The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-04-29

tracks may be located as aforesaid, against
whom such assessment or charge shall have
been made, or to enforce tho lion against all tho
lots or land or such lots or parcel or any number
Of them affected by any ono or several assess
.ments, but the judgment or decree shall bo rom
dercd severally or separately for the amount
properly chargeablc, and any proceeding may bo
served in the discretion of the court for the pur-
pose Of trial review or appeal and in any such
proceeding when tho court trying and hearing
the same shall be satisfied that the work has
been done materials furnished which accord
ing to the true intent Of the ordinance aforo-
said and the provisions Of the act would bo
properly chargeablc on the lot or land or against
any railroad company whose railway or part
thereof, shall have been SO lighted, recovery
shall be hud or charge enforced TO the extent
OF the proper proportion OF the value ofwork or
material which would be chargoabe on such lot
or land or against such railroad company accor.
ding to the provisions of such ordinance and OF
this section, notwithstanding any irreguarity
niormality or defect, IN any assessment on the
part Of such municipal corporation, or its offcers
but in such case the court shall adludge as to
costs as may be deemed proper, and in cases
where assessments shall have been Regularly
made, and payment shall have been neglected
or refused ut the time when the same was rcqui-
red, any municipal corporation, or any person to
whom the said corporation shall have directed
pay mcn TO be made, shall be entitled to demand,
and recover in addition to the amount assessed
| win interest from tne tlmc OF dssesstleHt, tho
additional sum Of five per cent. penalty to defrny
the expenses of collection, and which shall be
included in the judgment or decree.
! SEC. ~. That tue iorty-hfth section oil said
act, be and it is hereby SO amended as to read as
follows: "Scc. as. The said trustees shall havo
the exclusive supervision and control OF all pub
! lie roads, streets and alleys, sewers and drains
constructed or be constructed within the limits
of such special road district; they shall have the
power to lay off and establish TO improve keep
in order and repair, roads, streets and alleys ana
to open and construct, and keep in order and re-
pair sewers and drains, to enter upon and take
for the purpose aforesaid when necessary, land
or material; to assess and collect charge for the
! construction, Improvement, or repair OF any
such road, street alley; and to carry into effect
such powers, and the other powers incident to
corporation for the said special purposes, may
make and publish, and enforce, bylaws and or
dinances, and shall have the like rights and REM
odies in all respects, as in this act provided, in
relation to other municipal corporations And
for the services performed by any supervisor in
his capacity as such under the direction of the
trustees OF any such special road district the
same shall be settled and paid for by the trustees
} of the proper township or townships Us in other
cases.
SEC. 20. That the forty second section of said
! act be, and the same is hereby amended as to
read as follows: '.Sec. A. 1t shall be the duty
Of the Governor, Auditor and the Secretary Of
| -
tanning the ratio of representation required
by the eleventh section OF the said article Of the
constitution, also to ascertain what cities oil the
second class, are entitled to become cities OF The
hrst class, and what incorporated villages are
entitled to become cities, and their proper class,
ana the Governor shall cause statement thefe-
of to be prepared by the Secretary of State, (which
statement he shall cause to be published in some
newspaper printed in the City OF Columbus, and
also in some newspaper printed IN each oil the
} cities and Incorporated villages, the grade of
which shall have been so advanced, and copy
of such statement shall also be transmitted by
the Secretary OF State to the neat session o the
General Assembly; provided, however, that be-
fore said city or Incorporated village, shall be
advanced as herein provided, the trustees there
of by resolution certified TO the Secretary Of
State, shall accept of such advanced grade, and
therofrom any such city or incorporated village
shall at the next regular annual period for the
election of municipal officers, proceed to organ.
ize according to its new grade by the election of
officers prooerlv belonping thereto and on their
election and o1alifcntion The term of service of
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