8 THE SUMPTER MINER Wednesday, May !;, 1901 of which shall be Med with tho re corder. The marshal by virtue of his omce snnll be chief of police; he bIiuII not lenvu the city without the consent of the council, and In cukc he does ho, hlfl offlco may bo declared vacant by tho council; ho Hliall keep a correct record of all arrcHtB mado by him or by and policeman, Knowing the time when such nrrct wiih made, and shall submit to tho council at ItH first meet ing In each month, a report In writing, of arrests made and fines and taxes collected, and his other ofllclal acts for tho proredlng month; ho shall per form Hiich other duties and have such other powers as shall bo provided by or..manee. He s.iall also make n report upon any matter or matters when or dered to do ho by the mayor. .Section f',7. It shall be tho duty of the marshal to supervise all elty prop erty imd to prevent the loss and de struction thereof; ho shall attend all meetings of the council, and perform the duties or sergeant-at-arms of said bodv, and shall perform (inch other duties mi may ho Imposed upon him by ordinance. Section fiS, The treasurer shall re ceive and safely keep nil moneys that shall I'O'iio Into It's hands belonging to the city or Humplnr and pay the same over upon the warrant or order signed bv llm recorder, a ml keep a correct account of his receipts nnd ills bursemenls and at n'l times keep hi? hooks open for the Inspection of the council- and at the ertilratlon of his term of olllco he shall turn over to his successor nil moneys, books and papers In his Innds belonging to his said olllce. Ho shall also perform such other duties as are provided for by this act. Section Pi'l. The superintendent of streets shall keep himself Informed of tho condition o. all public streets, al leys, highways, bridges, culverts, sow ers, drains, street lights, parks and grounds; ho shall. In connection with the council committee on streets and public property, have tho supervision of all work done for the construction. Improvement and repair thereof, whether such work Is done by contract or by or at tho expense of the owners of the adjacent property. He shall see that tho provisions of all laws, ordi nances and regulations reliitlug to streetH nnd public property herein des ignnted are strictly enforced, and no clnlm for work, as herein specified. shall be allowed or paid without the certificate of the suiierlntendent of streets or the council cmnmltteo on streets and public property Hint the work has been done to their sntlsfic tlon; provided, Hint any contractor feeling himself aggrieved by tho do termination of the superintendent of streets or committee on streets nnd public property, mny appeal to the council. Section 70. Tho superintendent of streets shall keep proper records of nil matters relating to tho business of his office. When nuthorlited by tho council, he may appoint one or more, deputies who si. all have the power to perform any and all duties of superin tendent of streets under his direction, except the acceptance and approval of work done. In case of a vacancy In the office of tho suiierlntendent of streets. If there Is no deputy street superin tendent, the marshal shall perforin the duties of the superintendent of streets Section 71. The city attorney must nttend to all actions, suits or Proceed ings In which the city Is legally Inter ested, nnd attend the prosecution of all persons charged with a violation of n city ordinance, nnd give his ad vice nnd opinion In writing concern ing nnv matter In which the elty Is Interested, when so required by the mayor or council. CHAPTKH VII. OPHNINH. l.AYIXf OPT. WIDHNMNO AN' I) VACATING OF STIWHTS AND AI.T.KTR. Section 72. The council of the city of Similiter Is lieiehy granted power nnd authority within the limits of the said city of Sampler, whenever It may deem It expedient, to open, lny out. establish, and widen streets, alleys and foot-ways, and to appropriate and condemn private property for tho pur poses above enumerated. Section 73. whenever the council snnll deem It expedient to open, lay out nnd establish n new street or alley, It shall by resolution direct the city en gineer to mane a survey of such now street or alley, or such proposed widening of a street or nlley, as the case may be, and to make a plat of the sam, nnd n written report contain ing a full and complete description of such new or widened street or alley, and cf the boundaries thereof, nnd of the portion of each lot or lots, tractor tracts to bo appropriated for such street or alley. The city engineer shall make such survey, report, plat and fllo tho same with the recorder of the city of Sumpter within twenty days from the date the siimo was ordered by tho council, unless snld council grant him further time. Should tho council deem said survey, plat nnd report satisfac tory, It shall adopt tho same by ordi nance emuoilvlng such report. Section 71. Thereafter, within thlity days from tho ndoptlon of such report, tho council shall nppolnt three disinterested free-holders of the city of Similiter, no kin to any owner or per son Interested In nnv property to he appropriated, possessing the qualifica tions of Jurors of the circuit court of Maker couiuy, to view such proposed street nnd mnlce nil assepsment of dnm agrH and bene ts, as provided In the port following reetlnn of this act. nnd shall assign u day mid place for them to meet, and shall cause a notice to bo given, by tho pouting of written or printed notices In three public places In said city of Sampler, or by publica tion for ten days In some dally or weeklv newspaper published In the city of Sumpier, of tho appointment of