To ascertain paid to or received by owner. SECTION 12. If the damage to any person be greater difference to be than the benefit received, or if the benefit be greater than the damages, in either case, the jurors shall strike a balance and carry the difference forward to another column, so that the assessment will show what amount is to be received or paid by such owner or owners respectively, and the difference only shall be in any case collected of them or payable to them. When lands judgment or mortgage. SECTION 13. If the lands or buildings belong to subject to lease different persons, or if the land be subject to lease, judgment or mortgage, or if there be any estate in it less than an estate in fee, the injury done to such person or interest respectively, may be awarded to them by the jurors, less the benefits resulting to them respectively from the proposed improvement. Award of ju rors. SECTION 14. Having ascertained the damages and expenses of said improvement, as aforesaid, the jurors shall thereupon apportion and assess the same, together with the costs of the proceedings, upon the real estate by them deemed benefited, in proportion to the benefits resulting thereto from the proposed improvement, as nearly as may be, and shall describe the real estate upon which the assessment may be made. The award of the said jurors shall be signed by them and returned, together with the testimony taken, to the common council, within the time limited in the order of their appointment; and thereupon, if the common council shall deem it expedient, they may, by ordinance, order such street to be opened or widened, or may be ordered such improvements to be made, and an assessment made in pursuance of such award; and if the common council shall not deem it expedient to open or widen such street, or to make such improvements, they shall, by resolution, order all further proceedings upon such petition to be discontinued. Proceedings discontinued. When lands SECTION 15. The land required to be taken for the may be taken. purpose mentioned in this act, shall not be appropriated until the damages awarded therefor to the owner thereof shall be paid or tendered to the owner or his agent, or in case the said owner or agent cannot be found, or is unknown, deposited to his or their credit in some safe place of deposit, under the direction of the judge of the circuit or county court of Waupaca county; and then, and not before, such lands may be taken and appropriated for the purposes required, and the same shall thereafter be subject to all the laws and ordinances of the city. assessments. SECTION 16. Whenever any improvement chargeable City clerk to to the property adjacent thereto shall have been de. give notice of termined upon, the proportion of the costs properly chargeable to each lot, part of lot or parcel of land, subject to contribute to the payment of the same, shall be ascertained, and the city clerk shall forthwith issue to each person occupying such premises, liable to contribute, a certificate stating the amount assessed and chargeable to the premises occupied by such person, and the amount so chargeable to any particular lot or parcel of land shall be, from the time it is so ascertained a lien and charge thereon, and upon no other property, and the said amount shall be entered against such lot or lots in the tax warrant for the year in which the assessment is made and collected in the same manner as other taxes. The damages assessed shall be paid or tendered or deposited as herein required, within twelve months from the confirmation to be paid." of such assessments and reports; and if so paid, tendered or deposited, the proceedings in such case shall be void. When damages be taken is under lease or mortgage. lease gage. SECTION 17. When the whole of any lot or tract of When land to land or other premises, under lease or under contract, shall be taken by virtue of this act, all the covenants, contracts or engagements between landlord and tenant or any other contracting parties, touching the same or any part thereof, shall, upon confirmation of such report, respectively cease and be absolutely discharged. SECTION 18. When only part of a lot or tract of land When part of or other premises so under lease, or other contract land is under shall be taken for any of the purposes aforesaid, allor mortcovenants, contracts or agreement respectively, the same upon the confirmation of such report, shall be absolutely discharged as to the part thereof so taken, but shall remain valid as to the residue thereof, and the rents, considerations and payments reserved, payable and to be paid for and in respect to the same, shall be so proportioned that the part thereof justly and equitably payable for such residue thereof, and no more, shall be paid or recoverable for or in respect to the same. SECTION 19. When any known owner of lands [or] tenements affected by any proceedings under this act shall be an infant or labor under any disability, the judge of the circuit court of Waupaca county, or the judge of any court of record in said county, may, upon the application of the common council, or such party or his next friend, appoint a guardian for such and is under legal disability When owner of Jurors to take oath. Appeal from assessment. Survey and profile to be made. Common coun property, lay party, and all notices required by this act shall be served on such guardian. SECTION 20. After the jurors shall have made their report as to the necessity of taking any lands under this act, and the same shall have been confirmed, the common council shall have power to appoint new jurors in the place of any who shall neglect or refuse. to serve; and the jurors, before entering upon the discharge of their duties, shall severally take an oath before some competent officer, that they are freehold ers of said city, and not interested in the premises proposed to be taken, and that they will faithfully and impartially discharge the trusts reposed in them. SECTION 21. Any person whose property is taken, or against whom any assessment is made, may, within ten days from the return of the jurors to the common council appeal from said assessment of damage or benefit, to the circuit court of Waupaca county, where such appeal