The object of this writ of error is to reverse a judgment rendered against the plaintiff in error on five obligations in writing, for $1,000 each, of like tenor, as follows, to-wit:
'OFFICE OF THE BOARD OF COMMISSIONERS
'No. 19. OF THE COUNTY OF WASHINGTON, N. C.
'Twelve months after date, with interest from date at the rate of six per centum per annum, the board of commissioners of Washington county promise to pay to Louis M. Hornthal, or to his order, one thousand dollars, for value received, and to secure indebtedness contracted for the necessary expenses of said county in the purchase of brick building for court-house.
'This first day of October,
'J. G. AUSBON,
[Seal.]
'Chairman of the Board of Commissioners of Washington County.
'Countersigned:
'W. H. STUBBS, Register of Deeds and Clerk of said Board.'
The plaintiff below was a purchaser for value before due, and without notice of any defense. His right to recover was denied on the ground that, under the circumstances, the board of commissioners of Washington county had no authority of law for making and issuing the obligations sued on.
It appears from the bill of exceptions that the court-house of Washington county was destroyed by fire in the spring of 1872; that in the following August the defendants, the county commissioners, rented the building for the purchase of which the bonds sued on were afterwards issued, which is situated about 200 yards from the court-house, which was destroyed by fire, in the town of Plymouth, and, before the succeeding fall term of the superior court, gave notice, by public advertisement for 30 days, declaring the house so rented to be the public court-house of Washington county, and that courts were held continuously therein until the commencement of the action.
The defendant offered in evidence a copy of the proceedings, as recorded, of a special meeting of the board of county commissioners of Washington county held on the first Monday in October, 1877, at which the whole number of five were present. The transcript of the proceedings of that meeting sets out a paper addressed to the board of commissioners or Washington county, signed by eight justices of the peace, requesting that body, at its next meeting, to contract 'for the purchase of the brick store and lot in Plymouth, lately the custom-house, for the use of the county of Washington for a court-house, paying for the same the bonds of the county, bearing six per cent. interest, payable at one, two, three, four, and five years, with interest from date, at price of five thousand dollars, or five bonds of one thousand dollars ea h, at the rate of interest due as aforesaid, as we have here recommended. Plymouth, N C., September 24, 1877.'
It was thereupon moved and seconded that a vote of the board be taken on the purchase of the brick building then used as a court-house, whereupon three votes were cast for said purchase and one vote against it. The record of the proceedings of the meeting then contains the following:
'Whereas, the court-house of the county of Washington, with the offices for the preservation of the public records and for the transaction of the public business, were destroyed by fire in the month of May, 1872, and it is absolutely necessary that the county shall own a court-house, with suitable offices, wherein the public records may be safely kept, and wherein the officers of the court and the county can conveniently transact the public business, and this board declare that it is inexpedient longer to occupy a rented house for these purposes; and whereas Louis M. Hornthal, of the city of New York, has offered to sell to this board of commissioners for said county the water part of lot numbered one hundred and forty-nine, situated in the town of Plymouth in said county, so numbered upon the plat or plan of said town, known as the 'Custom-house Property,' fronting fifty feet upon Water street, and extending to the river, including the wharf upon the same, with the brick house, forty feet wide, sixty feet long, of three stories in height, with basement or cellar, at the price of five thousand dollars, to be secured by the bonds of the board of commissioners, payable in five equal annual installments, bearing interest at the rate of six per centum per annum, and agree to execute title to the same upon payment of the purchase money and interest, and to execute to this board a bond, with surety, to perform this agreement; and whereas a majority of the justices of said county have in writing directed this board of county commissioners to accept the offer of the said L. M. Hornthal, and to make the purchase of said property upon the terms named: