The Birmingham age-herald., 1907-03-16

| upon notice thereof. shall Immediately send to the clerk of the Circuit Court. or other court to which the appeal may be taken, q transcrlp of all the pro- ceedings of the mayor and aldermen,
 relating 10 such assessment, so far as l the same concerns the property of such appellant; such transcript shall contain q description of the property of such party or parties, the same to | be described as accurately as may be according to the map of the city or
 town In common use, if there be such map; the name of the owner or owners 1 of such property and the amount or | the assessment Upon hearing such ap- peal the introduction of such transcript | and papers shall be prima facie evi- denee of the correctness of such as | sessment, and that said property and
 persons are justly indebted to the city ! or town for the amount of he said | assessment; said cause may be tried
 on the record, without other pleadings
 and the court shall hear all the objec- | tions of the property owner or owners | to said assessment and the amount | thereof and shall determine whether 1 or not such assessment exceeds the in | creased value of such property by req | son of the special benefits derived from | the Improvement and shall render l judgment accordingly. If. on the hear | ing of such appeal 1t shall appear that | | ity or defect in the proceedings the assessment has not been properly made | against the lot or parcel of lan1 sought l to be charged the court may. never | theless on application of the city or | town, upon satisfactory proof that eX- l pense has been incurred which Is a
 proper charge against the lot or land i in question, render judgment for the
 amount properly chargeable against | sad lot or land but in such case the | court shall make such order for the | payment of the costs as may be deem
 ed proper An appeal may be taken to l the Supreme Court of Alabama by any
 person interested in said property, l from the decree rendered by the said l court, within thirty days from the rate | of such degree rendered by the said | court. within thirty days from the date
 of such deere, upon giving bond for | costs of appeal, or If supersedeas he | desired, upon giving further bond in 1 such sum as the judge of said court may prescribe, payable to the city or
 town with sufficient sureties, to be ap- proved by the clerk of said corut, con- ditioned to pay such judgment or per- | form such judgment or decree as the l Supreme Court may render in the prem | ises. and all such costs and damages
 as the city or town may have sustain | ed if the judgment is affirmed. Such
 appeal shall be heard upon the record -and bill of exceptions reserved by the party taking such appeal, setting out 1 such of the evidence as may be neees- 1 sary to a fair presentation of the case l and must be affirmed or reversed as may seem proper to the Supreme Court
 In the event a supersedeas bond has
 been given and the said case is af- | tirmed by the Supreme Court 1t shall ! add to the judgment rendered by the 1 lower court interest thereon and ten
 per centum damages for delay The | city or town may also appeal from any 1 decree of the said Circuit Court, or | other court, without giving bond; and
 all appeals taken pursuant to this act l shall be preferred cases in the Su- | preme Court. In the event n final | judgment Is rendered in favor of the city or town, execution may be issued thereon aglnst the principal and sure ties OF the appeal bond unless the amount of the judgment or decree is paid
 within five days from the date of such judgment, and the court shall, by further order, decree that the property assessed be sold to satisfy such judg- mont. Nothing contained In this sec tion shall operate to release or dis charge the lien on such property, un- less the assessment Is fully paid.
 Sec. 13. That It shall be lawful for
 the mayor and aldermen when ordering
 any local improvement, the cost of
 which or any part thereof, is to be
 assessed against the property abutting
 on any street, avenue, alley, highway
 or other public place so improved or | drained by such sewer or sewers. to
 provide that the same shall be paid in
 cash within thirty days after the final assessment provided the cost of such
 improvement does not exceed one thou sand dollars, but If the total cost of said ! improvement is greater than such sum, | l to be expressed by notifying the city official charged with the duty of
 collecting such assessments in writing | iwthn thirty days after the assess ment is made final, pay the said assess ment in ten d0) equal annual install ments, which shall bear interest at not exceeding eight per centum (S per cent um) per annum, payable annually. Any person may pay the whole assessment against any lot or parcel of land within thirty days from the time the assess ment is made; and he shall have the right at any instalment period to pay the as- sessment in full by paying the full amount of the installments, together with all accrued interest thereon, and upon the payments of an additional sum equal to six months interest at eight per centum (S per centum) per annum on the | amount of said assessment so paid be- fore maturity as a penalty should the property owner desire to pay off the de- ferred installments between the dates on which they are due. he shall pay interest on the same until the succeeding install ment period, and together with the pen alty above described. The first install | ment shall be payable within thirty days | after the assessment is made final, and all assessments or installments thereof | shall be payable at the office of the clerk, tax collector or treasurer of the city or town, as the mayor and aldermen may prescribe. and all assessments of installments thereof shall bear interest at not exceeding eight per centum 8 per centum) per annum after the expiration of thirty days from the date on which the same Is made final; which interest shall be due and payable at the time and place the assessment or lnstallment Is due and payable. In all cases where the I property owner does not elect to pay fin
 installments, or having elected to pay in
 installments fails to pay the first fn-
 stallment in thirty days from the date of the assessment, he shall be held to
 have waived the right to pay in install ments and the entire assessment shall al
 the expiration of said thirty C30 days be-
 come due and payable.
 Sec IA. That if the property owner
 who has not elected to pay his install
 ments, fails to pay his assessment within
 thirty (3O) days, or having elected to pay
 in installments, fails to pay the first ln-
 stalment in thirty .(30) days from the
 date of the assessment or make default
 in the payment of any annual instalment
 rthe interest thereon. the whole of such
 assessment shall immediately become due
 and payable, and the officer designated | Lr, tla aldarn1qn a n