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09-20-15 SpecialSept. 20, 1915. Speei~7. meeting of the Town Counoil called bq Magor A. F. Miller, was called to order bq Pres. W. W. Bleokmer with all meabers present. Magor A. F. Miller addressed the meeting, stating the object of the call and presenting a copq of the call as follows: To the Honorable Town Counoil of the Town of Delraq, State of Florida: Bq authoritq vested in me bq the Town Charter of the Town of Delraq, I herebq call a special meeting of the Town Council to meet at the Town Ball on the 20th daq of September, A. D., 1915, st 7:30 P. M. for the following purpose. Whereas one Allan MacNeillq wea formerlq town clerk, town treasurer and tab assessor of said town, and on the 28th daq of June, 191b, naidwTowm_. Council passed a resolution, declaring in effect that Baid AI,Lan MacNeillq, as the officer aforesaid, had been guiltq of nonfeasance in office and that he be removed from office; and bq said resolution he was so removed from office. Now, therefore, qon will con- sider whether the resolution aforesaid shall be recYnded and said Allan Ma.eNeillq restored to offioe, or other aetion~taken in the premises. A. F. Miller, Magor. After reading the order of judge H. P. Branning the following rasoiutien wea presented: ~( 44hereas, at a meeting of the Council held on the 28th day of June, 1915, certain charges against A. MaeNeilly, then town clerk, treasurer and tax eases- sor were heard and tried by this council and the fol- ''~ lowing resolution read and adopted: "Resolved, that, •- having duly considered the evidence submitted and the arguments of counsel, that A. DGacNeilly is found guilty ,, S of misfeasance and nonfeasance in office sa town clerk ,a treasurer and assessor of the Town of Delray and that t he be removed from office." ,, And, whereas, by a peaemptory writ of mandamus ,, issued out of the C;_rcuit Court, this council is ordered to recind its said action and to restore the said x MacNeilly to office, as will more fully appear from said writ of mandamus, a copy of which is hereby ordered ,+; to be recorded in the minutes of this meeting. ' Therefore, be it resolved that the said : resolution removing the said Allan MacNeilly from a office be and the same is hereby recinded, and the said A. MaeNeilly is hereby restored to the office of town ; town treasurer and tea assessor of the Town of clerk '> ~r , x Delray. And be it further resolved that the Clerk of this council prepare an exact Dopy of this resolution and that the same be served upon the said A. MaeNeilly by the Town Marshal in eooordance with seotion 44, on page 22, oY the town ordinances. And be it further resolved that the bttorney of reoord Yor the Council in this case be instructed to prepare and Yile a proper return to said perem- ptory writ, showing strict compliance therewith on the part oY this Council. Lotion by J. R. Cason, Jr•, seoonded by L. H. Bradshaw, That the resolution be adopted. Roll Call: J. R. Cason, Jr., Yea; L. H. Bradshaw, Yea; H.J.Sterling, Yea; W. W. Blackmer, Yes; S. E. O'Neal, present and not voting. Carried. Copy oY Writ. IN THE CIRCUIT COURT OF THE ELEVEDTTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR THE CCUNTY OF PALM BEACH. IN CHANCERY. State oY Florida ea rel. Allan MacNeilly, iielator. 98 A. F. Miller, as mayor oY the Town oY Delray, William W. Blackmer, H. J. Sterling, T. M. McRae, L. H. Bradshaw, J. R. Cason, Jr., as members oY the Town Council oY the Town oY Delray, Florida, Respondents. Peremptory Writ oY Mandamus. This cause coming on to be heard upon relator's motion to strike the return of the res- pondente, and the same was argued by connsel~ The Court having heard the argument of counsel is of i the opinion that the motion should be granted. It is therefore ordered, adjudged and decreed that the motion of the relator to strike the return to the alternative writ, be and the same is hereby granted. The respondents having nothing further to say at bar or in preclusion why the peremptory writ should not be granted as prayed, and the Court, having examined the pleadings, is of the opinion and so finds that the hearing before the City Couneil at which relator was removed from office, is invalid in that no legal evidenoe appears to have been intro- duced to sustain the oharges preferred against the relator, and that his removal was, for this reason, invalid. The Court does not make any finding do this order, however, as to whether or not any cause does exist which would justify relators removal if further proceedings were instituted. It is further ordered, ad3udged and decreed that a peremptory writ of mandamus be forthwith issued against A. F. Bfliller, as mayor of the Town of Delrag, Florlida, William H. Blackmer, H. J. Sterling, T. B6. BHcRae, Z. H. Bradshaw, J. K. Cason, Jr., members of the Town Counoll of the Town oY Delray, Florida, commanding them forthwith and without delay to re-assemble and to meet as a Town Council and to recind their action by which relator was removed, and to restore him to his office, and that due return be made thereoY without delay. It is further ordered that this peremptory writ shall be without prejudice to the mayor and Town Counoil, however, to take such Yurther action in the premises as they may deem 3ustifiable in order to prefer charges against relator, of which he has heretofore been or may hereafter be guilty, and the said ~eyor and the said Town Coune~lshall have the same right hereafter to take such action in the premises in preferring charges against relator and trying him upon said charges as they shall elect, and as they may be authorized under the laws of Blorida, and that these proceedings shall in no wise preolude the said ~syor and Town Council from pro- ceeding against relator under the provisions of the Town Charter in any way that they shall deem ad- visable. It is further ordered that the costs oY these proceedings shall be didided equally between relator and respondents. Done and ordered in Chambers, at Miami, t Florida, this 29th daq of July, A. D. 1915. H. Pierre Branning, judge. Motion by J. R. Cason, Jr., seconded by Z. H. Bradshaw, That the Council,ad~ourn. Carried. n lea. Town ouncil. t Attest. ~ ~~ /~~.-~ l-~~~ Town Clerk.