The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-01-31

idence. II not known OF nonresident,
notice 10 all pers ms interested shall be
given BY Publication for ten days IN some
newspaper Of SAID city. Such notice shall
be siened By the Commissioners and specify
the building and the award Of the Commits
sionsss. II shall also require parties inter.
ested to appear on day therein named or
give notice Of their election TO the City
Council, either to accept the award OF the
Commissionsrs 10 be taken with the land
condemned or appropriated. or OF their in
tention to remove such building at the value
set down BY the Commissioners to remove.
II the owner shall agree 70 remove tho build
ing he shall have such time for the removal
"a the City Council may allow.
Sec -. II the owner refuse to take
the building at the value 10 remove. or fail
20 give notice Of HE election ~ aforesaid
within the time prescribed, the City Council
sha,l have power to direct the sale OF such
building 81 public auction for cash, giving
ton days public notice Of the sale. The
proceeds Of the sale shall b paid to the
owner OF deposited to his use
Sec. IL. The Commissioners shall
therefore proceed to make their assessment
and determine and sppraise to the owner
or owners the value of the real estate APP
propriated for the improvement and the In.
Jury arising to them respectively from the
condemnation thereof which shall be asses.
sed 10 such owners respectively % DANA.
gss after making oil due allowasces there
from, for any benefit which such owners
may respectively derive from such improve.
ment. In the estimate of damage to the
land, the Commits sioners shall include the
value Of the building (if the property Of the
owner Of such land 40 estimated by them
a. aforesaid less the proceeds Of the sale
thereof, or II taken BY the owner At the
value to remove; in that case they shall on :
ly include the difference between such val
ne and the whole estimated value Of such
building.
Sec. Is. II the lands and buildiRgs be.
long to different persons, or II the land be
subject to lease, or mortgage. the injury
done to such persons respectively may be
awarded to them BY the Commissioners less
the benefits resulting TO them respectively
| from the improvement.
Sec. l6. Having ascertlined the dam
ages and expenses OF such Improvement II
| Aforesaid, the Commissioners shall there.
| for acportion and assess the same, togeth-
er with the costs Of the proceedings, upon
| the real estate by them deemed benefited
| in proportion to the benefits resulting there.
| TO from the improvements a. nearly as may
be and shall describe the real estate upon
which their assessment may be made
When completed the Commissioners shall
sign and return The same to the City Coun-
Cd wi,ain forty DAVIS OF their appointment.
| Sec. IL Ale : .esa Sss..t "A DAYS
notice in some newspaper OF SAID city, that
| such assessment has been returned and on
| day to be specified therein will be confirm.
ed BY the City Council, unless objections
to the same are made by some person in
terested Objections may be heard before
the City Council and the hearing may be
Adjourned from day to day. The Council
shall have power 10 their discretion to con-
arm or annul the assessment or refer the
same back to the Commissioners. Ii an
nuled all the proceedings shall be void. If
confirmed an order Of confirmation shall b
entered directing warrant to issue for the
collection thereof in accordance with the
provisions OF any ordinsnce then in force
regulating the collection of such assess.
ments. II referred back to the same or
other Commissioners, they shall proceed 10
make the assessments, and return the same
in like manner, and give like notices as
herein required in relation to the 6rst, and
Ill parties in interest shall have the like
notices and rights, and the City Council
u ls,tsa nd -
powers in relation to any subsequent deter
mination a. are herein given in relation to
the first.
Sec. 10. The City Council shall have
power to remove Commissioners and from
time to time appoint others in the place of
such % may be removed. refuse, neglect,
or be unable from any cause to serve.
Sec. 10. The land required to be taken
for the making, opening or widening any
street, ally, lane or any other highway shall
not be appropriated until the damages
awarded therefor, 70 any owner thereof un-
der this act shall be paid or tsndsred to
such ownar or his agent, or in ease the said
owner or his agent csnnot be found in said
city, deposited to his or their credit in some
sale place of deposit, other that the hsnds
Of the Treasurer, and then, not before such
lands may be taken and appropriated fos
the purpose required in making such i'm
proveme1ts and such streets, alleys, lanes.
highways and squares may b made and
opened.
Sec 20. Where the whole OF any lot
OF parcel OF land or other premises under
lease or other contract shall be taken for
any OF the purposes aforesaid by virtue of
this act all the covenants. contracts and en-.
"a gsment, between landlords and tenants.
or any other contracting parties touching
the same or any part thereof. shall upon
confirmation Of such report, respectively
cease and be absolutely dacharged.--
Where part only Of any 10, or parcel OF
land or other contract shall be- taken for
any of the purposes aforesaid, all the GOV.
enants, contracts, agreements and engage
ments respecting toe same upon eonfirma
ton of such report, shall be absolutely dis
| charged - to the part thereof 30 taken, but
| shall remain valid as to the residue there
| Of, and the rem e, considerations and pay
ments, reserved payable and 10 be paid for
or in respect to the same shall be 20 pro.
portioned as that the part thereof Justly
and equitably payable for such residue
thereof and no more shall be or recover.
sble for in any respect Of the same.
Sec. 81. Any person interested may
appeal from any dnal order Of the City
Council for opening or widening any street,
slley. lane. public ground or highway to
the District Court Of Scott County by no.
,ice in writing to the Mayor or Clerk q, any
time before the expiration of twenty days
after the passage Of such anal order, In
case Of ap3esl the City Council shall make
return within tnIsy a.y. site: a9-se tAsre.
Of, and the Court shall Al the next term al
ter return flied in the Office Of the Clerk
thereof, hear and determine such appeal
md confirm or snnul the proeesdings.-
Upon trial of the appeal oil questions in.
yolved in said proceedings including the
amount Of damages shall be open 10 inves
tigston BY deposition or oral testimony and
the burden Of proof shall in oil cases be
upon the city 70 show that the proceedings
are in conformity with the act.
Sec. AZ. In all cases when any known
owner residing in said City or elsewhere,
shall be an infant, and any proceeding sbal
be had under this act, the Dstric. Cour, or
the Judge thereof. or the County Judge OF
Scott County, may upon the application OF
City Council for such infant, or bis next
S,;AuA .an0i ~ . ~usvdan e., anrh L. r.r,