The morning Astorian., September 11, 1908, Page 7, Image 7

FRIDAY, SEPT. II
PRESENT SEA WALL
AMfcNUMfcNI V
(Continued from page 3)
assessment shall be reported by the
Board o( Aieiors to the Sanitary
mt Reclamation Commission as In
the above section directed, the name
shall be liled with the Secretory there
i of snd numbered! before adopting the
i aiesnient, the Commission Khali
I cause notice to be miblishetl at leant
ten days in mine newspaper of the
Ctv of the fuiuir of the lame with
the Secretary thereof, and appointing
a time when a committee ol the loin-
mission unpointed by it for that pur
nose and the -oard of Assessors
ihall nit hi a Board of Equalization
and shall have power to raise or low
er the whole or any part of such
fcsnessmcnt; provided, that in caae
any assessment Id rained the party
effected thereby ihall be notified in
writing at leaf three duyi before ucn
change shall be made. Any person
objecting to the assessment must file
hit objection thereto in writing with
the Secretary f the Communion. The
laid Commission and Hoard of As
'lessors ihall report the result to the
Commission which ihall have the po
wer and authority to review and cor
rect the action of said Board of Equal
ixation and by resolution confirm the
lame at corrected; or they may refer
t' thV same, back to the Board of A
ijrior of the Commission for revis-
m 11 T . i ' a . .
jun or annua ir ana uircci new
'iessment: in which case the name pro
eecdingi ihall be had a in respect to
the previous Assessment. When
special aiMiicnt hall be confirmed, the
Secretary of the Commission ihall
endorse a certiiicate thereoi upon tne
roll knowing the date of conhrma
tion. When any special assessment
ihall be continued by the Commi
lion, it ihall be final and conclusive,
All ipecinl assessments from the date
of confirmation thereof ihall conttl
tute a lien upon the respective lot,
' parcel of land, water frontage, righti
of way and franchises assessed and
Khali also be a charge against the
Crrion to whom assessed, until paid
pon the confirmation of such assess
ment, it shatl be the duty of the Sec
retary of the Commission to enter a
statement thereof in the docket of
the City liens of the Sanitary and
Reclamation Commission of the City
of Astoria.
Section 174. The docket ot city
lirni of the sanitary and reclamation
commission is a book in which must
be entered in pursuance to Section
16, the following matter in relation
to Bsseiinents for the filling in and
reclaiming of any tide lands, over
flowed lands or water frontage in any
improvement district.
1st. The name of the owner of each
lot, tract or parcel of land or tract
or parcel of water frontage or riht
of way or franchise assessed or that
the owner i unknown.
2nd. The number or letter of-the
lot assessed and the number or letter
of the block and the town or addition
in which it is situated, or a tract of
land or water frontage or right of
way or franchise, the description of
the same.
3rd. The sum assessed upon tmch
lot or tract of land, right of way or
franchise and the dat of entry.
4th. The time and manner in which
. the fame is to be paid, and if payable
in installments, the amount of each
installment and the latc of payment.
Sect ion 175. Whenever the assess
ment for filling in or reclaiming any
district against a lut of twenty-five
feet by one bundled feet or an equiv
alent quantity of land shall amount to
the sum of f llXJ.tH) or more, the Com
mission shall order that the assess
ment Sfor such improvement may be
paid in ten equal installments, One to
ybe paid nt the tune for the payment
f the special assessment and one
siyll be paid every two years there
adV at such time as the Commission
shaX order -.together with interest on
the portion still remaining unpaid at
the rate of five per cent annum until
the whale -sum i paid; provided how
ever that all persons entitled to the
benefit of this provision shall on or
before tlic -confirmation of such as
sessment, or within such further time
it shall be provided in the resolution
confirming the assessment filed with
the Secretary of the Commission on
a written supplication that he be al
lowed to pay the costs ol such fiH.or
improvcmnn in installment! in which
written application he shall also state
that he doe thereby waive all and
any irregularities in such procedings
for the filling or rcclaamtion of such
district and the levying of the assess
ment for tJiat purpose, and giving
(therein also a description of his prop
ipcrty affected thereby by the Jots,
lulocks or otJicr convenient descrJip
1 itions and thereafter .and thereupon
uch property owner and such prop
erty thereby affected shall pay the
ewt of such improvement m install
ra.e,nts as above provided. Provided,
further, however, that audi owner and
aticl) property shall hav the privi
lege ;at any .time of pay'mg the whole
of sttfh assessment and .all interest
accrued, and thereupon , have such
property released from the lien of
said assessment.
