The Montgomery advertiser., 1907-08-29

by the lower court, interest thereon and ten per centum damages for delay. The city or town may also appeal from any judgment of the said circuit court, or other court without giving bond, and all appeals taken pursuant to this act shall be preferred cases in the Su- preme Court. In tho event the final Judgment is rendered in favor of the city or town. execution may be issued thereon againsi the principal and sure ties on tho appeal bond, unless the amount of the judgment Is paid within five days of the date of such Judgment. and the court shall by further order adjudge that the property assessed be sold to satisfy such judgment Noth- ing contained in this section shall oper- ate to release or discharge the lien on such property until the assessment is fully paid. s
 Sec. 134. It shall be lawful for the council. in ordering any local imporve- ment, the cost of which or any part thereof, Is to be assessed against the property abutting on any street, ave- nue. alley. highway or other public place so improved or area drained by such sewer or sewers, to provide that the same shall be paid in cash within thirty days after the final assessment. provided that the cost of such improve ment does not exceed one thousand dollars, but If the total cost of said im- provement is greater than such sum. any property owner may, at his eiec- tion, to be expressed by notifying the city official charged with the duty of collecting such assessments In writing within thirty days after the assess ment is made final, pay the said assess ment in ten (10) equal annual instail-, ments which bear interest at not to exceed eight per osptum (s per cent.) per annum, payable annually any person may pay the whole assessment against any lot or parcel of land with in thirty days from the time the as- sessment is made; and he shall have the right at any installment Period to pay the assessment in full. by paying the full amount of the fnstallments, together with all accrued interest at eight per centum (S per centum) per annum on the amount of said assess ment so paid before maturity as pen- atty; should the property owner desire to pay off the deferred instaliments between the dates on which they are due, he shall pay interest on same un- til the succeeding instaliment period. and together with the penalty above described. The first installment shall be payable within thirty days after the assessment is made final. and all as- sessments. or installments thereof, shail be payable at the office of the clerk, tax collector or treasurer of the city or town, as the council may prescribe. and all assessments or installments thereof shall bear interest at not ex- ceedinE eight per centum ts per centum) per annum after the expira- ton of thirty days from the date on which the same is made final which inerest shall he due and payable at the time and place the assessment or instaIlment Is due and payable In all cases where the property owner does not elect to pay in installments' ,, or having neglected to pay in install : ments. fails to pay the first installment in thirty days from the date of as- sessment, he shall be held to have waived the right to pay in instali-
 nents. and the entire assessment shall at the expiration of said thirty days become due and payable.
 Sec. 135. If the property owner who has not elected to pay his install- ments fails to pay his assessment within thirty days or having elected Id uay in fnstallments, falls to pay the hrst installment in thirty days from the date of the assessment or make de- fault in the payment of any annual in- stallment, or the interest thereon, the whole of such assessment shall imme- diately become due and payable. and LnG OIAC&E QSBAkuMlSu OJ slAG NOAhCAA to collect such assessment shall pro~ ceed to sell the property. against which the assessment 10 made, to the high est bidder for cash, but he shall first give notice by publication once a week for three consecutive weeks in some newspaper published in the city or town of general circuiationf therein, the date and time of such sale, and the purpose for which same is made, together with a description of the property to be sold. But any property owner, notwithstanding his default, may pay the assessment with interest and all costs, if rendered before the sale of the property. The cost of such advertisement and sale shall constitute a charge against the property to be sold and shall be retained out of the proceeds of the sale. Ana the officer making such sale shall execute deed to the purchaser which shall convey all the right, title and interest which the party against whose property the as- sessment was made. had or held in said property at the date of making such assessment, or of the date of making such sale. Any surplus arfs- ing from such sale shall be paid into said city treasury to be kept as a sur plus fund by the treasurer for the owner upon the responsibility of his oficial bond. The council may by it's agent purchase real estate sold as pro- vided under this section, and in the event of such purchase. the deed for same shall be made to the town or city. Such property may be redeemed by the owner. or his assigns or other person l authorized to redeem property sold for taxes by the State of Alabama within two years from the date of the sale. by paying to the purchaser, or the city treasurer for him the amount for which
 the property was sold with interest thereon at the rate of fifteen per centum l (15 per centnm) per annum from the date of sale, together with a fee of two dollars for the expense of a convey ance. No mistake in said publication 1 in the description of the property or | in the name of the owner, shall vitiate | the assessment or the lien and if for
 any reason the sale made by the city
 or town shall be intellectual to pass
 title. 1t shall operate as an assign l ment of the lien, and upon the request
 of the purchaser supplementary pro- 1 ceedings of the same general charac- l ter. as herein required. may be had to ! correct the error in said proceedings | for his bene.t or the lien so assigned | to him may be enforced in equity.
 Sec. 136. For the purpose of provid- | ing funds to pay the cost of any i'm | provement authorized to be made un- 1 der the provisions of this act, the Coun
 cil of any city or town. may. before the
 contract is let for such improvements, 1 Issue bonds within the limitations pre- i scribed by the constitution. in such amount as may be necessary, not to | exceed the total cost of the improve
 ment as estimated by the engineer, or | other person appointed by the city or | TouyN ka Fna1ra ft,o ntra rxy