24 real estate, how given. Notice of selling advertisement for three weeks successively, once in each week, in a daily newspaper, to be designated by the Common Council, printed and published in said city, or if the Common Council shall so order, said notice shall be given by printed or written advertisements, posted at least three weeks before said sale in six of the most public and conspicuous places of the city, one of which shall be in the Real estate sold, ward where the real estate to be sold is situated: Provided, That real estate so sold shall remain subject to any claim which the State or the county of Vanderburgh may have thereon for taxes or by mortgage judgment or recognizance. SEC. 5. Section fifty-two of said act is hereby amended When lots sold, SO to read as follows: Section 52. The owner or claimant to remain, subject. and how. redeemed when, of any lot or part of lot, sold as aforesaid, or any person on behalf of such owner or claimant, may redeem the same at any time within two years from the day on which it was sold, by depositing with the Treasurer aforesaid, for the use of the purchaser, the amount for which the same was sold as aforesaid, together with interest thereon at the rate of fifteen per cent per annum from the day of sale to the day of making such deposit and redemption. dorse certificate, sale of lot. Treasurer to ac knowledge cer competent officer. SEC. 6. Section fifty-three of said act is hereby amended so as to read as follows: Section 53. After the expiraTreasurer to in- tion of two years from the day on which any lot or piece of two years after lot has heretofore been sold or shall hereafter be sold for taxes, it shall be the duty of the Treasurer to endorse on [the] certificate of the sale thereof given by him on application of any person holding the same, a statement of the fact that the lot or piece of lot mentioned in such certificate, has not been redeemed, which statement or certificate of the Treasurer shall be, by him, acknowledged before some comtificate before petant officer, and such certificate of the Treasurer, acknowledged as aforesaid, together with the certificate of sale made and acknowledged as aforesaid, shall have the effect to vest in the person who purchased the property chaser, his heirs therein described at the Treasurer's sale, or his heirs or feasible title and assigns, from the day of such sale an absolute and indeestate in fee feasible title and estate in fee simple to and in the lot or piece of ground in such certificate described, and shall be Certificate, how admitted to record in like manner and with like effect as other conveyances of real estate, and shall be conclusive evidence of the regularity of the Treasurer's sale, and shall not be set aside, annulled or held invalid in any court except upon proof of one or more of the following facts, viz.: Certificate, how First, That the lot or piece of lot in such certificate described was not subject to be taxed. Second. That the taxes charged or properly chargeable thereon were actually Certificate to or assigns, inde simple recorded. set aside or certificate, to fendants in such corded deed, not to affect paid to the Treasurer or his deputy, or tendered and refused before the sale. Third. That the same was redeemed as herein provided, within two years from the day on which it was sold by the Treasurer. Any person holding such cer- Persons holding tificate of title to any lot or piece of ground may com- quiet title, how. mence a suit in any court of competent jurisdiction to quiet his title thereto without taking possession of such lot or piece of ground, and all parties who have, or claim to have, Who may be deor appear of record in the Recorder's office of Vanderburgh suit. county, to have any interest in such land may be made defendants in such suit, and no outstanding recorded deed, Outstanding remortgage or claim shall be of any effect as against the title mortgage claim, or right of the complainant; and if upon the hearing of title. sach cause it shall appear that the complainant's title was Suit not disinvalid for any cause not specified in this section such suit plainant's title shall not be dismissed by the court, but the court shall not valid. ascertain the amount due to the complainant for principal tain amount due and interest, to be computed at fifteen per cent per annum, complainant. and shall decree the payment thereof within a reasonable When to be time by the owner of such lot or piece of ground, and in default thereof shall direct that such land be sold therefor, and that the equity and right of redemption of all defend- Right of reants in such suit and all persons claiming under them shall closed. be forever foreclosed. The proceedings in such cases shall Proceedings, be conducted in the same manner, as near as may be, in conformity with the practice in case of foreclosure of mortgages. missed, if com Court to ascer paid. demption, when how conducted. on real estate, petual for taxes SEC. 7. Section five of an act entitled "An act