Sale of property for of such notice, that the same will be delinquent; that the property assessed, and upon which the assessment remains unpaid, will be sold by said Tax Collector for said assessment, a brief description of the property assessed, the amount assessed thereon, and the time and place of sale, which shall be not less than five nor more than ten days after such delinquency. SEC. 74. On the day fixed for the sale, said Tax Collector, unpaid taxes between the hours of ten A. M. and three P. M., must commence the sale of the property advertised, upon which the assessment remains unpaid, and sell the same at public vendue, in the office of said Tax Collector, to the person who will take the least quantity of the respective parcels of land assessed, and pay the assessment thereon, together with two dollars to said Tax Collector for the duplicate certificate of sale. If the purchaser does not forthwith pay the amounts of the assessment and costs by him bid, the Tax Collector shall immediately proceed to sell such parcel or parcels again, in the same manner, for the amount of said assessment and costs. Duplicate certificate. Vesting of lien. SEC. 75. After receiving the amount of the assessment and costs, said Tax Collector must make out in duplicate a certificate, dated on the day of sale, showing the name of the person assessed, when known, a brief description of the property sold, the street improvement for which the assessment was levied, the number of the assessment, that it was sold for an assessment, the amount thereof, that the same is subject to redemption at any time within one year after sale, and specifying the date when the purchaser will be entitled to a deed; and upon payment to said Tax Collector of the fee for recording the same, said Tax Collector shall deliver one of such duplicates to the purchaser, and the same day file the other in the office of the Recorder of the county, or city and county, who shall record the same. SEC. 76. Upon filing the said duplicate in the office of said Recorder, the lien aforesaid is vested in the purchaser, and is only divested by payment to him, or to the Treasurer of such city, or city and county, for his use, of the purchase money and costs, and two per cent per month and fraction of a month up to date of redemption thereon. A Redemption. redemption of the property sold may be made by the owner, or any party in interest, within twelve months from the date of purchase. Deed to purchaser and of law. SEC. 77. If property is not redeemed within twelve conclusions months from the date of such sale, the Tax Collector must make to the purchaser, or his assignee, a deed, reciting substantially the matters contained in the certificate, and that no person redeemed the property during the time allowed by law for its redemption. The matters recited in the certificate of sale must be recited in the deed, and such deed, duly acknowledged, shall be prima facie evidence that: 1. The property was assessed as required by law. 2. That the assessment was not paid. 3. That the property was sold at the proper time and place, and by the proper officer. 4. That the person who executed the deed was the proper officer therefor. 5. That the title to the property therein described is vested in the purchaser, his heirs, or assigns, free from all incumbrances, except taxes for purposes of revenue. into treasury lector. SEC. 78. Said Tax Collector shall daily pay into the treas- Payment ury of such city, or city and county, to the credit of the proper by Tax ColStreet Improvement Fund, all moneys collected by him on account of such fund, and shall, upon the receipt of any assessment, mark the same paid upon the assessment roll, and shall receipt to the person paying the same therefor, which receipt shall show the number of the Street Improvement Fund, the work done, the number of the lot upon which the assessment is paid, and the amount thereof. payment to contractor SEC. 79. When the full amount of such assessment has Certificate of been collected by said Tax Collector, the said Collector shall into treasury certify to the Superintendent of Streets that the same has been collected and paid into the treasury of such city, or city and county. Upon the receipt of such certificate from the Tax Collector, the said Superintendent shall forthwith notify Notification the person whose proposal shall have been accepted by the Municipal Council, as aforesaid, of the payment of such money into the treasury, and that such city, or city and county, is ready to enter into a contract with such person for such work, in pursuance of said proposal; and said Superintendent shall hold himself in readiness to execute said contract on behalf of such city, or city and county. The Extension of Board of Aldermen may extend the time of performance of the contract, as fixed by the contract of specifications, upon the recommendation of said Superintendent; but the time of the performance shall in no event be in any manner extended beyond sixty days after the time fixed in such specifications or contract for the completion of said work. time. contractor notice. SEC. 80. Whenever any contract shall have been com- Certificate to pleted to the satisfaction and acceptance of the Superintend- and publicaent of Streets, he shall deliver to the contractor a certificate tion of to that effect, and shall also notify said Board of Aldermen that said work and improvement, and the contract therefor, have been completed to his satisfaction and acceptance, and that he has given to said contractor his certificate to that effect. Thereupon said Board of. Aldermen shall direct the Clerk of said Board to give notice by publication for five days, in a newspaper published and circulated in such city, or city and county, that said work and improvement, and the contract therefor, have been completed to the satisfaction and acceptance of the Superintendent of Streets of such city, or city and county. property SEC. 81. Any person owning property which has been Appeal of assessed to pay the cost and expenses of such work and owner. improvement, feeling aggrieved at the manner in which such work and improvement shall have been done, or feeling aggrieved at any act or determination of said Superintendent of Streets in relation to said work and improvement subsequent to the date of the execution of the contract therefor, shall, within five days from the first publication of said of work. objections notice, appeal to said Board of Aldermen by briefly stating their objections in writing, and by filing the same with the Acceptance Clerk of said Board. At the meeting of the Board next ensuing after the expiration of said five days allowed above for filing said objections, the said Board, if no objections have been filed, shall, by resolution, ratify and confirm all said acts of said Superintendent of Streets, and shall accept such Hearing of work and improvement. But if any such objections last and notice. aforesaid shall have been filed within said five days, then said Board shall fix the time for hearing such objections, and shall direct the Clerk of said Board to notify all persons desirous of being heard upon said objections of the time and place when and where said Board will hear all parties desiring to be heard upon the same. Said notice shall be in writing, and shall be given by posting the same in three of the most conspicuous public places in such city, or city and county, and published five days in two daily newspapers (one morning and one evening edition), at least five days before the time set for said hearing. At the time and place fixed for said hearing of said objections, said Board shall proceed to hear all parties present and desiring to be heard upon the matters specified in such objections. And whenever said Board shall have determined, by personal inspection or otherwise, that said work and improvement objected to have been completed in all respects according to the contract therefor, they shall, by resolution, accept said work and improvement, and ratify and confirm all said acts of said Superintendent of Streets in relation thereto. Notice to tendent of Payment to contractor. SEC. 82. If, upon such hearing, said Board of Aldermen shall determine, by personal inspection or otherwise, that said work and improvement have not been performed according to the contract therefor, then they shall notify the said Superintendent of Streets to that effect, specifying in said notice to him the particulars in which said contract has not been performed. And said Superintendent of Streets shall thereupon at once cause said contractor to complete said work and improvement under the contract therefor in those particulars specified by said Board in said notice to said Superintendent of Streets. Whenever said Board shall ascertain that said work and improvement have been completed in all respects according to the terms of the contract therefor, they shall, by resolution, accept such work and improvement. All acts and determinations of said Board of Aldermen upon appeals, under the provisions of this and the next preceding section, shall be final and conclusive upon all persons entitled to an appeal thereunder. SEC. 83. Whenever any work or improvement shall have been so completed upon any street, lane, alley, court, or place in such city, or city and county, for the payment of costs and expenses, of which an assessment shall have been levied and collected under the provisions of this Act, the said Board of Aldermen shall, by resolution, direct the Treasurer to pay out of the appropriate fund, at the expiration of fifteen days from the passage of such resolution, to the contractor who shall have so completed said work and improvement, the amount to which he is entitled under the terms of his contract; provided, however, that such payment by the Treasurer shall be made subject to the following provisions, to wit: That any person or persons who have performed labor upon, Conditions. or furnished materials for the construction of said work or improvement, may file within said fifteen days, with the Treasurer, any written claim or claims he or they may have on account of such labor performed or materials furnished; and, at the expiration of said fifteen days, said Treasurer shall pay to said contractor the amount specified in said last named resolution, less the aggregate amount of all such claims, if any, theretofore filed in accordance with the provisions of this section. Should any money be retained by said Treasurer on account of such claim or claims, he shall pay over the amount of each claim only upon the order therefor of said contractor, indorsed by the claimant entitled thereto, or upon the order therefor of any Court of competent jurisdiction. of moneys. SEC. 84. And when all moneys required to be paid by the said Treasurer, under the last preceding section, shall have been by him paid, as required in said section, if there is any money