THE SUMPTER MINER Wednesday, May i ;, 1901 10 the next street Ib Ichh than three hun dred feet, then the coot of both front ngo nnd Intcrflcctlon Improvement fihall bo nsscBsed only upon such por tion of hiiIiI blocks or tructH of land iiH nro within hnlf of the distance to the next Btreet. hut thin provlHlon Bhnll only npply to fractional blockB or tractH mh Hhown In original platB and not to property ndjncont to streets which have been widened by the coun cil nf the city of Sumpter. The com of Improving the Interaction of streets, unless otherwise ordered by the coun f, sbnll bo assessed upon the lotH or parts thereof situated In tho quartorH of the four regular blockH ndjntnlng Hiich Intersection, but only upon tho lotH or p:irtH thereof nearest thereto and In the following propertion: Fivc-nlntliH of the cost to tho property fronting on mild street, nnd lying with in tho snare emhrared from tho ror ner of the lot or part thereof bounded by the Intersecting streets to a point nimiB mild Hlrert prnprwed to ho Im proved one fourth of tho dlRtnnco to the next street Intersection; and four nlntbH of tho cost to tlio properly fronting on mild street lylnir within tho ppneo e'uliniced from n point ono- fourth of the dlBtnnre from smii corner of lot. or part thereof nnd tho next titrect Intersection to n point one-bnlf of the dlHtinc" fni'ii nnld comer of lot or pnrt tnereof to snld n-rt Intorscc llon, When nny land ndlnoent to n Btreet Improvement nnd within nno bunilred nnd Ofty feet therefrom Bhnll not bo Inli off In lotH nnd blockB. tho proportionate roBt of Improving the Intersection of HtreetB Bhnll bo iihsosb ed upon Hindi land iib Hob within ono hundred and fifty feet Hqiuro of the IntorHeetlon, flvo-nlntliH to ho paid by the Hist Heventv-llvo feet nnd four nlntbB to be paid bv tho next seventy llvo feet abutting upon tho Btreet to bo Improved. Section 101. Whenever nnv work or Improvement, tho expense of which Ib to bo iiBBOHHod against tho property benelltted thereby, has been completed, the city engineer or Biiperlntendent of BtreetB Bhnll flln with tho council n written ncceptiinco of such work so completed. Thereupon tho council shall ciiiiHo to ho posted for ono week In three public places within tho city of Similiter a notlro of bucIi completion and acceptance, or shall cause to bo published for the saiuo length of tlmo n notice of such completion nnd ac ceptance In some dally or weokly news paper published In the city of Bumpier, stating therein a time and place where nny written objections to the accept ance of said work or Improvement or portion thereof mny be heard, which tlmo shall not bo more than ten days lifter tho date of tho IIIIiir of snld ac ceptance as aforesaid. At the tlmo set for hearing of objections to tho nccopt nnco of Bald work any nwnor or agent of nny property nffected by said work or Improvement mny appear and flic written objections thereto, which ahull ho heard and determined by tho coun cil, nnd If It appear that said work or Improvement has not been completed In accordance with the specifications nnd contract, tho council Bhnll direct the sntuo to he bo completed, nnd until bo done, the acceptance or acceptance aforesaid shall not bo approved by the council. If no objections bo filed to the ncceptiinco of any work or Im provement as herein provided, or If upon the hearing of the same, tho council shall determine that tho work or Improvement has been completed uccordhiK to the specifications and con tract, It shall endorse Its approval on said acceptance or acceptances, and thereupon flle a copv thereof with the recorder, together with a copy of the contract or contracts for the whole of said work or Improvement nnd the ex penses or estimated exnenses of engi neering, siiperlntondimro and adver tising, which expenses shall be deemed n portion of the costB of such Improve ment. Section 102. The docket of city liens Is a public, writing and from the date of an entry therein of an assess ment for a lot or part thereof, or n trart or parcel of land, the sum so en tered Is berebv declared to be n tnx levied and n lien upon such lot, part therof or tract or parcel of land, which lien shall have priority over nil other Hens or Incumbrances thereon what soever, and any Bum or sums of money