Provided further, that whenever the
assessment of any one person, or per
sons owning property jointly, com
pany or corporation, for auch fill or
Improvement, shall exceed the sum of
$500.00 then 6uch person or persons,
company or corporation shall have
the privilege of this section as to pay
ment in installments upon like terms.
AH special assessments, except such
Installments thereof as the commis
sion hall make payable at a future
time b provided herein, shall be due
an' payable on confirmation, or at
strch time thereafter as the Commis
sion may prescribe. -',.''-.
In case any installment of assess
ment against any lot or parcel of land
shall not be paid within thirty days
from the time the same becomes due,
the commission shall have the privi
lege and option of declaring by re-
lolution that all of the remaining un
paid installment! which Hand against
the lame property shall at once be
come due and payable; and when so
declared all such installment! may b:
collected at the lame time and Iti the
same manner ai in case of the first
installment then over-due or said re
maining unpaid installment! may be
collected at one time by luit in the
circuit court of the State of Oregon
for Clatsop County, in which suit
the person owning the property upon
which the unpaid installments for any
one remaining due may be joined a
parties defendant
eclal assessment!
Whenver any u
shall be adjudged illegal or invalid for
any reason or in caie there shall have
bcii a failure to, assei! the cost of
any Impr6vement upon the lands pro
pcrly chargeable therewith the Com-
1 nttM nSWuMS t taitfls fa
new aiscssment to.be made for the
same purpose for which the former
'"?..'..... .,i- aii k. ,
ccedings for inch re-asseiimcnt and
for the collection thereof ihall be con-if
ducted in the lame manner ai provi-
ded for the original assessment, and
of levied upon any premises in the
assessment o set aside, . has been
whenever any mm or any pari mere
paid and not refunded, the payment
o made ihall be applied upon .the !
. .t..mA,.l ,iV. tiif-h fm
.i.. M......Ht fc
extent satisfied. No judgment or de- l c ate under any such warrant for the
crce of any court, nor any act of ttie collection of delinquent assessments,
Commission vacating a special aiscsi- ' Chief of Police or some other of
mcnt shall destroy or impair the Hen I"' d,u,y ? 'h,onzcd f th,e Comm..
of the City upon the premise! asiessed j lon M Afor and " the "amc oi
for inch amount of the assessment as
may be equitably charged againt the
same or ai by a regular aiscssment
made of proceeding! might have been
lawfully assessed thereon; and provi
ded further that in case of any irreg
ularity of any of the proceedings for
the filling in or reclaiming ot any uis
!mI an itta 1 if i rt ir f 4 U a ma sua t n nf
to defray the costs and expenses
thereof, whether such irreKu1ariiie
be jurisdictional or otherwise the City
of Astoria shall have power to bring
suit in the Circuit Court of the State
of Oregon for Clatsop County against
the owner or owneri of the kit or
lots, block or blocks, or parcel or
parcels of land, including water fron
tage, right of way or franchises upon
which the cost of such improvement
might or could have been charged -or j
imposed and which were benefitted
thereby, which aid lands, lots and
premises and water frontage and
rights of way and franchise! shall in
elude all lots, lands and premises, wa
ter frontage, right! of way and fran
chises within the reclamation district
and recover the proportion of the
costs of such improvement from each
of said Iota, lands and premises, wa
ter frontage, rights of way and fran
chises benefited by such improvement
according to the benefit resulting to
each from the improvement. In any
such suit to instituted, all persons
whose property, is or would be io. the purchase money from the date of
liable for the payment of any such ale to the time of payment at the rate
proportion of the asseismcnt afore j of 6 per cent per annum, and the
said shall be joined as parties defen- j amount of any tax which the pur
dant in one suit and the judgment j chaser may have paid on the prop
rendered therein shall be a several erty redeemed. Redemption from
judgment in rem against each of laid j the City of Astoria shall be made by
lots or parcels of land and water fron- j payment to the Treasurer of the Com
tage, right of way or franchise owned i mission and written applications to
by each of the several defendants for the Commission aiid upon applica
its proportion of 'the cost of the im- tion being granted, the Chairman and
provement, and the costs and dis- Secretary of the Commission shall
bursements and the lien thereof shall execute redemption certificates to the
be decreed upon the premise. The person or persons making redemp
gcncral lawi of the State of Oregon , tion. A redemption discharges the
governing suits in equity, service of ! property from the effects of the sale
summons, and other process shall ap- :-ff,r the assessment. If made by the
ply to any such suit. j owner or his successor in interest, the
Section 176. The docket of City testate in the property is thereby re
liens in which such assessments shall stored to the owner or his successor
be entered and all other records of ; i interest as the case may be, but if
the Commission, shall be deemed pub-i made by a lien creditor, the amount
lie writings and the originals or cer-! paid for redemption is thereafter to
tilled copies of the same or any part' be deemed a part of his judgment, de
thcreof shall be entitled to the force cree or mortgage, as the case may be
and effect thereof, ami from the date and shall bear like interest and may
of the entry of an assessment upon a; be enforced and collected as part
lot or part thereof, tract or parcel of j thereof.
