The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1899-09-07
Freeman 4 Bates, 90
For Petitioner.
f. r. McNamee, District Attorney
of Lincoln County,
For Respondent
Freeman 4 Bates,
OPINION
BY Massey, ].

persuant to an act ofthe Legislature
approved February II, 1873. Lin
coin County issued and delivered
certain bonds to one certain Henry
l Thornton, that petitioner was and
is the owner and holder of said
bonds; that said bonds nor any part
of them, have not been paid, and
that the interest there on from the
date of maturity to the first day of
January, 1899, amounting in the ag-
gregate to $962O.0O, is also due and
unpaid. It is also shown that the
Respondents and the Board of Coun-
ty Commissioners of said County,
have refused and neglected to levy
the special tax provided for in said
Act for the purpose of creating a
fund for the payment OF said bonds
and the interest due thereon.
To the petition the Respondents
have answered in effect admitting
the material averments therein, but
alleging as a defense thereto that
since the year 1885 and up to the
year 1896, the respondents have not
levied or collected and interest tax
for the payment due on said bonds
under the provisions of the Act OF
1878; that of the proceeds OF the tax
for interest on the outstanding bonds
of said County in 1885 there remain
ed in the interest fund of said
County up to 1894 the sum of 5000
applicable to the payment OF said
bonds and interest; that in March
1894, the sum of $500. 90 of said sum
was paid out on intrest coupons then
presented, leaving balance in said
fund of $1,000. That the cause o.
action set forth in the petition die
accrue to the holders OF sait
bonds within six years Immediately
proceeding fling the petition, and
therefore the Statute of Limitation
applies against the bonds and an.
interest alleged to be due thereon
since the da'e of maturity.
The facts stipulated are that from
1885 to 1896 the Board of Count.
Commissioners did not levy or col
lect tax provided for in Section
of the Act, approved February II
1873, Statutes of Nevada, 1873 p. 81
nor did they levy any tax durin,
said years for said bonded indebted
ness or any part thereof; that OF th
levy of 1885 the sum of 5000 90 n
NAMED in the fund until March l89
when $4,000 was paid out upo
the coupons OF said bonds; the SUI
collected from the tax levy OF lS9
1897 and 1898 amounted annual
to about the sum Of $240O.0O, ar
was consumed in paying coupons
said bonds which matured on Jan.
1883 and prior thereto; that no i
terest maturing on Petitioners bon'
subsequent to January l, 1883 b
been paid, and no means exists
their payment unless the Respo
dents can be required to levy a
collect tax provided for in the A
of 1878. @
Practically the same question v
presented to and decided by t
Court in the action of the State
Rel. Davis, vs The Board of Coul
Commissioners of Lincoln Coun
2S Nevada ,262. Counsel for r
pondents seeks in his brief to d
tinguish that case from the case
bar, claiming that the presentat
of the counsel under the Act OF Il
created new contract as to the Q
pons alone. We fail to note
distinction made. By Section 8
the Act of 1873, it is provided
in addition to the ordinary taxes
County purposes there shall be
the year 1873 aud annually tn
after until the principal ana inte
OF said bonds shall be fully provi
for, levied and collected a spe
tax to be called the interest tax
forty-fve cents on each one hund
dollars Of taxable property OF
County, The fund derived I
this tax shall be applied only to
payment of the interest accruing
on said bonds. provided that sh'
said funds fur nish surplus over
above what may be required io'
payment OF said interest. such
plus shall be turned over ana
into the sinking fund provided
BY Section 10 Of the same Act