FORMS IN EQUITY. And, being well and sufficiently advised as to all matters of fact and law arising herein, and the premises being fully seen, the court doth order, adjudge, and decree that the plaintiff, to its own use, and to the use and benefit of the said counties of Pulaski, Faulkner, Conway, Pope, Johnson, Franklin, Crawford, and the Fort Smith District of Sebastian County, and of the several cities, towns and school districts hereinbefore mentioned, do have of and recover from the defendant, the Little Rock and Fort Smith Railway, for all taxes on its property due to the plaintiff, and to said counties, cities, towns and school districts for the years 1879, 1880, 1881, and 1882, the sum of $34,910.07. That the plaintiff and the counties, cities, towns and school districts hereinbefore named have liens, by virtue of the laws of Arkansas, for the amounts herein found to be due them, respectively, which are prior and paramount to any right, title, interest, claim, or equity of either of the defendants to this action, or anyone claiming by, through or under them, or either of them, upon the property of said defendant, Little Rock and Fort Smith Railway, to-wit: The whole line of said defendant's railroad from the city of Little Rock, in Pulaski County, Ark., to the city of Fort Smith, in Sebastian County, Ark., including its main line and side tracks, switches, turnouts, and such improvements, stations, depot structures, water and wood stations, rights of way, embankments, tunnels, cuts, ties, trestles and bridges, and such other of its realty as is necessary to the daily running operation of said railroad, its offices, furniture, engines, cars, locomotives, rails, tracks, iron, rolling stock, and all other property of every nature and description necessary to the daily running operation of said railroad. That the defendant, Little Rock and Fort Smith Railway, within three months from this date, do pay into the registry of this court, to the use of the plaintiff and others for whom it prosecutes this action, the said several sums herein adjudged to be due them; and in the event the said defendants FORMS IN EQUITY. shall not make the payment of said sums, either of them, or any portion thereof, within said three months, the said defendant, Little Rock and Fort Smith Railway, shall pay a penalty of ten per centum of the amount, or amounts, of said taxes so unpaid at the expiration of said three months. And a lien of the character herein before described, in favor of the plaintiff and others for whose benefit it prosecutes this action, for the amounts that may thus become due them, respectively, is hereby declared and fixed upon the property aforesaid of said defendant. That if the said aggregate sum of $34,910.07, or any portion thereof, as herein adjudged to be due, together with such costs as are hereinafter adjudged to be paid by the defendant, Little Rock and Fort Smith Railway, shall not be paid within three months from this date, the commissioner of this court, hereinafter named, after he shall have advertised the time, terms, and place of sale for the period of sixty days, by publication in some newspaper published in Pulaski County, Ark., and having a bona fide circulation therein, and in some newspaper published in Sebastian County, Ark., and having a bona fide circulation therein, by six insertions, in each of said newspapers, the last of which said insertions shall be not less than five days before the day of sale, shall sell, in front of the east door of the courthouse of said Pulaski County, at public vendue, to the highest bidder, on a credit of three months, the property aforesaid of said defendant, Little Rock and Fort Smith Railway, upon which a lien is herein elsewhere declared to exist, or so much thereof as may be necessary to pay such of said sum or sums, and cost to be paid by said defendant, as may be due and unpaid on the day of said sale. That the purchaser, or purchasers, shall be required to execute a bond, or bonds, with surety or sureties thereon to be approved by the commissioner making the sale; and a lien on the property sold shall be retained to secure the payment of the bond, or bonds, thus given for the purchase money bid at such sale. FORMS IN EQUITY. That all parties having an interest in any property that may be sold by virtue of this decree may redeem the same at any time within one year from the date of such sale, by paying into the registry of this court the amount of money for which the property desired to be redeemed shall have been sold, with a penalty on the same at the rate of 25 per cent per annum from the date of such sale. That upon the sale of said property, or any portion thereof, as aforesaid, if no redemption thereof shall have been made in accordance with law, the commissioner, after the expiration of twelve months from the date of sale, shall execute a deed, or deeds, to the purchaser, or purchasers, as the case may be, conveying to him, or them, the property so purchased. And upon the court's confirmation of such sale, or sales, and its approval of such deed, or deeds, all of the right, title, interest and equity of the defendants, and each of them, in and to the property that may be sold as herein provided, shall be, and the same are hereby, adjudged and decreed from the date of such confirmation and approval to be foreclosed and forever barred. That James B. McDonough, who was by the governor appointed as solicitor for the plaintiff to assist the attorney general in the prosecution of this action, be, and he is hereby allowed as compensation for his services herein 5 per centum of the amount that may be recovered in this action to the use of the plaintiff, and others for whose use and benefit this cause is prosecuted; and the same shall be taxed as costs to be paid by the plaintiff and others for whom it prosecutes this action, and shall be deducted from the amount that may be recovered, and paid to said McDonough before distribution shall be made to the parties entitled thereto of the amounts herein adjudged to be due them. That J. S. Whiting, the Special Master appointed herein, be, and he is hereby, allowed for his serivices as such Special Master the sum of $500, which shall be taxed as costs incurred in this action to be ultimately paid by the defendant, FORMS IN EQUITY. Little Rock and Fort Smith Railway, but which shall be paid now by the plaintiff, who shall have and recover the same from the said defendant, Little Rock and Fort Smith Railway, for which execution may issue, in form, as upon a judg-ment at law. That the defendant, Little Rock and Fort Smith Railway, shall ultimately pay all other costs of this action, save the sum of $107 of the sums reported by the special Master to be due H. B. Armistead, clerk of the United States Circuit Court of the Western District of Arkansas, which said sum of $107 shall be paid by Johnson County, Ark.; but the court doth order, adjudge and decree that the plaintiff pay all of said costs now to the parties to whom due, and that it do have of and recover from the defendant, Little Rock and Fort Smith Railway, the sums by it so paid, save the said sum of $107, and that it have execution therefor as upon a judgment at law. And that it have of and recover from said Johnson County, the said sum it shall so pay for it as costs, and that the same be paid to it out of the money in this decree adjudged to be due said county. That ... is hereby nominated and appointed the commissioner of this court to execute this decrce; that he shall make the sale herein provided for; that he shall report his doings in this behalf to the court for its action thereon. And the court doth retain control of this cause for such further orders as may be proper to enforce the rights of the parties hereto, as herein adjudged, and the rights of such as may hereafter become parties to this action by proper proceedings. INDEX TO FORMS. ACKNOWLEDGMENT: to commissioner's deed, record entry of, 543. to commissioner's deed, 544. ACTIONS: consolidation of, order, 456. ADJOURNED TERM: opening order for, upon exchange of districts, 438. order of, from one day to another of term, 435. order of, to following term, 435. ADMISSION TO BAR: oath to attorney upon, 455. ADVERTISEMENT: for bids on personal property in hands of receiver, order direct AFFIDAVIT: for attachment, 452. for warning order, 439. of surety, 442. AGREEMENT: to take deposition, 451. ALIMONY: decree of divorce awarding, etc., 469. order directing payment of, pendente lite, 464. ANSWER: order filing, 447. ASSESSMENT: interlocutory decree and order for, of railroad property for back ASSISTANCE: writ of, 456. writ of, order granting, 456. ATTACHMENT: affidavit for, 452. bond for, 452. decree sustaining, as to lands fraudulently conveyed by husband to wife, etc., 499. decree of general, and summons, 453. ATTORNEY: oath to, on admission to bar, 455. |