Page:Federal Reporter, 1st Series, Volume 7.djvu/175

 AMI V. OITT OP GALENA. 163 �Amy V. City of Galena. {Circuit Court, N. D. Illinois. May 18, 1881.) �1. Mdnicipai, Corporations — Judgments— Liens. �The duty of a municipal corporation, to take the propersteps to raise means where'with to pay judgments against it, is a continuing obliga- tion, and is not subject to the statutory limitation of the lien of sucb judgments. �2. Same— Execution. �Ko execution can issue against a municipal corporation. �3. Samk— Indbbtedness— Repeal of Stattjtb. �The legislature bas no power to repeal a atatute for the pajrnent of a municipal indebtedness, where such statute had been enacted and was in force when the indebtedness was incurred. �4. Same— City Taxes — Town and Coitntt Collbctoks. �Town and county collectors, so far as they are charged with the duty of collecting city taxes, must be deemed, pro tanto, city offlcers. �fi. Same — Indebtedness— Waivek of Anncal Lett. �Relater recovered judgments against the city of Galena amounting to more than' $25,000. At the time these judgments were recovered the relater had a right to insist upon the annual levy of a tas of 1 per cent, to applyupon the principal, and of 1 per cent, to apply upon the interest, of this indebtedness. Hdd, upon application for a manda- m-us, more than 15 years af ter two of said judgments had been entered, that the city would not be required to levy and collect in one year sufflcient taxes to pay the whole amount due, but that it would bp required to levy a tax of 1 per cent, to apply in the extinguishment of the principal, and 1 per cent, to apply in the extinguishment of the interest on the indebtedness, each year till the whole amount is paid. �Petition for Mandamus. �Grant & Grant, for relator. �D. e T. J. Sheehan, for the city. �Blodgett, d. J., (orally.) This is a petition for mandamus, in which the relator avers that on the sixteenth day of Janu- ary, 1866, he recovered a judgment in this court against the city of Galena for $19,377.50 debt, and $768.82 damages, and $68.17 eosts, making in all $20,214.40; that on the tenth day of July, 1866, he recovered another judgnient against said city for $2,500 debt, and $150.20 damages, and $36.32 costs, making in all $2,686.52; and that on the ��� �