such vleweis, with their names and the time and place appointed for them to meet, and specifying with convenient certainty tho houndailes and termini of the proposed street or alley to be laid out, established or widened, as the enso may bo, nnd tho lioundntles and description of the private property to bo appropriated for such purpose, and tho recorder shall send by mall, post paid, a copy of such posted or published notice to each of tho prop erty owners whoso property is pro posed to bo appropriated, or to the agent of such owner, when the address of such agent or owner Is known to htm, nnd If such postofllcn nddress bo unknown, then such notice shall be directed to such ngent or owner at Sumpter, Oregon. Tho notlcn herein provided for shall bo deemed conclu sive notico to nil owners of property whoso property shnll ho appropriated by tho laying nut, opening or widening of nny Htreet or nlley. Section 7fi. Tho recorder shall, at least llvo days before tho day set for such meeting, cnuso said viewers to be nntlued of their nppolntment nnd of the tlmo nnd plnce of such meeting, nnd snld viewers shall meet nt the time nnd plnco designated, nnd shnll then be sworn to faithfully discharge the dut ies assigned to them. They shnll then, or on nny subsequent day to which Ihev mny adjourn (which adjournment shnll not exceed one week nt n tlmo) pro ceed to view tho street or nlley pro posed to be opened, laid out or widen ed, ns the enso mny ho, nnd to deter mine nnd nssess how much, If nnv. less valuable tho lands, tenements and premises or any part thereof through or over wlilrn the proposed street or alley Is to bo laid out, established or widened, will bo rendered thereby; nnd shnll also ascertnln the respective In terests of all persons claiming to be tho ownern of the lands, tenements or premises aforesaid, or of the Improve, nients thereon, nnd the dnmngo which each of said owners will resnectlvely sustain. Said viewers shall also make a lust and eonltable ctl"ntc end as sessment of tho value of the benefits ami advantages of said street or nllev promised to be laid out. established or widened, ns the case mny be, to the re. snectlve owners nnd other persons In terested In tho lands, tenements nnd premises, any part of which Is re mired to be annionrlated bv the lav ing out, establishing or widening of such street or alio v. Said viewers shall also mnke a Just and equitable estlmnte nnd nssessient of the value of tho benefits nnd ndvnntnges of such street or alley aforesaid to the re spect Ivo owners or other persons In terested In nnv lnnds. tenements or premises not required to be anoroprl itd by the laying out, establishing or widening of said street or nllev, but abutting on the marginal line of snld proposed street or nlley, or within ono half of the dlstnnco to the next parallel street or alley on each side thereof, if Bald lands, tenements or premises ho laid out nnd platted In lots nnd blocks; and to a distance of two hundred feet on either sldo of said marginal lines of said proposed street or alley. In case such lands, ten ements or premises aforesaid bo not laid out or platted. Said viewers shall also make a Just and equitable esti mate of tho benefits and ndvantnges, If nny, of said proposed street or nlley so to bo laid out, established or wid ened to the respective owners, les sees or other persons Interested In nnv lands, tenements or premises sit uated, ebuttlng on or within one hun dred feet of the mnrglnnl linn of the street or streets of which tho said afreet so to b" laid out. established or widened shall bo n continuation or which shall connect therewith. Said viewers shall nlso ascertnln nnd assess nnd Include ns benedlB or ndvantnges pt-onortlonntelv to the owner or owners of the lands, tenements or promises nf feetcd bv the onenlntr. laying out nnd ePtn .ishlng of said proposed street or nllev, the cost of surveying the same, the cost of advertising such notices ns mnv be required nnd nlso the compen sation of the viewers. Snld viewers shnll thereupon nt their earliest con venience report the nsnepsment for damnges nnd benefits ns In this sec tion required to tho council. The viewers shall receive ns compensation for their services tho sum of three dollars per dny, to bo paid bv the cltv and ebnrgcd ns costs ns In this chapter provided. Section 7fi. Pnon the filing of snld report of tho viewers with tho recorder ho shnll Immediately cause a notice to bo given by the posting of written or printed notices In threo public places In tho city of Sumnter or bv publication for a period of ono wetk In romo dnllv or weekly newspaper published in tho cltv of Sumpter of the filing of snld report, giving tho dnte when tho snmo will bo considered bv the council, notifying nil persons in terested to present their objections to snld report, If nny they hnvo, nnd sild obiectlons. If nny thero be. together with snld report, shnll bo honrd am' determined y tho council. If It shnll nppenr to tho council that tho dnmiges nssessed nre unreasonable or thnt the benefit nssessed nro Insufficient In nnv respect, they mny cnuso snld re port to bo amended so ns to conform the same to a Just nnd oqultnhlo as sessment of damages nnd benefits. If such report shall nppenr to tho coun cil to be In nil respects reasonable nnd lust, or nfter tho snmo hns been amend ed ns herein provided, tho council mnv by ordtnnnco ndopt such report, nnd thereafter tho excess of tho respective sums of benefits over damnges so ns sessed unon too owners, lessees or other nnrtles in Interest In tho Innds. tenements or premises deemed hv snld viewers to be benefitted hv tho open ing, laying out or widening of