Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-06-24

~ y.
tion NAV, either by general or spe-
c;aI bylaw or ordinance, 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 purposes au-
thorized by this act; such charge,
when assessed, shall be payable by
the owner or owners at the time of the
assessment, personally, and shall also
be a 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 a 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 to be made; in
any such proceeding at law. when plead
ings are required, il shall be sufficient
TO declare generally, for work and la
Dor 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
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 suffi-
cient; proceedings at law or in equity.
may be instituted against all the owners,
or each, or any number of them, or to
enforce the lien against all the lots or
land, or each lot or parcel, or any num-
Der of them, embraced in any one as
sessment; but the judgment or decree
shall be rendered severally or separate
ly, for the amount properly chargeable;
and any proceeding may be severed, in
the discretion of the court, for the pur-
pose of trial, review or 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
highway, improved. repaired, or lighted,
may pass, a recovery shall be permitted,
or a change enforced, to the extent of
the proper proportion of the value of
work or material, which would be
chargeable on such lot or land, notwith-
standing any informalitY, irregularity or
defect, in any assessment. OF the part OF
such municipal corporation, or its off,
GERS; 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 regularly
made, and payment shall have been neg.
lected or refused, at the time when the
same was required, any municipal cor
poration shall be entitled TO demand,
and recover, in addition to the amount
assessed, and interest thereon, at six
per cent. from the time of assessment,
five per cent. TO defray the expenses of
collection, which shall be included 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 sub
stances, whether animal or vegetable, TO
be removed from any LOT or lots, and
may for such purposes, 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 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 if shall be the duty of such owner or
owners, his, her. or their agent or attor-
ney, after service of a copy Of the said
resolution, or after publication of the
same, in some newspaper of general cir
culation IN such municipal corporation,
for four successive weeks, 10 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 atlhe expense ofsuch mu-
nicipal corporation; and the amount of
money so expended, shall be debt due
to said municipal corporation, from the
owner or owners of such LOT or lots, in
proportion 10 the amount expended on
the lot or lots owned by him, her, or
them. respectively, 10 be recovered be-
fore a 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 such lot or lots, which may be en-
forced If need be, either after or without
previous proceeding at law, by suit
in equity in the court Of common peas
ofthe proper county, and like proceed
ings may be had as hereinbefore direc-
ted in relation TO the improvement of
streets, or as in other cases at law, or
in equity.
Sec. 80. Il shall be the duty of the
court of common pleas of the proper
county, to take and exercise the juris-
diction authorized by this act. for the
collection Of any charge or debt, or the
enforcement of any lien. notwithstand-
ing the amount involved shall be less
than that to which the jurisdiction of the
court may be limited in other cases; and
anv court of common pleas may make