Joseph P. Bradley

“ The court says: 'Keeping in mind, as must be done, there is no implied authority in municipal corporations to make donations to railway companies, and to issue interest-bearing bonds in payment, it must appear there is express enabling legislation to that effect before municipal corporations can properly assume to exercise such extraordinary powers. No such authority is to be found anywhere, in any public or private law of this state, applicable to the town of Enfield at the time that corporation undertook to and did issue the bond held and owned by the respondent ”

“ The most that can be said is that a person purchasing the bonds may be bound to know that the place named for payment therein is not bind ng on the county, and that, though made payable elsewhere, their legal place of payment is at the office of the treasurer of Enfield. The question whether a municipal corporation, authorized to issue bonds, may or may not make them payable at a place other than its own treasury, (there being no statutory direction on the subject,) is one of general jurisprudence, in reference to which the courts of Illinois take a particular view. ”

“ If he were to deposit the money in the bank for the purpose, and it were to break, or the money should otherwise be lost, he and his sureties would no doubt be liable for the loss growing out of his illegal act in placing the money in a place unauthorized by law.' The court did not regard this as a ground for enjoining the collection of taxes, but enjoined their collection upon other grounds. ”

“ Rights to real property and personal chattels within the jurisdiction of the court, and subject to its power, may be affected by lis pendens, but not those acquired by the transfer of negotiable securities or by the sale of articles in market overt in the usual course of trade. ”

“ The court further found that at the June term, 1880, of that court, judgment for the plaintiff against the defendant was rendered upon coupons then due, detached from the same bonds from which the coupons now sued on were taken. ”

“ This act authorized the company to construct a railroad from a point on the Illinois Central Railroad, by way of Fairfield, in Wayne county, to the Ohio river. The route designated would naturally pass in the neighborhood of Enfield, and the railroad, when built, did pass through the town. The seventh section authorized counties through which the road might pass to donate to the company any sum not exceeding $100,000, and to give its bonds therefor. The ninth sec ion authorized any town in any county under township organization to donate not to exceed $30,000 ”