nnv street or nllev under the provisions of this net shnll when docketed ns In this section below provided, ho n lien or charge upon tho estate nnd Interest of tho respective owners, lessees nnd other persons Interested In such lands, tenements nnd nremles for nnd on ne count of which tho respective sums s nil ho nssessed hv tho snld vlowers upon tho respective owners or other pnrtles Interested therein, nnd shnll. ns soon ns the npnroprht'on mentioned In section 82 of this net shall have been made, be entered on tho docket of cay Hens In like manner n assessments mr street Improvements In said elty of Sumpter. nnd the said owners lessees nnd other persons In terested rs nfnrosnld, shall bo more-ove- respectively and severally llablo to ii"v such excess, and In enso no np dedlcated to public use. nnd nil ronds peal or other proceedings In cot.rt be taken ns to nnv such nssessment of damages or benefits tho said excess so assessed phall be paid to tho treas urer of the city of Sumpter within thirty days from tho time of entering tho same on tho docket of city liens or tho same shnll be deemed de linquent; nnd therennon, whenever the council shall so order, shnll be col lected In like manner as nrovlded for tho collection of other delinquent ns sesRinents by this net. All moneys nrtsltig from such nseamentp of benefits shall be kent In a sonsmto fund nnd bo applicable to the satisfac tion of the excess of damages over benefits assessed to tho owners nnd other persons Interested In the prop erty taken or damaged for the pur pose of laying out, establishing or widening tho streets or alleys In the matter in which such benefits are as sessed, and for tho payment of ex penses Incurred by the city for sur veying, advertising nnd viewers Id said proceedings. Sec. on 77. mo owner or owners of nny lot or part thereof or of any lnnds sought to bo appropriated as aforesaid or of tho Improvements thereon or any person having nn In terest therein or nny person against whom nn assessment of benefits has been made may appeal to the circuit court of tho state of Oregon for the county of Baker from such report nnd nssessment of damages nnd benefits. Any number of persons may Join In such appeal, and the only question to bo determined by such nppcnl shall bo tho question of the excess of damages over benefits nnd tho excess of bene fits over damnges suffered and re ceived by each person Joining In such npncal. Section 78. An appeal shall be taken bv serving notico of nppcnl within twenty dnvs from tho adopting of the report of tho vlowers by tho council unon tho mayor or recorder of tho city nnd filing nn undertaking with one or moro sureties, who shall Justify In the snmo manner ns hall upon ar rest In civil nctlon, conditioned thnt tho nppellnnts will pay nil costs nnd disbursements thnt may bo nwnrded nralnst them on nnpenl, not exceeding $300, togethor with tho proof of ser vice of such notice. In tho offlco of tho county clerk of said county. Section 79. Tho city shnll bo con sidered tho plaintiff, nnd such appeal shnll ho conducted nnd be heard nnd determined nnd tho Judgment thereon bo enforced ns far ns practicable In tho snmo manner ns nn nctlon nt law. The verdict of tho Jury shnll bo a final nnd conclusive determination of such assessment. Section 80. If the nppellnnts or any of them fall to recover greater dam ages or to secure a more favorable nsscsment of benefits, as the enso may bo, tnnn were assessed by the vlowers, Judgment shnll be rendered against each of them nnd their sureties, on tho npepnl bond for their proportion of tho costs of such appeal, to be paid pro rato, acorutng to the amount of damages and benefits assessed. Section 81. The same fees and costs Bhall be taxed and paid upon such ap peal as are allowed In other actions. Section 82. Tho council shall, at tho expiration of the tlmo limited for ap peal If no appeal bo taken, or Im mediately after Judgment Is rendered. If nny appeal be taken, make an appro priation for the amount of damage or damages and costs, as the case may be, nssessed by such viewers or by the Jury on appeal against the city, and Bhall order warrants drawn on the treas urer, payable out of the fund to bo provided tor that purpose, for the amount of damage or damages and costs nssessed to tho owner or owners or other parties Interested In each lot or part thereof, or of tho Improve ments thereon In favor of the ownor or owners or other persons In Interest, nnd ns soon thereafter ns tho full amount oi such appropriation shall bo In tho city treasury subject to such warrants, nnd tho warrants therefor drawn rendy for delivery to the pnrtles entitled to the same, such property shall bo deemed appropriated for tho purpose of such street or alley, and pot otherwise; provided, that no pro cess of nnv court shall Issue to compel inv nproprlntion for damages or tho Issuing of warrants for the same. And that unless such npproprlntlon shall be mnt.o. nnd snld wnrrnnts so drawn nnd rendy for delivery, nnd the full amount of such nproprlntion shnll bo in tho city treasury subject to tho pay ment of such wnrrnnts within six monthR nfter the termination of tho time limited for nnpenl, or within six months from tho tlmo of the rendition of Judgment or decree on nppeil, alt nets nnd proceedings under such sur vey and view shnll be null and void. Section 83. Tho power nnd author ity granted to the council by this act Is granted to the municipal corpora tion of the cltv of Sumnter, to bo ex ercised nccordlng to tno provisions of tho net creitlng such corporation, unless otherwise specially provided thrreln. The power to approve and adopt tho survey of any street or any