Medford mail tribune. (Medford, Or.) 1909-1989, October 12, 1917, Page 6, Image 6

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    STEDFOftD IMjATTJ TRTOWE, METTiTOTm OTCEf,QT, . ' FTtTDAY.- QCTOTVET?. 12, 1017
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1
PAGE SIX
LIBERTY BONDS
BADGE OF HONOR
f SAYS ROOSEVELT
"To own bonds oC this United
Stntcs at such a time ns many ns
cueb of us Kim possibly afford in u
bnlgo of lionor. There should bo
liberty bonds in every home."
Such is the sentiment of Former
President Theodore Roosevelt, ns.
wired to the liberty loan committee
for this district.
Colonel Hoosevelt goes further in
his appeal for general subscription to
the bonds.
"Jt is the duty of every man and
of every woman in this country, who
enn possibly afford to do so, to buy
liberty bonds in order that Bans,
ammunition, food and clothes tuny be
promptly nnd freely furnished to oar
soldiers who go to the front.
Highest Possible Service.
"The highest human service is that
of the man who offers bis life to bis
country. Next to that conies the ser
vices in factory and farm and office
which help to keep the (treat national
war machinery efficiently working.',
nnd the outstnnding and fundamental
need, without which nothing can be
accomplished, is the need for money:
money from rich and poor; money in
largo sums and small. A,
"There is every reason for buying
these bonds. The patriotic reason is
enough. Hut. here, in addition, there
is offered the best security in the
world an investment backed by all
tho credit of the government and peo
ple of the United States. We our
selves, we, the people, arc behind ev
ery promiso our government makes,
hecauso in the last; analysis il is we
who aro the government. If the se--enrity
of the government should fail
it would be because we, the people,
were in Riich a plight as no longer to
be interested in any security.
Fighting lor Liberty.
"We have joined the war on the
side of liberty, of liberty for all nuiu
kind to be obtained thru the form of
orderly democracy. Long after the
war is over, we shall continue in the
struggle to ncliievo liberty nnd order
for all the brotherhood of mankind.
To do it effectively, we. must bind
ourselves together as a nation, and
there is no surer bond between a
man and bis country than that be
shall be a bondholder of bis country.
- lot us make the "bondholders'' and
"the people" interchangeable terms.
Tct ns see that this bond issue is r,
bond issue of the democracy.
"An opportunity is now presented,
not merely for n few thousands, but
J'or tens of millions of Americans to
givo a practical demonstration . of
their loyally, lty rallying to the sup
port of the United States in this
crisis we discourage our enemies and
hearten our allies.
"I appeal most earnestly to the
men and women of America to lend
their money to tho government, ami
to do it now."
PAINS, del. The military
court inquiring into (he activities of
Holo l'aslui has appointed a seqtics
Irator for the money Molo advanced
to Senator Charles Humbert, owner
of the .lournnl. The mnnev amounts
to (1,0(111,(111(1 francs, which (he se
iiuestralor will deposit with the de
posit anil consignment office, a sec
tion of tin. ministry (,r finance. The
sequestrator was appointed at the
request of Molo, Senator Humbert
not opposing the move.
The postollice department will
make every effort lo deliver all
Christmas packages sent Irmu (hi
eountrv to members of the American
expciiinonaiv nuns in i.nnipc on
('briMmns 'morning, an, I to Hii nil
nnirns Ihe American public that all
Christinas packages fur oldi.-r-
abroad mils! be mailed bv nr bclnrc
November .", ami gives in-truetion-.
for sending.
One can send as much a t,n
pounds in puckai'c, and lite pa. I,
Hire must be (securely wrapped. n,;
anything Cllll be seal except hilosi
rniils. Kvery Chn-tnias package,
besides having (he nddtv.-s w til leu
plainly, must bear the w.n.k,
"Christinas Package."
The postoffiee department ha
rilled Hint nnv soldier or sailor in
service ahrond can I ! -1 1 -1 in.
udillc.-Hil tu tlli tVUliliy.
BOLO S SLUSH FUND
TO BE SEQUESTRATED
SPECIAL CITY ELECTION NOTICE
STATIC OF OREGON,
County of Jackson,
Clly ot Cenlral Point, sa.:
Notice Is horeby given that a spe
c.al election will be held In tho City
of Central Point, Jackson county, Ore
gon, on Tuesday, to-wil: (ho Ifith ilny
of October, A. D. 11117, between the
hoars of 9 o'clock a. m. anil C o'clock
p. m.
Tho polling place Tor said election
shall bo at the city Hall, in the, Clly
of Central Point. Oregon.
Tho Ibreo following named legal
votern of said city nre hereby desig
nated and appointed judges of said
election, two of whom shall act us
clerks thereof:
L. Hatfield, J. W. Jacobs, J. B.
Holmes, Judges nnd Clerks ot Elec
tion, Said election Is called and held for
voting upon tho adoption or rejection
of a certain amendment to tho charter
of (lie City of Central Point, Oregon,
adopted by the common council and
submitted by (he common council to
(ho vnterB of (ho city.
