The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1917-03-16
CEMENT SIDE WALK ON
WASHINGTON AVE.
IS ASKED FOR
Continued FROM First Page.)

the property AUDITING on said side
walk constructed under the. pro-
visions Of this ordinance.
SECTION 4. Be it ordained by
the authority aforesaid,
That if any person or persons
owning property in said city abut-
ting on said sidewalks so improved
shall fail or refuse to pay to the
Clerk of the Mayor and Council his
pro rata part of the cost thereof, as
provided in the last preceding Sec
ton, at the expiration of the thirty
days after the giving or mailing of
the notice provided in said last pre-
ceeding Section, the Clerk of the
Mayor and Council will be authoriz-
ed to issue execution against such
property owner Or owners for his
or their full pro rata part of the
cost of sucn improvements Said
execution will bear test in the name
of the Mayor OF said city, and speci-
f. the improvements for which it
is issued. 1t shall be issued against
the owner and also the property
abutting upon the sidewalk so inn
proved, and will be a lien against
sucn property from the date of the
order or ordinance providing or
authorizing such improvements,
and will draw interest at the rate
of seven per cent. per annum from
the date on which it is issued. Said
execution when so issued shall be
entered upon the execution docket
of the Superior Court as other exc
BUTTONS from other Courts are en-
tered, and shall be delivered to
the marshal of said city, who shall
execute the same by levying and
selling the property described there
in for the amount due, together
with all cost that may accrue there
on. The law applicable to sales UNI
der other executions issued by said
city shall apply as to the levy. no
tice, advertisement and sale made
under said execution, and said mar
shall shall have authority to exc
cute deeds when the property IS
sold, and deliver the immediate pos
session thereof to the purchaser.
SECTION 5. Be it further or
dained by the authority aforesaid.
That should any defendant in
such execution, or the owner of any
property on said sidewalk so i'm
proved, desire to contest the amount
Of the cost Of such assessment, the
legality of the proceedings touch
ing the Improvement of such side
walk, or the right on the part OF
said city to enforce such execution
against the property so involved,
he may do so by filing with the
marshal Of said city after such ax-
ecutiOn has been levied his affida-
fit of illegality wherein he snail
specifically point out how and
wherein said execution is proceed
ing illegally, and the grounds upon
which he contests the same. He Shall
also state what amount ne admits
to be under said execution and
shall pay said amount to the levy
ing officer before the levying Of
ficer shall be required to receive
or accept such affidavit of illegaIi-
,ty When the marshal shall re-
ceive said affidavit of illegality as
herein provided for, ne shall re-
turn the same to the Clerk of the
superior Court where it shall be
tried at the first term of the Court
under the law of this State that
! is applicable to the trial of lille
salities, and subject to the penal
ties provided by statute where affi
daEits of illegality are filed for de-
/ lay. Either party to such affida-
wit Of illegality shall have the right
to appeal to the Supreme Court as
in cases of illegality originating
from executions issued by the Su-
perior Courts of this State.
SECTION g. BE it further or
dained by the authority aforesaid
That the construction of said side
walk. coping and WATERWAYS pro
rided for by this ordinance shall be
done by the Mayor and Council of