The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1853-03-19

"h'h -u-h owners NAV respectively derive rro,
such improvements. la the estimate Of danlag
10 ihe land tLr commissioner. shall inrg!e H.
value "i the building, (if the property Of III
owner of such lamb a. cstimr,ed by them n
aforesaid, less the proceeds of the sale there,
I or II taken by the owners nj the value TO r,
move in that ease they shall only include tie dg,
ence between such value. aud TIE whole estin.
ted value OF tli. building
50. II the 'lamlge to any person lie great.
than the benefits received or If the benefit h
greater than the damage, in either ease the con,
missioneIs shaN strike balance, and carry TN
difference forwsr, to another column, so that III,
assessment may show what amount is To be recei
we'd or paid by such owners respectively, and th,
difference only shall IN any case be collected %
them paid to them.
SO II the land and buildings belong to differ
ent persons. or IL the land be subiec, 10 lease o.
mortgage. the injury done TO sueh persons respec
lively, shall be awarded to them by the commits
sieners, less abe benefits resulting 10 them rsspsc
lively fronrtbs Improvements. isie4 sislts'sp
10. Having ascertainsd the tlam.yes snd ex
psnsos of such improvement n. afuresaiL. IL.
commissioners shall thsreuron apportion and 10
sssy the same, together with the costs Of The PRO
ecedngs upon the real estate. by them deemed
benefited, IN proportion to the benefits resultin.
thereto from the Improvements az nearly as m = '
he, aai shall describe the real estate upon which
their assessments may he made. When completed
the commissioners shall sign and return The same
to the City Council within forty days oftheir ap
pointRent.
Sll. The clerk shall give ten DAYS notice in
any newspaper printed in said CITY, that such ns
sessment has been returned, anl that on a day
named therein, it will be confirmed by tie Civ
Council, unless objections to the samc are made
By some persons Interested. Objections NAV be
heard by ihe City Council and the hearing may
be adioIrned from day to dsv The Council
shall have power in their discretion to confirm or
amend the assessment, OF refer the same back 70
the commissioners. II annullcl all the proceed
ings shall be void, if confirmed an order Of con.
frmaton .hall he entered directing a warrant to
issue f1r the collection thereof by sale Of the re-
al estate as provided in article nine of this char.
ter as near Ss may bs If referred back to the
same or other commissioners, they shall proceed
to make their assessmcnt..sand return the same
in Ike manner, and give like notices as herein 70
CURED ia relation to the first, and all parties in.
terested shall have the like notices and rights.
sndth City Council shall perform its duties and
have like powers IN relation to any subsequent
determination, as are hereinafter given in relation
to the ti.s..
l2 The city Council shall have power 20 re
move Commissioner, aud from time u time ap
point others in The place Of such as may bs re.
moved, refuse, neglect or be unable from apy
cause 10 serve.
$ Is, The land required ts lie taken for the
oPrnngor widening any street, alley ians, or other
highway, shall not be appropriated until the
damages awarded therefor, under tlis act shall be
paid Or ,endcged TO such oSner or his agent, or in
case the said owner or his agent cannot br flGi i
ia said city deposited 10 his or her credit in some
safe place of deposit other than tie lands II the
Treasurer, and then, and noi before, such lands
may be taken and Appropriated to the purpose re
quIrel in making such Improvement. anil such
streets. alleys, lanes, highways, wharfs and slips
may be made and epeGej.
5 II. Whsre the who.e Of aay lot or parcel Of
lands or other prsnses un sr lease or other con.
tract saal Gs taken for any oi the purposes alore.
sad, by vlTtu. OF ,hls act ali the covenants con.
tracts, and engagement, between landlord and
tenants, or other contracting parties, Touching the
same, Or any part thereof shall, upon euniirma.
ton Of such report, respectively cease AMI be ab
,u.u'cly discharged.
s Is. WHsrs part only OF any lot or parcel Of
land or other premises so under lease or other
inatrsct sha. lie taken iJE ihe purposes aforesaid
by virlGc of this act all the c",tnants contracts
AL agrecm and Engagements respecting the
,aiar upon thc confirmation Of such report shall
)- absolutely Ll.sl' ,ud, ~ - the part thereof 50
asen, bgt .ha,i remain valid as to the re, ,due
hercoi,aAd he rents cln,i !entors, and payments
'csrrysI, Ayab'c aud to he pail Gyr OF in respect
y the same, shall be 50 pgopariloGed a. that the
par. thereof justly auI cqgltably PAYABLE for
'GlA t'Sidla 'hereoL AMI no more, shall be paid
" rscJrcI.J.. for IA any respect of tkssamc
; lC. A9y person Interested may appra, from
,ny order Jf the city council for opening or
widening any sireet, alley, pIG.'c ground or high
way to the Circuit Court, by npsice N writing to
h- Mayor or Clerk, AZ any time belOre the *
oration OF thirty days after the passage Of
'uch final order. In case OF an appeal, the city
'ouncl shall make return within thirty days az.
er notice thereof and the court shall at the next
erm a.ier returned filed IN the Office Of the
Clerk thereof, hear aud determine such appeal,
md confirm, or annul the proceedings from which
alignment no aPpeal or writ oferror shall lie. Upon
he trial Of the appeal all questions involved in
'a'I proceedings including We amount oil damages
,y,I ts.,!,narv ,%jr..,sS ~ IN. .oat, ] auJ III. m
,ourt shall at the request Of either party cum.
nus \ iuy 10 determine the facts in conlro.
sersy.
$ II Tho city council may, by ordinance, make
any changes they NAV deem advisable ia the pro.
'cedings thereof pIescribed for ascertaniny th,
lamnscs and injury orcasion.d to any person or
real estate by reason of the condemnation OF any
real estate upon which any buildings NAV le
situated in whole or in part. and the assessment
nf ,uch damage AMI ininry upon rersons or real
estate benefited by the Improvement, and in such