Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-02-03

the oolleseiea thereof 10 sseesoeese ws's
the provisions Of any osdissass sAse 70
10 oe, regulating the sollsssioe Of sses
assessmsass. u ssfssssd bsss to We
same or other Conaissieosss. they
shall proceed 70 asks their ssssssosass
and return the ssas In like 0aaess and
give like notices - herein ssqsirsd 10 -
ls.ion to the fret, and ell parties 10 in
,eress shall have the ike nosiess sod
rights, aud the City Council she'll per.
form like doties and have Ike powsss 10
relation 70 any ssSssqases liberalization
rs are herein given 10 relation TO the
arst.
SEC. Is. The City Council shalt hsvs
power 10 remove Commissioners, and from
time TO time appoint others ]" the place q
such As may be removed, refuse, neglect, OF
be unable, from any ca's~. 10 serve.
SIC ~. The land required to be taken
for the making, opening, or wider'n any
street, alley, lane, o, any other highway,
shall not be appropriated until the damages
awarded ierefor 10 any owner there"f un'
der this act shall BE- paid or rendered 10 such
owner or his agent, or in esse the said owner
o. his agent cannot be found in said city,
deposited 10 his or ,heis credit in some safe
place OF deposit 9TH. than the hands OF
the Treasurer, and then, not before, such
lands may be taken aud appropriated Tor
tie purpose required in making such I'm
provements, and such streets. alleys, lanes
highways aud squares, may be made and
opened.
SEC. 20. Where the whole Of any lot or
! pare 81 OF land or other premises under lease
d OF other contract shall be taken for any OF
the purposes aforesaid, BY virtue Of this
act. all the covenant, contracts, and en-
n gagemenis between landlords and tenants or
>. any other contracting parties touching the
!. same or any part thereof shall, upon COLI
- firma'ion OF such report. respec lively cease
and be absolutely discharged Where part
), only Of any lot or areel Of land or other
premises under lease or other contract shall
;" be taken for any Of the purposes aforesaid,
" all the covenants, contracts agreements, and
e. engagements respecting the sams,nPon con-
frma,ion Of such report shalt b. absolutely
Al discharged as 10 the part thereof 80 take"
~ but shall remain valid rs 10 the residue
. thereof and the Ients, COZ sderatiohs and
:, payments reserved, payable and 10 be paid
tor, or in resprc, 10 the same, shall be- Sc
proportioned as that the part thereof l"st',
and sqm.a"ly payable for such residue
OF thereof ard no more shall be paid or re-
y. cove,able for in any respect Of the same.
n SEC. II. Any person interested may ap
ID peal from any final order Of the City Coua
Il c,l fer opeui, Z or widening any street
to alley, ia,e. public ground, or highway, to
=. the District Court Of Scott County BY no
tice in writing 10 the Mayor or Clerk a
any time before the expiration Ut TWEEN
: dAy, after the passage Of such fi"sl order
* IL case of appeal the City Council shall
VI make return witnin thiIt, days after no'ic'
g. ,hrreo. and the Court shalt at the next tern
O. after return filed in the Office o. the Clerl
- thereof hear and determine such appeal an'
10 COhnrm OF aiuIt tnc P'"sV'"'"Ss' WV
or trial Of the appeal all questions involved il
~ said proceedings, including the am uni y
damages shall, be Op.' TO invs'fgation BY
depoei ion or oral testimony ani the b"rd"'
of proof shall in all Ceases he upon the Il
~ 10 shew that the proceedings arr IN conform
Nc i,y with this act.
- SEC. 81 In all cases whea any km
u swuer residing in s4ii City or e'sswhrr
~ hall be an infant and ANY proceedings shal
10 be had under this act, III. District Couit Q
nc the Judge thereof, or the County Judge
= Scot County may, upon the application
the CIy Council, or such infa:.t, or b.
II next friend, appoint "a guardian for such IN
.. FAINT taking security from such guardian To-
IA the TAI hful execution 1t such trusts; AM
al all notices and summons required by thi
act shall be served an such guardian.
SIC. %. Nothing herein contained or il
the acts. TO which ti.i- j. amendsiOry shal
y" authorize the City Council TO discOntinu
=. or contract any street, lane, alley or high
8. way 81 any part there Of withou, the cons-n
!. in writing Of all persons owning land ad
= joiaing said street, lane, alley or highway
= SEC. 81. In al cases where there is u
" agreement to the contrary, the owner or land
DC lord and not the occupant or trnan', shall b
er deemed the person who ought to pay en-
AZ bear every assessment made for the expens
lie OF any public Improvement. Where An.
he such assessment shall be made upon OF PAL
all by any person when by agreement or b.
an law the same ought TO be borne or paid b.
80 sny other PERSON, il shall be lawful for on
So paying 10 sue for AMI recover OF III
per.on bound TO psy the same,t the amour
so paid with interest, Nothing herein cor
- tanned shall IL pair or j" amy way 'dss
- any agreement between a"y landlord On
u ,enan, or other persons respecting the pa,
DO ment Of such assessments.
IT, SIC. 25. Said City Council is hereb
n au,horis ed 10 grant and allow BY o.dinanc
such compensation 10 the Aldermen {
m. said Council for their services - shalt
ut approved BY vote OF Two thirds OF .
Il, the nt mbers elected.
M SIC. % At the first elect ion for Mayo
A.. and Aldermen after the taking effect {
=. this act and every second year therssits
-. there shall b elss'sd By the lsgal ~
:. qualified voters Of said City = Justice a
= the Peace, who shall reside 10 AID be
~ qualified voter Of said City, who shall
:" called a police magistrate, who shall hav
:" and possess all the powers and jarisdictio
nd ~ o,her y,s,;...s - ~. D.. :. c.,