Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1911-10-06
COURTS OPINION
ON BOND ISSUE

In proceeding instituted in the
Circuit Court to establish the validity
of Tazewell County district road
bonds, the court gave the following
opinion, which is self explanatory:
This day came the parties, by their
Attorneys, and the defendant demuIr-
ed to the plaintiffs notice, which
demurrer is in writing, but neither
the Court nor the plaintiff calling
upon the defendant to set out his
grounds of demurrer, it is not done,
and the plaintiff joined in the demur-
rer, which demurrer was argued by
the attorneys of both parties.
The Court, recognizing that the gen.
eral demurrer interposed by the de-
PENDANT to the plaintiffs notice re-
quires the examination and passing
upon of all questions of law arising
upon the plaintiffs notice and the
various acts and proceedings set fol- th
in the different exhibits filed with
and made part of said notice, is of
opinion:
LIST. That the act entitled IAN ct
to provide for the issuing of County
Bonds for permanent road or bridge
improvement in the Magisterial Dis
tricts of the Counties ofthe State"
approved February 25th, 1908, as
amended is not violative of Sect ion
1853 of the Constitution of Virgin ia,
nor in contravention of any other part
or provision, of said Constitution,
and that therefore, the said statute is
constitutional.
End. That the election held in the
county of Tazewell, for the purpose
of authorizing the issue of $625, 900
of bonds of that County, as provided
for in said statutes, is legal and val
i'd.
3rd. That all of the proceed ings
taken and held by the Board of Su-
pervisors of Tazewell County, carrying
out the expressed wishes of the sal d
County, at said election, preparing
for, ordering and authorizing the is
suing of County bonds are proper le-
gal and valid and in full compliance
with said act including the bonds is
sued to the defendant and the three
bonds rendered said G. j. Moss are
in lega. form.
9TH. That any bonds issued under
said statute are County Bonds and
the same statute expressly declares
that the full faith and credit of the
entire County is pledged for their
payment. So far as the holders, or
owners. of any bond, or bonds issued,
or ordered to be issued, under said
statute. is concerned, they will not
have to look to, or depend upon a
Magisterial District for their pay
ment, but the whole county is primar-
bound as the maker of any such bonds
The fact that. under section of said
act, the following sentences are re-
quired to be written or prin ted in the
bonds, to wit: These bonds are is
sued -Magsterial District.
but the full faith and credit OF the
entire county is hereby pledged for
their payment; and tax to be levied
upon the property of said district to
pay the interest on them. and to
create sinking fund sufficient in
amount to pay them upon maturity"
they do not change. modify or alter
the direct obligation of the county
to pay such bonds, but the court is of
opinion that they are meant to pre-
serve record, during the long run
ming period of the bonds, between the
Magisterial district and the county,
so that the comnty, through it's Su-
pervisors, may have the power to pre-
pare for the payment of the accruing
interest and payment of the bonds
and to levy tax upon the property
of that district wherein the money
arising from the sale of the bond has