The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1852-07-09

law OF III equtrs cttnct iu uo hoHS W.
lihe municipal corporation, or Of any per
son 10 whom the municipal corporation
shall have directed payment to be made
Fin any such proceeding at law, when
pleadlnps are required, il shall be sniff
cient 10 declare generally, for work and
labor done. and materials furnished, on
the particular street. alley or highway
and in any proceeding in equity, when
the owner of any lot or land shall be non
resident of tho county, or unknown, no.
ice shall he given bv publication, in the
manner prescribed by law for like notices.
hut a publication for one half the uniial
time shall he deemed sufficient; pro
ceedinqs at law or in equity, may be in.
stiluted against all the owners, or each.
or any number Of them. or To enforce tho
lien against all the lots or land, or each
lot or parcel. or any number Of them,
embraced in any one assessment; tn, the
judgment or decree shall be rendered
severally or separately, for the amount
properly chargeable; and anv proceeding
ma, lie severed, in The discretion Of the
court. for the purpose Of trial, review OF
appeal.
Sec. 81. In anv such proceeding.
when the justice of the peace, or The
court, irving and hearing The same, shall
be satisfied that work has been done, NJ
materials furnished. which, according Ia
the true nien, Of this act, would be pro-
perly chareeable on The lot or land
through or nv which the street, alley. o'
highway, improved, rep'ired. or lighted
may pass, a recovery shall be permitted
or a charge ensnrced. TO the ex'en, Of the
proper proportion Of the value Of work o'
material. which wonld he charaeable on
such 10, or land, notwithstanding any In
| formali'y, irregnlaritv or defect, in an,
assessment. on The parI Of such municipal
corporation, m lis officers; bu' in such
case, the justice or couti shall adj"dge as
to costs as may be deemed proper: and
in cases where an assessment shall have
been re fgnlarly made, and payment shall
have been neglected or refused, at the
time when the same was required, any
municipal corporation shall he entitled Ia
demand, and rec over. in addition To the
amount assessed. and interest thereon
a. six per cent. from the time of assrss'
meni. FIVE per cent. To defray The ex
penses Of collection, which shall be in
clnded in any judgment or decree which
may he rendered.
Sec. 80. Municipal corporations shall
have power TO cause any LOT or lo'sol
land within their limits. on which. or par
Of which, water shall At anv time become
siaennnt. to be raised, filled np,or drained,
and to cause all puird substances, whe.
,her animal or vegetable. to be removed
from any loi or lois, and may, for such
purposes, from time to time, direct that
such lot or lots be raise !, fillVd up or
drained, or that such puirid Substances
be removed from such LOT or lnis. bv the
owner or owners thereof. respectivelv.in
such reasonable time, and in such man
ner, as may he directed bv resolution
Of tho proper authority Of any municipal
corporation; anAii shall be the duty Of
such owner or owners. his. her, or their
agent or attorney. after service OF copy
of the said resolution, or after a pnbllca-
lion of the same. in some newspaper ol
general circulation in such municipal
corporation, Cor four successive weeks,
to comply with the directions of such
resolution, within the time therein speci-
urd: and in case of failure or refusal
10 do so, il NAV he dore at the expense
of such municipal corporation; and the
amount Of money so expended, shall be
deb, dne 10 said municipal corporation,
from the owner or owners of such lot or
lots, in proportion 10 ,he nmoun, expend-
ell on the lot or lots owned by him. her
or them, respectively, TO he recovered be.
fore Justice Of the peace, or other court
Of competent jurisdiction; and shall,
moreover, from the time of the adoption
Of such resolution, be lien on snch tot
or lots, which NAV be enforced if need
he, either after or without previous pro-
ceeting at law, by suit in equity in the
court Of common pleas of the proner
comfy, and like proceedings may be had
as hereinhefore directed in relation TO the
improvement Of streets, or as in other
cases a, law, or in equity.
Sec. 33. II shall he the duty of the
cont Of common pleas of the proper
county, 10 take and exercise the jnrisd'c-
iion anhorized by this act, for the collec
tion Of any charge or debt, or tho enforce
men, Of anv lien, notwithstanding the
amount involved shall be less than that
to which the jurisdiction Of the court may
he limited in other cases; and any cont
Of common pleas may make snch special
rules as 10 the class OF cases antl"r'Z d
10 be brought Under this act, as will tend
to expedite their disposition, and prevent
unnecessary costs.
Sec. "a. Municipal corporations shall
have power 30 mike and publish, from
time To time, by laws or ordinances. nnt
Inconsistent, with the laws Of the State,