Said proposerl amendment Is printed
in pamphlet form by the clly and
conies mailed to every legal voter
within Hie c;iy whoso address Is
known, and said pamphlet can ho had
at the office of the recorder of sold
clly upon amillcatlnn.
Tho general purport of said charter
amendment Is expressed in the ballot
tlllo therefor adopted bv (ho common
council and which will apiiear upon
tho ballot with a corresponding num
ber, as follows:
Charier Amendment Submitted to
the Voters by the Council.
"Shall (be Charter of Cenlral Point
be amended by adding thereto Article
XXV, and thereby provide for (he col
lodion In thirteen years of tho unpaid
assessments for local improvements
made In (be year 1(111. and provide for
tho Issuance of rcfiin -'o.; bonds In a
sum not to exceed $80,0110. for (ho pur
pose of redeeming the outstanding un
paid bonds and warrants Issued In said
year for paying the costs of said Im
provements, together with Interest
(hereon, said refunding bonds to be
duo In thirteen years nnd bear Inter
est, at six per centum per annum, as
provided In Ordinance No. Ilti?"
Votes Yes or No.
100 YES
101 NO
Dated (IiIb 5th day ot Oct. bor, A. D.
1917.
(Signed) W. E. ALEXANDER,
Acting Mayor of tho City of Central
Point, Jackson Countv, Oregon.
(Signed) J. W. JACOBS,
Clly Hocortler of tho City of Central
Point, Jackson County, Oregon.
(Seal.)
ORDINANCE NO. 116
An Ordinance adopting and submit
ling to (ho legal voters of llio City of
Central Point, Jackson County, Ore
gon, at an election hereby called and
ordcredNo he held In said clly on
Tuesday, lo-wit: (bo tilth day of Oc
tober, A. D. 1917, an amendment to
Ihe charter of said city, bv adding
thereto Article XXV; said article XXV
ratifying anil confirming (ho lions on
eorlulu property in said city for as
sessments made against said nronorlv
In the year A. D. 1911, for street Im
provements. Including tho laying of
sowers, and now remaining unpaid:
providing a method for the payment
anil collection or said unpaid assess
ments; ratifying, approving and con
firming tho outstanding bonded In
debtedness of said clly, consisting of
Maacroft Improvement bonds. In tho
aggregate principal sum of $(1:1,750, Is
sued In November, 1911, to pay the
costs of said street Improvements; au
thorizing and directing tho common
council to lasuo refunding bonds In the
name of said city, In an amount not
exceeding (ho aggregate principal sum
or JSO.OIHl. for the purpose of fund
ing, paying and redeeming tho said
outstanding Ilancroft Improvement
bonds and certain outstanding warrant
Indebtedness in tho aggregate princi
pal sain of $10,019.32, heretofore In
curred for the payment of Interest on
said street improvement Indebtedness
and expenses Incidental to said lm
provemenls, together with Interest on
said bonds and warrants to dato ot
redemption; said bonds to ho desk;
nated as refunding bonds nnd bear In
teresl at tho rate of six (0) per centum
per annum, payable semi-annually, and
providing for the levy of assessments
on all tile taxable property of said
clly subject therein, In addition
to all other taxes, and requiring the
collection thereof, sufficient, to pay
tho Interest and principal of said ro
funding bonds promptly when and as
the sumo hecoiuo due, and repealing
all parts of Ihe charter in conflict
therewith: repealing all ordinances,
resolutions or orders, or parts there
of, In conflict herewith, and declaring
an emergency.
Whereas, it appearR from the report
of tile city recorder anil clly treasurei
of the clly of Central Point, Oregon,
heretofore presented lo this council,
and considered and approved and now
on file In Ihe office of the recorder,
that said city has outstanding, unpaid
and redeemable ilancroft Improvement
bonds. In the aggregate principal sum
or li:l.75t, Issued In (be year A. IV
1911, pursuant lo Ordinance Nos. 79
and NO, passed anil approved loapoe-
lively on November 21 ami November
2N. A. I), 1911, for certain street Im
provements, Including the laving of
trunk and lateral sewers, together
with luteiesi tnereon at the rale of
six per centum tier annum, which In
terest to the first day of November.
A. It HUT, amounts to ttie sum of
11.912. .".il.
heroa-i, !! further appears from
said report that said city has an out
standing tudeliiediiess evidenced by
warrants Issued during Ihe period
from September 7. 19!!. to November
1st, 1917. Incurred In connection with
ihe pavnient of Interest and incidental
expenses In:- said street Improvements,
iiieladin..'. Ihe laying of sewers,
ameimnmr lo (lie aggregate principal
sum of JJ.omiii, together with inter
est lliereun at tho rale of six Mil per
ei-nnnn per annum, which IntoicM
amounts lo $s;.o.:t!i; and
Wheieas. each and every of the
bonds and warrants hereinbefore men
ttonid n:ul specifically set forth In the
report of tile cily recorder and ettv
tveaMHer herelofure presented to this
council and now on file in the office
ot tin' cily recorder, ropveseiiis a valid
and Mailing obligation, incurred only
for law ful clly put p tsos. nuttltirlzed by
the constitution nnd laws of the slate
of OvoHon and the charier of said city;
and.