nssessed for tho Improvement or re pair of n street, avenuo or alley or for the construction of a sow er or drain entered upon such lien docket, shall not bo collected until, by order of tho council, ten days' notice Ib given by tho recorder of such entry as aforesaid, by tho posting of notices In three public places In sold city of Sumpter, or by publication In a dally or weekly newspaper published In the city of Sumpter, and It shall bo the duty of tho recorder to send n notice of such nRscssmcnt by mail to -the owner or agent of nny property so ns Bcsscd whenever tho post office ad dress of such owner or ngent Is known. Section 103. If within thirty days from tho date of tho first posting or the first publication of tho notice pre scribed In tho preceding section, the sum nRsesRod upon tho lot or part thereof Is not wholly pnld to tho city treasurer, and n dupllcnto receipt therefor filed with tho city recorder, tho council Bhnll thereafter order a warrant to Issue for tho collection of tho same, to bo Issued by tho recorder directed to tho city marshal. Section 101. Such warrant Bhnll re quire the marshal to proceed to collect tho unpaid assessment named therein hy ndvertlHlng and Belling to tho high est bidder tho lot, pnrt thereof or tract of land described In tho warrant, in tho manner provided by law for the salo nnd collection of delinquent stntc and county tnxes, nnd to return the proceeds of bucIi snlo to tho city treas urer and tho wnrrnnt to tho recorder, with hlfl dolngB cndorBcd thereon, to gether with tho receipt of tho treas urer for tho proceeds of tho Balo ns paid to him; provided, that all tho un paid assessments for any ono Improve ment or repnlr of n Htreet or for tho construction or repnlr of a Bower may be Included In ono ndvcrtlscmcnt nnd notice nf sale, but each piece or parcel of land shall he sold separately and for n sum ne: less than tho amount of tho unpaid assessment thereon nnd the Interest, costs of advertising nnd snlo; and provided, further, that In tho exe cution nf said warrant no levy upon tho lot or lots, or parrels of land de scribed tnercln shall bo required, ex cept in cases whero tho owner of the property named in snld wnrrant shnll ho described an unknown. Section 105. Such wnrnnt shall hnvo the force nnd effect of nn execu tion against real property nnd shall be oxecuted In llko ninnner, except ns In the preceding section especially nro- vlded, and tho return of tho officer executing tho wnrrnnt must specify the amount for which each, lot or pnrt thereof was sold and tho name of the purchaser. Section 101. Tho mnrshnl shnll Im mediately nfter having Bold nny renl property by virtue of such warrant or of any wnrrnnt for tho collection of delinquent tnxes mnko a certificate of snlo of tho property so sold, sotting forth tho objects for which tho snlo was made, a description of the prop erty sold, n statement of tho amount It sold for, of the Improvement for which tho assessment was made, the year In which tho tnx wan levied, the amount of such tax or nssrssment. the nnmo of tho purchaser, and thnt tho Rale Is mado subject to redemption within two yenrs from the dnto of tho certifi cate, and then deliver such certificate to tho purchnser. Tho owner or his successor In Interest, or nnv person having n Hen by Judgment, decreo or mnrtgnge on nny property so sold may redeem the snmo upon the conditions provided In the next section. Section 107. Redemption of nny renl property sold for delinquent assess ments under tho provisions of this chorter mny bo made bv nnvlng to the recorder at any time within two vears from the date of tho certificate nf silo tho purchase nrlco nnd In addition thereto n penalty nf twenty per centum of the amount of the assessment nnd costs, together with ten per centum Intereit upon the purehnso price from the date of such certificate, nnd the amount of any tnx or taxes mid there on by such purchaser nnd Interest thereon from tun date of their pay ment: provided, however, thnt if re demption he nmdo within one yeir from the date of the sale the pennltv to bo pnld shall be ten per centum of tho amount nf the assessment and costs. Such redemption shnll discharge the pronerty so sold from the effect of such snlo; nnd If mado hy n Hen cred itor, tho amount