to amend the fourth, fifth, twenty-sixth, thirty-fifth and fifty-eighth sections of an act entitled 'An act granting to the citizens of the town of Evansville, in the county of Vanderburgh, a city charter,' approved January 27, 1847; approved March 7, 1873," is hereby amended so as to read as follows: Section 5. The lien of said city for all taxes levied by said Lien to attach city, shall attach on all real estate from the time the assess- and to be per ment roll is made out and completed, and such lien shall due. be perpetual for all taxes due from the owner thereof, which have heretofore accrued or shall hereafter accrue, with the interest and penalties in such case until payment, which Sale or transfer lien shall in no wise be affected by any sale or transfer of lien. any such real estate; all the property, both real and per- Ronal property sonal, situated in said city, shall be liable for the payment liable for payof all taxes, penalties, interests and costs charged to the Partial payowner thereof in such city, and no partial payment of any charge or resuch taxes, penalties, interest or costs shall discharge or re- lease property lease any part or portion of such property until the whole until whole is be paid, which lien shall in no wise be affected or destroyed Sale or transfer by any sale or transfer of any such personal property, and Taxes shall have all taxes, either upon personal property or real estate, shall preference over not to affect Real and per ment of taxes. ment not to dis paid. not to affect lien. private claims. Penalty. have preference over private claims. There shall be a penalty of ten per centum upon all taxes due from such person when the same remain unpaid after the expiration of three months after the duplicate roll shall have been made out, completed and placed in the hands of the Treasurer for collection in such year, and six per centum per annum interest shall be charged thereon from and after the expiraPenalty to be a tion of the said three months, both of which shall be assessed by the Collector, and shall be a lien on said property to the same extent as the aforesaid taxes. lien on property. to petition Com improvements SEC. 8. Section five of an act entitled "An act to amend sections thirty-six and fifty-eight of the act entitled 'An act granting to the citizens of the town of Evansville, in the county of Vanderburgh, a city charter, approved January 21, 1847,' and adding a supplementary chapter thereto, abolishing the office of City Collector of said city, and requiring the City Treasurer to perform the duties of City Collector, and construing the forty-first clause of the thirtieth section of the charter of said city, with an emergency clause thereto," approved March 12, 1875, is hereOwners of lots by amended so as to read as follows: Section 58. Whenmon Council for ever the owners of lots or parts of lots shall desire to have streets, alleys. any improvements or repairs made in or upon any street or alley, or part of any street or alley, in front, in rear, or adjoining such lots, or parts of lots, by grading, paving, graveling, curbing, guttering, laying side-walks, or in any other way, and the owners of five-eighths of the whole number of front feet of ground on each side of the street or alley, or part of street or alley, proposed to be improved, shall, by themselves or agents, express their desire by petition to the Common Council, stating in such petition, distinctly and plainly, the kind of improvements Common Coun- or repairs desired to be made; or when the Common Counthirds vote of cil shall, by a vote of two-thirds of all the members therecanse improve- of, without petition, determine that any such improvements or repairs are necessary, it shall be the duty of the Common Council to cause such improvements or repairs to be made in the best and most economical manner, and the ex costs and expenses thereof shall be assessed and charged on all lots or parts of lots fronting or abutting on, or adjoining the street or alley, or part of street or alley, or part of alley, so improved or repaired as aforesaid, equally, per foot, fronting, abutting or adjoining said improvement; and the How assessed. said costs and expenses shall be assessed and charged to said lots or parts of lots so adjoining or abutting upon such street or alley, in the manner pointed out and provided by general ordinances, and from the time of such assessment and charge upon said lots, or parts of lots, upon the cil, by two members, may ments and pairs to be made. Costs and re penses to be as- charged on lots Assessment to form a lien on precedence of all taxes. tion costs and provements and proper books or accounts of the the city, in conformity with such ordinance, the said assessment shall form, consti- lots to take tute and be a lien upon such lots, or parts of lots, and take liens, except precedence of all other liens thereon, except taxes; and the Ordinance proCommon Council may provide, by general ordinance, for viding collecthe collection of the