Whereas, II appears from (lie said
report of said city recorder and city
I oner of - :l-.l till tleil tli.-te ai e
no tuiidi III (he lrc;i;uij ul said citv
available for the payment of said In
dobtednosB, or any, part (hereof; and,
Wiiereas, il, Ih deemed udvtsablo and
to the best Interests of said city and
necessary to maintain the credit there
of that said bonded and warrant In
debtedness shall ho ratified, approved
and validated and that a charter meth
od shall he provided for the re-financing
of said bonded and warrant in
debtedness hereinbefore mentioned, by
issuing refunding bonds, and by mak
ing provision for the payment of said
refunding bonds;
Now, therefore, by reason of the
promises.
The People of the City of Central
Point do ordain and resolve as fol
lows: Section 1. Tho common council
hereby adopts and submits to the le
gal voters of said city an amendment
to the charter, being (he charter of
said city as adopted bv the legal vot
ers of said city on the 25th day of
February, A, D. 190s, as heretofore
amended, by adding thereto an articlo
designated Article XXV, said Article
XXV being in words and figures tho
following:
ARTICLE XXV.
CONSOLIDATED SPECIAL IM
PROVEMENT DISTRICT.
Section 1. All .assessments for
street Improvements, including the
laying of sowers, entered on the lien
docket of the City of Central Point,
Oregon, In tho yenr A. D. 1911, as for
taxes assessed and levied In favor of
said city, with interest on said assess
ments at the rale of six (0) per centum
per annum from tho date so entered
on said Hen docket until paid, remain
ing unpaid at tho time this articlo be
comes effective, whether or not im
provement bonds have been heretofore
issued to pay tho costs of the im
provements for which said assess
ments were levied, are hereby ratified
and confirmed, and declared to be
valid and binding assessments nnd
Hens against the respoctlvo proportlen
as sot forth In tho lien docket for snld
Improvements, and said unpaid as
sessments, together with said interest
thereon, shall be collected and said
Hens enforced as provided in this ar
ticlo. Section 2. The common council
shall by ordinance fix a date when all
such unpaid assessments, with accrued
Interest thereon to November 1, A. D.
1917, may be paid, In whole or in part,
and notice thereof shall he published
by the city recorder in two weekly is
sues of a newspaper of genera! cir
culation, published In the city of Cen
tral Point, or If there bo' no newspa
per published In said city, then said
notice shall 1)0 published in tho nows-
papcr of largest circulation In the clly
nearest to said city, tho first
publication to bo at least ten
days prior to tho dato so fixed
for payment. At any time with
in ten days after the first publication
of said notice, tho owner of any prop
erty against, which tliero is any such
unpaid assessment or interest thereon
mentioned In section 1 liereor, may rue
with the city recorder a written ap
plication to pay said assessment or
Interest, or both, ns the case may be,
In annual Installments, and such
written application shall slato (hat. the
said applicant and properly owner
does hereby waive all lrregularlltos or
defects, jurisdictional or otherwise, In
tho proceedings to Improve the street
or lay tho sower for which said as
sessment was originally levied and In
tho apportionment thereof under the
provisions of Ibis nrllcle, and doos
walvo any right to mnko payment of
said assessment In accordance with
the ilancroft bonding net. Said appli
cation shall also contain- a statement,
by lots or blocks or other convenient
description, of tho property of tho ap
plicant assessed (or such street Im
provement, Including the laying of
sewers. Said application shall also
contain a provision that tho said ap
plicant apd property owner ngroes to
pay said assessment In ten (10) equal
annual Installments, tho first Install
ment lo bo duo and payable November
1, 1921, with Interest nt tho rato of
six (11) per centum per annum, pay
able semi-annually, May 1 nnd No
vember 1, In. each year. During each
of the vears from November 1, 1917.
to November 1, 1921, Interest, only on
said assessments must bo paid. In
addition to the annual payments bore-
In provided, tho option Is given to
property owners to pay, at tho time of
each annual payment, one or more
tenths of tho unpaid balance with ac
crued interest to time of payment, hut
any such optional payment shall lie
considered ns payment of the next ma
turing Installment, or Installments, as
the case may he. .
Section 3. All said assessments
mentioned In Section I hereof which
arc not paid or for which applications
to pav in Installments lire not made
within the period of ten days, as here
inabove provided, shall bo collected In
accordance with the provisions of the
laws ot Oregon nnd the charter nnd
ordinances of said city applicable lo
said assessments nnd liens, as origin
ally levied and made effective, and nil
of snld assessments mentioned in Sec
tion 1 hereof, which are delinquent,-or
which shall hereafter become delin
quent nnd which are not paid, or for
which application to pay In Install
ments In accordance with this Article
XXV, are not made within Ihn said
period of ten days hereinabove pro
vlded. shall he colloelod and the liens
Iherefor enforced by the city officials
In accordance with the provisions or
mis article for the collection of de
linquent assessments ns hereinafter
In this article provided.