paid for tho redemp tion shnll therof tor bo deemed n pnrt of his Judgment, decreo or mortgage, as tho caso may be, and shall bear like (Interest and may be enforced and collected as a part tnereof. Section 108. After the expiration of two years from the dato of such cer tificate, If no redemption of the prop erty described therein shall have been made, tho marshal shall execute to tho purchaser, upon the payment to him of tho sum of two dollars from tho benefit of the city, a deed of con veyance containing a description of tho property sold, a statement of the nmount bid, of the improvement for which the assessment was mnde, of the year in which tho tax wns levied, that tho nssessment or tnx was unpaid nt tho dnto of tho sale, and that no re demption has been made, and the ef fect of such deed shall bo to convoy to tho guarnnteo therein, tho legal nnd equltnbto title in feo simple to tho real property in such deed described, nnd such deed shnll bo prlmn fnelo evi dence of title In such grantee, and that all proceedings nnd nets necessary to make such deed In nil respects good nnd valid have been had and done, nnd such prima faclo ovldenco shnll not be disputed, overcome or rebutted, or the effect thereof nvolded except by satis factory proof of cither: 1. Fraud In making the assessment or In tho nssessment or collection of thn tnx. 2. I'nyment of tho nBsessment or tax before salo, or redemption nfter sale. 3. That payment or redemption was prevented by fraud of tho purchaser: or. 4. That the property wn sold for nn nsspsflmont or tnx for which neither nnld property or tho owner thereof nt tho tlmo of such nBsessment or levy was llablo, nnd thnt no part of the assessment or tnx was assessed or lev ied upon tho property sold. Section 109. Every action suit or proceeding which may bo commenced for the recovery of land which has been sold hy tho marshal of tho city of Sumpter for any assessment or tax, except In caRcs where tho assessment or tnx, for which tho land was sold, had been paid boforo tho sale, or the land redeemed ns proved by law, shall bo commenced within threo years from tho tlmo of tho recording of tho deed executed by tho marshal, and not thereafter; and in every such action, suit or proceeding, the party claiming to bo tho owner as against tho party claiming under or through tho sale mado by the marshal, must tender In his first pleading In such case and pay Into tho court nt the time ofnllng such pleading, tho amount of the purchase prlco for which tho land wns sold by the marshal, nnd In addition thoreto a penalty of twenty per centum of the amount of tho nssesment and costs, and an amount equal to all taxes and assessments levied or made upon or against tho land or an part thereof which shall have been paid after such sale by the purchaser at such sale or his heirs or assigns, together with In terest thereon at the rate of ten per centum per annum from the respective times of the payment of such purchase price, taxes and assessments by such purchnso or his heirs or assigns, as tho case may be, up to the time of tho filing of such pleading, to bo pnld to snld purchaser, his heirs or assigns. In enso tho right or tltlo of such pur chaser nt such snlo shnll fall In such action, suit or proceeding. Rectlon Mm. A snlo of renl property under tho provisions of this chnnter conveys to the purchnser. subject to redemption, as herein provided, all thn etnto or Interest therein of the owner whether known or unknown, together with al the rlghR nnd appurtenances thereunto be'onplng. Section 111. When nn nssessment upon nnv lot or p-irt thereof becomes delinquent, nnv person having n Hen thereon by Judgment, decree or mort" mre. mny r.t nny tlmo before iho snlo of such lot or part thereof pny tho Bnme. nnd such piyment dlichnrges tho property from tho effect of the as sessment, nnd tho nmount of Rtich de linquent taxes ,nd nil accruing costs nnd chnrges, If any, when so pnld. Is thereafter to bo deemed n part of such Hen1 crqMltnr's Judgment, decreo or mortgnge, ns tho enso mny be. nnd shall bear Interest nnd mnv be enforced nnd collected as a pnrt thereof. Section 112. Whenever any lot or pnrt thereof, sold under provisions of this chapter, shall bring more than tho assessment thereon with costs and chnrges of