costs and expenses of any such repairs expenses of reand improvements, and provide, also, by such ordinances pairs and imfor the sale and conveyance of the fee simple, or any other for sale and coninterest in such lots or parts of lots, on which such costs simple or other and expenses shall remain unpaid, and such sale shall vest where unpaid a good and indefeasable title in the purchaser to the estate, Such sale vest or interest so sold and conveyed. Public notice of the chaser. time and place of every such sale shall be given by publi- Notice of sale, cation in a newspaper, printed and published in the city, for not less nor more than once a week for three weeks suc veyance of fee interest in lots, title in pur how given. lected in action conveyance not cessively, next before the sale. In all cases, however, if Cost may be colthe Common Council shall so order, said costs and expenses to enforce lien. may be collected by an action to enforce the lien heretofore created and provided for, as other liens are enforced against real estate in any court of general jurisdiction, without relief from valuation or appraisement laws; and no inform- Lien, sale, or ality, technicality, error, or omission of, or in, any order of vitiated, how. the Common Council, directing the making of such improvements or repairs, nor in making the assessment and apportionment of the costs and expenses of the same upon such lots or parts of lots, shall vitiate any lien, sale, or conveyance made under the provisions of this act and the ordinances thereunder duly passed, nor afford the defendant a defense in any action for the collection of any such costs and expenses, or for the enforcement of the lien therefor, if such improvements or repairs are made in substantial conformity with the provisions of this act and the ordinances passed for carrying the same into effect: Pro- Real estate sold vided, That in all cases where real estate is sold without sure proceedforeclosure proceedings in court, the same right of redemp- demption shall tion shall exist as are now allowed in case of sale for taxes; ex st how. and in all cases where real estate is sold by foreclosure, the same right of redemption shall exist as now exists upon ordinary foreclosures: Provided, further, That the city of City may pay Evansville may pay out of its treasury a half of the cost and expenses of such improvements or repairs other than side-walks and alleys; and in the event it elects so to do, the other half of such costs and expenses shall be assessed and charged on all lots or parts of lots abutting or adjoining as aforesaid; and the provisions of this act, including Provisions of remedies, shall govern any improvements or repairs made ern what. hereunder, whether the same be charged in whole or in part against the lots or parts of lots abutting or adjoining without foreclo ings, right of re what costs. this act to gov Contractor's contract. be collected in as aforesaid: Provided, also, That the Council, in making a contract for any such improvement or repairs, shall make it a part of such contract, that the contractor for making any such improvements or repairs, shall receive, in lieu of so much money, the several assessments against the abutting owners made in accordance with this section; and all the remedies of the city for collecting said assessments as herein provided, shall be assigned and transferred to said contractor, who shall thereupon have full authority to collect the said assessments in his own name, in the manner provided in this section, in all respects as fully as the city Assessments to is herein authorized to do; and the Common Council, in installments. making any such improvements or repairs, may order that the assessments made for the payment of the same shall be collected in two or more installments, on estimates to be make estimates, made by the City Surveyor, either during the progress of the work or after its completion; and in that case the city or the contractor shall have the right to enforce the collection of each of said installments in the manner herein proHow much col- vided; but, prior to the completion of the improvements or repairs, no more than eighty-five per centum of the value improvements of the work then done shall be collected. The provisions of this act shall in no way affect or apply to contracts for improvements or repairs heretofore entered into or let by said city, nor invalidate nor discharge any valid assessment heretofore made for street improvements or repairs by said city. And nothing contained in this act shall be held to repeal or invalidate any existing general ordinance of said city. Surveyor to tractor to enforce collection installments, how lected before completion of or repairs. Provisions of this act, to affect what. Laws repealed Emergency. SEC. 9. An act entitled "An act to amend the charter of the city of Evansville," approved January 16, 1850, is hereby repealed. SEC. 10. Inasmuch as an emergency exists, this act shall be in force from and after its passage. |