The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1867-05-02


An Act authorizing the assessment Of
all lands within one and a half miles on
either side, or within one and half
miles Of the terminus Of any plank, ma
cadamised or gravel road. organized IN
der and pursuant 20 an act of the Gen
eral Assembly of the State of Indiana
entitled ian act authorizing the con
struction of plank, macadamized and
gravel roads" approved May H. 1882.
when the subscription to such road
amounts TO at least eight hundred dol
lars per mile and Is not sufficient for
the completion of the same, and acoilee-
ton OF such assessments Provided,
The lands are situated within the county
ia which such road is located. Ap
proved March IL, 1867. a Ere -s'as'
SEC L. Be it enacted by the General
Assembly of the State OF Indiana, That
any organized plank, macadamized or
gravel road company, under and pnrsu-
ant to the provisions of an act of the
General Assembly Of the State of Indi-
ana, entitled ian act authorizing the
construction Of plank, macadamized and
gravel roads, approved May II, 1852,
having Subscription of at least eight
hundred dollars per mile of such propo-
sed road, and not having sufficient
amount for the construction and compile
ton of the same, may petition the
Board OF Commissioners of the county
or counties through which such propos-
ell road is or may be located for the APP
pointment of three disinterested free
holders of the county or counties, to
assess the amount of benefit to each
tract of land within one and one-half
miles of such road on either side thereof,
or within the like distance of the ter
minus thereof. +a
SEC 2 1t shall be tie duty of such
Board of Commissioners to appoint
three disinterested freeholders of the
county for the purpose of making such
assessment, and to cause the Auditor OF
the county to notify them of their APP
pointnpnt and their duties under such
appointment, and to TX time and place
for their meeting before proceeding to
the discharge of their duties as such as
SCISSOR; and such assessors, having met
pursuant to such notice, shall first take
and subscribe an oath before some officer
authorized to administer oaths, that they
will faithfully and impartially discharge
their duties as such assessors, and shall
proceed to view all the lands within one
and one half miles of such road, on either
one half miles of the terminus thereof;
Provided, Such lands are situated within
the county where such assessors have
been appointed. and it shall be their
duty to make list Of air the lands with
in such bounds, and assess the amount
of benefit that will result from the prop
err construction and maintenance. Of the
proposed road, and report the same to
the County Auditor in writing, and APP
pend thereto their affidavit that the same
is correct, just and fair, according to the
best of their judgment and ability, which
report shall be kept on file by such Aud
itor for the examination aud Inspection
of any person concerned. o4
SEC 8. 1t shall be the duty of the
County Treasurer to collect such assess.
ments ut the time and in the manner he
collects the taxes of the county, in three
equal annual installments, and for that
purpose the County Auditor shall put
upon the tax duplicate of each year, com
mencing with the year in Which sucfas-
sessment is made, one third of the whole
amount of ch assessments, which
amount, when put upon the tax duplicate,
shall constitute a lien on such land so
assessed, until paid, and such Auditor
shall continue the same from year to
year till the whole assessment has been
put on such duplicate and collected
Provided, however, that any such com
pany, having received a sufficient amount
for the construction of such road, may, |
and it shall be their duty to notify the
Auditor of the fact, when and after such
notification, it shall be the duty of such
Auditor to withhold from such tax du-
plicate any part of such assessment as
has not already been put thereon. and
shall, from and after that time, put on |
the tax duplicate, from year to year, |
such per eentum of the assessment only |
as he may be notified by such company,
as viii be required to keep up the neces
sary repairs and other expenses of such |
company. ef 49,
SIC 4. Any person having subscribed
and paid any such company any sum of
money, shall be entitled to a credit on
his assessment as the same falls due for
collection, equal to the amount so paid. |
and the proper receipt of the company |
showing such payment shall be received |
by the Treasurer of the County in the
payment of such assessment.
SEC. D. ANY and all persons having |
paid such assessment, or any part there
OF, shall thereby become entitled to a |
certificate of stock for the same, and |
have all the rights and privileges of any |
other person who has paid a like amount |
of subscription. -a
SEC. 6. Any such company or person |
feeling aggrieved by any such assessment |
may appeal from such assessment to the |
Circuit Court or Court of Common Pleas |
of the county in which said lands So as
sessed are situate, and shall then have
the right to have the question of such |
assessment submitted to a jury for re-
assessment, when and where witnesses
may be examined on behalf of said com
pany or person, and the jury may also,
at the. request of either party. review
the premises, and shall reassess, said
lands. and such ,reassessments shall be-
final between the parties.
SEC. = An emergency exists for the
immediate taking eject of this act.