LLOYD LOWNDES, ESQUIRE, GOVERNOR. 439

caused by an act or ordinance of said City, or its officers in the
execution of their duty.

488. The expenses of such paving, and the expenses inci-
dent to the collection thereof, shall be a lien upon the property
chargeable therewith; and when the right of the City to recover
the same has been determined, the City may levy such expenses
upon said property.

489. If any of the said property shall be owned by persons
not resident within the limits of said City, then, after public
notice given at least three times a week for three successive
weeks in two newspapers of the City, by advertisement,-de-
scribing the property chargeable, the amount of expense with
which it is chargeable, and if known, the name of the owner
thereof, the City may proceed, to levy said expenses upon the
interest of such non-resident in said property, without any pre-
vious suit to determine their right to the same.

490. Such non-resident may, at any time within three
months after said expenses have been levied and collected,
institute an action against the City for the recovery of the
same; and if it shall appear in such action that public notice
was not given as hereinbefore directed, or that no such nuis-
ance existed, or that the paving of said street, lane or alley was
not necessary to the removal or abatement thereof, or that
the same was caused by an act or ordinance of the City, or by
its officers in the execution of their duty, such non-resident
shall recover the expenses of paving and collection so levied
upon his property.

491. Whenever any nuisance dangerous to the health of
the City shall be found upon any vacant lot within the City,
the City may remove or abate the same, and shall have the
same remedy against the owner of such lot, for the expenses
of so doing, as is given in the five preceding sections against
the owners of lots fronting on streets paved, to remove a nuis-
ance; and the owner of such vacant lot shall have the same
rights and remedies therein given to the owners of lots fronting
on streets so paved.