land, water frontage or right of way! Section 183. Whenever a purchas
or franchise, the torn o entered is er or those claiming under him refuse
to be deemed a lien thereon which ; to' convey to the person entitled to
said lien shall have priority over all I redeem such oerson mav enforce such
other liens or incwmbcranccs thereon j
wnatsocver. I
Section 177. Kwr the purpose of j
tsccrtaimng who is the owner, of any j maintained aginst absent person with
lot or part thereoi, parcel or tract of ! out proof of tender of money and of
land, including water frontaee. right !fTr to redeem, if tfi ..'.aimiff hrina
oi way or irancnise assessed tor iil -
.
ling in or reclaiming the same, inclu
ding the streets -and intersections
thereof, the Secretary of the Sanitary
and Reclamation Commission shall I
take the ccrtitkaite of the County! the Chief of Police of Astoria for
Clerk of Clatsop County stating whoianv such assessment excent in eases
is the owner jhercol at the date of
the resolution ordering the assess
mcnt, as may appear from the records
of deeds of said Conrrty, which certi
ficate such County Clerk is authorized
and required to give When demanded
to give the same by the Secretary of
the Commission.
Section 178. A sum of money so
assessed for reclaiming or filling in
any district cannot be collected until
by order of the Commission, ten days'
notice thereof is given by the Secre
tary ithereof, by.publication in a daily
newspaper published in' the City of
Asjoria. Such notice must contain
the mitnbertof the assessment roll,
a brief description of the district filled
in or reclaimed and the names of the
persons against whom the assess
ments are made, and the amount ow
ing by each and no other statement
shall be required.
Section 179. If within ten days
from the expiration of said ten days'
notice as required by section twenty
one, the sum assessed upon any lot
or part thereof, tract or parcel of
land, tract of water frontage, right of
way or franchise is not wholly paid
to the treasurer of the Commission
and a duplicate receipt filed with the
Secretary thereof, the Commission
may thereafter order a warrant issued
for the collection of the tame to be
issued by the Secretary of the Com
mission directed to the Chief of Po
lice of the City of Astoria. .
. Section 180. Such warrant shall
have the force and effect of an exe
cution against real roperty and shall
be executed in like manner except as
THE MORNING ASTORIAN, ASTORIA, OREGON.
herein otherwise provided, Such war
rant must require the Chief of Police
to proceed to collect the unpaid a
eminent named therein by advertising
and idling to the highest bidder the
lot, part thereof or tract of land or
right of way, or franchise described
In the warrant in the manner provid
ed by law for the lale of itich prop
erty under execution, and return the
proceeds of such sales to the Treasu
rer pf the Commission and the war
rant to the Secretary thereof with bi
doings endorsed thereon together
with the receipt of the treasurer of
the Commission tor the proceed! of
Mch 1e "'paid to him. Provided,
that all the unpaid assessments for
any one improvement may be includ
ed in one advertisement and notice
of sale, but each piece or parcel of
land shall be sold separately and for
a sum not less than the unpaid assess-
i " ent. thereon, and interest and cos
Vf advertising the sale; and provided
'further that in the execution of said
! warrat J7 "' h . " ,ot
Pr' f land, right, ol way or
franchise! described therein hall be
' re'u!rd- Tl' notice of lale shall be
cess.ve weeks prior to the date o
lh.e war!;ant h;?1 returned
""' ' ''i. " !C rt' , i v r
pf " by he Chief of Police
''" hob . wa, ini may uc iisucii
when required. At every sale of real
lot or parcel of land, right of way or
franchise offered for sale, the Amount
of the assessment aginst the same in
cluding the amount of any costs and
charge! accrued; and if not greater
sum be bid such tract, lot, parcel of
land, right of way or franchise shall
be itruck off to the City of Astoria
Bnd !a11 b he,d K and be lubject
Jo redemption in like manner ai if
it had been sold to a private person
and the Sanitary and Reclamation
Commission or the Common Council
may provide for selling and disposing
of the same at any time after the
right of redemption shall have ex
pired. Section 181.' The Chief of Police
executing such warrant shall immed
- iatcly make a deed for the property
old thereon to the purchaser stating
therein that the same is made subject
to redemption as provided in this
act. Within three years from the
date of such sale the owner or his
successor in interest or any person
having a lien by judgment, decree or
mortgage on the property or any part
thereof separately sold may redeem
the same upon the terms and condi
tions provided in the next section.
