DOUGLASS V; L1NOOtN'
775 .'.,:
11. .,J
LmboLN j (.1.,'-'
COUNTY, ''IN T1rE :',
'!
"l! ':- ' i[q;
STATll: lJt-
:Mi!iS017RI. ' : .
(Qircy,it 9ourt, ;8,.
1880.)
BONr1S .:..c'i,lrssuED rj' "j , Municiplil bbnds i10t duly ";issued, "'urtl1er of , ,uqlesathe'lIal!le,!lfIV6j in the, otl1ce of the stBUl 'J ',' ,J,
thecdtirt, to the 'jury:as that' the'b'ondl frorii which Sb'ea; ob. Jiiie 'tille'ged' tlfhav,e n.ot" until' same ootitttetSigrieB; befote 'liy' an If; therefore, the frak efia,ence dri dlid' after f872;hy'J¥mes, to' adt as ' agerit' bf ,Lincoln cithintyuhaer lind I, 'iTirtue .au', order of. the0Mul1iy eourtohitid cOtu{ty, matleiMltj- i(j; 1872, the jury , are'instructed'thal'as' to bonds,'and'B.sto liny coupons frOm: such bonds plaIntiff cStl1l1gt'fei:l6Ver"uilless the further: find <tba' ',thltt' 'stiiq bbnds l\nd 6f t4e'stMie of ';"i, r :i [j' ' " , ' : . i ''''ohh B; ; HeWiefJ{oh ahd'J'o"fttt. 'H. ·DvMaU:' fb'tplkintiff.' i " "H;'A.. Ounnin'ghafnj';for .i,' . , 'TREAT, 'is vert clear. It is as to the bfibe as foutid' in theaet of the general as\;ginbty .. of 'Misso1lti, entitled "An act to provide for the registration of bonds issued 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 negotiated, 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 registered, and who shall certify, by indorsement on such bond, that all the conditions of the law have been complied with in
}<1Ws.::;
i
bi
776,
FEDER¥- lUj:PORTER.
its issue, if that be the case, and also that the conditions of which; ordeXtl4:tp,beissued have also been complied with, and the evidence of that fact shall be filed and preeerve« by the auditor, "ete.It seems from the evidence that the county court" on the twenty-first of June,1&79, be issued, and that the presiding<judgeof the county court and the clerk of the court signed the same, and that the seal of the county court was aflixed thereto on .said day, li.pdthl).t on t4e ,day in the hand,l;IofJ). 8,. agent' afterwards, Waddy and r surrenderedjnto t4e !Custody \>cw.,ds abQve ;that 1 court 9" L,incoln co-qnty, and that the bonds above a.gento( faqe',Qf each qf these ,it is decJ;1red that:;this b()J;J.d,f!4all be ,by, the agent of, 13aidcounty the, ,delivery thereof." I eannpt hold that or issued by Lin-; coIn county the pr hy the, of Lincoln county, as:rllquired the face of each of said bonds.. ,Up-til these acts were duly parformeQ.»y a· dul,authori!l;sd agent qf the bonds neither 'executed nor issued, within ,the mean, . '1 " " the aforllBaidregii;ltra#ona.et, and I shall therefore give t-tl,e instruction a&ked by defendant. " ' , . . to whichrulirtg ,of the cOl1:»tpl;ailltiff's counsel excepted. ;" '.' ;, ( '. ,
"
LONERGAN V. MISSISSt1'PI RIVER BRIDGE 00.
777
LONEIttlAN
v.
MISSrSSIPPIRlVEIt BRIDGE CO.' l
{OiriJuit(Jourt, E.,J).·;Mtssouri.
OF
DIKE' IN ''
-..:
LANDS""':'
'INJURING FERRY' FRANCHISE.
Suit to recover damages fnl'iiJpJuries allegeli to ha,ve,l!een,dllJ;le to to a qy of a' in tll? 1;11 the qefEmdan tHeld, (1)' that plainti:ff had; urldertlie laws of illinois,' and 'aCcording ,to the: evidence;;nociltle t()j thelahds, lor .llljuri to ,which the guit :W1J.S! tlu!-t tb,e act granting, a ,cllarter for a which the plaintiff claims, the e.nyright to'cohtrol the chamiel of the, to prevent its imprOvemeh't; compen$8tion to him by the Unit1l(i8tates.,' " ) ,: 't,,' follo:wed.;:[
or
(,:, for'plaiI1tiff. " R. Kern, 'for' ' : ' , C; i,' (orally .j:' plaintiff 'defendant recover inftuy' alleged 'to have 'been done to certain lands ltildtp· a 'certain 'ferry franchise by reason 'of theconstructioii of It certain dike in 'the'Yississippi riverbj By an of congress approved M!trch 3, 1871, river at the erection of'it railway Louisiana, was whillh biidge" was: to be builtundet and:accoidiI1g to'stichregulations for the security of the navigation of the river as the se.cretary of war should prescribe. 16 St. at Large, 473. · The secretary of war, in pursuance of the recommendation of 'it board of engUieers, rElquired the erection of too dike in'question for the 'oetter iniprovennent of the n:avigati6h'of thet'iver. The bridge nected· great by· rail,terminating oJ? th'e, river: ", ' ,,", 'i The plaintiff allegesthat'the of thee'rec\i6n of the dike was to injure lands beldrlgfng"to 'him a:djoiiiing the river, and also to impair the value of his ferry franchise, under which he was authorized to run a ferry across the Mississippi river at Louisiana. The question is, can he recover?' This identical controversy has been before the courts of Illi-
'D. P.
to,
(,.,
,c
" ,