will pay TO the
bearer thereof the 1st day OF February one thou
sand eight hundred aud eigh'y-three QSo5l at the
sand dollars together with interest thereon at the
rate Of six per cent per aunum, payable annually
the LIST day OF January OF each year at the Office
OF the City and County Treasurer on surrender OF
the annexed coupons.
In testimony whereof, and in accordance with the
Act aforesaid, the President and the Clerk of the
Board of Supervisors and the Treasurer have re-
spectvely signed, countersigned and Endorsed these
presents and caused the corporate seal Of the city
and county of Sacramento to be affixed at the city
of Sacramento this LIST day of January, in the year
of our Lord one thousand eight hundred and fifty
nine. Ii L. NICHOLS,
President Of the Board of Supervisors
]. B. DAYLES, Clerk of the Board of Supervisors.
Endorsed across the face of the foregoing
bond in red ink are the words City Funded
1853"
At the lower left-hand corner of the above
bond is seal of the Board of Supervisors Of
the city and county of Sacramento, organ.
lied May S, 1858.
Attached to the above bond are six eou.
pons, which read as follows:
S. COUPON. No 80
On the first day of February 1888. the city and
county OF Sacramento will pay TO the bearer, at the
office of the Treasurer OF the city and county, five
dollars for interest then due on bond No 25.
MORO. MILLER, Treasurer.
$50. COUPON. No. %.
On the first day of January. 1883, the city and
county OF Sacramento will pay to the bearer, at tee
office of the Treasurer Of the city and county, sixty
dollars, for interest then due on bond No. %.
MORO. MILLER, Treasurer.
500 COUPON. No. IS.
On the Ssst day of January, 1887, the city and
county Of Sacramento will pay to the bearer, at the
office Of the Treasurer OF the city and county, sixty
dollars, for interest then due on bond No. %.
MORO. MILLER, Treasurer.
$50 COUPON. No. q.
o. the first day of January 1856, the city and
county OF Sacramento will pay to the bearer, at the
office Of the Treasurer of the city and county, sixty
dollars, for interest then due on bond No. %.
MORO. MILLER, Treasurer.
$50. COUPON No. &C.
On the first daY of January, 1885, the city and
county OF Sacramento will pay the bearer at tn
Office OF the Treasurer of the city and county, sixty
dollars, for interest then due on bond No. 25
MORO. MILLER, Treasurer.
500 COUPON. No. 25
on the first day of January, 1884, the city and
county of Sacramento will pay TO the bearer at the
Office Of the Treasurer OF the city and county, sixty
dollars, Tor interest then due on bond No. %.
M0RG. MILLER, Treasurer.
Endorsed upon the back of the foregoing
bond are the words and figures
No. IS. Sacramento City Bond. $1,000. Issued
January !, 1853. MORO. MILLER,
City and County Treasurer.
There was also offered in evidence de-
tached coupon Of the above bond, ia words
and figures following, to wit;
SEQ. COUPON M. %.
On the first day Of January, 1858, the city and
county of Sacramento will pay to the bearer, the
office OF the Treasurer Of the city and county, sixty
dollars, for interest then due on bond No. p.
MORO MILLER, Treasurer.
Across the face of the foregoing seven con.
pons is printed in red ink the word City"
). find that all Of said bonds and coupons
were duly and properly signed and counter
signed, sealed and executed under and in &C.
cOrdance with said Act.
6. find that all of said bonds are payable,
according to the terms thereof, on the first
day of February, 1888, and the coupons
thereto attached are payable, according to the
terms thereof on the first day Of January of
each year, except coupon No. 80, which ia
payable on the first day of February, A. D.
1888. and is for s. and l further find that
said bonds and coupons are all payable to
bearer.
:. find that the plaintiff, Daniel Meyer,
is the owner and holder of said bonds num-
bered %, 26. As, 81, 70, "a, 70. 76 103, 104,
105, LOG and 107, together with the interest
coupons thereto attached. And 1 further
find that neither the said bonds nor the
coupons thereto attached, nor any part
thereof, have been paid.
s. | ind that the interest coupons payable
January l, 1888 belonging to and issued with
said bouds tout which coupons have been de-
tsched from said bonds) have not been paid,
nor any part thereof.
Q. l find that the amount Of the indebte J.
ness now outstanding against said city of
SACRAMENTO, created under and by virtue of
the authority of said Act of April "a. 1858.
is as follows, to wit: Principal, 81, 040 COO !;
interest, S40O, 600
10. fud that the rate OF taxation upon
each 800 of taxable property within the
limits Of the city Of Sscramento, levied by
the respondents FIR municipal purposes for
the year 1888, was 80 cents on each Sl00.
IL l find that from the funds for Vh'ch
said tax was levied money was spportion ed
from the general fund to the interest or sink.
I ing fund TO the amount or proportion Of 50
per cent. of said general fund.
u end that the amount Of revenue de-
rived from all sources that will go into said
interest and sinking fund for the ypsr 1888.
uuder levy of 90 cents on each 500 worth
Of taxable property for general purposes, i,
the sum Of S47, 59l 20.
- find that the amount Of revenue
which would be derived from ell sources that
would 90 into said interest and sinking fund
for the year 1888. under tsx levy Of 81 on
each 500 Of taxable property for general
purposes, would be S79,0l2 II.
IA tiud that the amount Of money now
in the interest and sinking fund of said city
| Of Sacramento is Si59 81 81.