Page:Federal Reporter, 1st Series, Volume 5.djvu/568

 556 f£debai< bbpobteb. �United States v. Counti ov Knox., �{Cirauit Omrt, S. D. Missouri. , 1880.) �1. Municipal Bonds— Special Tax— Genbhal Funds— General Rev- enues. �A county court, authorized to levy for county purposes a tax of not more than one-half of 1 per cent, upon the assessed value of the tax- able property of the county for each year, subscrlbed for stock of a railroad corporation and issued bonds in payment therefor pursuant to a law Tvhich authorized a levy of a special tax " not to exceed one- twentieth of 1 per cent, upon the assessed value of the taxable prop- erty for each year," to pay for the same. Edd, that if the levy of one- twentieth of 1 per cent, was insufflcient, the holders of such bonds were entitled to be paid the balance out of the general funds of the county, but not out of the general revenues.— [Ed. United States v. County of Ulark, 96 U. 8. 211. �Mandamus. �Plaintiff recovered judgment against said county on certain bonds issued by the county to the Missouri & Mississippi Eailroad Company, in the year 1868, under the thirteenth section of an act of the general assembly of the state of Mis- souri, entitled "An açt to inoorporate the Misbouri & Missis- sippi Eailroad Company," approved February 20, 1865. The thirteenth section provides as foUows: "It shall be lawful for the corporate authorjties of any city or town, or county court of any county, desiring so to do, to subscribe to the capital stock of said company, and may issue bonds therefor, and levy a tax to pay the same, not to exceed one-twentieth of 1 per cent., upon the assessed value of the taxable prop- erty for each year." �On the first day of December, 1879, the relater filed its information for a mandamus, against the county court of Knox county, to levy and cause to be coUected a tax upon ail the property in said county subject to taxation, and sufficient to pay off and discharge the warrant and judgment mentioned in the information, interest, and costs, and to apply the same, when collected, to the payment thereof, or show cause to the contrary. �Upon said information the court issued an alternative writ ����