Section 4. And Ihe city officials are
hereby required, nnd It Is made their
duly, to make- tho collect-on or an ns
sessnumts and interest thereon men
tioned In Section 2 nt this nrllcle and
enforce navment thereof at the lime
mid In the manner ns authorized, pro-
vhieii inni rennlied bv law and (his
article nt Ihe charier, and they are
re.pilied and It Is hereby made their
,1 nt v lo malic collection of nil assess
ments and Interest thereon mentioned
in Section :i of this article, nnd en
force payment thereof at (be time nnd
in (he manner ns authorised, provided
and icqiilied by law and the provis
ion of the charter nnd ordinances np
olieiMo. as nrovliled In Section 3
lie,-,.,..- iiti.t the failure, refusnl or no
uloet of liny o frielal or officials of said
eilv to collect snld assessments and
nnv Interest, penalties and costs there
on, or to exercise nil moans and pow
ers .-lien him or them by slate law
or the charter and ordinances of said
eltv for Ihe enforcement ol men cor
i...ii,,ii r,,r n neriod ot six month af
ter same aro due, shall subject each
such official so falling, refining or
novl.vtitu: lo a pennllv o( twenty five
yer cout ot tho amount delinquent,
said penalty to be collected by suit In
the name of the city on the relation
of any bond holder or other, person
lawfully entitled to' the proceeds when
collected, of such delinquent assess
ment or any nart thereof.
Section 5. That oil such assessments
for which applications are made to bo
paid in enual annual Installments com
mencing November 1, 1921, as nrovlil
ed In Section 2 hereof, shall, by the
city recorder, be transferred to and
entered upon a consolidated lien
docket In which Bhall be entered:
(a) A description of each lot or
piece of oroperty assessed.
(b) Tho street nnd nature of Im
provement for which such assessment
waB made, and tho p-;mber of Ihe or
dinance declaring the original assess
ment.
(c) The name of the person to
whom assessed, as appearing upon the
apnllcatfon for pavnient in install
ments, as aforesaid.
(d) The sum originally assessed
against such property.
(e) The date of tho entry on the
consolidated lion docket.
(f) Tho unpaid principal of such
assessment.
(g) The date from which Interest
remains unpaid upon such unpaid
principal.
(h) Pnymenls of principal anil In
terest as same are made from time to
time on each piece, lot or parcel of
property.
Such docket shall stand thereafter
as Coisolldated Lien Docket, as for
taxes assessed and levied in favor of
the city, for the amounts of such un
paid assessments and Interest thereon
aB therein docketed, against each such
lot or niece or parcel of land or other
nroperty, until such assessments nnd
Interest are paid In the manner hero
in provided; and all such unpaid as
scssments and interest shall bo and
remain a Hen on each lot or ploco or
parcel of land or other property, re
spectively, In favor of the city, and
such l'-nt shall havo priority over all
oC'or liens and incumbrances whatso
ever. CONSOLIDATED IMPROVEMENT
DISTRICT AND FUND.
Section 6. The common council
shall, by ordinance, crento a consoli
dated Improvement district, compris
ing all improvements of streets; by
paving or otherwise, Including the lay
ing of sewers, heretofore made, any
assessments for which nre to bo paid
ns provided In Section 2 hereof, and
shall create a consolidated improve
ment district fund comprising the
samo. In hich shall be kept all as
sessments so paid, together with In
terest thereon. All such assessments
and lntorest thereon shall he paid to
the recorder and by him credited on
the lien docket and the proceeds do-
posited with the city treasurer, and
the same shall be used exclusively to
pay tho principal and Interest of the
refunding improvement noiuis nerem
after authorized.
REFUNDING IMPROVEMENT
HONDS.
Section 7. The common council
shall, bv ordinance, authorize the Is
suo of the refunding Improvement
bonds of said city, in convenient do
nominations, not exceeding $1,000
each, and in all equal to the total
amount of said unpaid - assessments
for such street Improvements, Includ
ing the laying of sewers, for which ap
plications to pay, under the provisions
of this article, have been filed as
aforesaid, together with, accrued In
terest, thereon to November 1. A. D.
