Eastern Colorado times., 1912-12-27

by and from said district to plaintiffs
as aforesaid on account of the con-
and erection of said building
as aforesaid, the sum of two thousand
four hundred and three dollars.
Sixth: Further complaining, the
plaintiffs allege, that on or about the
9th day of August, 1909, the board of
directors of said district, certified to
the board of county commissioners of
said Cheyenne county, that the sum of
ten thousand dollars was required for
maintenance and deficiency heretofore
incurred by said district, and pursu
ant to said action and certitication of
the board of directors of said Irriga
tion District, SO made and certified as
aforesaid, the county assessor of said
Cheyenne county did duly assess and
enter upon his record as such assessor
the assessment of all real estate lying
and being within the limits of said
district, with the exception of lands
in said district comprising a part of
the public domain of the United States)
and did duly extend said assessment
on his books, and did duly make re-
turn thereof to the said the county
commissioners of said Cheyenne coun-
ty, and did value the lands so assessed
at the same rate per acre, and there
upon the said, the county commission
ers of Cheyenne county, pursuant to
the acts and return of said assessor,
and the said certificate of said board
of directors of said district, did fix
the rate of levy on the said lands
within said district necessary to pro-
vide said AMOUNT of money, towit, the
said sum of teh thousand dollars, and
did increase the rate of levy necessary
to raise said amount fifteen per cent
on the assessed valuation of the said
lands in said district AS by law pro-
vided to cover delinquencies in the
payment of the taxes so assessed and
levied, and thereafter the county as
SCISSOR did duly deliver the said tax
list and warrant for the collection of
said taxes so levied as aforesaid TO
the county treasurer of said Cheyenne
county in pursuance ofnnd in accord
ance with the laws of the State of Col
OradO, in such behalf made and pro-
vided, and the same thereupon and
thereby became an assessment, tax,
and fixed charge upon and against
the said lands in said district to the
sum and amount of ten thousand dol
lars, of which tax so levied and as
sessed as aforesaid, there was collected
and paid into the treasury of said dis
trict, the sum of eleven thousand two
hundred and forty-six dollars, of
which sum there now is and remains
in said treasury, uneNpended and un-
appropriated the sum of two thousand
and sixty dollars, available upon the
payment of plaintiffs said claim.
Seventh: That during all the time
that has elapsed since the levy and col
lection of said assessment and taxes
as aforesaid, the board of directors of
said district have failed, neglected and
refused, and do now so fail, neglect,
and refuse although many times de-
mandcd SO to do, draw any order or
warrant upon the treasurer of said
district, tOwit, the county treasurer of
said Cheyenne county. Colorado, in
favor of said plaintiffs for the pay
ment of said money SO due to them as
Aforesaid, or any part or portion
thereof: and plaintiffs are informed
and believe, and so charge the fact to
be, that the board of directors of said
district are about to draw or have
drawn warrants or orders on said
general tax fund of said district so re-
mainin. in said treasurer's office as
aforesaid, and are about to pay said
money out Of said treasury upon
claims. or pretended claims against
said district, that have accrued subse-
quently to the year 1909, and were not
embraced in, nor provided for in or
by said tax levy, which said warrants
signed by the president, and counter
signed by the secretary of said dis
trict, and accepted by said treasurer,
will operate to- prevent and deter
plaintiffs from obtaining any portion
of the general fund of said district,
now in said treasury US aforesaid, to