New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

was not sNen, or That the piece or parcel
bidder VINO would pay the amount fol
which the piece or parcel was to be sold
nor unless the action in which the validity
brought. or the defense alleging it's invalid.
| ity be interposed within three (3l years
after the date of the sale, and If any sale
| shall be set aside by reason Of any defect
in the proceedings subseuuent to the entry
| of Judgment the court SO setting aside the
| sale shall nave power in such case to or
! der a new sale, to be made as near as
of this act. If in any action in which the
validity of a deed or certificate OF sale is
sued under this act is brought in question
shall be set aside, the party holding such
| deed certificate of sale shall recover
from the city the amount paid by the pur,
! chaser at the sale, or by the assignee OF
the city on taking an assignment certificate
| with interest at the rate of seven ~ per
| cent per annum from the date OF such pay,
ment. Such amount shall be paid out OF
the city treasury. upon the order Of the
common council of said city. Such proceed
ings shall not operate as payment or
cancellation OF any assessment included III
originally assessed against the property and
with all accruing interest, penalties and
costs. All deeds referred to in this chap
ter shall be admitted to record without pay
ment of taxes and without the county audi
tors certificate that the transfers have
been made.
Sec 56. Amy change made in the in
cumbent Of the Office Of the city treasurer,
or of the commissioner. of public works,
during the tendency of any of the proceed
ings provided for in this act shall not
operate to affect or delay the same but
the successor or successors in office OF
such city treasurer or commissioner OF pub
lie works shall be authorized to do all acts
necessary to complete such proceedings the
same as if the predecessor had continued
in office.
In case of vacancy occurring in the Of
flee of the city treasurer the proceedings
shall be prosecuted by the comptroller until
such vacancy shall be filled by election or
otherwise. "
Sec. 81. All sales of property for. the
non-payment Of assessments PROVIDED 1or IN
this act shall be made in the day, time It
property to be sold is situated. at the time
and place stated in the notice of sale pre-
scribed in sections forty,six (4Sl ana forty H,,
the whole is completed.
Sec IS. The city treasurer or other Of
ticer who shall in any case refuse or know,
ingly neglect to perform any duty enjoined
upon him by this act, or who shall consent
to. or connive at any evasion OF its pro,
visions whereby any proceeding required
every such neglect or refusal be liable to
said city individually and upon his official
bond for double the amount of loss or dam
age caused by such neplect or refusal, to
ing jurisdiction of the amount thereof.
Sec. 80. No error or omission which may
be made in the order or in the proceedings
of the common council, or of the commits
sioner of public works, or Of any of the
officers of the city in referring, reporting
upon, ordering or otherwise acting concern
ing any local improvement provided for in
this act, or in making any assessment
therefor. or in levying or collecting such as
sessment, not affecting the substantial JUS
tice of the assessment ITSELF shall vitiate
or in any way affect such assessment. The
reports of the city treasurer and assess
ment warrants held by him referred to i'll
section forty-one (4D of this act, shall be
prima face evidence that the proceedings
up to the date of such warrants were valid
and regular, and the certificates of sale Is
sued as provided for in this CHAPTER shall
be prima face evidence of the validity and
legality of all proceedings up to the date
of such certificate. The assessment war
rant shall also be prima facie evidence in
any proceeding in which the validity of
condemnation proceedings is questioned,
that all proceedings as to the condemnation
of such land up to the date Of the warrant
were valid and regular.
Sec. 60. No purchaser Of lands or lots,
or other property sold for assessments, or
his heirs or assigns shall be entitled to
deed until he or they shall have paid
all assessments made thereon prior and
subsequent to the assessments under Whlch
such purchase was made. The amount or
all such prior and subsequent assessments
so paid by such purchaser. his heirs or
assigns and all moneys paid by such pur-
chaser, his heirs or assigns to redeem the
ment shall be Il lien on the premises in his
favor, and the amount thereof with interest
at twelve 12) per cent per annum snail
from the time of such payment or redemD-
ton he refunded to such purchaser or be
paid to the treasurer of the city for the
use of such purchaser. his heirs or assigns
by the owner or person entitled to redeem,
before any redemption shall be made. eX-
cent as prOyided in the section next follow
ing. a-.
Sec. 81. After any real estate shall have
been bid in or struck off to the city, said
city may enter upon such real estate and
take possession thereof and by it's treasurer
rent the same until the rent shall pay the
amount due on such special assessment, III
terest, penalties and costs.
Provided however, that if any lot or
parcel of land so struck off to said city
shall be again sold for like assessments
while the said city holds it's title as pur-
sold to any purchaser except said city for
less than the amount actually remaining
unpaid on the preceding assessment as
we'll as such subsequent assessment, with
interest aforesaid at the rate Of twelve az
per cent per annum.
Sec. g. All judgments rendered under
this act upon said assessments shall bear
interest at the rate of twelve l2l per cent
per annnm from the date thereof until paid.
Sec. G3. The city treasurer of the city
may at any time before or after the time
VI redemption LIS .eAplfe uSSlgu any GER
tificate of sale of property so bid in by the
city as aforesaid to any person by indorse-
ment thereon after payment by such person
into the city treasury of. the amount for
with the amount of any prior assessment
with interest thereon at the rate of twelve
per cent per annum and costs, and such
assignee shall have the same right and
the same originally at the sale and shall
be entitled to a deed as in other cases;
provided, that after the expiration of the
time of redemption of any certificate of
mrcdcened. the mayor. committee of ways
and means Of the council comptroller and
city treasurer or majority thereof may
authorize the city treasurer to sell, assign
to any such certificate for such sum or
price as to them may appear for the best
interests of the city.
Sec. 64. In all cases where local i'm
provements Of the nature provided for in
this act have heretofore been made or
wholly or in part completed by any of
whether application for Judgment for an
assessment or reaSSeSSment of benefits to
pay for the same has been denied by the
court in whole OF in part, for any cause
whatever. whether jurisdictiona or other
wise, or if any assessment Or reassessment
for any improvement within the Durview
of this act which shall be pending at the
city, within its provisions shall hereafter be
denied by the court in whole or in part for
any cause whatever. whether juristilctional
or otherwise, or If Judgment shall here
after be denied by the district court as to
any assessment or reassessment for any
Improvement provided for in this act
which shall hereafter be made. the
upon notice thereof by the city treas
urer, proceed without unnecessary delay to
make reassessment or new. assessment
of benefits upon lots. blocks and parcels of
land which have been or will be benefited
by such Improvement to the extent of their
proportiouate share of the costs and ex-
penses thereof as near as the same can be
ascertained by the said commissioner, and
such reassessment OF new assessment shall
be made by said commissioner as near as
at the time such reassessment is made. and