East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-01-25

owners of lands affected by said pro-
posed improvements upon which two.
thirds of the aggregate of assessment;
for benefits have been assessed after
hearing on remonstrance, the court
shall allow said petition. Upon court
journal order that the improvement
be made and affirm the assessment
made, which order shall state the
kind of improvement to be made, pro-
vided, that the improvement would
be of so great public utility and con-
venience as to justify the expenditure
from the county fund of a portion
of the expenses. II may order that
portion of said cost not exceeding
fifty per cent of the total cost of said
Improvement shall be paid out of the
county fund. Provided that in all
cases where, under the provisions of
this act, two or more roads shall be
in course of construction at the same
time, within four miles of each other
and in all cases where any road had
been constructed under this act and
another road shall be thereafter un-
der the provisions of this act con-
structed within four miles thereof,
the amount to be assessed against all
lands included within overlapping two
mile lines of each road, shall be equit-
ably determined by the county court.
upon the report of said viewers and
appraisers, to the end that such lands
shall pay only just and equitable
proportion Of the cost of constructing
each road.
Section 8. After the improvement
has been ordered and the assessment
confirmed, the court shall let the con-
tract for the construction Of the work
as a whole or in parcels as it may
deem best
Section 10. All work shall be done
under the supervision of the road
master of the county, or other com
petent person appointed by the court.
Section 1l-As soon as the contract
or contracts are let the county court
shall have access upon ali the lands
benefited. ratably upon the amount
Of benefits such sum as may be ne
cessary to pay for work and all costs
and expenses approved, and to ap-
prove, not exceeding the whole bene-
fits adjudged upon any one tract,
large. The county treasurer shall
execute non-taXable certificates which
shall certify the sum assessed against
each tract of land respectively and
the same is to be paid in ten equal
installments in 1, 2, 3, 4, 5, 6, 7, s, 9,
and 10 years from the date of certifi-
cate and the whole amount of certifi-
cate may be paid at any time by the
owner of the land against which the
| assessment Is made. Sucn certificate
shall bear interest at the rate of six
per cent per annum, interest payable
annually and II any installment is not
paid when due, the whole certificate
shall become due and payable, or he
may negotiate and sell such certificate
at not less than the par value there
Of
Section 12.-When the work is COM
pleted the said road master or super
intendent shall certify the same to the
county court, and the county court
II IL be satisfied from the report that
the work has been completed in all
respects in conformity with the plans
and specifications adopted shall issue
an order directing the county clerk to
| issue a warrant or warrants on the
county treasurer drawn on said road
| Improvement fund, which warrant
shall state whether the payment shall
be made in certificates of road inn
provements or money in favor of the
party or parties to whom compensa-
ton may be due for a contract or
contracts completed.
/
peared and filed a remonstrance be-
fore the county court shall be allowed
an appeal to the circuit court in like
manner as appeals are allowed to be
taken from the county court to the
circuit court: and on such appeal the
only question that shall be tried in
I, the circuit court shall be the question
raised before the county court by the
court or jury. If more than one party
appeals the same snail be consolidat-
ed and tried together, end the risA A'S
of each appellant separately deter
/ mined,
Sectiiccn l6.-No person shall be per-
/ mitted to take advantage of any err
ror committed in any proceeding to
lay out construct, or improve any
road under and by virtue of this
act, nor of any error of the county
| court, or county clerk, or county treas
urer, or engineer or surveyor or other
person or persons,
Section II. When any road to be I'M
i proved under and by virtue of this act
begins or terminates in any city or in
corporated town, the corporate au-
thorities of such city or town may,
upon the recommendation of the
county court, agree to pay in money
or in bonds of such city or town. an
amount not exceeding one-rlfth of the
entire cost of said road, in addition
to any amount that may be assessed
upon real estate of such city or town
by virtue of the provision of this act;
provided, that the entire tax to be
imposed for road purposes by virtue
|, of this action (act) shall not in an!
one year exceed fifty cents on the
800 of the taxable values of such city
, townlots or other real estate.
Section 1S-To continue any roat
the same proceedings shall be hat
such as petitions, bonds, viewers, ap-
, praisments and all such proceedings
, shall be had before the county cour
of the county in which such proposed
, extension Is located.
Section 20-This act is not intend