Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1866-05-23
WHOLE NUMBER z5.


where claims have been fled as afosaai5s
and It Is hereby made the duty Of such Bf5<
! bate Judge to direct the sanHoning Of q iaBf
as Aforesaid, IN the same manner as iufiee6f
! the probate court ore usually summoned saf
/ flx the time and place for tie inquiry and a.
sessment Of such damages. The iurT sBsil
be sworn toinguffe and assess the aetusi a,F5.
/ ages in each case separately, under suc5 Fiies
and Instructions as shall be given fba-n -
the court, and when the Jury cannot aoyes
! they may be discharged in the discretion al
the court, and new jury summoned which
shall be sworn as aforesaid, but n no caas
where said juTy do not agree shall they "a
allowed fees, (the finding Of the Jury sRall
be final, trom which these shall be no an.
peal), and it shah be the further duty Of ths
court TO furnish the amount Of damages and
costs IN each case TO the clerk Of such corpor-
alton, on application. except in cases in which
the jury shall end no damages; in all such
cases the costs Of the inquiry shall be taxed
against the claimant, and recoverable on sx1
ecntion, which said amount Of damages. snd
the costs consequent thereon so found ss
aioaesaid, II shall be lawe1 for such council
TO add to the estimated amount of the ex-
pense Of such grading paving, draining or
other improvement proposed TO be made on
such street, alley or pnblic highway, or The
part thereof TO be SO improved, or the dam-
ages and costs so found if the equity Of the
case, in the opinion Of the council, demands
it, may be assessed on all the lots or lands
bounding or abutting on the whole street,
alley or public highway, or on the owners
thereof, and the estimated expenses OF the
Improvement, except such damages and costs.
shall be assessed on that portion Of the street,
alley or public highway to be improved, and
the said council may, as soon as practicable,
BY ordinance. levy and assess a tax to deirsy
all expenses consequent on such improve
ment, on the owner or owners Of lots or lands,
OF on the lot or lands By or through which
such street, alley or public highway shall
pass, according to the true intent and rnesn-
ing Of section, either by the foot front ofths
lots or lands bounding OF sbutting thereon,
or according to the value OF such lots OF iands
as assessed for taxation under the general law
Of the state, as the said council nav III each
case determine, and in all cases where the
street. alley or public highway, or any uor-
ton thereof so to be graded, paved drained
or improved, shall pass by or thro0gh any
public wharves, market spaces, parks or pub.
lie grounds, within the limits of such coFpoF-
alton, the council of said municipal CORPORA.
ton may, if deemed advisable, levy and a..
sess tax for the proper proportion Of the
estimated cost Of such improvement author
lied by this section upon the general dnpli-
cTte Of all the real and personal property sub
ject to taxation within the limits Of said cor
poration, which levy and assessment shall Be
BY the recorder Of said corporation duly csf-
titled to the auditor Of the proper county, and
BY the auditor charged IN said dupEcats
against said taxable property and collected IS
other taxes; and all taxes thus entered upon
the duplicate OF said county shall, upon cole
lection thereof. be paid over to the treasurer
Of arid corporation, and shall be applied by
the council thereof only for the purpose Of
such Improvements: provided. that IN 10
cIse shall the tax levied and assessed upon
any lots or lands for any improvement ati.
fhorlzed by this section, amount to more than
fifty per cenium of the value of said Iot or
land. to be estimated after the Improvement
has been made, and an the cost Of the said
improvement exceeding the said pei Gsntuud
ihatwould otherwise be ehargeable on said lot
or land, shall be paid by the municipal cor.
poraiion out of its general revenue: provid-
ed further, that none Of the provisions Of this
section shall apply to the repair Of sidewalks
except as hereinafter provided but such sides
walks shall be repaired as follows: The board
Of CITY Improvements or council Of and
corporation, where no board Of
public improvement exists, shall declare BY
that ceratin specified sidewalka
need repairing; the mayor Of such municipal
shall cause notice to be served
anon the owner or owners or agent thereof
IF the property bounding or sbutting on such
sidewalks of the passage Of such resolution,
and If such sidewalks are not repaired within
len days from such service Of sneh notice. the
board Of city Improvements or council is here
oy authorized to have the sine done at the
expense OF the owner or owners thereof ard
he same shall constitute a lien upon the ptos
oerty bounding or abutting thereon, and shall
be collected in the same manner and with
ike peralty and interest after demand and
as in other cases Of street in>
,rovement: provided further, that in an cas-
IS where It shall be deemed necessary by ench
municipal corporation to buiib or repair sidg-
walks aloES the portion Of any street. alleV
1r public highway which passes BY or through
my public WharTes, market spaces, parks or
public grounds, the proper portion Of the es-
imated expenses thereof NAV be by fhs
council OF any municipal corporation levied.
.ssessed. certified and collected in the same
manner as is herein provided for the levy,
assessment and collection Of taxes for other
street improvements on streets, alleys or pub
ic highways passing by or through such pnbA
ic whaFves, market spaces, parks or public
grounds.
SEC. 2. That whenever any municipal cora
,oration shall order any public improvement
o be made, the expense whereof is charge
,ble upon the lands, lots or parts Of lots ads
dining or adjacent theretot it shall be lawful
o include in such expense, not only the cost
Il such improvement and the damages occs-
ioped thereby. as prescribed by the act TO
which this Is supplementary, but also tbs
.ost Of publishing the ordinar ce or ordinances
freezing such Improvement or improvements.
hat Of the preliminary or other surveys, and
hat of publishing oil notices required BY law
connected Herewith, including the notice Of
he assessment or assessments; and If the
,wner or owners Of any lot or lots, or parts
4 lots or lands against which any tax for
my such improvement CT Improvements may
% assessed shall neglect 10 pay the same un-
il the same is certified to the county auGitof
a he mt upon the tax duplicate, it shall be
M i bsrebv made the duty Of said auditor
= o5d s;qbt ner cent. penalty to said tax, 20
80 tLs interest and expense Of collection
8 s,id tax which tax and penalty shall be
oIisc,ed as in other easel: provided, that no
sbiTties incurred under the act to which
lis set IS amendatory and supplementary
1au he affected by the repeal Of said act.
SIC. g. This act shall take effect from and
fer its passage, and the original section four,
amended in the act above recited, is here
= repealed.
p HTCH0ooE,
Speaker pro. TEN. of the House of Rep.
ANDREW G. MCBURNKr,
President Of the Senate.