Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-06-18

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1 of such bond or the failure to give the
same, shall IN no wise effect any bond
/ previously given by any such sheriff OF
coronsY 50 s2az &sfzsE5s. a aE &AG3 fl ass
Sec. 4. That the origina' act taentize
tied Fan act providing for the elett;on
/ of coroners and sheriffs and fixing their
terms Of Office passed March 8, 1884,
be and the same is hereby repealed s
Sec. 5. This att shall take effect
and be in force FROM aud after its pas
sage. 81
WILLIAM B. WOODS,
Speak. of the House of Representatives
| MARTIN WEkkER, sse ~
sg Speaker Of the Senate
April IL, 1858. -
| ( No. fe7I 8 8 i ANACT
To amend al act entitled, arr act to aaie1d
the act entitled. ssAn aetto provide for the
Organization Of Cities and incorporated
Villages" passed March IL, 1868.
Section. +, Be it eadcte6by the General
Assembly of the State Of Ohio, That the
eighteenth section Of said amendatory act
be, and tits hereby amended 80 as to read as
follows: They shall have power to lay, off,
open, wi'sea, strGightea,' extend and estab-
lish to improve and keep in order and re-
pair aud to light streets, alleys, public
grounds, wharves, landing places and narkes
spaces3 10 open and construct and Keep i'm
order and repair sewers and drains; to ap-
propriate, enter upon or take,sior such Of the
above purposes as may require II, land or
nsaterlui,, and to assess and collect charge
on The owners OF atiy Ibts or lands buting
on such street, alley pabiie groaRd, wharI,
landing place and market space, or on the
lots or lands through or by which such street
alley, public highway pubic ground wharf.
landing place or market space shall pass. for
the purpose of defraying the expenses of SO
Constructing, improving preparing, ,extsnding1
widening. opening or lighting such street.
alley. public highway, public ground, wharf,
laAdisg place or market space, or Tor the
purpose of paying the value of the land or
lands, lot or lots, which may be appropriated
for the purpose Of laying of, opening, ex-
tending or widening such street, alley, pub
lie highway, public ground, wharf, landing
place, or market spcae; such charge 10 6e'
either in proportiog TO the fee front Of the
lot or lands abutihg on such street, alley,
puf'iic highway, Pu6lic ground, wharf, land
ing place, or market space, or 10 the value Of
such lot or land, as assessed for taxation, IN
der the general law of the state, as such
mtnicipal corporation may in each case de-
termine, and they shall also have the power
to provide by ordiiiance for the lighting of
any railway, or portion thereof which may
be located within the corporate limits OF such
town or city in such mode and manner as
the city or town council shall prescribe, and
when il shall be deemed necessary or prop
er by any town OF city council to provide for
the lighting Of any such railway, or portion,-
thereof located as afores aid, they shall pass
an ordinance requiring such railroad compa-
ny or companies, within specified time,
which shall not be less than thirty days, SO
to light their track or tracks, OF s.Ach portion
thereof "a may be designated by such ordi-
nance, and sdch ordnance shall prescribe
the mode and manner in which thesame shall
be done; the number style and size of lamp
posts; burners lamps and all other fixtures and
apparatus nee essary for such Lighting and
the points of location for said lamp rosss:
| aud in case the said lfghting eheIl not be
| done in conformity with the provisions and
specifications of such ordinance, OF sho1ld
| any railroad company fail or refuse to light
| its track, or such portion thereof as may be
| designated, within the time limited BY the
| ordinance, the city or town council may pro-
ceed Immediately to cause sueh lie ehtfng 20.
| be done in conformity with the provisions
of sreh ordinances ahd such municipaI cor
poration may either b3 general ordinance
/ or resolution, prescribe the mode f1 which
the charge or any railroad company or COM
panies shall be assessed and determined-
such charge, hen so assessed and determin-
ed, shall be pay able by the railroad compa-
ny or companies at the time of the assess
tRent, and shall also be lien upon the lots
or land in the possession of such railroad
company or companies, from the time of the
/ assessment; such charge may be collected
and lien enforced by proceeding at law or
in equity, either in the name of the munich
pal corporation, or of any person to whom Il
shall have directed payment TO be mades ~
any such proceedings at law, when plead
ings are required it shall be s0ficient to de-
clare generally for work and labor done, aud
materials furnished on the particular railway
part or parts thereof; proceedings at law OF
in equity may be instituted against all the
railroad companies or each or any of them
whose tracks may be located as Aforesaid,
against whom such assessment or charge
shall have been made; or TO enforce the lien
against all the lots or land. or such lots or
purcell, or any number of them affected by
any one or several assessments, but the
judgment or decree shall be rendered sever
ally or separately for the amount properly
chargeable, aud any proceeding may be serv-
ed in the discretion OF Ihe court, for the pur.
pose Of trial, review or appeal. and in any
such procesdings when the court trying and
hearing the same shall be satisfied that the
work has been dones materials furnished
, which according to the trhe intent of the ordi-
nance aforesaid. and the provisions ofthe act
: would be properly chargeable on the loi o.
land, or against any railroad company, whose
railway or part thereof shall have been 50
lighted, recovery shall be had or charge
enforced to the extent of the proper proper.
ton of the valde of the work OF material
which would be chargeable on such lcf OF
land, or against such railroad company sc
cording to the provisions Of such ordinances
and of tins section, notwithstanding any ir.
regularity ,iniormalily or defect in any as
sessment on the part oil such municipal cor
poration or ita effieefs; but in such case tht
court shall Sdjadge as 10 costs az may b
deemed proper, aud in case whefe assess
meats shall have been regularly made, ans
payment shall have been neglected or re
fused ~ the time when the same Was re-
quiredS any tsanicipai eofpofalions or. AM
person to whom the said corporation shall
have directed payment.to be mades shall "
Eehtiiled to recover, in addition 10 the amohn
assessed, with interest ffoth the time OF aa
sessmenl. the additional sum of fveper cent
penalty 10 defray the exPensea Of collection
Ax.yhir irh sfmH h1 iuN1hdoA in ff.m1 1fadU
ment ~ decree s ri E sls