Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-03-19

'""ee Aoi 'aAihs any private property for publ,
| use as hereinbeture provided, without the con
sent Of the owner thereof, as hereinbefore mr..
| vlded; or whenever any person shall CLAIM
greater damages than shall be awarded by III,
| commissioners for property so taken, and shall
| not waive his right to further and other pro
aeedings as hereinbefore provided, such owner
q owners may appeal from any final order OF
the Council for opening or widening any street
| alley or public ground to the Circuit Cour, OF
henosha County by fling notice ofsuch appeal
| WIN the city Clerk at any time within two
week after the passage of such final order by the
council.
sec. X Whenever notice of appeal shall be
hled with the City Clerk as provided in the pre-
ceeding section, the clerk shall within ten DAYS
thereafter return to the clerk of the crc:it court
OF henosha county the name 0: the party films
| such notice, together with copy of the award
OF fhe commissioners and of the order of the
councii relating thereto, and on the trial of sucl
suit, the city shall be Plaintiff and the appellan.
shall be the Defendant, and otherwise said sui
snail &c subject TO the same rules and regula.
tons as other appealed cases.
On The trial OF such appeal, the jury shall!
md as well the necessity of taking snch land
for the uses aforesaid, as the amount of compen.
sation 10 be paid to said appellant for taking the
sane, and the court upon verdict rendered there
IN shall have power TO confirm or annul the or
der OF the common council appealed from, &C.
eordlng to the verdict of the jury, and may give
Judgment veSting in the city for the uses afore.
SAID, the property described in the award of the
commissioners as belonging 10 the appellant, up
ON the payment by the city of the amount OF
damages found by the jury, aud in case The APP
pellant shall recover the same amount Of dana.
ges by such suit rs was awarded him bv the
commissioners aforesaid, Or less amount than
was so awarded. he shall be adjudged to pay the
costs otsuit, IN all other cases the city shall pay
the costs of SUIT
Sec. Is. Whenever any public ground street
or alley shall be laid out, widened, contracted
Strengthened, vacated or otherwise altered accor
ding to the provisions of this chapter, the com
mon council shall cause an accurate survey an,
profile of every such alteration TO be filed Will
the city clerk and recorded.
CHAPTER VIII.
OF Street improvements
Sec. j. The Commencement shall have pow
er to cause any highway to be graded, levelled
gravelled or paved end TO keep the same in re
pair.
Sec. 9. The common council shall have power
TO cause cross and side walks, main drains ana
sewer and private drains to be constructed ano
laid, re-laid, removed ceaused or repaired, anc
to regulate the same.
Sec. ,. Whenever a majority of all the own.
erS of real estate bounding both sides of any
street or part OF a street shall petition the com
mon council to order such street or part ofstreet
graded, levelled, graveled OF paved OF 10 cor.
struct a sewer therein or whenever the majority
of all the owners of real estate bounding one
side of any highway shall petition the common
council TO cause side walks to be laid on the
side of such highway bounded by such real es.
tate, such petition may be granted and an order
be made in accordance herewith, which order
shall specify as nearly as may be the locality
and manner of the improvement proposed an }
notice shall be given to all persons interested
personally OF by publishing such order one week
III some newspaper published in the city.
Sec. 4. Whenever any order shall have been
made for grading, levelling travelling or paw
ing any highway or for building amy side walk 4.
rs herein provided, the Street Supervisor of the
ward in which such work is ordered 10 be done,
or such other person as the council may 1esig
nate as street supervisor for that special purpose
shall Immediately after the publication of such
order cause to be performed such work in man.
ner specified in such order. and under the direc.
ton of the Aldermen of the ward in which such
work is to be done. and when such work is com
pleted such supervisor OF other person shall im-
nediately thereafter return to the city clerk an
account in detail of the expense thereof.
Sec. 5. The aggregate expense ofany improve
ment provided for i'll any such order of the com
mon council as hereinbeiore provided in this
chapter shall be assessed by the common council
on Tue lOtS IylllS upon OF DOunuln6 the highway
upon which such Improvement is made, accord
ing to the relative benefit accruing TO each lot;
aud tax shall be levied therefor upon said lots
and such tax shall become lien upon the lots
80 levied upon, and shall be collected in like
manner as other taxes levied under this act
Sec. g. 1t Is hereby provided if upon the pub
hcation Of any order for any improvement as
herenbefore III this chapter provided, any own
er Of any lot or real estate liable to be taxed
therefor under this act may perform, or cause to
be performed at his own expense such part of
such work for such improvement under the d.
reciiOn of the supervisor or other person appoint
ed for such purpose as may amount to the sum
for which the lot or lots owned by him shall be
liable to be assessed, and any statement in wri-
ting by the supervisor or other person appointed
as such for the time being, that such work has
been performed shall exempt such lot or lots on
behalf of which such work has been SO perform.
ed from taxation for such improvement.
Sec. 7. fhe common council may make such
further or other regulations for causing high
ways to be graded, leveled gravelled OF cleaned
and to keep the same i'll repair, and for causing
cross and side walks main drains and sewers or
private drains TO be cons ructed laid, Te-ad, re-
moved, cleansed and repaired as they may by
ordinance crdain,
CAAPTER TX.
Of assessments, and the Collection of Tares
the first day of August iii each year, (Unless fur
Their time shall be granted by the Common Cou e.
cil) the Assessor shall ascertain the names Of all
the taxable persons in the City, and also all
their taxable property, and al taxable est. te
therein on the first Gay of May of each year, anc
and shall make out IA assessment roll ofall such
taxable property and apprise the same in the
manner specified by the general laws of this
State.
SEC. 2. When such assessment roll shall be
completed. the Assessor shall give notice there
OF in some newspaper published in the City, IL
which notice he shall tx some convenient time
and place where he will be present Fer the puT
pose OF hearing any objections of parties deem.
ing themselves aggrieved by such assessments;
and after such hearing the Assessor shall make
such alterations or revisions in such assessment
roll as justice or equality may require.
SEC. 3 Within two weeks after the day nj
fixed by the Assessor for the revision of the as
Sessment roll rs aforesaid, such assessor shall
return such roll to the Common Council which
shall have power to supply omissions therein,
and for the purpose of equalizing the same, may
alter, add ~, take from, U: otherwise correct and
revise the same, pryided the Common Council
shall not have power TO increase the aggregate
amount OF said rolh except by the value of such
property real or pesonal as may have boon omit
ted by the assessor
SEC. 4. When the assessment roll shall have
been so received and corrected or equalized by
The Common Council, the same shall be confirm
ed by an order of the Council and filed with the
Clerk Thcreupon the Common Council shall
ley resolution levy such sum sums Of money
az may be sufficient for the several purposes foi
which taxes are herein authorized TO De levied
which resolution shall specify the various gener
al purposes for which such SKINS are levied
SEC ). All taxes and assessments general
or special, levied or assessed by the Common
Council under this act shall be a lien upon the
Real Estate upon which the same may be impos-
ed, voted, or assessed for tive years from and
after the corrected assessment roll shall have
been confirmed, and on personal estate from and
after the delivery OF the warrant for the coilec
ton thereof, until paid, and no sale or transfer
,hall affect The lien: and any personal property
Lelnno,int, 70 the dehtnr may ha taken and snld