The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1894-03-14

| ular October term until all Of said over
due coupons, with interest, and said
| judgment, principal, interest and cost
are paid, aud that thereafter "A sufficient
levy will be regularly made to provide
for the payment OF the inter st coupons
on said bonds as they mature, and to
provide u sinking fund for the payment
OF the principal Of such bonds at their
maturity. II is therefore now ordered
as follows, towit:
| That tax of eighty cents upon
each one hundred dollars of value of all
| property subject to taxation is hereby
levied upon the property OF said Tax
| District, which District Is described as
follows, viz The llardinsburg Magis-
terial District, and the Rough Greek
| Magisterial District, except that portion
| included in the following boundary. be-
| ginning at the mouth OF North Fork Of
| Rough Creek, thence up the same TO the
mouth of Caliemse Creek, thence up
said creek to the line between Hudson
| vile and Rough Creek Magisterial bis
trict, thence with said line to the South
| Fork OF Rough Creek, thence down said
creek to the b, ginning.
| THE County Assessor is ordered
and directed, as speedily as may be, TO
| make out and return separate ASSESS
ment book, as by law required, showing
| by proper specifications the assessment
of property for taxation within said Tax
| District.
3.-1he Sheriff OF this County, under
| his bond to collect the county levy, is
| ordered and directed TO collect said tax,
and to pay over the same as follows to-
| wit
On or before the 30th day Of June
| 1894, he will pay to the Fidelity Trust
and Safety Vault Company, trustee, Of
| Louisville, Ky, the sum of eighteen
hundred dollars, in trust, that it will pay
| to the respective holders OF interest cou-
pons due on the LIST day of July 1894,
the amount of said coupons held by them
respectively upon presentation and sur
render thereof at its Office.
On or before the 3lst. day of Deem
Der 1894, he will pay to said Fidelity
| Trust and Safety Vault Company, trus-
tee, the sum of eighteen hundred dol
lars, in trust, that it will pay to the hol-
ders of interest coupons due on the list
| day of January 1895, the amount of said
coupons held by them respectively, upon
| presentation and surrender thereof at
| It's office.
Receipts of said Trustee for monies so
paid to it by the Sheriff, shall be vouch-
| crs to him in his settlements The res
| idue of such levy collected by the Sheriff
| shall after p oper allowance TO him for
| collection, be paid by him to the Com
| missioner herein after named.
| 4-B. +. Beard is hereby appointed
Commissioner, who is authorized and di-
rected to receive from the Sheriff the
said residue of said levy collected by
him. And the said Commissioner
when he shall have received the same,
is ordered to pay and apply said residue
| of said levy as follows: First to the pay
meut of the cost of the mandamus suit
| OF w. Y. McCracken x Co. VS. Brecken-
| ridge County Court, next the payment
| of so many OF said overdue and unpaid
| coupons, with inter, st thereon, not en-
| braced in said judgment as the remain
| ing money in his hands will suffice to
pay and should there be more than suf-
| licient money in his hands to pay all of
| said overdue coupons with interest,
such excess be by him applied and paid
as a credit on said judgment of W. V.
| McCracken Z Co against Breckenridge,
| County, whereof the said Columbia FL
nance and Trust Company is the bene-
fetal owner
The coupons paid by the Commits
sioner shall be delivered up to him by
| the holders.
Before any action was taken by the
Court Judge Mercer asked to be heard.
He said that he was personally interested
in this matter, that he had requested
Mr. Fairleigh to add something to that
order but the gentleman had refused to
do it. That he would now ask the Court
| to grant him the favor. He said he was
owner OF six of the bonds, one of which
he had already been paid for, what he
wanted the Court TO do was to add to
the order presented by Mr.. Farleigh the
following clause. "That he n. Nc C.
Mercer was present in Court and claim
ed that he was the owner of five Of the
aforesaid bonds and entitled to the pro-
ceeds thereof"
To this Mr.. Fairleigh, in very emphatic
terms, objected. Said it was not digni-
fled proposition and it was not right to
cucumber the records with any such Or
der If Mr.. Mercer owned six OF the
bonds he had perfect right to bring
suit for his claim. Mr.. ID. X. Murray
attorney for w. V. McCracken & Co.,
objected to the order also and said there
was contest over the matter.
Mr., Mercer said in reply to Mr.. Muir
ray that there was no contest between
him and McCracken. only that Nc
Cracker had failed to deliver the bonds.
Mr.. Board, as County Attorney, said
that he could not add anything to what
had already been said by Mr.. Farleigh,
only that he wished Judge Mercer could
get his bonds and he would be glad to
see him get them, but he couldn't see
how the order would put him in any bet
ter shape for getting them, and he OBJ
jScted.
Squire Harmed moved the adoption
of the order as read by Mr.. Fairleigh and
Squire Ilambleton seconded it,.
Mr.. Monarch called the roll and there
was not a voice against it.
Judge Mercer made another appeal to
the Court for the adoption of his order
and the question brought out consider
able discussion between the Judge and
attorneys. Finally Mr.. Mercer by his
plaintive appeals succeeded in arousing
Squire Black to the point OF making a
motion to enter the order. A vote was