The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-06-16

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recisd payment TO be made: ia any such
proceeding at law, when pleadings are
required, It shall be sufficient to declare
generally, for work and labor done, and
materials furnished, on the particular
street, alley or highway, and in any pro.
ceeding 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
bv law for like notices, but q publication
for one halfthe 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 to en-.
force the lien against all the lots or land,
or each lot or parcel, or any number o.
them, embraced in any one assessment;
but the Judgment or decree shall be rem
dered seyerally or separately, for the
amount properly chargeable; and any pro-
ceeding may be severed in the discretion
Of the court. for the purpose OF trial. re-
view 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 salts
fed that work has been done, or materials
furnished. which, according TO the rae in
tent Of this act, would be properly chargea-
bic on the lot or land. through or by which
the street. alley, or highway. improved,
repaired, or lighted, may pass. a recovery
shall be permitted, or a 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, not
wi,hstanding any informality, irregularity
or defect, in any assessment. on the part
Of such municipal corporation. or its Off.
GERS; but in such case. the justice or court
shall adjudge as 10 costs as may be deem
ed proper; and in cases where an assess
ment shall have been regularly made, and
payment shall have been neglected or re.
fused. at the time when the same was re.
CURED. any municipal corporation shall
be entitled to demand, and recover, in ad.
ditiOn to the amount assessed, and inter-
est thereon, at six per cent. from the time
Of assessment, five per cent. to defray the
expenses OF collection, which shall be in.
cluded in any judgment or decree which
may be rendered.
Sec. 80. 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. filed up, or drained,
and to cause all putrid substances, whether
animal or vegetable, 10 be removed from
any lot or lots, and may, for such purPo'
ses, from time to time, direct that such lot
or lots be raised, filled up or drained, or
that such putrid substances be removed
from such lot or lots, by the wner or own
ers thereof, respectively, in such reasona-
Bile time, and in such manner. as may be
directed bv a resolution Of the proper al.
thority of any municipal corporation; and
it shall be the duty Of such owner or own
ers, his. her, or their agent or attorney,
after service Of a copy Of the said resolu-
ton, or after a publication OF the same, in
some newspaper OF general circulation in
such municipal corporation, for tour sue
cessive weeks, to comply with the direc.
tons Of such resolution, within the time
therein specified; and in case Of a failure
or refusal to do so, it may be done at the
expense Of such municipal corporation;
and the amount of money SO expended,
shall be a debt due to said municipal cor.
poration, 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
before a Justice OF the peace, or other court
OF CONGRATULATIONS; and shall. more
over, from the time Of the adoption OF such
resolution, be q lien on such lot or lots,
which may be enforced if need be. either
after or without a previous proceeding at
law, by a 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 improve
ment of streets, or as in other cases atlaw,
or in equity.
Sec. SO. It shall be the duty Of the
court Of common pleas Of the proper conn-
", TO take and exercise the jurisdiction
authorized by this act. for the collection OF
n charge or debt, or the enforcement OF
any lien, notwithstanding the amount in
volyed shall be less than that to which the
jurisdiction of the court may be limited in
other cases; and any court of common
pleas may make such special rules as to
The class OF cases authorized to be brought
under this act, as will tend to expedite
their disposition. and prevent unnecessary
costs. =.
SEC. 81. Municipal corporations shall
have power to make and publish, from time
to time, bylaws or ordinances, not lncon-
sistent with the laws Of the State, TOR car
rying into effect. or ~discharging the pow
ers or duties conferred or required under
this act; and it is hereby made the duty Of
municipal corporations, to make and pub.
lish such bylaws and ordinances as shall
be necessary to secure such corporations
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