collection, the surplus must be paid to the treasurer, and the officer executlngtno warrant must take a sep arate receipt for such surplus and flle it with tho recorder on the return of tho warrant. i any time thereafter with in six years, the owner, or his legai representative, is entitled to a war rant upon the treasurer for such sur plus, and until such warrant is drawn and paid or tho expiration of said period of six years, the treasurer shall hold such surplus as a separate fund for the redemption of such warrant liable to bo drawn thereon. Section 113. Whenever any lot or part thereof is sold, for delinquent street or sewer assessment and after wards sold for a deficit in such assess ment as In this net provided, to any person other thnn tho purchnser at the first salo, or his successor in Inter est, sa Id purchaser at said first sale Is to be deemed an owner within the meaning of this act Section 114. If upon tho completion of nny Improvement of a street or construction of a sewer. It Is found that tho sums assessed therefor upon any lot or pnrt thereof Is Insufficient to defray the cost thereof, the council must ascertain the deficit nnd declare tho same by ordinance; when bo do clared tho recorder must enter tho sum of tho dcflci: In tho docket of city Hens In a column reserved for that pur poso In tho orlglnnl entrv. with tho dnte thereof, nnd such deficit shall thereafter ho a Hen upon such or part thereof, In llko manner nnd llko ef fect ns In case of tho sum originally assessed, nnd shall also ho payable and may be corrected In like manner and with llko effect as In tho case of such sum so assessed. Section 115. If upon tho completion of nny Improvement of a street or con struction of n sewer, It Is found thnt the sum assessed therefor upon nny lot or pnrt thereof Is more than sufficient to pay tho cost thereof, tho council must ascertain and declare tho surplus In like manner ns In tho case of a deficit; when so declared It must be entered as In the enso of a deficit In the docket of city Hens. Thereafter the person who paid such surpliiR. or his legal representative. Is entitled to re payment of the samo by wnrrant on the city treasurer, at any tlmo within six yenrs, nnynhlo out nf the fund raised for such Improvement. Section 116. All money raid or col lected upon assessments for the Im provement of streets or construction of sewers shall be kept as a separate fiind, and n no wise used for any other purpose whatever. Section 117. If upon the completion of any street Improvement, or repair of any street, when the cost thereof Is declared by the council to be a charge upon tho adjacent property In front of or abutting upon any property, or the construction of any sewer or drain, any assessment or assessments levied to defray the cost thereof or found or adjudged to be Invalid for any reason, whether because of any defects. Juris dictional or otherwise, or any insuffi ciency, Irregularity or Informality, whether In the original petition there for. If nny. or In nny stage of the pro ceedings, the city of Sumpter shall have power to bring actions In tho circuit court of tho stnto of Oregon, for the county of Dnker, against the owner or owners of a lot or lots, block or blocks, pnrcel or parcels of land upon which tho cost of such Improvement, repair, sewer or drain might or could be charged and Imposed under the terms of this net, and recover the proportion of tho cost of such Improvement, re pMr, sewer or drain, properly chnrge nblo under ..is net to ench of such lotn or block3 or pnrcels of lnnd. In nnv such net so Instituted, nil persons whoso property Is or would bo so Hn blo for the piyment of nnv such pro portion of tho nssessment nforeBald mny be Joined ns parties defendant In one netlon. nnd the Judgment rendered therein Bhnll bo n Rovorol Judgment acnlnst ench of snld defendants for his proportion of Bild nssesment nnd costs nnd uisburscments, nnd tho Hen therefor shnll bo" decreed unon the premises liable or assessed for such street Improvement, sewer or drain, and upon no other property. The genoral laws of the state of Oregon gov erning actions of law. service of sum mons and other process, except as herein otherwise provided, shall ap plv In any such netlon. Section 118. .Whenever the grade of