The comet. (Johnson City, Tenn.) 1884-1916, 1891-01-29

such land is suhdivided or patted the
land lying Immediately upon and
adjacent to the line of the improve
ment and extending back fifty feet
shall be primarily liable to and for the
whole cost of the improvement, and
should that prove insufficient to pay |
such cost, then the second parcel and |
other parcels in their order to the rear
pa eel of said one hundred and fifty
feet shall be liable in their order.
Such assessments, with the interest
accruing thereon, shall be lien upon
the property So assessed and shall re-
main lien until fully paid and shall
have precedence over all other liens,
excepting taxes, and shall not be di
vested by any judicial sale, and il such
city or incorporated town shall fail,
neglect or reiuse to promptly enforce
and collect such assessment when due,
the owner OF holder OF any OF the bonds
or certificates hereinafter mentioned
may foreclnse such lien or liens rs
mortgage is foreclosed in any court of
competent jurisdiction, and shall re-
cover, in addition to the amount Of
said bonds and interest and all costs, a
reasonable attorneys fee. The amount
realized by the sale of any OF such
property, or the payment Of such as
sessment after the payment of the
costs OF such proceeding, shall, to the
extent of such assessment, with inter-
est thereon, be applied pro rata to the
payment OF the then outstanding
bonds or certificates herein mentioned
without reference to the time Of the
maturity OF the bonds or certificates.
Any mistake in the escription OF the
property er in the name of the owner
ehall not vitiate the lien of such ASSESS
ment. Such city or town shall be La
BILE and pay for all tha part OF such
street or alley improvement as sha be
occupied by the street and alley cross
ings, and may order thst any part of
the total cost of any Of the improve
ment in this act mentioned shall be
paid out OF the general fund.
Section 4. Whenever the owner of
any lot or part Of lot, before the let.
ting o such contract, shall have made
any improvement in front Of his lot or
! art Of lot, III accordance with the
general plan for the improvement o.
such street or alley, and under the di-
rection Of the city or town Engineer,
he shall be entitled to Il reasonable al
lOwance therefor, upon his proportion
OF the cost OF such improvement,
which reasonable allowance shall Q
determined by the said engineer
Provided, That all contracts made by
any city Or Incorporated town, or by
any officer under the authority there.
of, for public improvements or other
wise, in the profits whereof any officer
of such city or town shall be interested,
directly or indirectly, shall be void.
Section s. When any such contract
shall be made, or sh II have been
heretofore made, and shall have been
in progress or fulfillment, the Com
mon Council ol puch city or the Board
OF Trustees OF such town shall have
power To cause estimates to be made
from time TO time Of the amount OF
work done by The contractor, and to
caute the same tn he paid out OF the
treasury, deducting a reasonable
amount or percentage to secure the
completion Of the contract, until the
whole shall be finished, and to PIE
scribe the time in which the whole
shall be completed, and such estimates
shall be lien npon the several parcels
OF ground upon they are assessed to
the same extent that taxes are lien,
aud shall have the same preferences
over other demands, and such liens
shall be in favor Of the city or incor-
porated town, and the owner OF
the certificate or bonds herein after
mentioned to secure TO the city or in
corporated town and such owners the
reimbursement for such cost of i'm
proyemenS hereinafter provided for
The Common Council of suah city q
the Board OF Trustees oi such town
with the concurrence Of two.thirds oI
the members thereof, may order Ol
cause any or all of the improvements
mentioned in the first section OF thil
act, ard repairs Of any kinds Of streets
and alleys to be made in like manner
without such petition, and eithel
charge and cause any or all Of the ex
, penses thereof to be assessed and col
lected. as hereinafter provided, wher
petition lie made, or If l. is deemed jus
and right. by the Common Council .
} such city or the Board OF Trustees 0
such town to cause such expenses, 0
: any part thereof, to be paid out oI tn
general revenue Of the city or incorpo
( rated town.
r Section G. When any such improve
! ment has been made and complete
r according 10 the terms OF The contrac
/ therefor made, the Common Counc
y Of such city or the Board Of Trustee
). of such town shall cause u 6nal esl
!. mate of the total cost thereof to b
!. made by the city or town Enginee
o and the Common Council of such cit
!, or the Board Of Trustees Of such ton
r shall require said city or town Eng