1917, including the amouut of tho war
runts heretofore issued . and moneys
advanced by tho city out of any funds
for the payment of interest on the im
provement bonds and expenses Inci
dent, to said Improvements, said re
funding bonds, however, not to exceed
tho aggregate amount ot $S0,000, and
such bonds shall, by the terms thereof,
lie dated November 1, 1917, duo and
payable November 1, 1930, In gold
coin ot tho United States, and bear
Interest at six (f) per centum per an
num, payable semi-annually, said in
terest to be evidenced by coupons to
be attached to said bonds; provided,
tho right to (ako up and cancel such
bond or bonds, upon the payment of
tho face value thereof, with accrued
Interest to date of payment, at any
semi-annual interest payment date at
or after three years from (ho date of
such bonds, shall be and Is hereby
vested In tho city. Notlco stating that
certain bonds are to be taken up nnd
cancelled as aforesaid, and tlult the
Interest thereon shall cease at tho In
terest payment period next following,
.shall ho oubiished tu a newspaper
published and of general circulation
in said cily. or if no newspaper of
general circulation Is published thoro
lu, then in a newspaper of general cir
culation In said cily published nearest
to (lie city of Central Point, at least
once a week for two successive weeks
preceding said semi-annual interest
pavnient dale; and after said semi
annual interest payment date, of which
notice has been given as aforesaid. In
terest upon tho bonds designated In
the notice shall cease.
Section 8. Tho common council
sbnll bv ordinance provide the form
of said bonds, their date, denomina
tion nnd plnro of payment, and said
bonds shall be signed liv the mayor.
countersiimcd by the city recorder
an, I authenticated by the seal of said
citv impressed on eacli of said bonds.
and shall be registered consecutively
by number and dcnoniinatlim of each
in a hook to be kept by tho city re
corder, to be known and designated ns
the 'Refunding Improvement llond
iteitlstiir." Each of said bonds shall
have distinctly and plainly Inscribed
or nriiitnil on tho fjice thereof the rog
isieied number of said bond, and the
u-nr.ls "Itefumlhm linnriwenient Uond
1917, ' with the name of tho city Is
suing the same. The common council
shall sell such bonds nt public or pri
vate sale at such time and In such
manner, and on such terms ns It may
determine: the procee u thereof shall
b.. i.aiil bv the inircha-er to the clt
treasurer, nnd shall be applied to the
i-n.lomntion and navaieiit. In Humor
leal order, of a like amount of the
oiitstntolinir and Imolltd Ilancroft
bonds ot said city, Issued in 1911, anil
to Ihe redempllon and payment of the
coupons of such bonus held by -the
cily nnd warrants Issued by snld city,
and representing moneys advanced by
It from (axes nnd otherwise from lis
various funds by way of lonas, to
meet from time to lime maturing In
tcivst pnymonts on said bonds and in
cidental expenses incurred by satd city
In connection with said Improvements,
Including (be laying of sewers. Said
bonds shall be a charge upon the
property snbloot to said assessments.
-oi.l 111., amount or sii.l bonds SO Is
sued tilnill nol bo lUviiicd or lalvcu toj
be within, or any part of, any limita
tion of tho charter, or otherwise, aa
to the -indebtedness of said city. ,
INSTALLMENT PAYMENTS, IN
TEREST, PENALTY. i
Section 9. Any annual installment
of assessment, or semi-nnnunl Inter
est payment, as provided in Section 2
hereof, which shall remain unpaid at
the expiration of the time fixed for
such respective payments shall there
upon become delinquent, and Khali
bear a pennlty of five (5) per centum
upon the amount of such delinquency,
In addition to the bond rate unon the
principal sum so delinquent. Interest
and penalty shall bo included in. and
shall be a part of the assessment Hen.
Upon tiie expiration of the time
fixed for annual or semi-annual pay
ments, the recorder shall make up a
statement showing tho description of
each lot, piece or parcel of property
upon which any such assessment or
lntorest remains unpaid, and the
amount delinquent thereon. The re
corder .shall thereupon sell all prop
erty so delinquent for the amount of
such delinquency, with penalties, in
terest and costs as in this articlo pro
vlded.
SALES FOR DELINQUENT ASSESS
MENTS.
Section 10. Thirty (30) days after
any such annual or semiannual In
stallment or payment shall have be
come delinquent, the recorder shall
proceed to sell the property described
on said consolidated Hen docket so
delinquent and unpaid, for the amount
of such delinquency, together with
pennlty and Interest accruing to date
of sale, and for the costs of such sale.
He shall execute and deliver certlfi
cates of sale to the purchasers, and
assessment deeds to the persons there
unto entitled.
Tho recorder sbnll give notice of
such sales by publication. Such no
tice shall contain a list of all property
upon wdilch siich assessments are de
linquent, with the nmount of the ns
sessments, interests, penalties and
COStS, to date of Salo, together with
the names of the owners of such
property, or tho words "Unknown
Owners," as the snme may appear
upon said consolidated docket, andi
shall specify tho time and place of
sale, and that tho property therein
described will bo sold, to satisfy the
assessments, interests, penalties and
costs, due upon the same. All suchj
sales shall be made between the hours
of ten o'clock a. m. and four o'clock
p. m and shall take place at the front
door of the building in which the com
mon council holds its sessions. Such
sale shall be continued from day to
day, omitting Sundnys and legal holi
days, until all tho property described
in said consolidated lien docket on
which any such assessment, or in
stallment thereof, is delinquent nnd
unpaid, is snld. All such sales shall
he public, and each lot, tract or par
ecl of land shall be sold separately and
In the order In which tho name ap
pears upon the consolidated Hen
docket commencing at the beginning
thereof.
