Page:Federal Reporter, 1st Series, Volume 5.djvu/787

Rh DOUGLASS v. LINCOLN COUNTY, IN THE STATE OF MISSOURI. 3 17. (Circuit Court, E. D. Missouri December, 1880.) 1. MUNICIPAL BONDS ISSUED "MISSOURI. " Municipal bonds are not duly "issued," under the laws of Missouri, unless the same, have been duly registered in the office of the state auditor. ED. • J 1 Defendant requests the court to instruct the jury as fol- lows: "The jury are Instructed that the bonds from which coupons sued on are alleged to have been detached were not" executed or 'issued by the defendant until the same were countersigned, before delivery, by an agent of Lincoln county. It, therefore, the jury find from the evidence that either of the bonds sued on was thus countersigned and delivered after March 30, 1872, by James M. McClellan, claiming to act as agent of Lincoln county under and by virtue of an order of the county court of said county, made May 16, 1872, the jury are instructed that as to such bonds, and as to any coupons from such bonds detached, plaintiff cannot recover unless the jury further find from the evidence that said bonds and coupons have been registered in the office of the state auditor of the state of Missouri." (· . " tr John B. Henderson and John H. Overdut, for plaintiff." H. A. Cunningham, for defendant.' r .f. TREAT, D. J., "(orally.) The question presented is very clear. It is as to the meaning of the term "issued," as found in the act of the general assembly of the state of Missouri, entitled “An act to provide for the registration of bonds is- sued by counties, cities, and incorporated towns, and to limit the issue thereof." Section 4 provides: "Before any bond hereafter issued by any county, city, or incorporated town, for any purpose whatever, shall obtain validity or be negoti- ated, such bond shall first be presented to the auditor, who shall register the same in a book or books provided for that purpose, in the same manner as the state bonds are now reg- istered, and who shall certify, by indorsement on such bond, that all the conditions of the law have been complied with in