Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-04-12
THE LAWS.

THE LAWS.
REPAIR SIDEWALKS.
ISL B. No. 1s4.]
An Act to Amend and enact Sections 2, II, 81,
e 2 and ,ad7 % Of Article Is Of Chapter 70 of ,hs laws
Be it enacted, etc.
SECTION l. AMENDMENT. That Section 2 Of
Article Is Of Chapter 10 of the Laws of 1887, be
and the same is hereby amended and re enacted SO |
as to read as follows:
SEC. 2. COMMISSIONERS OF LOCAL IMPROVE
MENTs-How Appo1NTAD.] The council upon
ordering any improvements, 10 he paid for by
snscial assessments, other than sewers, shall APP |
point three commissioners. who shall be dis,nter:
ested freehoiders and qualified voters of the city to
view the premises and assess the damages which
may occur by the taking of private property. or
any other damages arising from the making of
notified as soon as practicable, by the city auditor
to attend at his office at a time to be fixed by him,
for the purpose of qualifying and entering upon
their duties, and in case any such commissioner,
upon being so notified, shall neglect or refuse to at
tend as aforesaid, he shall forfeit and pay a fine to
the city, not exceeding $50, and shall be liable to
be prosecuted therefor before the police justice as
in the case of fines imposed for the violation of an
ordinance of said city, and in case one only of said
commissioners shall SO neglect. or refuse to attend,
the two remaining commissioners shall fill the
vacancy, and in all other cases the vacancy shall be
filed by the council.
SEC. 2. AMENDMENT. Section II of Article
IS of Chapter 70 of the Laws of 1887, is hereby
amended and re enacted SO as to read as follows:
SEC. II. AssEssMENTs-How PA1D-PENALrY
FOR NON.PAYMENT FOR LOCAL IMPROVEMENTS,
After said estimate provided in Section IL shall
have been so improved, the city auditor shall forth
with make or cause to be made an assessment roll
describing the property SO assessed with the name
Of the owner, if known, and the amount assessed
10 each lot, piece or parcel of ground as approved
by the city council, and attach thereto a copy of
tt,o - t6a ~st, ~O,,~o ~ nnr0~sps &h,
same and certify that the same is correct, and forth
with publish said list three successive weeks. at
least once in each week, in the official newspaper of
the city, together with the notice that a penalty of
10 per cent will be added thereto if the same is not
paid within thirty days after the date of the
first publication, stating the time when such penalty
will accrue, and all such taxes remaining unpaid
together with accrued penalty shall by the city aud
itor be certified to the county auditor of the county
in the same manner as other city taxes and shall be
collected, enforced and paid over in the same man
ner as other city taxes.
SEC. 3. AMESDMENT.l Section 81 of Article
Is of Chapter % of the Laws of 1887, is hereby
amended and re.enacted SO as to read as follows:
SEC. 81. The CITY COUNCIL TO CONTRACT FOR
SIDEwALKs-WHEN.] If such work is not done
and the sidewalk not built, repaired or rebuilt in The
manner and within the time prescribed
in said notice, the city council may order the same
TO be done by suc, person as they may contract
with under the direction of the city engineer at the
expense; of the lot or lots or parcels of land adjoin-
sessed upon said lot or lots or parcels of land SO
chargeable by the city engineer and returned by
him to the city council, and the city auditor shall
cause to be published said estimate of the city en-
gineer together with a notice of the time and place,
when the city council will meet to approve the
sa,re, by one publication in the official newspaper
Of the city, for at least ten days prior to the meet
ing of the city council to approve the same
SEC: T. AMENDMENT,1 Section % of Article
IS Of Chapter 70 of the Laws of 1887, be and the
same is hereby amended and re-enacted SO as to
read as follows:
SEC. %. ASSESSMENT FOR SIDEwALK-How
h9.~ INV IVY - N@Ny MA S-&r .hr Nst6,n
ten days after said assessment shall have been SO
approved, the city auditor shall forthwith make, or
cause TO be made, an assessment roll describing the
property SC assessed. with the name of the owner,
if known, and the amount assessed to each lot,
piece or parcel of ground as approved by the city
council, and attached thereto a copy of the resolu-
ton of the city council approving the same, and
certify that the same is correct, and shall publish
sad list TIN ee successive weeks, at least once in
each week, in the official newspaper in the city to-
gether with a notice that a penalty of 10 per cent
viii be added thereto if the same is not paid within
thirty days after date of the first publication, stat
ing the time when such penalty shall accrue, and
shall thereafter certify all such taxes remaining I'M
paid together with accrued penalty, to the county
auditor of the county, in the same manner as other
civ taxes. and same shall be collected, enforced
and paid over in the same manner as other city
taxes.
SEC. 5. AMENDMENT. Section % of Article
u of Chapter 70 Of the Laws of 1887, is hereby
amended and re enacted SO as to read as follows:
SEC. %. SIDEWALK REPAIRS NOT EXCEEDING
S10-AssEssMENTs FoR-FIow MADE-PENALTY.]
~ u / I y ~ lCllAIl l0CWdlhS WHICH
the amount of such repair does not exceed the
amount of $40 for fifty feet of such walk, such re-
pairs may be made by the city under the direction
and supervision of the street commissioner, who
will first give notice in writing to the owner or &C.
cupant of any lot or lots or parcel of land adjoin-
ing such sidewalk to repair same at his or their
own cost or expense within 4 time not less than
twenty-four hours from the service of such notice,
which notice shall declare what repairs are neces-
parcel of land adjoining the sidewalk on which
such repairs are necessary, and in the event of such
owner or occupant failing to make such repairs
within the time specified in such notice the street
commissioner shall at once make all necessary re-
pairs, keeping an accurate account of such repairs
and certify the same to the city auditor, which GER
tifcate shall contain a description Of the lot or lots
or parcels of land adjoining such sidewalk and the
amount of such repairs, and same shall by the city
auditor be reported to the city council for its APP
prevail. and the city auditor shall cause to be pub
lished such assessment together with a notice of
the time and place where the city council will APP
prove of the same, by one publication in the official
the meeting of the city council, to approve the
same, and after the same shall nave been so APP
proved the city auditor shall forthwith make or
cause to be made an assessment roll describing the
property SO assessed with the name of the owner. if
known, and the amount assessed or each lot, piece
or parcel of ground as approved by the city coun-
Gil, and attached thereto a copy OF the resolution
Of the CITY council approving of the same. and GER
tifY that the same is correct, and forthwith publish
said list three successive weeks, at least once in
each week, in the official newspaper of the CITY, to-
gether with a .notice that a penalty of 10 per cent
will be added thereto if the same is not paid within
thirty days after the date of the first publication,
stating the time when such penalty shall accrue,
and all such taxes remaining unpaid together with
accrued penalty shall, by the city auditor, be certi-
fed to the county auditor Of the county in the same
manner as other citv taxes, and shall be collected
and enforced and paid over in the same manner as
other city taxes.
SEC. 6. REPEAL. All acts or parts of acts in
conflict with this act, and especially that part of
Article Is of Chapter 70 Of the Laws of 1887, re-
During the city treasurers to collect taxes on
special assessments are hereby repealed.
Emergency clause)
Approved March IA, 1895.
PROPERTY AND ADVERSE CLAIMANTS.
rs. B. No. 49,
An Act Providing. for the Deposit in Court of
Money, Property or Effects for Which There
Are Adverse Claimants.
Be it enacted, clc..:
SECTION 1. Whenever two or more persons
make claim for the whole or any part of the same
money, personal property or effects in the posses
sion or control of any other person. as ballee or
otherwise, and the right of any such claimant is