All lots, tracts and parcels of land
sold for delinquent and unpaid assess
ments shall ho sold to tho first person
at such salo offering to pay the
amount duo on ouch such iot, tract
or parcel of land. If there be no bid
der for any lot, tract or parcel of
land, for a sum sufficient to pay the
delinquent and unpaid assessment
thereon or installment thereof w;th
Interest, penally and cos'., too re
corder shall strike the same off to
the city for the whole amount wbicn
he is renui'-ed to collect by such sale.
If any bidder to whom any property
is stricken off at such salo does nol
nay the assessment, interest, penalty
and costs before ten o'clock a. ni. of
Ihe day following the day of such snlc,
such property must then be resold, er
If tho assessment salo is closed, bo
deemed to havo been sold to the city
and a certificate of sale shall he is
sued to the citv therefor.
RETURN OF SALE.
Section 11. Within fifteen (15) days
after tho completion of the sale of
nil property so authorized to be sold
as aforesaid, the recorder must file a
return in his office with a statement
of his action thereon, showing all the
property sold by him, to whom sold
and the sum paid therefor, and shall
deposit tho proceeds thereof with the
city treasurer, to ho kept in said con
solidated improvement, district fund.
CERTIFICATE OF SALE.
Section 12. After receiving, upon
such sale, Hie amount of tho assess
ment, penalty. Interest, costs and
charges, the recorder shall make out
a certificate, dated on the day of sale,
stating (when known) tho name of
the owner or owners as given on the
consolidated ben docket, a description
of the land sold, the amount paid
therefor, the name of tho purchaser,
that it w-as sold for the assessment,
giflng the names of the streets, or
other brief designation of the im
provement for which Ihe assessment
was made, nnd specifying that the
purchaser will be entitled to a deed
two years from tho dnte of sale, un
less redemption thereof be made. Such
certificate shall be signed by the re
corder nnd shall be delivered to the
purchaser, and shall he by such pur
chaser recorded in llio office of the
county recorder within thirty (30)
days from the date thereof. If not
recorded within said time, the Hen
thereof shall be postponed to claims
of subsequent purchasers and Incum
brancers for value and in good faith
who become such while the same Is
unrecorded.
The city recorder shall he Ihe cus
todian of nil certificates for property
sold to the city, and shai. nt any time
within two vears from the date of such
certificate, and before redemption of
the property therein described, sell
and transfer any such certificate to
any person who will make payment of
Ihe amount for which the property,
therein described, wus stricken off, to
gether with nil pcnnlttvs. Interest and
costs to date of sale of such certifi
cates, and such recorder may. If so
authorized by the council, sell nnd
transfer ruiy such certificate in like
manner after the expiration of such
period of two years from the date of
certificate.
LIABILITY OK RECORDER
TREASURER.
Section Ul. If (he Recorder or
Treasurer shall receive any monevi
for - assessments, giving a receipt
therefor, for any property nnd nftei
ward return the same as unpaid, or
shall receive the same nfler making
such return, and the same ho sold for
assessment which has been io , i. i
and receipted for by himself, his o'erk
or deputy, he nnd his bond shall he
liable to the holder of the ceililiiat
8lVl,u lt) puichuscr at the sal-
for the amount of the face of the whether tho same were lovled, asscss
certiflcato, and legal Interest to be de-J ed or issued prior or subsequent to
rnanded within two years from the
date of sale, and recovered in any
court having jurisdiction of the
amoimt, and the city shall In no case
be iiablo to the holder of such certifi
cate. RECORD OP PAYMENT.
Section 14. Whenever before the
sale of any property tho amount of
any assessment Iheroon. with interest,
penalty, costs and charges accrued
thereon, shall be paid to the recorder,
he shall thereon mark the same paid,
with the date of pavnient thereof on
the consolidated lien docket, and
whenever after the salo of any prop
erty for nny assessment, the same
shall bo redeemed, he shall thereupon
enter the same redeemed with the
date of such redemption of such rec
ord. - Such records shall be made on
the margin of the record opposite the
description of such ' property. .
PROPERTY HELD IN TRUST.
Section 15. Whenever the property
shall be bid in by the city, or be
stricken off to the city under and by
virtue of nny proceeding or proceed
ings provided in this article. - said
property shall be held in trust by said
city for said fund to the extent of the
.amount of the assessment or install
ment for which said nroperty was sold,
with penalty, accrued interest, atid in
terest on said installment to time of
next call for bonds; Provided, how
ever, that when any property shall
have been held by said city until tho
expiration of the time for redemption,
the city shall thereunon Immediately
pay into such fund from its general
fund or any funds at Its disposal, the
amount of the dolinquest assessment
for which said property was sold, and
all accrued interest, and Interest to
the time of tho next call for bonds
Issued against such fund at such bond
rate, and shall levy and collect such
tax as may be necessary to reimburse
said fund or funds for the amount
, nanri to nnv cneh ftnl innnen t fiKSPss-
,,,,. ,,,, Intoat nnri noon tho eltv
making such payment it shall receive
a deed to said property and shall take
and hold said property discharged of
such trust, but may sell same as here
inafter provided, and use the proceeds
to reimburse itself for moneys nnd
taxes so advanced to pay said delin
quent assessments and Interest.
