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