Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1852-06-28

take and hold the property condemned, stall
moi be effected by any such review.
SEC. 30. Each municipal corporation
may, either BY general or special bylaw
or ordinances prescribe the mode in which
the charge On the respective owners OF lots
or land. and on The lots or land, shall be
assessed and determined. for the pur poses
authorized by this acl; such chnrge., when
assessed, shall be payable by the owner or
owners al the time Of The assessment, per.
sonaily, and shall also be lien upon
the respective lots or pa.cels Of land,
tn the possession OF any owner, from the
time Of the assessment; such charge may
be collected and such hen enforced, by a
proceeding OF law or equity, either in tbs
name of The municipal corporation, or Of
any person TO whom the municipal corpo.
ration shall have directed payment to be
made; in any such proceeding a, law. when
pleadings are required, il shall be sufficient
to declare generally, for work and labor
done, and material furnished, on the par.
t;colar street, alley or highway: and in any
proceeding in equity, when the owner Of
any lot or land shall be nonresident Of the
county, or unknown, notice shall be given
by publication, in the manner prescribed
|. BY law for like notices, but a publication
for one half the usual time shall be deemed
sufficient: proceedings at law or in equity,
may be instituted against all the owners. or
each. or any number Of them. or 10 en-.
force the lien against all the lots or land.
or each lot or parcel. or any number OF
them, embraced in any one assessment; but
the judgment or decree shall be rendered
seyerally or separately. for the amount prop.
erly chargeable; and any proceeding may
be severed, in the discretion OF the court,
for the purpose of trial, review or appeal.
SEC. 81. In any such proceeding. when
the justice Of the peace. or the court, try
ing and hearing the same, shall be satisfied
tha, work has been done, or materials fur
nished. which. according to the true intent
of this act, would be properly chnrgeable
on the lot or land. through Or by which the
street, alley, or highway. improved. re.
paired or lighted, may pass, recovery
shall be permitted, or charge enforced.
to the extent Of the proper proportion OF
the value Of work or material. which would
be chargeable on such lot or land, notwilh.
ing any informally, ifregularity or defect,
in any assessment, on the part OF SUCH mu.
niclpnl corporation, or its officers, bit IN
such case, the justice or court shall adjudge
as to costs as may be deemed proper; and
in cases where an assessment shall have
been regularly made, and payment shall
have been neglected or refused. nj the time
when the same was required, any munich
pal corporation shall be entitled TO demand.
and recover, in addition to the amount as.
sessed, and interes. thereon, ut six per
cent. from the time Of assessment, FIVE
per cent. TO defray the expenses Of collec-
tion, which shall be included IL any judg-
ment or decree which may be rendered.
SEQ. 80. Municipal corporations shall
have power 10 cause any lot or lois OF land
within their limits, on which, or part Of
which. water shall OF any lime Become
stagnani, TO be raised, filed up. ordained.
and 10 cause all pulrid substances. whether
animal or vegetable, 10 be removed from
any 10. or lots, and may, for such purpo.
ses. from time 20 time, direct that such
lot or lois be raised, filled up or drained,
or that such putrid substances be removed
from such lot or lots, and by the owner or
owners thereof, respectively. in such rea-
sonable time. and in such manner, may
be directed by resolution OF the proper
authority of any municipal corporation.
and ii shall be the duty Of such owner or
owners, bis. her. or their agent or attor.
ney, after service Of a copy of the said
resolution. or afier a publication Of the
same. il, some newspaper OF general circu.
latinn in such municipal corporation, for
four successive weeks, TO comply with the
directions Of such resolution, within the
time therein specified; and in case Of q fail.
ure or refusal to do so. it may be done al
the expense Of such municipal corporation;
and the amount of money so expended,
shall be debt due 10 said municipal corpo-
ration. from the owner or owners of such
lot or lots, in proportion 10 the amount ex.
pended on the LOT or lots owned by him, her
or them respectively, to be recovered be-
fore justice Of the peace. or other court
Of competent jurisdiction; and shall, more
over from the time Of the adoption of such
resolution. be lien on such lot or lots.
which may be enforced if need be, either
after or without a previous proceeding at
sw, by suit in equity in the court of Com.
mon Pleas Of the proper county, and like
proceedings may be had as hereinbefore
directed in relation to The improvement of
streets, or as in other cases at law, or in
equity.
SEC. SO. Il shall be the duty Of the court
Of common eleas Of the proper county, to
take and exercise thejurisdiclion authorized
by this act, for the collection Of any charge
or debt. or the enforcement Of any lien.
notwithstanding the amount involved shall
be less than that to which the jurisdiction
Of the court may be limited in other ca.
ses; and any court of common pleas
may make such special rules as 10 the class
Of cases authorized to be brought under this
act, as will tend 10 expedite their disposi.
lion. and prevent unnecessary costs.
SIC. "a. Municipal corporations shall
have power 10 make and publish, from
time to lime, bylaws or ordinances, not
inconsistent with the laws Of the State, for
carrying into effect, or discharging the
powers or duties conferred or REQUIRED un.