|
Enter suit.
|
commissioners to cause a suit for the recovery of
|
|
|
said expenses to be forthwith instituted against the
|
|
|
person or persons by whose default the said materials
|
|
|
and obstructions has been suffered to remain, and
|
|
|
the amount so recovered shall be paid into the as-
|
|
|
sessment fund for benefits; and all moneys that may
|
|
|
be received by the examiner or the examiners, as
|
|
|
the case may be, from the sale of any house or im-
|
|
|
provement, after deducting the cost and expenses of
|
|
|
advertising and of sales, shall be paid into said fund.
|
|
|
SEC. 7. And be it enacted, Whenever any assessment
|
|
|
for benefits for condemning, opening, grading and
|
|
May be cred-
|
constructing any street, avenue, or alley or part
|
|
ited.
|
thereof, or a thoroughfare, exceed the amount of
|
|
|
damages awarded, the assessment for benefits may-
|
|
|
be credited with such amount of damages, and the
|
|
|
difference shall be the amount due and collectable
|
|
|
for benefits, and such credit shall be recognized and
|
|
Take posses-
|
taken as a full settlement, discharge and payment
|
|
sion.
|
for all such damages; and any lands for which dam-
|
|
|
ages may have been awarded, may be entered upon
|
|
|
and taken possession of; and any building or im-
|
|
|
provements of any kind for which damages may
|
|
|
have been awarded, may be taken possession of for
|
|
|
the purpose of opening, grading and constructing
|
|
|
such street, avenue or alley, or part thereof or thor-
|
|
|
oughfare; but if the amount of damages awarded in
|
|
Shall exceed.
|
any case shall exceed the amount of benefits assessed,
|
|
|
then the damages awarded shall be credited with
|
|
|
the benefits assessed, and the difference shall be the
|
|
|
amount due and payable; and no part of any street,
|
|
|
avenue or alley, or thoroughfare shall be opened,
|
|
|
graded and constructed over the land, nor no build-
|
|
|
ing or improvements of any kind, shall be taken
|
|
|
possession of for which said damages were awarded
|
|
|
without the written consent of the owner or owners
|
|
|
thereof, until such difference is paid, or tendered to
|
|
|
be paid, to the parties legally entitled to receive the
|
|
|
same; any assessment made for benefits under this
|
|
Tax and lien.
|
act, shall be a tax and lien on the property upon
|
|
|
which the same is assessed, and shall be due and
|
|
|
collectable at any time after the statement and pro-
|
|
|
ceedings of the examiner or the examiners, as the
|
|
|
case may be, shall be ratified and confirmed as herein
|
