Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-01-31

osos ~. Tue ComDissi00eso ooaU
thsreupoa proceed to make their asses.
nsas ed dsssruios snd spprsiss to tho
oWnse or ownsrs the value Of the real
estate appropriated for the improvement
end The injury srisiog TO shsurss se,ivs.
y iron The eoodsocssioo thereof, which
sball b sssssssd TO such owners yssps Ct.
lively - damages, sfser making oil due
allowances shsrsfrom for any bsnsds
which such owners may respectively Dc.
river from auch improvement. In the ~.
timsts Of damage to she land, the Com
missioners shall include the value OF the
building (if the property Of the owner
Of such land) - estimated BY them %
Aforesaid less the proceeds Of the sale
thereof, or il taken BY the owner at the
value to remove; 10 that case they shsll
only include the difference between such
value and the whole estimated value Of
such building
Sec. Is. II the lands and buildings
belong to different persons, or il The
land DO subject to lease, or mortgage,
the injury demo to such persons respec.
lively may be awarded to them by the
Commissioners less the benefits result.
ing to them respectively from the i'm
provsmsnt.
Sec. 10. Having asosrtainsd The dam.
sges and expenses Of such improvement
/ - aforesaid, the Commissioners shall
thsrsupon apporsisn and assess the Same
together with tho costs Of the proceed.
inRs upon the real estate BY then, deem.
Cd benefited in proportion to tho Bone
nts resulting thereto from the improve.
ments,ss nearly % may bs,and shAll De.
scribe the real estate upon which their
assessment may be made. When COM
plstsd the Commissioners shall sieu and
return tho same to the City Council with.
in forty dsys Of their sppointmeot.
Sec. II. The CLERK shall give ten
dsys notice on some newspaper Of said
City that uch assessment has been re.
turned and in day to be specified there
10 will Be confirmed BY the City Council
unless objeot,ons TO the came arc made
by some per. on interested. Objections
may DO heard before the City Counc |
and the hearing may be adjourned from
day to day. The Council shall have
power in their discretion to confirm or
annul the assessment, or refer the same
back to the Commissioners. II annulled
oil the proceedings shs be void, il con-
trmed en- order Of confirmation shall be
entered. directing Q warrant to issue for
the collection thereof 10 accordance with
the provisions Of any ordnance then IN
TO oe, regulating the collection Of such
ssssssments. II referred back to the
Same or other Commissioners they
shall proce i to make their assessments
and return the same IN Ike m amer an
give like notices ss herein required IN re
lat,on to the frat, ami all parties In IN.
tersst shsl have the Ike notices apn
riRhts, and the City Councl shall per.
form like duties and have ike powers In
relation to any subsequent dvternlnati,
a. are herein given 10 re.atioa 10 he
fret.
SEC. IS. The City Council shall hsv.
power to remos . Comm ssion.rs, an FROM,
time TO time appoint others ia The place +
such a. may be removed, refuse, neglect, or
be unable, from any cause, to serve.
SEC. 10. The land required 10 be taken
for the making, opening, OF videuing any
street, ailsv, lane, OF any otter highway,
shall not be appropriated until the damages
awarded therefor TO any owner thereof un.
der this act shall be paid or teudered to such
owner or bis agent, or in case the said owner
o! his agent cannot be found Ia said city,
deposited to his or their credit IN some safe
place Of deposit other than the hands Of
the Treasurer, and then, not before, such
lands may be taken and appropriated for
the purpose redured in making such i'm
provement, and such streets, a!leys, lanes,
highways and squares. may - made and
opened.
SIC 20 Where the wnoic q; any lot Oh
parcel OF land or other premises under lease
or other contract shall he taken for any Of
the purposes aforesaid, by virtue Of this
act all the covenants, contracf.. and en-.
gagsments between landlords iti tensnts or
sny other contracting parties touching the
same or any part there shall, upon con-
firmation Of such report, respe lively cease
aud be absolutely discharged Where part
only Of any lot OF parcel OF land or other
premises unde. lease or other contract shal
Be taken for any Of tho purposes aforesaid,
all the covenants, contracts agreements, and
engagements respecting the saula upon con
frma,ion Of such report shall lie absolutely
discharged % 10 the part thereof 90 tsxer.,
but shall remain valid az 10 the residue
thereof and the rents, considerations and
payments reserved, paysbl. sul 10 be paid
tor, or in respect 10 the same, shall be 90
proportioned a. that the part thereof Justly
and equitahly payable for such residue
thereof and no more shall be paid or re.
eoverabls tor in any re.pcct Ct the same.
SEC. q. Any person interested M, ap.
peal from any final order Of TIE City Coua.
ell for opening or widening any street,
alley, lane, public ground. ~ highway TO
the District Court of Scot, County BY no.
tics IN writing to the Mayer OF Clerk at
any time before the expiraiioa Of twenty
days after the passage Of such final order.
In case Of appeal the City Council shall
make return within thirty days after notice
thereof and the Court shall at the next term
after return filed in the othce Of tn. Clerk
thereof hear and determine SUCH appeal and
confirm Or annul the proceedings. Upon