The Montgomery advertiser., 1907-08-29

said municipality or of general cir culation therein. that assessment roll or list has been delivered to him and Is open for inspection in the office of the person authorized to make collec- tion of said assessments, and at time and place therein mentioned, not less than twenty days from the date of pub- lication the Council will meet to hear and determine any objections or de1 fense that may be filed to such assess ments or the amount thereof. said no- tice shall also state the general char acter of the improvement, the terminal points thereof and the streets, ave- |. nues, alleys or other highways, or DOT tions thereof. along which the im- provement has been constructed. and if the improvement made consists of sanitary or storm water sewer or san itary or storm water sewer system,
 said notice shall also describe the ter
 ritory or area drained by said sewer or sewers, by naming the streets, ave- nues. alleys or other highways or other l lines, by which said district is bound | ed. If there be defect in said no- | tice, or proceedings before or subse- quent to said notice. with respect to one or more interested persons, the l same shall not affect said notice or proceedings, except in so far as 1t may touch the interest or property of such ] person or persons. and shall not avail | any other person concerned therein. l In case of such defect. supplementary 1 proceedings of the same general char | acter as those hereinbefore prescribed. may be had in order to supply such de- 1 feet.
 | Sec 132. The owners of any real es- 1 tate, or any interest therin. which 1t | Is proposed to assess for the cost, or l any part thereof, of said improvement l may appear at any time on or before l the date named in said notice. or | at said meeting and file, in writing. | with the clerk or in his office, any ob- jections or defense to the proposed assessment against said property, or I to the amount thereof, and persons who | do not file objections in writing, or | protest against such assessment. shall | be held to have consented to the same. | The council shall hear and pass upon l all objections and protests to the pro- posed assessment. under such reason- | able rules and regulations as they may | adopt, and the council by the mayoror | clerk or other executive officer. shall l have authority to issue subpoenas for I witnesses to appear before the council | or any committee thereof. and to ad- l minister oaths to the witnesses, to be | examined, and at such meeting or any l adjourned meeting, shall proceed by 1 order or resolution to fix the amount | | tract of land described and included l in said assessment roll. and all such l assessments from the date of such or- | der or resolution shall be and constt- 1 tute a lien on the respective lots or l parcels of land upon which they are | levied superior to all other liens ex- | cept those of the State and county for l taxes. The council of such city or l town shall have power and authority | to transfer and assign such liens to i the contractor or contractors who | made said improvements, or to any l other person. In addition to the meth i cd hereinafter provided for the collee- | ton of such assessments, the chancery | court or other court of like Jurisdiction l shall have power to enforce said l liens and in all suits which may be
 brought to enforce said liens. either by | council or it's assigns, the complainant | shall recover the amount of such as- | sessments with interest thereon, and | the cost of such proceedings. The en- I forcement by the state, county( city or il town of its lien for taxes on any lot | upon which has been levied an assess l ment for any improvement authorized l by this act shall not operate to dis l cimrge or in any manner affect the l lien of the municipality for said as-
 sessments, but a purchaser at tax I sale of the state, county, city or town, I of any lot or parcels of land on which l an assessment has been levied, shall l take the same subject to said assess | ment. Nor shall the enforcement by | the municipality of its lien for an as- | sessment levied for one improvement
 by the sale Of the property operate to
 discharge or in any way affect the lien 1 of any other assessment for differ- l ent improvement on the same property, | but the, purchaser at such sale snall l take subject to the lien of all other
 assessments and the right of the l municipality to enforce the same.
 Sec 133. Any person aggrieVed oy | the decision of the council in making I any assessment. may within twenty | days thereafter appeal to the circuit | court or any other court of like 1uris-
 diction, upon executing a bond in dou- | ble the amount of such assessment and
 the probable cost of the appeal The
 amount of such bond shall be nxed ana 1 the sureties theron shall be approved
 by the mayor and the said bond shall I he conditioned to prosecute said appeal | to effect and pay the city or town any l iudernent that the circuit court or oth- | or court may render, and all damages | that any person may suffer by sucn
 appeal Said appeal shall be docketed
 in said court and shall be preferred | case therein Upon the filing with, and
 
 mayor, the clerk, upon notice thereof, 1 shall immediately send to the clerk or
 the circuit court, or other court 10
 which the appeal may be taken, a | transcript of all the proceedings Of the council relating to such assessment l so far as the same concerns the prop
 erty of such appellant: such transcript | shall contain description of the prop 1 erty 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, there pc l such map, the name of the owner or l owners of such property and the l amount of the assessment. Upon near | ing such appeal, the introduction or | such transcription and papers shall be
 nrima facie evidence of the correctness
 of such assessment and that said prop
 erty and persons are justly indebted to
 the city or town for the amount of
 said assessment; said cause may be
 tried on the record, without other
 pleadings, and the court shall hear all
 the objections of the property owner
 or owners to said assessment and the il amount thereof, and shall determine
 whether or not such assessment ex-
 eeeds the increased value of such prop
 ertv by reason of the special benefts
 derived from the improvement and
 shall render Judgment accordingly.
 lion the hearing of such appealit shall
 appear that by reason of any technical
 irregularity or defect in the proceed [ mt h6en