The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1901-05-15


pose of laying out, establishing OF
widening the streets or alleys in the
matter in which such benefits are as
sessed and for the payment OF ex-
penses incurred by the city for sur
veying, advertising and viewers In
said proceedings.
Sec..on II. me owner or owners
of any lot or part thereof or Of any
lands sought to be appropriated as
aforesaid or Of the improvements
thereon or any person having an in
terest therein or any person against
whom an assessment of benefits has
been made may appeal to the circuit
court Of the state Of Oregon for the
county OF Baker from such report and
assessment Of damages and Dement'S.
Any number of persons may join In
such appeal, and the only question to
he determined by such appeal shall be
the question Of the excess Of damages
over benefits and the excess Of bene-
Ats over damages suffered and re-
ceived by each person Joining In such
appeal.
Section 7S. An appeal shall be taken
nv serving notice Of appeal within
twenty days from the adopting OF the
report Of the viewers by the council
upon the mayor or recorder OF the
city and filing an undertaking with
one or more sureties, who shall Justify
In the same manner as bail upon ar
rest in civil action. conditioned that
the appellants will pay all costs and
disbursements that may be awarded
ngninst them on appeal, not exceeding
5000. together with the proof Of SER
vice OF such notice. in the Office Of the
county clerk Of said county.
Section 70. The city shall be con-
sidered the plaintiff. and such appeal
shall be conducted and be heard and
determined and the judgment thereon
be enforced as far as practicable In
the same manner as an action at law.
The verdict Of the Jury shall be a
final and conclusive determination of
such assessment.
Section 80. II the appellants or any
OF them fail to recover greater dam
ages or to secure more favorable
assessment of benefits. as the case may
be, tnan were assessed by the viewers.
judgment shall be rendered against
each Of them and their sureties, on
the apepal bond for their proportion
Of the costs of such appeal. to be paid
pro ratio. according to the amount Of
damages and benefits assessed.
Section 81. The same fees and costs
shall be taxed and paid upon such ap-
peal as are allowed in other actions.
Section 80. The council shall, at the
expiration Of the time limited for ap-
peal II no appeal be taken, or i'm
mediately after judgment Is rendered,
II any appeal be taken, make an appro-
priation for the amount Of damage or
damages and costs, as the case may be,
assessed by such viewers or by the jury
on appeal against the city. and shalt
order warrants drawn on the treas
provided Tor that purpose, for the
amount OF damage or damages and
costs assessed to the owner or owners
or other parties interested in each
lot or part thereof. or of the improve
ments thereon in favor of the owner or
owners or other persons in interest,
and rs soon thereafter as the full
amount o. such appropriation shall
be in the city treasury subject to such
warrants, and the warrants therefor
drawn ready for delivery to the parties
entitled to the same. such property
shall be deemed appropriated for the
purpose of such street or alley. and
not otherwise; provided. that no pro-
cess Of anv court shall Issue to compel
any Appropriation for damages or the
issuing Of warrants for the same. And
that unless such appropriation shall
be mate, and said warrants so drawn
and ready for delivery. and the full
amount of such Appropriation shall he
IN the CITY treasury subject to the pay