The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1896-03-07

Z erected, and the circumstances of th
county will permit, there shall also b.
erected one or more fire proof buildings
at some convenient place or places, nea
the court house, in which shall be KEEP
the offices of the recorder, and of tn,
clerks of the several courts of suci
county," And by the fifth section o
such act il was provided that "the county
court shall designate the place wheron tC
? erect any county building, on any lane
belonging to such county, at the estab
l:shed seat Of Justice"
(R. s., 1886, pages 1878; Sections 1,
and 5.)
The Revised Statutes OF 1s45, and the
Revised Statutes of 1855, providing fol
"the erection of county buildings" are in
the same language and to the same effect
as the Revised Statutes of 1885, aforesaid
OR. s 1915, pages 1857; Sections 1,
and6
(R. s, 1855, Vol. l, pages 498 9; Sections
1, 2and 81
On which said map and plat OF the
addition" to the town of Lexington,
made, acknowledged and deposited by the
proprietors thereof, in the office of the
recorder of said Lafayette county, afore-
said, six lots, numbered /, 2, 3, A, and 6,
were laid off Immediately south of and
adjoining said "public square," in and
constituting block 81. of said addition {;
which said six lots, one hundred feet in
depth from north to south, and altogether
| three hundred feet in width from east to
west, were by deed, dated the 21st day OF
July, 1850, executed aud acknowledged by
James II. Graham, William Anderson and
William Spratt, three of the surviving
trustees of said addition (James Aull
having departed this life). in pursuance
OF the order and direction previously
given and made by such trustees on the
! first day OF January, 1S4s, (as ascertained
and found in the suit of Lafayette Coun-
ty" against the "Mayor, Councilmen and
Citizens of the City of lexington" In
regard to the title to said "public square"
determined in the Ray circuit court, on
change of venue from the Lafayette cir
cult court, in 1882, conveyed the fee sim
pie title in and to said six lots constitut-
| ing block 81, to Lafayette county, and for
an addition to the "public square," in
order and for the purpose that the county
of Lafayette might hold and keep and en-
| Joy the same for the use, benefit and
ornament of the "public square," and
that the county might erect thereon "a
court house." or such other "public
buildings as the county might choose to
erect or cause to be erected thereon; that
is, on such public square," as en-
larged by such addition of said six lots
thereto.
By an act OF the General Assembly of
the State of Missouri, entitled "An act to
incorporate the city of lexington" ap-
proved March, sth, 1S46, the lands, lots,
blocks, streets and alleys in said original
town OF Lexington, in said addition"
to the town of Lexington, were all united
and embraced in the boundaries of, and
made into one municipal corporation and
ody polite, by the corporate name and
style of the "Mayor, Councilmen and
Citizens of the City of lexington" with
power to sue and be sued, implead and be
implicated In all courts OF law and equity.
Whereby said city of Lexington became
by operation of law the seat of justice and
county seat of Lafayette county.
The county of Lafayette, under claim OF
right and title to said 81 ublic square," by
its county court, officers and agents, en-
tered into and took possession OF said
"public square" as early as the year 1s45,
and of said lots and addition to the same
as part thereof as early as the year 1S4s,
with the knowledge, acquiesence and
assent of the said trustees OF said addition
to the town of Lexington, as we'll as OF
the authorities of the city of Lexington,
and the inhabitants thereof, and has ever
ever since retained and held the possess
sion and control of the same, adversely
to all the world.
No Jail was ever erected on the public
square in the original town of Lexing-
ton, but an inferior Jail building was
erected some dista nee north OF such
square, in what is now called "Old Town."
which was burned down, and the county
being without a Jail for the detention and
safe keeping of prisoners, and the neces-
sity for a Jail being apparent, and the
title to the "public suuare," laid down on
the map and plat of the addition to the
town of Lexington, acknowledged, certi-
fed and deposited in the recorders office,
being thereby vested in Lafayette county.
Aud the original town of Lexington and
the addition to the same having been by
act of the General Assembly of the state
embraced and made into one municipal
corporation by the name of the "City of
Lexington" the county court Of Lafayette
county. by virtue of it's statutory power
to designate the place whereon to erect
any county building, on any land belong
ing to the said county" aforesaid, by it's
order made at the November term thereof,
1s45, appointed William Boyce and Ell
bridge Burden to superintend the build
ing of a Jail for Lafayette county, which
was thereby ordered to bs erected on the
public ground" of said county, in the
addition" to the town of Lexington, in
said county; and thereby also appointed
said Boyce and Burden as agents to make
contracts in regard to the same on behalf
of the county, and at the May term
thereof, 1886, the county court of said
county appointed Alexander McFaden to |
act in connection with Eldridge Burden |
to erect a new Jail on the public square in
the city of Lexington.
At the June term of the county court |
for Lafayette county, 1876, that court
made and entered an order directing the |
sheriff OF Lafayette county to take charge
of said "publIc square" and that he keep !
all horses and other beasts out of the |
same. |
At the October term of the county court |
OF Lafayette county, 1916, Eldridge Bur-
den made report to said court in regard to |
the building of such Jail which was
approved And at the December term,
lS47, the county court found that the jail |
had been completed, and made an order |
for the payment of the balance due |
thereon. Such Jail was stone building.
BY an act Of the General Assembly of
the State of Missouri, entitled, IAN act to |
authorize the county court of Lafayette |
county to sell the court house and public |
square on which the same is erected in |
the town of Lexington, and for other |
purposes" Approved January 25th, 1s47. |
By section one thereof the county court
of Lafayette county was authorized to sell
the court house and public square of land
on which the same is erected, in the
town of Lexington, (the original or old
town of Lexington) in said county, and
all other buildings situate thereon, upon
such terms and at such times as said
court might deem expedient and proper. |