Section 182. Redemption shall be
made by the payment of the purchase
money and 10 per cent additional as
a penalty together with interest on
conveyance thereof by a suit in equity
as for a specific contract to convey
real property, and such suit mav be
... . .. r......
thc money into Court with his "corn-
plaint, and offers to redeem. Every
action, suit. or proceeding which may
be commenced for the recovery of
land which shall have been -sold hv
where the assessment for which the
land was sold has been paid before the
sale or the land redeemed as provi
ded by law, shall be commenced
within four years from the time of
the recording of the deed executed
by the Chief of Police and not there
after, n any suit, action or proceed
ing in any Court concerning any as
sessment of property authorized by
this act or the collection of such as
sessment of property authorized by
this act or the collection of such as
sessment or procedings consequent
thereon, such assessment and subse
quent procedings and all procedings
connected therewith shall be presum
td to be regular and duly done or
taken until the contrary is shown;
and when any procedings, matter or
thing is by this act committed or left
to discretion or judgment of the
Commission, such discretion or judg
ment when exercised or declared is
final and cannot be reversed or called
in question elsewhere.
Section 184. In making a deed for
real property sold for a delinquent
assessment for filling in or reclaiming
any improvement district, it is not
necessary to fecite or set forth- the
proceedings prior to the sale, but it
is sufficient if it substantially appears
from such deed that ihc property is
sold by Virtue of a warrant from the
Secretary of the Commission and the
date thereof, together with the date
of sale and the amount bid thereat by
the purchaser and the person to whom
sold and such deed shall be prima
facie evidence of the authority to
make the sale and the regularity of
all anterior procedings, No suit or
legal proceedings shall be instituted
to set aside such a deed or to have
the same declared void without first
tendering to the purchaser of the
property at the aiscssment sale, his
heir or assigns, whether the purchas
er be the City or otherwise, the
amount bid at such lale for the prop
erty, together with ten per cent pen
alty on said amount, with interest on
the amount bid at such' lale from the
date of ale at six per cent per an
num and all taxes and assessments
paid by such purchaser on account of
such property, with like interest
thereon. And, in any such suit or ac
tion prosecuted by any person claim
ing to be the owner of any property
under an assessment sale for the re
covery of the possession of such prop
erty, the defendant, except in -cases
wher the assessment! have been paid
or the property redeemed shall tender
with his answer and pay into Court
for the benefit of the holder of the
assessment title the amount herein
before required, to be tendered in an
action brought to set aside such as
sessment deed. The style of the war
rant for the collection of delinquent
sessments shall be "in the name of
the City of Astoria." ,
Section 185. Any contractor who
ffas entered into any contract with
the City of Astoria to fill in or re
claim any rcclamtion district under
this act, may dredge out material for
the purpose of making the fill from
the bed of the Columbia River along
the City water front outside of the
pier head line under such restrictions
and regulations as the Sanitary and
Reclamation Commission may from
time to time prescribe by resolution.
' Section 186. Nothing in this act
contained shall be so construed as
to in any way abridge or interfere
with the power of the Common Coun
cil of the City of Astoria to improve
any and all streets thereof in any
manner now provided; and said Com
mon Council may improve any street
by constructing retaining walls on
each side thereof to retain the fill and
by grading and filling the same to
the established grade and by macad
amizing or paving the same ort in i
any other manner whatever, and as-
scss the costs and expenses thereof
against the1 property benefitted there
by as now provided by the Charter
of the City of Astoria, and provided
further that whenever any street over I
the tide lands or tide flats of the City
of Astoria shall be improved by fil
ling the same to the established grade
and macadamizing or paving the same
and the assessment for such improve
ment against a lot twenty-five feet
by one hundred feet or an equivalent
quantity of land shall exceed the sum
of $100,00, the owner of the property
so assessed shall upon ' application
therefor to the Common Council be
fore confirmation of the assessment
and waiver of all irregularities in the
proceedings have the privilege of
paying such assessment in ten equal
installments, one of which shalj be
payable at the time the assessment
is confirmed and one every two years
thereafter with interest on all unpaid
instalments at the rate of five per
cent per annum payable annually un
til all installments are paid in full,
which said assessments except as
herein otherwise provided shall be
levied and collected in the same man
ner as other street assessments are
levied and collected and all the pro
visions of the charter shall be applic
able to and govern the mode of pro
ceeding for such an improvement and
the levy and collection of the assess
ments to defray the costs thereof.
