Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-09

OF property thus knocked on TO the city.
The officer or tax-collector thus selling
any real estate shall, without delay, after
such sales, deliver to the city attorney
the certificate of purchase for each lot
knocked off to the city, as is now re-
quired to be given to the purchaser, and
shall al his receipt therefor, which shall
be filed with the city comptroller; and
the city shall have all such rights and
benefits of existing laws as belong to a
purchaser at a tax sale, and the general
council shall direct the necessary legal
steps to be taken to obtain the possession
of said property as is knocked of to the
city and not redeemed by the owners
thereof, as now required by law. No fees
shall be allowed the recorder for issuing
distress warrants or garnishments.
Sec. 80. The officer thus selling any real
estate shall give to the purchaser a GER
tiicate of purchase, showing the amount
paid, the number of feet of ground sold,
the street on which the same is located,
and the number of lot or part of lot thus
bid off; and should the n fail to re-
deem in twelve months from the day of
sale, the officer selling, or his successor
in Office, shall make to the purchaser of
his representatives or assigns, a deed for
the same, which deed, when so made, ac-
knowledged and registered in the regis
ter's Office of Shelby county, shall be re-
ceived and read as evidence in all courts
OF law and equity in this State as their
good and regular c-onveyances; provided,
nevertheless, that the owner of any real
estate thus sold may redeem tho same at
any time within twelve months from the
day of sale by paying the purchase money
with fifty per cent. thereon.
Sec. 60. The general council shall ave
power by ordinance to subscribe in be-
half of the city any amount of stock they
may think proper to any railroad within
the State of Tennessee, which, in their
I opinion, will contribute to the material
wealth of the city, and may issue bonds
to pay for such subscription for such
length of time, and upon such terms and
conditions as they may deem proper, me
take all necessary steps to protect the in
terest of the city in any railroad to which
she has or may subscribe stock; pro-
vided, that no such ordinance shall be
enforced until the same shall have been
submitted to the qualified voters of the
city for their approval, to be taken at an
election held for that purpose, after thirty
days notice by proclamation of the Mayor,
or published in two or more daily news
papers of the city. The general council
shall also have power for the purpose
Of making any public improvement that
may ba deemed necessary for the city, or
of acquiring any property for the public
use of the city, or to fund the debt now
due or TO become due, the city to issue the
bonds of the city, bearing interest not to
exceed six per centum per annum, and
having not more than thirty years to run;
but this authority shall not be exercised
unless the ordinance authorizing the
same shall first be submitted to a vote of
the qualified voters of the city, at an cleo
ton to be held for the purpose, and after
giving thirty days notice of the time and
place of election, in two or more daily
newspapers published in the city, and if
a majority of those voting shall decide
against the proposition, the bonds shall
not be issued.
Sec. 81. Whenever it may become ne
cessary TO take private property for open
ing, widening or altering any public
street, lane, avenue or alley, or for the
purpose of streDgenthing any branch or
bayou in the limits of the city, the corpo-
ration shall make inst compensation
therefor, to the person or persons whose
property is so taken, and if the amount of
such compensation cannot be agreed upon
between the parties, there shall be a Jury
of five free-holders residing in the city
appointed, two by the Mayor and two BY
the owner or owners of the property, or
his or their agent, and they shall appoint
the fifth, to ascertain the amount of COM
pensation to be paid. when the Jury of
free-hOlders shall proceed to ascertain the
amount of compensation to be paid for
the opening. widening or altering any
alley, street or avenue. 1t shall be their
first duty to ascertain the actual value of
the land proposed to be taken, without
reference to the proposed Improvements,
or its effect upon adjoining lands. They
shall then proceed to assess against the
city the amount of benefit to the public
generally, and the balance against the
Owneror owners Of the property benefited
by the opening of such alley, street or
aV~nnFfa aa4nrAtnn 70 tho rr1Y,a oF IL,
property so assessed, and in proportion
tina such property may he respectively
benefited ny the proposed improvement,
and the sum or sums to be paid the owner
of the property especially benefited by
such Improvement, as aseertained by the
jury, shall be a lien upon the property so
charged, and shall be collected as other
assessments for improving streets.
Sec. 81. The Mayor of the city shall ap-
point the time for the meeting Of the Jury,
and shall give the owner or owners of the
property thus being appropriated, or his
or their agent, If within the city, five IA
days' notice of the time and place OF the
sitting of the jury, aad when the jury is
assembled, they shall be sworn to decide
h controversy according to the law and
evidence, and shall return a cop of their
inquest in writing TO the Mayor, and a
copy 10 the owner or owners of the prom
erty, or his or their agent, In tue event
the owner or QwneFs shall refuse, or fail.
or neglect 10 appoint two jurors, on his or
their part, the Mayor shall have power to
appoint four jurors, and they the fifth:
and in the event the owner or owners OF
the property shall not resida ia the city of
Memphis, or sneluy county, the Mayor
shall appoint four jurors, and they shall
appoint a nth, who shall act as a jury, as
herelnbefOre provided; provided, how
ever, that in the event the owner or own
ers Of The property, or his or their agent.
shall not reside within the city of Mem
phis, or county of Shelby, the Mayor
shall, before he appoint the jurors, give
thirty days nOtlcein some newspaper pub
lished in the city of Memphis, to the
owner orownersofth the property, requiring
him or them to appoint two iurnra, and in
case OF Failure OF his OF theft part to do so
wlthiA thirty days after the notice thus
given, the mayor shall then proceed to
appoint four jurors, and they, The hfth,
vino shall aQt as a jury as hereinbefore
provided.
Sec. %. Either party shall have power,
within ten days after the return Of any
inquest thus made, TO take IN appeal on
the same from the decision Of the Jury to
the Oircnit Court, or to the Common Law
Court of the City of Memphis; but when
an appeal shall be taken by the owner or
owners of the property, the General Coun-
Gil may, after having made a tender of the
amount of compensation assessed by the
jury to the owner or owners of the prop
erty, or his or their agent, appropriate all
such property for such public purpose be-
fore the termination of the suit.
Sec. 64. The General Council shall "a
power to pass all laws, or ordinances,
which may be necessary for the prompt
and efficient collection of the revenue of
the city. Two-thirds of the revenue col
1aaFol i, a,ab--,-l -. ~ -
be expended in such ward unless the
members of the General Council Of the
ward otherwise agree, or unless the same
be required for the purposes herein speoI-
fed.
Ssc. So. The fiscal year of the corpora
ton shall begin on the first Monday after
the first Thursday in January Of each
year.
Sec. 66. The county of Shelby shall pro-
vide for all paupers and destitute persons
of unsound mind, and for the burial of
such, as well within as without the city,
according TO, and TO the same extent re-
quired by the general laws of the State.
The inhabitants Of the city OF Memphis
are hereby exempted from working on
any road beyond the limits of the city,
and from any tax TO procure 1aborers to
work upon the same.
Sec. 81. There shall be a digest of the
ordinances of the city, which are OF gem
eraI character, published every three
years, under the direction of the General
Council, and whenever published, shall
be read as evidence in all the courts of the
State without proof. This charter shall
be a public act, and may be read in all the
courts Of law and equity in this State
without proof.
Sec. 90. To enable the General Council,
or either Board, fully to investigate
charges against its own members, or other
officers, or such other matter as they NAV
deem proper, the Mayor, or Recorder, at
the request of either Board, is hereby
empowered to issue subpenas and COM
pulsory process to compel the attendance
of persons and the production of books
and papers before the General Council, or
either Board, or any committee of the