This is an action at law, brought in the circuit court of the United States for the Northern district of Illinois, by Eliza Jennings, against the town of Oregon, a municipal corporation in the county of Ogle and state of Illinois, to recover $13,510, the amount payable by 193 coupons of $70 each, cut from 24 bonds for $1,000 each, purporting to have been issued by that town. The following is a copy of one of the bonds, all being alike except as to the number, and the time when due:
'UNITED STATES OF AMERICA.
'No. 29. State of Illinois, County of Ogle. $1,000.
'Know all men by these presents, that the town of Oregon, in the county of Ogle, and state of Illinois, is indebted to the Ogle and Carroll County Railroad Company in the full and just sum of one thousand dollars, which sum of money said town agrees and promises to pay on or before the first day of July, 1883, to the said Ogle and Carroll County Railroad Company, or bearer, with interest at the rate of seven per cent. per annum, payable annually, on the first day of July, at the office of the Farmers' Loan and Trust Company of New York, in the City of New York, upon the delivery of the coupons severally hereto annexed; for which payment of principal and interest, well and truly to be made, the faith, credit, and property of said town of Oregon are hereby solemnly pledged, under authority of an act of the general assembly of the state of Illinois entitled 'An act to amend an act entitled 'An act to incorporate the Ogle and Carroll County Railroad Company," which said act was approved March 30, 1869.
'This bond is one of a series, numbering from 21 to 60, inclusive, for $1,000 each, which bonds, so numbered, together with another series numbered from 1 to 20, inclusive, for $500 each, are the only bonds issued by said town of Oregon under and by virtue of said act.
'In witness whereof the supervisor and town clerk of the said town of Oregon have hereunto set their hands this thirty-first day of December, A. D. 1870.
E. S. POTTER, Supervisor.
'FRED. H. MARSH, Town Clerk.'
The date in each bond, 'thirty-first day of December, A. D. 1870,' is lithographed, like the body of the bond.
On the back of each bond is the following certificate:
'AUDITOR'S OFFICE, ILLINOIS,
'SPRINGFIELD, June 5, 1871.
'I, Charles E. Lippincott, auditor of public accounts of the state of Illinois, do hereby certify that the within bond has been registered in this office this day, pursuant to the provisions of an act entitled 'An act to fund and provide for paying the railroad debts of counties, townships, cities, and towns,' in force April 16, 1869.
'In testimony whereof I have hereunto subscribed my name, and affixed the seal of my office, the day and year aforesaid.
'C. E. LIPPINCOTT, Auditor P. A.'
The coupons are in the following form, varying as to number of bond ...