The Montgomery advertiser., 1907-03-16

cept in so far as may touch the in-
 terest or property of such person. or
 persons. and shall not avail any other
 person concerned therein. 5n case of such defect, supplementary proceed
 ings of the same general character as
 those hereinbefore prescribed may be
 had in order to supply such defect.
 Sec. II. That the owners of any real
 estate or any interest therein, which
 1t is proposed to assess for the cost, or
 any parS thereof, of said improvement,
 may appear at any time on or before
 the date named in said notice or at said
 meeting and file in writing with the
 city clerk in his office. any objections
 or defense to the proposed assessment
 against said property, or to the amount
 thereof, and persons who do not file objections in writing, or protests against such assessment, shall be held to have consented to the same. The
 mayor and aldermen shall hear and pass upon all objt ions and protests against the proposed assessment. under such reasonable rules and regulations as they may adopt, and the mayor and
 aldermen, by the mayor or other ex- ecutive officer. shall have authority to issue subponaes for witnesses to ap- pear before he mayor and aldermen, or any committee thereof and, to ad- minister paths to the witnesses to be examined and at such meeting, or any
 
 der or resolution to fix the amount or the assessment against each lot or tract of land described and included in said assessment roll, and all such as- sessments, from the date of such order or resolution, shall be and constitute a
 lien on the respective lots or parcels of land upon which they are levied, superior to all other liens, except those of the State and county for taxes. The mayor and aldermen of such city or town shall have power and authority to transfer and assign sucn liens to the | contractor or contractors, who made
 said improvement, or to any other per son. In addition to the method here matter provided for the collection of such assessments, the Chancery Court, or other court of like 5urlsdictiQn, shall have power to enforce said liens, and in all suits which may Je brought 1 to enforce said liens either by the ! mayor and aldermen or is assigns, the complainant shall recover the amount of such assessment, with interest there on, and the cost of such proceedings.
 The enforcement by the State, county, city or town of It's lien for taxes on any lot upon which has been levied for
 any improvement authorized by this act shall not operate to discharge OF in any manner effect the Len Of the municipality for said assessment, but a purchase at tax sale py the State, county, city or town of any lots or par ce.s of lands upon which an assessment has been levied, shall take the same subject to such assessment. Nor shall the enforcement by the municipality of ] its lien for an assessment levied Tor one improvement, by the sale of the property, operate to discharge or in any I way affect the lien of any other as- sessment for a different improvement on the same property but the. purchaser at such sale shall take subject to the lien of all other assessments, and the right of the municipality to enforce the same.
 Sec. 12. That any person aggrieved by the decision of the board of mayor
 and aldermen In making any assess
 ment ,may within twenty days there- after appeal to tue Circuit Court, or any other court of like Jurisdiction,
 upon executing a bond In double the amount of such assessment and the
 probable cost of the appeal. The amount of such bond shall be fixed, and the sureties thereon shall be approved, by the mayor and the said bond shall be conditioned to prosecute said ap- peal to effect and to pay She city or town any judgment that tue circuit or other court may render. and all damages that any person may sumer by such appeal. Said appeal shall be
 docketed in said court, and shall be | a preferred case therein. Upon the l filing with and the approval of the appeal bond by the mayor. the clerk, upon notice thereof, shall immediately send to the clerk of the Circuit Court,
 or other court to which the appeal may
 be taken, transcript o; all the pro-
 ceedinRs of the mayor and aldermen,
 relating to such assessment, so far as
 the same concerns the property of
 such appellant; such transcript shall
 contain a description of the property
 pfx
 be described as accurately ts may be
 according to the map of the city or
 town in common use, if there be such
 man; the name of the owner or owners
 of such property, and the amount or
 inc assessment. Upon hearing such ap-
 peal, the introduction of such transcript
 and papers shall be prirna facie evil
 dence of the correctness of such as-
 sessment and that said property and
 persons are justly indebted to the city
 or town, for the amount or the said
 assessment; said cause may be tried
 on the record, without other pleadtngs,
 and the court shall hear all the obJec-
 tions of the property owner or owners,
 to said assessment and the amount
 thereof; and shail determine whether
 or not such ast -ssment exceeds the in-
 creased value of such property by req
 son of the spec al benents derived from
 the improvement and shall render
 judgment accordingly. If, on the hear
 ing of such appeal, 1t sha appear that
 by reason of any techntcat irregular
 ity or defect in the proceedings the
 assessment has not been properly made
 against the lot or parcel of land sought
 to be charged, the court may, nev-
 ertheless, on application Of the city or
 town, upon satisfactory proof that eX-
 pense has been incurred which is
 proper charge against the lot or land
 in question, render Judgment for the amount properly chargeapIe against
 said lot or land; but in such eases the
 court shall make such order for the
 payment of the costs as may be deem
 ed proper An appeal may be taken to
 the Supreme Court of Alabama by any
 person interested in said property,
 from the decree rendered by the said
 court within thirty days flLln the date
 of such decree, upon giving bond for
 costs of appeal or If supersedeas be
 desired, upon giving further bond in
 such sum as the judge or said court
 may prescribe, payable 10 the city or
 town with sufficient sureties. to be ap-
 proved by the clerk of sad court, con- ditioned to pay such juugment or per
 form such judEmenU or decree as the supreme Court rady render in the prem
 ises, and all such costs and damages as the city or town may have sustain
 ed # the judgment is affirmed. Such apDeal shall be heard upon the record and bill of exceptions reserved by the marty taking such appeal, setting out such of the evidence as a.ay be ueces- sarv to a fair pre -cntation Of the case,