The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-09-11

come due ana payable, ana whfn 20
declared all such installmenis may BE-
collected 1T the same time and N the
same manner as In ease u the FIRST
installment then overdue Or said re-
manning unpaid instalIments may be
collected at one time by suit 10 the
circuit court of the State of Oregon
for Clatsop County, IN which suit
the person owning the property upon
which the unpaid installments for any
one remaining due may be joined ~
parties defendant.
I Whenyer any special assessment
shall be adjudged illegal or invalid for
any reason or in case there shall have
been failure 10 assess the cost OF
any Improvement upon the lands pro.
pcrly chargeable herewith the Com
mission shalt have power 10 cause a
new assessment 10 be made for the
same purpose for which the former
assessment was made All the pro.
cecdings for such rc.assessment and
for the collection thereof shall be con
Quoted in the same manner as proyi-
dcd for the original assessment and
whenever any sum or any part there
of levied Upon any premises in the
assessment so set aside, has been
paid and not refunded, the payment
so made shall be applied upon the
re-assessment upon such premises
and the re e.asscssment shall be 10 that
extent satisfied No judgment or de-.
cree Of any court, nor any act Of the
Commission vacating special assess
ment shall destroy or impair the lien
fof the City upon the premises assessed
for such amount OF the assessment az
may be equi,ably charged againt the
same or as by regular assessment
made Of proceedings might have been
lawfully assessed thereon; and proyi.
ded further that in case Of any irreg
ularity OF any Of the proceedings for
the filling in or reclaiming Of any dis
trict or the leyying Of the assessment
to dcfray the costs and expenses
thereof, whether such irregularities
be jurisdictional or otherwise the City
oi Astoria shall have power 10 bring
suit IN the Circuit Court Of the State
Of Oregon for Clatsop County against
the owner or owners Of the lot or
lots. block or blocks, or parcel or
parcels Of land, including water iron.
tage, rights OF way or franchises upon
which the cost OF such improvement
might or could have been charged or
imposed and which were benefited
thereby, which said lands, lots and
premises and water frontage and
rights OF way and franchises shall in
cludc all lots, lands and premises. wa
ter frontage, rights Of way and fran
chIscs within the reclamation district
and recover the proportion OF the
costs OF such improvement from each
OF said lots, lands and premises, wa.
ter frontage, rights Of way and fran
chises benefited by such improvement
according to the benefit resulting 20
each from the improvement In any
such suit so instituted, all persons
whose property is or would be so
liable for the payment of any such
proportion OF the assessment afore-
said shall be joined as parties deien
dant in one suit and the judgment
rendered therein shall be a several
judgment in rem against each 81 said
lots or parcels Of land and water iron.
tage, right OF way or franchise owned
by each OF the several defendants for
its proportion Of the cost Of the inn
provement, and the costs and dis.
bursements and the lien thereof shall
be decreed upon the premise, The
general laws OF the State Of Oregon
governing suits in equity, service OF
summons, and other process shall ap-
ply 10 any such suit.
Section 10. The docket Of City
liens in which such assessments shall
be entered and all other records OF
the Commission, shall be deemed pub.
lie writings and the originals or GER
tilted copies OF the same or any part
thereof shall be entitled to the force
and effect thereof, and from the date
OF the entry OF an assessment upon a
lot or part thereof, tract or parcel OF
land, water frontage or right OF way
or franchise, the stnn so entered is
to be deemed lien thereon which
said lien shall have priority over all
other liens or ineunberances thereon
whatsoever.
Section III. For the purpose Of
scertaining who is the owner Of any
lot or part thereod, parcel or tract OF
land, including water frontage, right
of way or franchise assessed for I'll
ling in or retaining the same, inclu-
ding the streets and intersections
thereof, the Secretary OF the Sanitary
and Reclamation Commission shall
take the certificate of the County
Clerk of Clatsop County stating who
is the owner thereof at the date OF
the resolution ordering the assess
rnent, as may appear from the records
Of deeds of said County, which certi-
fcate such County Clerk is authorized
and required TO give when demanded
to give the same by the Secretary of
the Commission
Section l78, A sum Of money SO
assessed for reclaiming or filling in
any district cannot be collected until
by order Of the Commission, ten days
notice thereof is given by the Secre-
tary thereof, Republication in a daily
newspaper published in the City OF
Astoria, Such notice must contain
the number. Of the assessment roll,
a brief description of the district filed