SALE OF PROPERTY HELD IN
TRUST.
Section 10. The city may at any
time after tho period of redemption
has expired and deeds Issued to said
city under and by virtue of any pro
ceedings mentioned in this act, Bell
any such property at public auction
to the highest bidder for cash, but no
bid shall ho accepted for any amount.
less than tho amount set forth in said
deed, plus accrued interest to date
of sale, computed -on the assessment,
for which said properly was sold from
the date of the execution of said deed,
and all the delinquent, assessments
and taxes that may stand against said
property with accrued interest there
on, penalties, costs and other charges,
and the said city shall pay into said
fund for which said property was held
in trust so nu:"li thereof as shall fully
cancel the assessment for which said
property was sold, together with all
interest thereon, unless said city has
theretofore paid tho amount of such
assessments, penalties, interest and
costs, into snld consolidated improve
ment district fund, unon receiving a
deed for snid property, as above pro
vided. Any such salo shall be bad only
upon notice by publication setting
forth a description of Ihe property to
be sold, that the city Recorder will
sell such property on the day speci
fied at the front door of the building
in which the common council holds its
sessions, between tile hours of ten
o'clock a. m. and four o'clock p. m..
and continue such sale from day to
day, or withdraw such property from
sale after the first day if the Re
corder in his discretion deems that
the interests of the city so require:
Provided, that at least fifteen days
shall elapse between the date of !ri3t
publication of such notice and the day
such property is sold.
REDEMPTION AND DEED.
Section 17. Any property so sold
for an assessment shall he subject to
redemption by the former owner, or
his grantee, mortgagee, heir or other
representative at any time within two
years from the dato of the sale, upon
the payment to the Recorder for the
purchaser of the amount for which
the snme 'was sold, with interest at
the rate of fifteen per cent (15rr) per
annum, together with nil taxes and
special assessments, interest, penal
ties, costs ami other charges there m
paid by the purchaser of such prop
erty nt or since such sale, with like
interest theroon. Unless written no
tlco of taxes and assessments subse
quently paid, and the amount thereof,
shall be deposited with tho Recorder,
redemption mny be made without in
cluding the same. On nny such re
demption being made, the Recorder
shali give to the redctnptionor a cer
tificate of redemption therefor, aud
pay over the amount so received to
the purchaser of tho certificate of
sale, or his assigns. Should no
demption be made within said period
of two years, the Recorder shali, on
ilemaud of the purchaser or his as
signs, and ttie surrender to blm of
'Hie certificate of sale, execute (o
such purchaser or his assigns, a deed
for ttie proiiorty therein described:
Provided, (hat, no such deed shall be
executed until the holder of such cer
tificate ot sale shall, according to the
record in tho office of the County Ro
corder, have notiflort t owners of
such property that bo holds such cor
tificate. and that he will demand a
deed therefor. Said notice slinll he
given by personal service iiMm said
owners: Provided, that in ense said
parlies are non-residents of the state
or cannot he found therein after dill-
gent search, then such notice may be
given by publication once a week for
three successive weeks. Such notice
nnd return thereof, with tho affidavit
o fthe person, or in tho case of ttie
city, of the Recorder, claiming such
deed showing that such service was
ninite sbnll he filed In tho office of
,NDiSnj, Recorder. If, notwithstanding
such notice, no redemption be mad.
within sixty dnvs after the date of
service .or the date of first pnbllca
tion of such notice, the bolder of such
certificate of sale shall tie entitled to
a deed thereon. Such deed shall he
ex-'cu'od only for the property tie-
--!-- i -a the certificate, nnd after
p.ivmciu ol all delinquent tnxes and
special assessments thereon, or In
stallments thereof, the certificates of
ielinqiient-v or other cert li Icates 1
aucd for special or local assvssiueuts,!
the issuance of said certificate of sale:
ProvTded, that any such deed may he
issued to tho city for tho face amount
for which said certificate of salo. was i
issued, plus accrued interest, costs,
penultics aud charges, and shall be
held by (be city subject to the Hons
of general taxes and siieclal assess
ments. The deed shall be executed In tho
name of the city: shall recite in sub
stance tho matters contained in tho
certificate of sale, the notice 'to the
owner, and that no redemption has
I been mado of the property within the
j time allowed by lnw. The deed shall
: be signed and acknowledged by the
Citv Recorder, as such, nnd shall be
prima facie evidence that the, prop
erty was assessed according to and
as required by law; that the assess
ment was not paid; that tho property .
was sold as required by law; that it
was not redeemed: that due notice of -demand
for deed had been given, and
that the pei'Bon executing the deed
was the proiier officer; and the deed,
shall be conclusive evidence of tho
regularity of all other proceedings
from the assessment, ui) to and in
cluding the execution of the deed, and
shall convey the entire . fee simple
title to the property therein describ
ed, except ns otherwise provided here
in for the city, stripped of all liens -and
claims except taxes and assess
ments for local improvements or fn
stallments thereof, not delinquent.
