American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1858-06-10
April IL, 1858.

MARTIN WELKER,
April IL, 1858. '"' ''e "''''
No. 1871 AN ACT
To nInenn nm act entitled nm act To amend The
act entitled Gan act to provide for the Or
gnnlzalion of Cities aud incorporated Vii.
lagos" passed March It, 1853.
SECTION !. Be il cnactsd 6y the Genera
Assembly Of the State Of Ohio, That the eigh
teenth section OF snid amendatory act be, and
It is hereby amended so az to read as follows
That They shall have power to lay ofT, open
w'den' slralghten, extend and establish. to i'm
prove AND keep in order and repair and to light
s'reets' alleys, public grounds, wharves, land
ing places and market spaces; to omen and
construct and keep in order and repair sewers
ana drains; to appropriate enter upon and ia ke
Tor such OF the above purposes as may require
H. land or material, and to assess and collect a
charge on the owners OF any lots or lands abut.
unH on such street, alley, public ground,
wDarI landing place and market space, or on
the lots or lands through or by which such
street, alley, public highway, pubhc ground.
wharf, landing place, or market space shall
pass for the purpose ofdefraying the expenses
oI SO constructing, improving, repairing, ex
tehdlng' vi 'enng, opening or lighting such
street alley' public highway, public ground,
whari' landing place, or market space, or for
lhe purpose OF paying the value of the land OF
iahds' lot or lots, which may he appropriated
Tor the purpose OF laying OF, opening. extend.
ing or widening euch street alley, public high
way, public ground, wharf, landing place OF
market space, such charge TO be either in pro
portion to the feet front Of the lot or lands
Dnltlng on such street. alley, public highway,
puolc ground, wharf, landing place or maj ket
space, or 10 The value Ofsuch lot OF land, as
assessed Tor taxation, under the general law OF
the State' as such municipal corporation may in
each case determine, Il they shall also have the
p lwer to provide by ordinance for the lighting
o' any railway, or portion thereof which NAV
De located within the corporate limits Of such
Town or city, IN such mode and manner as the
cry or town council shall prescribe, and when
II shall be deemed necessary or proper by any
town or city council to provide for the light
ing oi any such railway, or portion thereof 10
Gated as aforesaid. they shall pass an ordinance
requiring such railroad companies. within a
specined Tune, which shall not be less thnn
thirty days, s. toitEht their track or tracks, or
such por'lon lhereolas may be designated by
such ordnance, and such ordinances Shall me.
sen G the mode and manner in which The same
shall be done; the number style and sIze of
lamp posts, burners, lamps and all other fix
lures aud apparatus necessary for such light.
ine, and the points Of location for such lamp.
posts; and IN case The said lighting shallnot be
done IN conlormIy with the provisions and
speciheatlons OF such ordinance. or should any
ta'toNd company tall or refuse TO light lis track
OF such portion thereof as may be designated,
within the time limited by the ordinance, the
city or town council may proceed Immediately
to cause such Lighting to be done in con tormity
with The provisions Of such ordinance; and
such municipal corporation may, either by a
general ordinance or resolution prescribe the
mode IN which the charge on any railroad com
pahy OF companies shall be assessed and de
tetm'ned--sich charged, when so assessed and
determined, shall be payable by the railroad
company OF companies, at the time OF the as
sessnent and shall also Ge lien npon the lots
or lana Ia the possession OF such railroad com
pany or companies, from the time of the as
sesSmenti such charge may DO collected and
lien eni1rced by proceeding at law or in ca.
MY either IN the name OF the municipal cor
potatoh' OF OF any person 10 whom it shall
nave directed payment TO be made; in any Su O
al law. when pleadings are rcoui.
red, 1t shalt be sufficient to declare generally
'or woik aud labor done, and materials fur
n'shed on the particular railway, part or parts
theteol, proceedings at law or in equity may
oe 'nsutuled against all the railroad compa
"es OF each or any OF them whuse tracks NAV
be located as aforesaid. against whom such as
Sessnenl ~ charge shall have been made, or
10 enforce The 'Ien against all the lots or land
~ such lpts or parcel, or any number of them
ailected by any one or several assessments. bnt
the Judgment or decreee shall be rendered sew
ally CT separately Tor the amount prone.ly
chafgeable, aud any proceeding may be served
~ the dlscre,ton OF the court, for the nurpose
OF lrlal review or repeal. and In any such nr,.
ceeding' when the court trying and hear,pv
the same shall be satisfied that the work has
oeen done, or materials furnished, which nc
coTdlng TO The true intent of the ordinance n
lloresa'd' and the provisions ofthe act. would
be properly chargeable on the lot or Land,
OF against any railroad company, whose rail.
way or part thereof shall have been so lighted.
recovery shsl be had or charge enforced 10
The extent OF the proper proportion OF the val.
'e o' tue work or material which would be
manageable on such lot or land or against such
'airoah company, according to the provisions
u such ordinance, and Of this section, notwith.
any irregularily. inlormality or deGec,
any assessment on the part Of such munich.
,al corporation OF its ofhcers; but in such case
ne court shall adjudge as to costs, as NAV be
Ieemed proper, and IN cases where sssess-
nen's shall have been regularly mode, and