The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-05-26

fore the first day of the next term thereof) !
the matter shall be heard and determined; |
and if the court shall find that right and
justice has not been done, new assess
ment may be ordered by jury in that
court which shall be made without delay,
at the same term ii practicable; or such
other final order or judgment shall be
made as may be deemed properand equit-
able. When such petition shall be filed,
the court of common pleas may suspend
the execution of any order which may have
been made, on such terms as may be
deemed proper, and may require bond
with security for the payment OF any dam
ages or costs which may be thereby occa-
stoned; but in all cases where the munich
pal corporation shall pay or secure by
deposit of money, the compensation as
sesscd by the jury, and shall give such
surety as may be deemed adequate pay
any further compensation, and all damages
and costs which may be adjudged in the
district court, the right to take and hold
the properly condemned, shall not be al
fected by any such review.
SEC. 80. Each municipal corporation
may, either by general or special bylaw
or ordinance, prescribe Lhe mode iii 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-
posses authorized by this act; such charge,
when assessed, shall be payable by the
owner or owneas at the time of the as
sessment, personally, and shall also be
lien upon the respective lots or parcels OF
land, in the possession of any owner, from
the time of the assessment, such charge
may be collected and such lien enforced,
by proceeding at law or in equity, either
in the name OF the municipal corporation,
or Of any person to whom the municipal
corporation shall have directed payment
tobe made, many such proceeding at law,
/ when pleadings are required, 1t shall be
! sufficient to declare generally, tor work
| and labor done, and materials furnished,
or the particular street, alley or highway;
and in any proceeding in equity, when the
owner of any lot Or land Shall be non-res-
dent of the county or unknown, notice
shall be given by publication, in the man
ner prescribed by law for like notices, but
publication for one half the usunl time
Shall be deemed sufficient; proceedings
at law or in equity, may be Instituted a-
gainst all the owners, or each, or any num-
Der of them, or to enforce the lien against
all the lots or land, or each lot or parcel,
or any number Of them, embrace IN any
one assessment; but the Judgment or de-
cree shall be rendered seyerally or sepa
rately, for the amount properly chargea-
BILE; and any proceeding may be severed,
in The discretion OF the court, for the pur-
pose Of trial, review OF appeal.
Sec. 81. In any such proceeding,
when the justice Of the peace, or the court,
trying ANA hearing the same, shall be
satisfied that work has been done, or ma
tcrials furnished, which, according to the
true intent of this act, would be properly
chargeabe on the lot or land, through OF
by which the street, alley or highway, i'm
proved, repaired, or lighted, may pass, a
recovery shall be permitted, or charge
enforced, to the extent Of the proper pro-
portion OF the value of work or material,
which would be chargeabe on such lot or
land, Notwithstanding any inlormality, ir-
regularity or defect, In any assessment,
on the part of such municipal corporation,
or its officers; but in such case, the justice
or court shall adjudgc 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, at the time when the same was
required 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 ths time
Of assessment, FIVE per cent to detray the
expenses OF collection, which shall be in
included in any judgment or decree which
may be r,n Tered.
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 atany time become stag
nant, to be raised, filled up, or drained,
and to cause all putriu subs ances, Wheth-
cr animal or vigi5able, to be removed from
any lotorloss, and may, for such purposes,
from time to time, direct that such lotorloss
be raised, filed up or drained or that such
putrl 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 di-
rected BY a resolution of the proper au-
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 copy Of he said reso-
luton, or after a publication Of the same,
in some newspaper Of general circulation
in such municipal corporation, for four
successive weeks, to comply with the di-
recuons Of such resolution, within the
time therein specified; and in case OF fui-
lure 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 a dt BIT due to said municipal cor
poration, from the owner or owners oi
such lot or lots, in proportion to theamouut
expended on the lot or lots owned by him,
her, or them. respectively, to be recover
cd before a justice of the peace, OF other
court Of competent jurisdiction and shall,
moreover, from the time OF adoption oi
such resolution, be a lien on such lot or lots
which may bt enforced If 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 improve
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