Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-05-26

1-'' i.- MARTIN WELKER, .l
.rli q iFfssaasnt of As Senate
April i2lh 1883. tslj as 81.
mo Io71 AN ACT. 'l o. ls...
10 sineDd an set entitled an act TO smenC
the act entitled. San set 10 provide 10
the Organization Of Cities snd ineorpO
-..IsA y illss~,gs Psssdr nsretli, ls.
scion I. Be 4 enacted " dc en.ra
dsssmJig Of he Stats Of Ono, TlIat th,
eighteenth secti0niof aid aneadsiOry acl
be andit i hereby amended % as 70 read a
foll9ws; They shall have power 70 lay of,
open, widen, straighieo, extend and estab.
lisb, TO improve and keep IN order and 10.
pair, and 70 light streets alieys, public
grounds, wbmve4landing places and mark
ct spaces; TO open and construct and keep
10 order and repair sewers aud drains; 70
appropriate, enter upon or take, for sUch
'of the above purposes as may require it,
lahd or material, and 10 assess and collect
Eehargs Onthe owners Of aBy lots or land,
|sbattDg 90 such street ALLEY, public ground
wharf, landing place aud market space, o.
.on the lois OF lands through or BY which
such street, alley, public highway. public
ground, wharf, landing place or market
space shall pass, for the purpose Of defray-
ing the expenses of 50 constructing, i'm
proving. repairing. extending, widening,
opening or lighting such street, alley, pub
lie highway, public ground, wharf, landing
place or market space, or for the purpose
90 paying the value Of TIE land or lands,
lot or lots. which may be appropriated for
the purpose Of laying of, opening, extend.
ing. or widening such street sllay, public
highway, public ground. wharf landing
place or market space; such charge to be
either in proportioato to the feet front Of the
lot orlahdsabutGng on sncb stssst, alley,
public highway, public ground wharf,
landing place or market space, or TO the
value Of such lot or land. As assessed for
takation,uuder the general Law ofthe slate,
ss such municipal corporation may 10 each
case determine. and they shall Also have
the power to provide BY ordinance for tie
lighting Of any railway, OF portion thereof
which may be elOcated within the corporate
limits Of such town or city in such mode
and manner as the city or town council
shall prescribe, and when it shah be deemed
necessary or proper by any town or city
council 10 provide for The lightifg Ofany
such railway, or portion thefeOf located as
aforesaid, they shall pass an ordinance re-
quiring such railroad company or compa-
MES, within a specified time. which shall
not be less than thirty days, 50 TO light
their track or tracks, or such portion.
thereof as may be designated by such or
dinance, and such ordinance shall prescribe
the mode and manner in which the same
shall be done; the number style and sizeI
Of lamp posts, burners lamps and all other
fixtures and apparatus necessary for such
lighting, and the points of location for said
lamp posts; and 10 case lhe said lighting
shall not be done 10 conformity with the
provisions and specifications Of such ordi.
nance. or should any railroad company fail
or refuse to light its track, or such portion
thereof as may be designated. within the
lime limited by the heordiDance, the city or
town council may proceed Immediately to
cause such lighting to bedone in confOrm-
ty with the provisions of such ordinance
md such municipal corporation may either
BY general ordinance or resolution pre-
cribe the mode in which the charge on
my railroad, company or companies shall
Be asserted and determined-such charge,
Shen so asserted and determined, shah be
payable by the railroad company or CON-
,auies at the time Of the assessment, and
hall also be q lien upon the lots or land
y the possession Of such faiIroad comps.
" or companies, from the time Of the
assessment; such charge may be collected
'nd'lien enforced by proceelinga at law
u in equity, either in the, name Of, the
nunicipal corporation, or Of any person to
'hom it shall have directed payment to bel
1ade; In any such proceedings at law,
hen pleadiUgs ere required it shall be
efficient to declare generally for work and
,bor done, and materials furnished on the
articular railway. part or parts thereof |
roeeedings at Law OF in equity NAV be in
Iituted against al the railroad companies {
r each or any ftbem whose tracks may "A
e'lOeated as aforesaid, against whom such
ssessment or charge shall bave been made Is
/ to enforce the lien against all thelo!s oris
ind, Of suchlots or parcel, Of any number l.
them affected by any one or several ass
sssmeIts, but the judgment eFdecree shall
., s,Eendered ssyerally or separately for the .
mount properly cbsrgeable, aud any pro-
.eding may be served in this discretion of !
le court, for the purpose of trial, review q
appeal and 10 any such proeeediDg,when q
10 court trping aud Leariag The same shall :
. satisfied that the work has been done,or Il
Iaterials furnished, which, according to the y
ue intent Of the ordinance aforesaid, ard I
le provisions Of the act, would be properly IL
largeable on the lot or land, OF against y
~ railroad company, whose railway or e
ut thereof shall have been so lighted, a =
coyery shall be bad OF a charge enforced IL
The extent Of the proper proportion Of :
le value of the work or rnatireal, which !
ould be chargable on gu uch lot or-land. or \
gainst such railroad company. according |
the provisions Of such ordinance. and Of 4
is section, notwithstanding any irrsgu.
fity, int0rmslity or defect IN auy assess,
ent on the part Of such'munieipal eOrpo
ton or its officers; bat in such case The Is
utt shall adiudee as to costs as may be Ii