Page:Federal Reporter, 1st Series, Volume 5.djvu/788

 776. FEDERAL KÇPORTER. �its issue, if that be the case, and also that the conditions of the çpijtraet jinder which they were ordeypd tp beissued have also iaeen complied with, and the evidence of that fact shall be filed and preserved by the auditor, " etc. It seems from the evidence that the countj court, on the twenty-first of June,- 18.J0, oj-deii;^ that these bonds be issued, and that the pre- sidiHg jiidge of the county court and the clerk of the court signed the same, and that the seal of the county court was afSxed ther^eto on said day, and that on the followi,ng .day the bonds werie placed in the hand? of J). ^. Wjajidyyas agent oi iiinopln coui;i,ty; t^hat afterwards, on.the aixteenth of May, 18J,2, said Waddy rpsigned, audi surrendered into thecustody of ,jj^he court ail ^opds numbere^ above 9. cert?,!?! tf^^rabç* ; thati on, said day the court apppii^ted James M..McClella.ri agentof Lincoln^ coUjEty, and that, the bonds above e^id number,are countersignedi only by said James M. McGlellanas agent of Lincoln; county. Uppathe facepf each pf these bon,ds it is declared that,"this bppdshall be countersigned; ,by thp agent of said county before thedelivery thereof." I cannpt hold that thpse bpnds were properly executed or issued by Lin-; coin county before the game were countersigned and deliy- ejed pr negotiatpd by the agent of Lincoln county, asrequired upon the face of each of said bonds.- Until these aets were duly performed by a duly authori^ed agent pf Lincoln county, the bonds were neither executed nor issued, within the mean- ins pf the af oresaid regiçtration aot, and I shall therefore give the instruction asked by defendant. ., ■ ■ �io ^hich ruling of the court pla,intiff's çounsel exoepted. ����