The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1883-02-22

pair, enlarge or beighten, as the case shall
demand, it shall be the duty Of thu city
council or board Of trustees of any such
city, town or village to cause notice to be
served upon the owner or person in charge
OF any such leyee, dyke, embankment or
structure, or any agent Of any such owner
or person in charge thereof, OF the condi-
ton, impairment or insufiiciency Of any
such levee, dyke, embankment or other
structure, and that the same must be re-
paired or improved "a directed in snid
notice.
4 Ii the owner, or agent OF person 10
possession Of any levee, dyke embankment
or other structure, shall not, within ten
days from the date of service of any such
notice, In COED faith commence the work
so to be done, and continue the same with
all reasonable diligence until It is com
pleted, any oh city, town or village may
declare such evce nuisance, and pro.
coed to repair or improve the same so as TO
make such levee, dyke or embsnkment &C..
cure and sufficient for the purposes for
which il was intended or used.
\ 3. For the purpose of making any
such repairs or improvement, any such city,
town or village may enter upon
any of the adjacent lands Of tie
owner Of any such levee, dyke or embark
ment aud take therefrom any earth.
sand, stone or other material for the pur.
pose OF making such improvement or re.
pairs, without being liable for trespass or
the value thereof.
8. All such work done upon any such
levee, dyke or embankment, by any such
city, town or village, shall be charged up to
the party liable therefor, AMI shall be lien
upon any such levee, dyke or embsukmcnr
and any connecting ievee, dyke or emhank.
meut which forms part Of the system Of
leyee protection intended for such city,
town OF village belonging to the parry 81
liable, notwithstanding tue lines Of levrcs
may be disconuected by intervening oaoer.
ships
T. Ii the expense incurred by any
such city, town or village is MT pad by
such owner or person liable, within twenty
| daye Of the presentation Of the bill therefor
by the city, town or village clerk, when di.
rected by the city council or board OF trGs.
tees, then such city, town or village my
enforce the lien hereby [created in any
court Of competent jurisdiction in the same
manner as mechanics lien are now enforced
under the statute Of this state, provided the
sale under the decree for sale Of any such
levee, dyke or embankment shall be Also
lutte and without redemption.
8. Any such city, town or village, may
become purchaser at any such sale, and
when so purchased, the city, town or village
may take immediate possession thereof and
use own and contract the same iu the same
manner as if it had been originally built by
the city, but ifpurchased by any other per.
son or corporation, then such levee or en-
bapkment shall be subject to this stute in
the same manner as IT was in the hands of
the original owner.
9. Where any city, town or village
has heretofore built or repaired any part
Of any levee, dyke or embsnkment when
the or final levee or embankment had been
DESTROYED. or become insecure by the wash
or abrasion Of the rivers or the caving in
of the banks, and the part 40 built or re.
paired formed part Of system of levees
surrounding any such city, town or village
for the purpose mentioned 10 this act, and
the same is'or was owned and controlled
by any person, or corporation or trustee and
such system Of levces, dykes or embark
meuts WAS originally intended by the build.
err builders, and WAS necessary, ~ pro.
lection to the site Of any such city, town or
village, and II wss at the time Of the max,
ing Of the improvements mentioned in this
| section, the duty of any such owner, either
III law or equity, to maintain and keep in
repair such system of levees or embark.
merits, and that at the time of making such
improvement or repairs there appeared to
be al emergency tor the performance Of
such work, then any such city. town or
village may have it's action to recover back
what it has expended in that regard, and
may file its bill or petition as IN case Of
mechanics lien, and the amount so eYpend.
ed shall be lien upon the whole OF such
levee system belonging to the party go de-
iaulting at the time Of the fling OF such bill
from the date of the fling Of any such bill
or petition, and it shall be no answer OF
defense tia, any such city, town or village