Daily capital journal. (Salem, Oregon) 1903-1919, 1912-11-09

nance above provided for It hall be
entered In the docket Of city liens and
shall be enforced and collected in the
same manner that other ASSESS
ments for local improvements are en-
forced and collected under this char
ter and the laws of the city Of Salem
All sums paid upon the original as
sessment shall be credited to the
property on account Of which the
same were paid as OF the date Of such
payment. And all applications to pay
said assessments In installments and
authorize the issuance of bonds un-
der the Bancroft act shall be deemed
to apply to such re-assessments as of
the date of the filing Of any such ap-
plicatlon.
Whenever an attempt has been
made TO sell property under any as
sessment and such sale Is found or
declared to be void, upon the making
Of the re-assessment the property shall
bo resold and the proceeds Of such
sale shall be paid to the purchaser at
the former void sale or his assigns.
No proceedings shall be instituted
for making a re-assesment under the
provisions of this subdivision unless
the resolution directing the same shall
be passed within ten (10) years of the
passage of the resolution or ordinance
declaring the notice of intention for
the making Of the original work, i'm
proVement or repair.
Section A.. Any person who has
filed objection to such new ASSESS
ment or re-assessment, and who may
not have been satisfied by the amend
ments made by the common council
or by the hearing granted such per-
son, may appeal to the circuit court
Of the state of Oregon, for the county
Of Marion, from the re-assessment
against any property owned by him
or In which he has an interest.
An appeal may be taken by serving
notice Of appeal within twenty (2O)
days from the passage Of the Ordi-
nance adopting the re-assessment as
amended and modified by the common
council upon the mayor, city recorder
or city attorney and filing the same
with proof Of service together with
an undertaking with or more
suretles who shall have the %qualifca-
tons Of sureties on appeal from the
circuit court to the supreme court. II
such sureties are excepted to by the
city they shall justify as sureties on
undertakings of appeal from the cir
cult court to the supreme court. Said
undertaking shall be conditioned that
the appellant shall pay all costs and
disbursements that may be awarded
against him on appeal, not exceeding
five hundred C$5OO) dollars. Said
bond and notice of appeal she'll be
filed within twenty (20) days from the
service of such notice in the office of
the clerk OF said circuit court togeth-
er with a copy of the re-assessment
ordinance So far as the same affects
the property Of the appellant. Any
number Of persons affected may join
in such appeal and the only question
to be determined therein shall be the
amount Of special and peculiar bene-
fits equitably to be assessed against
the property Of each person joining in
said appeal. The jury shall view the
property r~e-assessed and its verdict
shall be a final and conclusive deter
mination of the question. On such APP
peal the fact that one called as a Juror
may be a taxpayer of the city of Sa-
lem, Oregon, shall not dlsqualify him
from acting as juror. The city shall
be considered the plaintiff and such
appeal shall be conducted, heard and
determined as far as practicable, in
the same manne as an action at law.
If the amount assessed by the Jury
against any appellant be not less than
that fixed in the assessment appealed
from, the judgment in addition to de-
claring the assessment found shall be
entered against such appellant and
his surotles for his proportion Of the
costs Of such appeal. The same fees
and costs shall be taxed and paid upon
such appeal as are allowed in other
actions.
Passed by the common council this
2Sth day Of october, 1912.
Attest: CHAS. f, ELGIN,
City Recorder.
Approved by the mayor this 2Sth
day Of october, 1912.
j.. d. WARING,
Acting Mayor.
The title of the foregoing bill on the
official ballot together with the num-
Der is as follows:
Charter Amendment Submitted to the
Voters by the Common Council
Number Four.
Shall Section 6 of the charter Of the