remaining in the fund out of which said payments shall have been made as aforesaid, it shall be the duty of said Treasurer immediately to report the amount of said remaining moneys to said Board of Aldermen. Thereupon Repayment it shall be the duty of said Board to empower and direct said Treasurer to distribute and repay such remaining moneys, and in the proportion of the amounts of the original assessments, to the persons by or for whom said original assessments were paid, or to their legal representatives. And it shall be the duty of said Treasurer, in each instance of such repayment, to require, receive, and file away a receipt of said proportionate amount from said persons or their legal representatives. And in no case shall a contractor, who has failed to fulfill the terms and conditions of his contract, be entitled to receive any portion of the contract price therefor, and he shall be deemed to have forfeited all right to recover or receive any compensation whatever under said contract. labor on streets. SEC. 85. No contract to do any work upon any accepted kind of streets, other than cleaning streets and sewers, shall be let, accepted but such work shall be done under the direction of the Superintendent of Streets, by laborers employed by such city, or city and county, through said Superintendent, at such wages as may be, from time to time, fixed by the Municipal Council. All contracts for materials necessary to be used for work on accepted streets must be given by the Municipal Council to the lowest bidder offering adequate security, after due public notice, for not less than five days, in at least two newspapers published in such city, or city and county. SEC. 86. In case of urgent necessity, the Superintendent Repairing of Streets may, and it shall be his duty to, repair any of the unaccepted public streets, sewers, or crossings cornering thereon; and the expense of the same shall be paid out of the Street Department Fund, in the same manner as provided for the improvement of accepted streets; and all such streets, sewers, etc. No recourse on city for damage for accident on defective street. Damages, against whom. Improve ment of streets by property owners. repairs shall be made in uniformity with the work to be repaired, but such repairs between two main streets shall not exceed in cost the sum of two hundred dollars, and the repairs of any crossings shall not exceed in cost the sum of one hundred dollars; provided, the sums so expended shall not exceed the sum of two thousand dollars in any one month. Such work, and the material therefor, shall be performed and provided in the same manner as provided in the foregoing section concerning labor and material for accepted streets. SEC. 87. No recourse shall be had against such city, or city and county, for damage to person or property suffered or sustained by or by reason of the defective condition of any street or public highway of such city, or city and county, whether originally existing or occasioned by construction, excavation, or embankment, or want of repair of said street or public highway; and whether such damage be occasioned by accident on said street or public highway, or by falling from or upon the same; but if any person while carefully using any street or public highway of such city and county, graded, or in course of being graded, or carefully using any other street or public highway leading into or crossing the same, be injured, killed, lost, or destroyed; or any horses, animals, or other property be lost, injured, or destroyed, through any defect in said street or public highway, graded, or in course of being graded, as aforesaid, or by reason of any excavation or embankment in or of the same, or by falling from or upon such embankment or excavation, then the person or persons upon whom the law may impose the duty either to repair such defect or to guard the public from the excavation, embankment, or grading aforesaid, and also the officer or officers through whose official neglect such defect remained unrepaired, or said excavation or embankment remained unguarded as aforesaid, shall be jointly and severally liable to the person or persons injured for the damages sustained. SEC. 88. The Superintendent of Streets may require, at his option, by notice in writing, to be delivered to them personally or left on the premises, the owners, tenants, or occupants of lots or portions of lots liable to be assessed for work done under the provisions of this chapter, to improve forthwith any of the work mentioned in section sixty-seven of this Act in front of the property of which he is the owner, tenant, or occupant, to the center of the street or otherwise, as the case may require, or to remove all filth, sand, earth, or dirt from the street in front of the premises; and, by a like notice, to be served personally upon the President or any officer of a railroad corporation or company, or to be left at the office of said corporation or company, to require such corporation or company to improve forthwith any work mentioned in this chapter, which said corporation or company are required by law to do and perform; said notice to specify what improvement is required, or work is to be done. After the expiration of five days, if such notice shall not have been complied with, such proceedings shall be taken by the proper authorities to cause the moneys necessary for the doing of such work to be paid into the treasury, as is herein before provided in |