shall be tried by the court and jury, as in ordinary cases. The common council shall have the same right of appeal. After the award and assessments heretofore provided for shall have been made, and it shall have been found that the amount of such assessments over and above the amount of the awards shall not be sufficient to pay the whole cost of any such contemplated improvement, the amount of such deficiency shall be assessed by the common council upon the city. SECTION 22. Whenever any public grounds, street or alley shall be laid out, widened or enlarged, or other public improvements be made, under the provisions of this chapter, or this act, the common council shall cause an accurate survey and profile thereof to be made and filed in the office of the city clerk. SECTION 23. Nothing in this chapter shall be concil may acquire strued as preventing the common council from acout streets, etc. quiring private property for the uses in this chapter designated by gift, agreement, purchase, or in any other manner which may be provided by the laws of this state, and of laying out public squares, grounds, roads, streets, highways and alleys through the same, and to make all necessary and proper improvements, as fully as under the provisions of the foregoing chapter. CHAPTER VI. IMPROVEMENTS OF STREETS AND SIDEWALKS, ETC. struction of be passed. SECTION 1. Every ordinance, resolution or by-law Ordinances for providing for the repairing, construction or recon- repair or construction of any sidewalk or gutter, or for the grad- streets-how to ing, repairing or improving any street or alley at the expense, in whole or in part, of the owners of the lots or parcels of land abutting or fronting such sidewalk, gutter, street or alley, shall, on being introduced at a meeting of the common council, be referred to some appropriate committee, and any such ordinance, resolution or by law, shall not be passed or adopted sooner than fourteen days after the introduction thereof, nor until ten days after the proceedings of the council had relative thereto, at the meeting when such ordinance, resolution or by-law was introduced shall have been published in the official newspaper of said city. SECTION 2. The common council of the city of Waupaca shall have power to establish the grade of the streets. streets of said city, and to change and re-establish such grade as they shall deem expedient; provided, that whenever they shall change or alter the grade of any street, any person who shall claim to have sustained damages by such change or alteration of grade shall have his right of action against the city for the recovery of such damages, but no suit shall be commenced against the city therefor until application has been made to the common council to pay such damages and said council shall have refused or neglected for three months to pay or settle the same. Grade of intendent of streets. SECTION 3. It shall be the duty of the superintend- Duty of superents of streets to see that all ordinances of the city relating to the obstruction and cleaning or clearing of sidewalks, streets, alleys, public grounds, reservoirs, gutters, sewers, waters and water courses in said city are duly observed and kept, and direct and control the persons employed therein. Under the supervision of the common council the superintendent of streets shall have a general supervision over all the works let by contract for the improvement of streets or sidewalks in said city unless the common council shall otherwise pro ide. SECTION 4. Sidewalks shall be constructed, re-con- Construction structed or repaired upon the proper established grade and repair of of any street in said city, of such width, in such 35-LAWS. sidewalks. Powers of council in ordering construction or repair of sidewalks. manner, of such materials and in such time as the common council by ordinance, resolution or order shall direct by the owner or owners of any lot or piece of ground in front of which such sidewalk shall be ordered. If the owner or owners of any such lot or piece of ground shall not construct such sidewalk as aforesaid, in the manner, of the materials, or at the time as so directed, the common council may cause the same to be constructed forthwith at the expense of such owner or owners. The contract for the construction of any such sidewalk shall be let to the lowest, reasonable, responsible bidder, and notice shall be given by publication in the official paper of the city by at least one insertion thereof of the time, place and manner of receiving such bids. The common council shall levy a special tax upon each lot or piece of ground in front of which any sidewalk shall be constructed by contract sufficient to pay the cost of constructing the same; provided, that no such contract shall be let until twenty days after notice shall have been given to such owner or owners of the ordinance, resolution or order, requiring the construction of such sidewalks by the publication of the same by at least one insertion in the official paper of the city; provided, further, that nothing herein contained shall prevent the common council from directing the work to be done by the superintendents of streets or by the city without letting the same as herein before provided. SECTION 5. The common council shall have power, by a vote of a majority of all its members, to order the building, construction, reconstruction or repair of sidewalks in the city of Waupaca, in such manner as they may deem proper. The city clerk shall, in case the city council propose to let the work to the lowest bidder, receive proposals for constructing and repairing sidewalks, and shall open them in the presence of the council, which shall award the contract to the lowest responsible bidder; provided, such bid is a reasonable one, subject to such provisions, in case of violation of contract, and to such other particular provisions as the council may prescribe. The proceedings for ordering the repair of sidewalks, and levying and collecting special taxes on the respective lots to pay for the same, shall be the same as herein provided as in case of constructing a new sidewalk, except as otherwise provided in this section. No contractor for building or repairing sidewalks, shall receive any pay |