Such deed, nt tho expiration of one
year from its issuance, shall in all re
spects hecomo absolute, and no suits
of any kind or character shall be
maintained or shall set aside or annul
the sale of said property for said lien.
In case any sale of property shall be
vacated or set aside or deciared void
by any court within the time herein
limited, because of any irregularity or
defect in the proceeding leading up to
the levying of the assessment, where
on same is based, or In the collection
thereof, or the proceedings leading up
to the sale of said property, the city
shall, upon tho application in writing
setting forth said facts with a certi
fied copy of such judgment or decree
attached thereto, repay to the pur
chaser at said saio, or his assigns, the
amount, paid by him at said sale, to
gether with all special assessments,
interests, penalties and costs thereon
paid by him at or since such sale with
interest thereon at the rate of six per
centum (C7r) per annum.
The City Recorder shall charge for
the Issuance of each certificate of salo
the sum of fifty cents; for eacl deed
the sum of one dollar.
FORECLOSURE.
Section IS. The city may proceed
wilh the collection or enforcement
of any delinquent assessment, or de
linquent installment, wether the samo
become n lien after this act shall be
come effective, or prior thereto, by
proceedings in court therefor in an
action brought in its own name, in tho
Circuit. Court of Jackson county. It
shall nol he necessary to bring a sep
arate suit for each such separate
piece or parcel of properly delin
quent, but all or any part of the
property delinquent may be proceeded
against In Ihe same action, and all or
any of the owners or persons inter
ested in any of the in-operty so de
liuouent may he joined as parties de
fendant in the action to foreclose, and
all or any liens for such delinquent as
sessments or installments thereof, ,
may be foreclosed in such proceeding.
Such proceedings sbnll be tried before
the court without a jury. In any such
proceedings it shall be sufficient to
allece the passage of (be ordinance
nroviding such Improvement, the mak
ing of such improvement, the levying
of the assessment, its entry on the
consolidated lien docket, the date of
delinquency of such assessment or In
stallment, and that such assessment
was not paid prior to such delinquency
or at all. Such lien docket, or duly
authenticated copy thereof, sbnll be
prima facie evidence of the regularity
and legality of the proceedings con
nected therewith, nnd the burden of
nroof shall be on the defendants. In
any such notion where tho owuers or
parties Interested In any particular
iot, tract or parcel of land or other
property Included in such suit, shall
suffer a default, the court may enter
judgment of foreclosure and salo as
to such parties nnd property so in de
fault and order execution thereon, nnd
the action may proceed as to tho re
maining defendants and property. Tho
judgment of tho court shall specify
separately the amount of the assess
ment, or installment thereof with In
terest, penalty and costs, chargeablo
to the several lots, tracts and parcels
of land in such proceedings. Such
judgment shall have the effect of a
separate judgment ns to each lot,
(ract or parcel of land, described In
such judgment, and any appeal from
such judgment, shall not invalidato or
delay the judgment except as lo the
property concerning which the appeal
Is taken. In entering judgment the
court shall decree that such lots,
tracts or parcels of land be sold to
enforce such judgment, and execution
shall Issue for the enforcement of
such decree. Judgment may ho en
tered as to any one or more separate
lots, tracts, or parcels of land Involved
in such proceedings, nnd tho court
may retain jurisdiction of the case
as to the balance. All proceedings
supplemental to judgment, including
appeal, order of sale, sale, period ot
redemption anil, the issuance of deed,
shall bo had and conducted in accord
ance with Ihe law, now or hereafter
In force, relating to property sold un
der or upon foreclosure of real es
tate niort;;agcs.
LIEN" OF PURCHASER.
Section 19. The purchase! at any
sale authorized in this act acquires a
lien on the properties so hid in by him
for the amount paid by blm nt such
sale as well as for all taxes and de
linquent assessments, or delinquent
installments thereof, nnd certificates
of dollnipienoy, and nil interest, pen
alties, cosls and charges thereon
whether levied previously or subse
quently lo such sale', and whether for
state, county, city or school district
purpose, subsequently paid by hlin
on such property, and shall be en
titled to' interest at the rate of fifteen
per cent il.v-;) per annum on the
micinal nmount paid by him from tile
date of snid sale, and uiKin such sub
sequent payments from the date of
llio pavnient of the resiiectivo
amounts.
LOCAL ,s;FVFNTS TO RE IN
CLUDED IN CEitTI'.'ll'ATES OF DE
LINQUENCY FOR GENERAL TAXES
Section 20, The holder ot any cer-
ii'u.ite of d liuquency for general
taxes shall, before coiutneucliig any
1