The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-05-28
OFFICE ON MARKET STREET


q the manner prescribed BY law for like notices
4 but publication for one-half the usual tims
shall be deemed sufficient; proceedings at Law
Iorin equity, may be instituted against all the
'Iowners, or each, ,or any number Of them, or To
lenfofce the lien against all the lots or land OF
each lot or parcel or any number of them, EN-
4 braced in any one assessment; but the Judgment
Tor decree shall be rendered severally or sepa-
4 lately, for the amount properly chargeable; and
\ any proceeding may be severed, inthe discre-
ltion ofthecourt, forthe purpose Of trial, review
Tor appeal
Sec. 81 In any such proceeding, when the
Justice Of the peace, or the court trying and
hearing the same, shall be satisfied that
work has been done. or materials furnished
which according to the true intent Of this act
would be properly chargeable on the lot or land,
through or by which the street, alley, or high
way, improved, repaired, or lighted, may pass,
4 laFecoyery shall be permitted, or charge en-.
iiorced, to the extent Of the proper proper
tion of the value Of work or material
which would be chargeable on such lot or land,
notwithstanding any informality, irrcgularity
lordefect, in any. assessment, on the part d
such municipal corporation, or its.officers; but
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 reg
ularly made, and payment shall have been
neglected or refused, at the time when the same
was required;a any municipal corportion shall
be entitled to demand, and recover, in addition
to the amount assessed, and interest thereon,
at six per cent. from the time of the assess
ment, five per cent. to defray the expenses Of
collection, which shall be included in any
judgment or decree which may be rendered
Sec. 32. Municipal corporations shall have
power to cause any lot or lots Of land within
their limits, on which, or part of which, water
shall at any time become stagnant, to be raised,
filled up, or drained, and to cause all putrid
substances, whether animal or vegetable, to be
removed from any lot or lots, and may, for such
purposes, from time to lime, direct that such
lot or lots be raisedy filed up or drained, or
that such putrid substances be removed from
such lot or lots, by the owner or owners thereof,
respectively, in such reasonable time, and in
such manner, as may be directed by resolu-
corporation; and it shall be the duty of such
owner or owners, his, her, or their agent or at
| torney, after service of a copy of the said res
olution, or after publication Of the same, in
some newspaper Of general circulation 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 failure or refusal to do so, it
may be done at the expense of such municipal
corporation and the amount of money so ex-
pended, shall be debt due to said municipal
corporation, from the owner or owners of such
/ lot or lots, in proportion TO the amount expen-
ded ON the lot or lots owned by him, her or
I them, respectively, to be recovered before a
justice of the peace, or other court of compe-
tent jurisdiction; and shall, moreover, from the
time of the adoption Of such resolution, be a
/ lien on such lot or lots, which may be enforced
! ii need be- either after or without previous
proceeding at law, by suit in equity in the
court of common pleas OF the proper county,
and like proceedings may be had as hereinbe-
fore directed in relation to the improvements of
Streets or as in other cases at law, or in equity
Sec 80. 1t shall be The duty of the court Of
common pleas Of the proper county, to take
andexercise the jurisdiction authorized by this
act, for the collection Of any charge or debt, OF
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 cases, and any court of com.
mon pleas may make such special rules as to
the class of cases authorized to be brought un-
der this act, as will tend to expedite their dis
position, and prevent unnecessary costs
pcC. Ots nuuiClpdi 'illdll nave
power to- make and publish, from time 20 time,
by laws or ordinances, not inconsistent with
the laws of the State, for carrying into effect,
or discharging the powers or duties conferred
or required under this act; andi is hereby
made the duty of municipal corporations, to
make and publish such bylaws and ordinan-
ces as shall be necessary TO secure such corpor-
ations and their inhabitants against injuries by
fire, ,theivesFohbers burglars, and all persons vi
olating the public peace; forthe suppression Of
riots and gambling, and indecent and disorder
ly conduct; for the punishment of leyd and
lascivious behavior Ia the streets, and other
public places; and they shall haze power to
make and publish such bylaws and ordinan-
ces as to them shall seem necessary to provide
for the safety, preserve the health, promote the
prosperity, and improve the morals, order,
/ comfort and convenience of such corporations,
and the inhabitants thereof.
Sec. IS. Bylaws and ordinances of muni-
cipal corporations, may be enforced by the i'm
position of fines, forfeilures and penalties, on
any person or persons offending against, or vi
olating such bylaws, or ordinances, or any OF
them, and the fine, penalty, or forfeiture, may
be prescribed in each particular bylaw or or
dinance, or by a general bylaw or ordinance
made for that purpose; and the municipal
corporations shall have power to provide,
IN like manner, for the prosecution, recovery
and collection of such fines, penalties or for
FIXTURES.
Sec. 36. Fines, penalties and forfeitures,
which shal. not exceed the sum of twenty dol
lars.for any one specified offence, or violation
of the bylaw or ordinance, or double that sum
for each repetition of such offence, or violation,
or which shall not exceed Eve dollars, for each
day, where the thing prohibited or rendered
unlawful is in its nature continuous in respect
to time, shall be deemed reasonable and prop
or But where, in any by law or ordinance, a
greater fine, penalty or forfeiture is imposed
/ than as above specified, it shall and may be
lawful in any suit or prosecution for the recov-
cry thereof, to reduce the same to such amount
! as shall be deemed reasonable and proper, and
to permit recovery, or derjudgment accor-
dinghy.
Sec. 81. Fines, penalties and forfeitures
may, in all cases, and in addition TO any Other
mode provided, be recovered by suit, or action
before any Justice of the peace, or other court
of competent Jurisdiction, in the name Of the
proper municipal corporation, and for its use
and in any such suit or action where pleading
is necessary, it shall be sufficient to declare
generally, for the amount claimed to be due IN
! respect Of the violation Of the bylaw or ordi-
nance referring to its title, and the date of its
adoption, or passage, and showing. as near as
may be, the ttuetime of the alleged violation
| Sec 38. All suits orprosecutions for there
covery Of any such fines, penalties and forefeit
ures, or for the commission Of any offencemad,
punishable by any bylaw or ordinance Of AM