The herald., 1893-08-18


$22.9i099 in lawful money Of the
United States. for the purpose and upon
the conditions hereinafter set forth.
The said sum Of money to be held by
o trngtee in trust to secure the county
against loss by reason of the deposit
OF county funds held by the suspended
City bank, provided, and upon con-
ditiop that the county will prosecute in
its own name, but at our expense, all
suits and proceedings suggested and to
be suggested by the parties making this
tender.
And upon the further condition that
the county treasurer, In his own name,
but at our cost. shall prosecute such
actions or proceedings for the recovery
of aaid money as may be suggested by
the parties making this tender.
All of said actions and proceedings
hereinbefore mentioned shall be COM
menced within fifteen days after the
same shall be respectively requested by
the undereigned, and shall be prose-
cuted with reasonable diligence to com.
pletion.
Los ANGELES CLEARING HOUSE.
.n By James f. lowell, Eec'y.
w. P. GARDINER,
OEOs 1s OOChhdN,
Attorneys for the Los Angeles Clearing
House.
PROPOSAL NO. 2.
The honorable board OF supervisors Of
Los Angeles county is hereby requested
and required to forthwith cause the
actions hereinafter designated to be in
stituted and prosecuted to, final judy
mept. In the name of tina ccnnty ;aad- on
Its behalf. to secure repayment to said
county Of the amount OF moneys OF said
county heretofore received by the City
bank "a banking corporation lately do.
ing business at Los Angeles city, Cali
fornia) and not returned or accounted
for BY eaid City bank to said county or
to the county treasurer thereof, or to
any deputy county treasurer thereof:
First-An action against eaid City
bank and oil parties in possession or
control OF any OF its assets, to procure
the repayment Of all of said moneys and
to procure decree of q proper court of
equity. adjudging that said county has
preferred lien or charge upon all the
property or assets of said bank to secure
the repayment of said moneys to said
county, and adjudging that said lien be
foreclosed, said property or assets sold,
collected or otherwise properly disposed
of, and the proceeds thereof applied to
repayment to the said county of said
money, and for all meet and proper
equitable relief based upon the fact that
said county moneys have been mingled
with or invested in said assets.
Secend-An action upon the official
bond of Deputy County Treasurer LIE
Grsnde Bettf.
Third-An action against the stock.
holders OF said bank upon their ststu-
tory liability to pay the debt of said
bank to said county occasioned BY and
founded upon the receipt OF eaid moneys
by said bank.
FouYth-An action against the direc-
tors OF said bank to enforce their liabil-
ity under the constitution of California
for moneys misappropriated by officers
OF the corporation City bank, to wit.
for the misappropriation of said county
moneys BY the officers of said City bank.
Fifth-An action and all proper pro-
ceedinga by motion in court, suits and
otherwise, for the recovery of all those
certain notes, mortgages and other secu-
rites, collaterals and property hereto
fore delivered to George Fl. Stewart.
deputy treasurer of Los Angeles county,
by said City bank, and thereafter about
the 9th day OF July, 1898. delivered by
said Deputy Treasurer Stewart, with The
consent of the district attorney of the
county, to Otto Brodtbeck, as receiver of
said City bank, and for recovery OF all
moneys collected on any of said securi-
ties by said Brodtbeck. For particu.
lar description of said property and for
particular facts and circumstances as to
the delivery to said Otto Brodtheck bv
said Deputy County Treasurer Stewart,
and as to the consent OF the district at
torney thereto, and as to the circum-
stances and trust under which eaid
property is held by said Otto Brodt.
beck, reference is made to the papers.
9les and proceedings taken in cause No.
1878, entitled Margaret e. Miller Va.
The City bank, now pending in superior
court OF the said county. and for further
information with reference to said notes,
mortgages, securities, moneys and prop
erty You are referred to said Deputy
county Treasurer Geo. H. Stewart.
And you are hereby informed that
SAID property, notes and mortgages
amount In value to about the aggregate
amount OF county moneys received BY
he City bank, and not by it accounted
Tor, or paid over to said county OF its
treasurer; that eRid notes, mortgages.
securities ct and immediately before the
time when they were 30 delivered to
said Brodtbeck by said Deputy County
treasurer Stewart, were in his hands to
Becure the repayment to the said county
Or to its county treasurer of said monevs
received by said City bank, and you are