respectively, in consequence of the taking thereof, which shall be awarded to such owners, respectively as damages, after making due allowance therefrom for any benefit which such owners may respectively derive from such improvement. In the estimate of damages to the land the commissioners shall include the value of the building or buildings (if the property of the owner of such land) as estimated by them as aforesaid, less the proceeds of the sale thereof, or if taken by the owner at the value to remove, in such case they shall only include the difference between such value and the whole estimated value of such building.

balance.

SECTION 11. If the damage to any person be To strike greater than the benefits, or if the benefits be greater than the damages, in either case the commissioners shall strike a balance and carry the difference forward to two separate columns, so that the assessment will show what amount is to be received or paid by such owner or owners respectively, and the difference only shall in any case be collected of them or payable to them.

SECTION 12. If the lands or buildings belong to dif- In case of dif ferent persons, or if the lands be subjected to lease, ferent owners judgment or mortgage, or if there be any estate in it less than an estate in fee, the injury done to such person or interests, respectively, may be awarded to them. by the commissioners, less the benefits resulting to them, respectively, from the proposed improvement. All such claims and liens upon such lands proposed to be taken, shall be ascertained by the city treasurer, before the commissioners shall proceed to assess the damages and benefits.

of damages on

SECTION 13. Having ascertained the damage and Apportionmen and expenses of the proposed improvement as aforesaid, lands benefited the commissioners shall thereupon apportion and assess the same together with the costs of the proceedings, upon the real estate by them deemed benefitted, in proportion to the benefits resulting thereto from the proposed improvement, as nearly as may be, and shall describe the real estate upon which the assessment may be made. The award of said commissioners shall be signed by them, and returned, together with the testimony taken, with all the papers relating to the improvement,

Appeal.

Payment of damages.

Certificates of benefits a lien.

o the common council within the time limited in their order of appointment.

SECTION 14. If any person shall deem himself ag grieved by such assessment or apportionment, he may at any time within ten days after the filing of the same, appeal thereform by notice in writing to the common council, and ask for a review and rehearing thereof; and the common council shall thereupon appoint a day and place for such review and rehearing, at which day and place they shall proceed to hear and review the same, and shall hear such proofs and witnesses as may be offered, to be sworn by the mayor or acting mayor, and the common council may alter and modify said as sessment or apportionment as shall be just and right. If no appeal shall be taken, or if taken, whether modified or not, the common council shall, if deemed just and for the interest of the city, enter an order in their proceedings that the same be confirmed.

SECTION 15. The land required to be taken for the purposes mentioned in this act, shall not be appropriated until the damages awarded therefor to the owner thereof shall be paid or tendered to the owner or his agent by the city treasurer, or in case the said owner or agent cannot be found, or is unknown, deposited to his or their credit in some safe place of deposit, and then and not before, such lands may be taken and appropriated for the purposes required, and the same shall thereafter be subject to all laws and or dinances of the city in the same manner as other similar improvements heretofore made.

SECTION 16. Certificates of benefits and costs assessed upon and chargeable to each lot, part of lot or parcel of land by virtue of any of the provisions of this chapter, shall be immediately issued by the city clerk, and be countersigned by the comptroller, stating therein the amount of benefits and costs assessed; and the amount or amounts so assessed and chargeable to any such lot, part or parcel of land, shall be from the time it is so assessed a lien and charge thereon until the same are paid. The comptroller shall immediately deliver such certificates to the city treasurer and take his receipt therefor; upon the receipt of such certificates by the city treasurer, it shall be his duty to give notice in the official paper of the city for at least two

weeks that such certificates of liens have been issued, describing in said notice the lot, piece or parcel of land upon which they are a lien, the work or improvement and the amount for which they are issued, and that the owner or owners of the lot, piece or parcel of land therein described are required to pay the same within thirty days from the date of said notice; and all such certificates which are not paid within thirty days from the date of said notice shall draw interest at the rate of twenty-five per cent. per annum until paid, and if the same is not paid before one month previous to the levying of the general city taxes by the common council, the same shall be entered against said lot, part or parcel of land in the tax-roll, and be collected in the same manner as other city taxes are collected.

under lease.

SECTION 17. When the whole of any lot or tract When lands of land, or other premises under lease or contract, shall be taken by virtue of this act, all the covenants, contracts or engagements between landlord and tenants, or any other constructive parties touching the same or any part thereof, shall, upon the confirmation of such report, respectively cease and be absolutely discharged.

