Repealing clause. Comp. Stat.,75. ing to the general fund in the treasury not otherwise appropriated for the purpose of carrying into effect the provisions of this act. SEC. 19. Chapter 11 of the compiled statutes Gen. Stat.,101. entitled "Census" is hereby repealed. Emergency clause. SEC. 20. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved February 19th, A. D. 1885. CHAPTER 11. Disposing of mortgaged property. Penalty. 1877, 5. AN ACT to prevent the fraudulent removal out of the county of mortgaged personal property, and to provide a penalty for the violation of this act. Be it enacted by the Legislature of the State of SECTION 1. That any person who after having conveyed any article of personal property Comp. Stat.,83. to another by mortgage, shall, during the existence of the lien or title created by such mortgage, remove, permit, or cause to be removed, said mortgaged property, or any part thereof, out of the county within which such property was situated at the time such mortgage was given thereon, with intent to deprive the owner or owners of said mortgage of his security, shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for a term term not exceeding ten years, and be fined in a sum pot exceeding one thousand dollars. clause. SEC. 2. Whereas an emergency exists for the Emergency taking effect of this act, therefore be it enacted that this act shall take effect and be in force from and after its passage. Approved March 7th, A. D., 1885. CHAPTER 12. AN ACT to provide for viaducts, bridges and tunnels, in Be it enacted by the Legislature of the State of construction. SECTIOE 1. That the mayor and city council May aid in any city of the first class shall have power, whenever they deem any improvement, herein provided for, necessary for the safety and convenience of the public, to engage and aid in the construction of any viaduct, or bridge over, or tunnel under any railroad track or tracks, switch or switches in such cities, when such track or switches cross or occupy any street, alley or highway thereof, in the manner and to the extent hereinafter provided. precedent SEC. 2. Whenever any such viaduct, bridge Conditions or tunnel shall be deemed necessary, as provided' to contract. in the preceding section, the mayor and city council shall have the power to secure and adopt plans and specifications therefor together with the estimated cost of the work, and thereupon, if the railroad company or companies across. whose tracks or switches the work is proposed to be built, will assume three-fifths (3-5) of the Special assessments. entire cost thereof, and three-fifths (3-5) of all damages to abutting property on account of construction of said viaduct, bridge or tunnel, and secure to the city the payment of the necessary funds to meet it as the work progresses, in such manner and with such security as the mayor and city council shall require, and when the payment of the further sum of one-fifth (1-5) of the money required for said improvement is arranged for in manner satisfactory to said mayor and council, either by private donation or by execution of good and sufficient bond as will protect said city from the payment of said onefifth (1-5), then the said mayor and council may proceed to contract with the necessary party or parties for the construction of such viaduct, bridge or tunnel under the supervision of the board of public works of such city, and to provide for the payment of one-fifth (1-5) of the cost thereof by the city, by special tax on all taxable property in such city, and one-fifth (1-5) by special tax to property benefited, as provided in the following section, if not otherwise provided for. SEC. 3. The money necessary to pay twofifths (2-5) of the entire cost of any such viaduct, bridge or tunnel, which the city is to bear, shall be raised as follows, viz: one-fifth (1-5) of the entire cost of the work, or so much thereof as shall be covered by special benefits, shall be paid by special assessment or special taxation of real property benefited by said improvement, which benefits shall be appraised and assessed by the mayor and council upon property benefited, and according to benefits, and in such manner as said mayor and council shall direct and determine; such assessment to become due and payable within fifty days after the levy is made; and the payment of all such assessments shall be enforced in the same manner, and with like penalties for delinquencies, as are provided in the case of special assessments for the paving of 'streets in such city. And the remainder one-fifth (1-5) together with two-fifths (2-5) the cost of damages to abutting property, required to be paid shall be paid by said city, and shall be paid out of a special fund created and raised for the purpose of defraying the cost of such improvement, and by a tax on all the taxable property within the city; and such tax to be levied when ordered by the mayor and council, and payable at the same time as the city taxes for general city purposes. street railway. SEC. 4. The city, with the assent of the May permit railroad company or companies aiding in the construction of any such viaduct, bridge, or tunnel, as herein provided, may permit any street railway company to build its street railway track and operate its railway upon or through the same, upon such terms and conditions, and for such compensation as shall be agreed upon between the city and the street railway company. And the compensation paid for such use shall be set apart and used towards the maintenance of such viaduct, bridge or tunnel. of damages. SEC. 5. Before entering upon the construc- Appraisement tion of any work contemplated by this act, the May pass ordinances. Emergency clause. said mayor and council shall provide for assess- SEC. 6. The mayor and council of any such SEC. 7. There being an emergency for the taking effect of this act, the same shall take effect and be in force from and after its passage. Approved March 4th A. D. 1885. CHAPTER 13. AN ACT to amend sections eleven (11), twelve (12), fifty three |