The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1875-01-14


doubts regarding the le-G! questions iryoly-
ed in the ease against Geo. :. Smith and
his securities, on his official bond. and
graver doubts a. to the responsibility Of
said Smith and his securities, be !
Resided, That the County Attorney and
the Council employed 70 assist h m n the
lease now pending on said official ,crd. and
they are hereby directed TO conse..; 10 4 judy
ment in favor OF the plaintiff against the
defendents for the property mentioned in
and conveyed by Geo. ;. Saith and wife To
c. b. Bra,e, by virtue Of the papers stated
in the amended petition fled in said action.
RssoIre,f, That said ,icfendent shall paw,
before said Judgment is entered, all legal
costs in said action, the true inten: and
meaning OF this resolution being that
the county shall have and receive all the
property of the said Geo. :. Smith con-
yeyed by him to said Gilt & Brace. and
that the securities on his bond shall pay
all legal cost in the lease pending.
Pfcrided, That all AMI every dollar that
has come To the hands of the securities
shall be paid TO the County Treasurer,
and all costs incurred and the amount paid
to the Assistant Council by the county.
To The Honorable the Bor7d Of Corp.y Com
miSsioaeys of LeureHuor.l County,:
The undersigned Committee to whom
was referred the annexed resolution offered
b. the member from the Third Ward in
his regular report.
That they have had the matter under con-
sideration and after reviewing the matter
III all its bearings, considering the costs and
expense OF litigation, and the time neces-
sarily consumed therein, together with die
uncertainty OF the result as To the judsnsss
and execution, your Committee recommend
a settlement with the surre,ies OF Geo. (.
Smith on the following basis, to wit:
First, The exact and true amour; OF the
delinquency shall either be agreed upon or
ascertained by the County Clerk
Second, That the settlement shall be made
upon the basis of fifty per cent. OF such &c,
linGuencies so ascertained.
Third. That the property, II TIE value
thereof be not agreed upon by the Committee
OF Ways and Means OF the Board, and the
sureties in the hands Of the receiver, real
| and personal, should be appraised by three
| dIsintcrested appraisers, one TO be chosen
by the Board OF Commissioners. one BY the
sureties, and a third BY the two thus chosen
| who shall return 10 the County Clerk
under their hands, a fair appraisment o!
such property, taking into consideration
its costs, and the improvements and COS,
thereof put on the property, and such prop
erty TO be absolutely turned over to the
county at such appraisement, and tie bal.
ance OF the iiity per cent. to be paid, If any
| to the County Treasurer in cash, within
sixty days from the filing of such apprais
ment with County Clerk, and upon this lie.
ing done, it shall be full satisfaction o,
all demands arising under the bond agains,
the sureties thereon, the sureties paving al
legal cost, and the case against them 10 b,
dismissed Your Committee deem this
under all the circumstances, a REASONABLE,
and fair settlement and compromise, and
the best arrangements that can be accom-
plished for the interest Of the public.
All OF whichis respectfully submitted.
JOHN HARMON, Chairman.
Mr.. Wilson moved the adoption of N,
report; which motion was adopted.
| Mr.. Picken asked that his vote be record
ed against the adoption of the same report
which request was, on motion, granted, anc
Mr.. Pickin's vote SO recorded.
| On motion OF Mr.. Harmon, the Engineel
was instructed TO make an estimate of til,
cost OF bridge on the Leavenworth ant
Wyandotte road, and report the same to tn,
Board.
| A communication of the County Audito
in reference to the election proclamation
claims, was presented and read
Mr.. Harmon moved that the claims b,
allowed, as they were published for TIA,
public good, which motion was lost.
| MI. Harmon moved that when the Boar
4 airpnrnS rhay aJin ,i1t
ing to give the Committee on Wavs an,
Means time to make an appraisement o
the property held by Geo 81. Smiths sure
ties, and report such appraisement to tn,
Board. Motion adopted.
| Mr.. Mcintyre moved that Mr.. Hall b,
allowed $40 damages and Mr.. Whittakel
SO on the Mcdonald road, and the roaC
ordered opened. Adopted.
Mr.. Harmon moved that the Conmitte,
on Poor and the Superintendent see the cit,
authorities in reference To granting 10 Tho
county the use OF the Pes: House until the
county can build house AT the Poor Farm
in place Of the one burnt down. Adopted
y resolution was offered by Sfr. Pickens
IN reference to reducing the number OF jai
guards, and on motion of Mr. Pickens va.
read.
Mr.. Harmon moved il be referred to the
County Auditor and Attorney.
Mr.. Wilson moved 10 amend by laying
the resolution on the table, whercupon the
ayes and hayes were called, and resulted a.
follows: ayes-IIook, Harmon and Wilson
nayes-McCormick, Mcintyre, Pickens and
and W. +. Ashby, Chairman. Lost
The original motion was then pu, and
adopted.
On motion, the Board adjourned till Jan
9Th, 1875, at Pm.