A GOOD SHOW.
"The Missouri Girl" is a guaran
teed attraction and the theatre man
agement is instructed to refund the
money if there is one single thing ad
vertised that is not performed'to the
letter. The claim that it is the best
domestic comedy written has never
been disputed. The production of the
play in this city will be the equal of
any ever given of the play. Not a
line or a scene cut out, and not a bad
actor in the cast. The piece will "be
seen at the Astoria theatre, Wednes
day, September 16th.
For Sde.
Twelve shares Northern Oyster
companies stock, one hundred and
thirty dollars (130) per share. Apply
Imperial Restaurant. 8-9-tf
mm in
Every Builder or Contractor will
find it to his advantage to become
acquainted with our stock; of Tools
and Building Implements.
Builders' Hardware is a specialty
with us. The many little thinks re
quired "in the kitchen in the Hard
ware line can be bought at a great
saving at our store.
Fid His Hi
FINANCIAL
A
w trmt ir
JU1 A I IwC
OVER
3 CENTS
A Small Savings Bank.
1 A Small Savings Account.
lAn Example in Thritt.
ASmall Fortune.' A happy home.
THE BANKING SAVINGS AND LOAN ASS'C'N,
HgTIOth St. Phone Black 2184
First National Bank of Astoria
:' DIRECTORS .
Jacob Kamm W. F. McGregor! G. CJ.Fi.avel
J. W. LAdd S. S. Gordon ' RTT
Capital. ........ ........ . . ........ .... .$100,000 '
Surplus ..; .......... 25,000
Stockholders' Liability . . . .. . , . . . . ...... ,100,000
ESTABLISHED
J. Q. A. BOWLBY, President
O. I. PETERSON, Vice-President
ASTORIA SAVINGS BANK
CAPITAL AND SURPLUS - $227000
Transacts a General Banking Business Interest Paid on Time Deposit
Four Per Cent. Per Annum
Eleventh and Duane St. . ; . Astoria, Oregon
SCANDINAVIAN-A MERICAN
SAVINGS BANK
ASTORIA, OREGON
OUR MOTTO: "Safety Supercedes An Other Coosideratka."
STEEL & EWART
Electricar Contractors
Phone Main 3881 .... 426 Bond Street
0
W BAY BRASS &
ASTORIA, OltEGON
r -
Iron and Brass Founders, Land and Marine Engineers,
Up-tc-Date Sawmill Machinery
- 18th and Franklin Ave.
Sherman Transfer Co.'
HENRY SHERMAN, Manager.
Hacks, Carriages Baggage Checked and Transferred Tracks tad Foraitan
Wagons Pianos Moved, Boxed and Shipped.
433 Commercial Street - - Mtio Phone Ul
. .THE OEM
C. F. WISE. Prop,
Choice Wines, Liquors and Cigars
Corner Eleventh
ASTORIA.
SCHOOLS AND COLLEGES
You want the best money can buy
pleasures, etc., why not in education? '
. ' ' Portland's Leading Business College
offers such to you and at no greater cost than an inferior school.
Owners practical teachers More Calk than we can fill i
Teachers actual business men In session the entire year "
Positions guaranteed graduates Catalogue "A" for the asking '
I. M. WALKER, Pres. 0. A. BOSSERMAN, Secy.
HOT OR COLD
olden West
Tea
4 Just Right
CLOSSET & DEVERS,
PORTLAND, ORE.
A DAY I
w
J. W. GARNER, Assistant Cashier'
FRANK PATTON. Cashier
Prompt attention given to all repair
wort Tel Main 2461
and Commercial.
OREGON
in food, clothing hnm
LAUNDRIES.
WE WASH
Everything but the Baby and retura
everything but the dirt.
TROY LAUNDRY
Tenth and Duanc
Phone Main 1991
11