The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-05-18
TERMS, $3.50

said act be and il is hereby SO amended as to
read as follows: That until otherwise provi.
ded by the city council constituted by this
act, the numbers, division and boundaries Of
the several wards of cities of the first class,
heretofore incorporated, shall remain as fixed
by ordinance of the FIRST day Of September, A,
d. one thousand eight hundred and fifty-one;
provided that the city council created BY this
act. may at any time create additional wards
and the boundaries thereof or reduce the
number ofwards already created and define
those now established, alter in such manner az
may be deemed expedient; provided that the
city council OF all cities Of the second class now
having one or more wards may divide such
city into such number of wards as said council
may determine, before the time of the first
election under the act to which this is amend
aisfy, and each of such wards shall, al such
first election, be entitled to two trustees to be
elected as provided for in the fifty-ninth Sec
ton of the act to which this is amendatory.
Sec. II. That tile ninety second section of
said act be, and it is hereby so amended, as
to read as follows; "that for the purpose Of
paying the interest of the public debt of any
municipal corporation, the council thereof
SHALL have power, and tits hereby made their
duty. to levy and collect annually on the
property appraised and returned as afore-
said, a sum not oLceeding six mills on the
dollar sufficient to pay and satisfy the whole
Of such interst as the same accrues, which
sum, when so paid into the treasury, shall
be and remain a specific fund for that pur-
pose only, and shall not be appropriated or
used in any otherway.
sec. 49, That the twenty sixth section of
the said act, be and it is hereby so amended,
as 10 read as follows; they shall have power
tolay off, open, widen, straighten, extend and
establish, to improve and keep in order and
repair and to light streets, alleys, public
grounds, wharvs, landing places, and mar
ket spaces; to open and construct and keep
in order and repair sewers and drains; TO en-
| ter upon or take for such Of the above pur-
poses as may require it land or material,
and TO assess and collect charge on the own
ers Of any lots or lands, or on the lots or
lands through or by which street alley or
public highway saall pass for the purposes
OF defraying the expenses of constructing,
improving repairing Or Lighting such street.
alley, or public highway, to be in proper
ton either to the feet front of the lot or land
abutting on such street, alley or highway,
or to the value Of such lot or land, assessed
for taxation under the general law of the
State, as such municipal corporation may in
each case de elmine; and they shall also
have power to provide by ordinance for the
lighting Of any railway, or portion thereof
which may be located within the corporate
limits Of such town or city, in such mode
and manner as the city or town council shall
prescribe, and when it shall be deemed nee.
essary or proper by any town or city coun-
Gil, to provide for the lighting of such rail-
way or portion thereof located as aforesaid,
they shall pass an ordinance requiring such
railroad company or companies, within .
specified time, which shall not be less than
thirty days. so to light their track or tracks,
or such portion thereof as may be designa-
ted by such ordinance, and such ordinance
shall prescribe the mode and manner in
which the same shall be done, the number,
, style and size oflamp posts, burners, lamps
and all other fixtures and apparatus neces-
sary for such lighting, and the points Of 10.
cation for said lamp posts; and in case the
said lighting shall not be done in conformity
with the provisions and specifications Of such
ordinance or should any railroad company
fail or refuse to light its track, or such por-
ton thereof as may be designated within the
time limited by the ordinance, the city or
town council may proceed Immediately to
, cause such lighting TO be done in conformi-
ty with the provisions of such ordinance;
and such municipal corporation may either
= by a general ordinance or resolution pre-
scribe the mode in which the charge on any
railroad company or companies shall be as
sessed and determined, such charge when
so assessed and determined shall be PAYABLE
by the railroad company or companies .,
the time of the assessment, and shall also be
lien upon the lots or land in the provisions
' Of such railroad company or companies,
t from the time of the assessment; such charge
may be collected, and lien enforced by a
proceeding at law, or in equity, either in
' the name of the municipal corporation, or
n of any person to whom it shall have direc-
ted payment to be made; in any such pro-
= ceeding at law when pleadings are required,
t it shall be sufficient to declare generally for
work and labor done, and materials furnish.
r ed on the particular railway part or parts
] thereof; proceedings at law or in equity may
! be instituted against all the railroad compa-
r mics, or each or any Of them whose tracks
may be located as aforesaid, against shom
| such assessment or charge shall have been
i made, or to enforce the lien against all the
T lots or land or such lots or parcel or any
] number Of them affected by any one ar sew
E eral assessments, but the Judgment Or de.
{ cree shall be rendered severally or sepcrate-
y for the amount properly chargeable. and
r any proceeding may be served in the discre-
+ ton of the court, for the purpose of trial re-
;. view or appeal and in any such proceeding
e when the court trying and hearing the same
II shall be satisfied that the work has been
= done or materials furnished which according
It to the true intent Of the ordinance aforesaid
e and the provisions Of the act would be prop.
erly chsrgeable on the lot or land or against
y any railroad company whose railway Or part
J, thereof, shall have been so lighted, recov.
" cry sLall be had or a charge enforced to
+ the extent of the proper proportion OF the
d value Of work or material which would be
II chargeable on such lot or land Or against
S such railroad company according to the pro.
5, visions Of such ordinance and of this section,
e notwithstanding any irregularity informality
or defect in any assessment on the part 81
l. such municipal corporation, or It's oiiicers;
e but in such case the court shall adiudge al
il TO costs as NAV be deemed proper. and IA