SECTION 18. When only a part of a lot or tract of Ibid. land, or other premises so under lease or other contract, shall be taken for any of the purposes aforesaid, upon the confirmation of the report of the commissioners, the same shall be absolutely discharged as to the part thereof so taken, but shall remain valid as to the residue thereof; and the rents, considerations and payments reserved, payable and to be paid for or in respect to the same, shall be proportioned so that the part thereof justly and equitably payable for such residue thereof, and no more, shall be paid or recovered for or in respect to the same.

and commis

SECTION 19. All jurors and commissioners appointed Oath of Juro re by virtue of this chapter, before entering upon the dis- sioners. charge of their duties, shall severally take and subscribe to an oath before some competent officer, that they are freeholders of said city, and are not interested or of kin to any one interested in the premises proposed to be taken, and that they will faithfully and and impartially discharge their duty and the trusts

In case of sewers through streets, commissioners appointed to

reposed in them, and shall file such oaths with the city

clerk.

SECTION 20. In cases of the construction of sewers through streets, alleys and lanes, the lots, pieces or parcels of land benefitted thereby shall be assessed make estimates and be liable for the construction thereof, and for the

Surveys.

Papers to be recorded.

Application.

Grade of streets, etc.

Construction of sidewalks.

purpose of ascertaining the benefits of such lots, pieces or parcels of land, commissioners shall be appointed by the common council to estimate the benefits, and certificates of the amount or amounts of benefits shall be issued in the same manner and shall have the same force and effect as provided for in other improvements mentioned in this chapter.

SECTION 21. Whenever any improvement shall be made under and by virtue of this act, the common council shall have power to cause an accurate survey and profile thereof to be made and filed in the office of the city clerk.

SECTION 22. All papers, orders and proceedings relating to any improvement made by virtue of this chap ter, shall be recorded in books provided for that pur pose in the office of the city clerk, and the same or certified copies thereof shall be evidence in courts of all proceedings instituted and determined by virtue of this chapter.

SECTION 23. The provisions of this chapter shall not apply to the construction or repairs of sidewalks or any street, alley or highway, or any work or improve ment mentioned in chapters thirteen and fourteen of this act.

CHAPTER XIII.

IMPROVEMENT OF STREETS, ALLEYS, &C. SECTION 1. The common council shall have power to establish, alter and change the grade of any street, sidewalk, alley or lane in the city, and cause accurate surveys and profiles thereof to be made, which shall be filed and recorded in the office of the city clerk, in books provided for that purpose.

SECTION 2. The street commissioner of any ward shall have the power to order, construct and build in the manner hereinafter prescribed, all sidewalks, and cause them to be raised, lowered or placed on the

established grade, at the expense of the lots fronting on any such sidewalk or public square immediately adjacent thereto, and to construct and build crosswalks and gutters at the expense of the wards.

SECTION 3. When authorized by the common Grading streets council, the street commissioners or board of public works shall have power to grade, gravel, plank or pave streets, alleys or lanes, and the cost and expense thereof to the center of such street, alley or lane shall be chargeable to and payable by the lots or parts of lots fronting or opposite to such street, alley or lane, or public square; but the common council shall have no authority to authorize the said commissioners or board of public works to grade, gravel, plank or pave any street, alley or ane, unless the owners of three-fifths of the number of feet frontage in the block or blocks fronting upon any such street, alley or lane and chargeable with the expense thereof, shall petition therefor Petition thereto the common council, each petitioner stating the for necessary. number of feet front of ground owned by him and affected by said work, and the signing of any such petition shall be taken and construed as a release of all claims for damages for every such signer. Work may, When pétitien however, be ordered by the street commissioners, without a petition, with the consent of the common council, where a block fronting on a street, or a block through which where is an alley, and which is by law chargeable with the expense of the work so ordered, is owned by persons not residents of such ward. Such work may also be ordered by the street commissioners in front of any block where the resident owners of three-fifths of the number of feet frontage of so many of the lots in an adjoining block fronting on the same street, as are owned by residents of such ward, and the resident owners of a majority in feet of so much of the two blocks opposite thereto, as is owned by residents of sach ward, shall sign a petition for the work required to be done in front of such block: provided, each resident owner shall have also petitioned for or shall have done or commenced to do the work in front of lots or parts of lots owned by them respectively in such adjoining or opposite blocks.

not necessary.

SECTION 4. Whenever the street commissioners Notice to lot shall deem it necessary, or are authorized to make any owners to make improvement mentioned in sections two and three of

9 P. & L LAWS

improvement.