bonds to the maturity thereof. The city treasurer shall, in addition to his other duties in the premises, report all payments of principal upon said bonds to the street superintendent, who shall forth with indorse the same upon the margin of the record of the assessment to the credit of which the same is paid, and said assessment shall be a first lien upon the property affected thereby until the bond issued for the payment thereof and the accrued interest thereon shall be fully paid. The issuance of said bonds shall be conclusive evidence of the regularity of all previous proceedings and the validity of said lien.

Section 41. Whenever, through the default of the owner of any lot or parcel of land to represent the assessment upon which such bond has been issued, any payment, either upon the principal or of the interest, shall not be made when the same is due, and the holder of the bond thereupon demands, in writing, that the said city treasurer proceed to advertise and sell said lot or parcel of land, as herein provided, then the whole bond, or its unpaid remainder, with its accrued interest, shall become due and payable immediately, and on the day following shall become delinquent; and the city treasurer shall act thereafter with all the powers and duties of the tax collector in the collection of unpaid state and County taxes, and shall forthwith proceed to advertise and sell said lot or parcel of land by proceedings in all respects the same as provided by law for the collection of delinquent state and county taxes. All such provisions and proceedings, after taxes have become delinquent, including the certificate of sale, the right of redemption, and the deed, with the respective costs thereof, are hereby made applicable to this

case.

Section 42. The term "city treasurer," as used in this act, shall be held to mean and include any person who, under whatever name or title, is the custodian of the funds of the municipality.

Section 43. Whenever any railroad track or tracks of any description exist upon any street or streets on which the city council has ordered work to be done or improvements made, excepting therefrom such portion as is required by law to be kept in order or repair by any person or company having railroad tracks thereon, the said council may, at any time thereafter, order such person or company to perform upon said excepted portion the work or improvement similar in all respects to that already ordered to be performed under the same specifications and superintendence, with the same materials, within the same time, and to the like satisfaction and acceptance. Thereupon it shall be the duty of the clerk of said council to deliver immediately a copy of such order, certified by him, to such person or company, and to make and preserve in his office a certificate of such delivery, its date, and upon whom made. Should such person or company, for thirty days, or within such extension of time as the city council may grant, thereafter refuse or neglect to make or have made such work or improvement in the manner or time ordered, it shall be the duty of the eity council to have such excepted work or improvement per

formed, and such refusal or neglect punished in the manner provided by law. Within fifteen days after receiving the certified copy of said order, such person or company may file with the clerk of said council a written assumption of the performance of said work or improvement according to the order, or a request to the council to have such work or improvement performed, for and at the expense of such person or company in the manner herein provided. The failure to file such instrument within said time shall be taken and deemed to be a refusal to comply with the order. Upon reception of said assumption of the direct performance of said work or improvement, the city council shall take no further proceeding in the matter, unless such person or company neglects or fails for thirty days, or such further time as the council may grant, to comply with the provisions of the order. But if such person or company files the said request that the said council have such work or improvement performed, or fails to perform said work within said thirty days, or within such further time as the council may grant, then said city council may pass an ordinance of intention to perform said work, which ordinance shall specify the work to be performed, and a statement that unless within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, the said person or company shall pay the cost of said work, or file with the street superintendent of said city a notice that he or it does not desire to pay for the cost of said work by installments, that the street superintendent of said city will issue bonds to represent the cost of said work, stating also that the cost of said work shall be paid in ten yearly installments, and also the rate of interest (not to exceed ten per cent per annum) that the same will bear. A similar statement shall also be incorporated in all notices required to be posted or published by the provisions of this act; also, in the ordinance or resolution ordering the work, advertisement for proposals, and in the contract. Whenever the person or company owning any such railroad shall not have, within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, paid the cost of such work, or filed with the street superintendent a notice that he or it does not desire to pay for said work in installments, the street superintendent shall issue to the contractor or his assigns bonds for the amount of such cost, which shall describe the franchise, tracks, road-bed, and switches along or between which such work has been performed, and describing the same as upon the assessment and diagram, giving its assessment number. Such bond shall also describe the work performed, give the total amount of the cost of such work, the name of the owner of said railroad, the number of installments in which the cost of the work is to be paid, and the rate of interest which the deferred payments shall bear. Said bond shall be in sum not less than one hundred dollars nor more than one thousand dollars each, and shall recite that the total amount of the cost of said work, together with the interest thereon, as represented in said bond, is, except state, county, and municipal taxes, a first lien upon

that portion of the tracks, road-bed, and switches of said railroad along or between which work has been performed, and also upon the franchise of said railroad along that portion of the streets, alleys, or places upon which such work has been performed. Said street superintendent shall also keep a record of such bond as required by section eighteen of the act of which this is amendatory. Whenever bonds have been issued, as herein provided, the same, together with the cost of such work, together with interest thereon, shall be, except state, county, and municipal taxes, a first lien upon that portion of the tracks, road-bed, and switches of said railroad along or between which said work has been performed, and also upon the franchise of said company along that portion of the streets, alleys, or places upon which said work has been performed. All provisions of section three hereof, in regard to the foreclosure of the same, shall apply hereto. All provisions of section four hereof shall also apply to the bonds contemplated by this section. None of the provisions of this act, or of the act to which it is amendatory, in regard to a protest against the work, shall apply to any work contemplated by this section. In case the person or company owning such railroad shall elect to do the work, and shall enter into a contract with the street superintendent, or in case the owners of three fourths of the frontage of lots and lands upon the street whereon said work is to be done elect to take the contract, and enter into the same with the street superintendent as provided in section five of the act of which this is amendatory, then all provisions herein in regard to payment by installments and issuing of bonds shall not apply. In case the person or company owning any railroad track or tracks to be assessed, as contemplated in section one hereof, shall file with the street superintendent, within the time therein specified, a notice that he or it does not desire to pay for said work by installments, then the same proceedings in regard to the collection of the cost of said work shall be had as is provided in the act to which this is amendatory. All of the provisions in said act not inconsistent with the provisions of this amendment shall apply hereto.

Section 44. This act shall take effect and be in force from and after its passage.

An act to amend sections two, three, four, five, seven, nine, twentyfour, twenty-six, thirty-four, thirty-five, and thirty-seven of an act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and the construction of sewers within municipalities," approved March 18, 1885, and an act amendatory thereof, approved March 14, 1889, relative to the mode of assessing and otherwise providing for said work.

[Approved March 31, 1891; Stats. 1891, p. 196.] SECTION 1. Section two of said act is hereby amended to read as follows:

Section 2. Whenever the public interest or convenience may require, the city council is hereby authorized and empowered to order the whole, or any portion, either in length or width, of the streets, avenues, lanes, alleys, courts, or places of any

such city graded or regraded to the official grade, planked or replanked, paved or repaved, macadamized or remacadamized, graveled or regraveled, piled or repiled, capped or recapped, sewered or resewered, and to order sidewalks, man-holes, culverts, cesspools, curbing, and crosswalks to be constructed therein, and to order any other work to be done which shall be necessary to complete the whole or any portion of said streets, avenues, sidewalks, lanes, alleys, courts, or places, and it may order any of the said work to be improved.

SEC. 2. Section three of said act is hereby amended to read as follows:

Section 3. Before ordering any work done or improvement made, which is authorized by section two of this act, the city council shall pass a resolution of intention so to do, and describing the work, which shall be posted conspicuously for two days on or near the chamber door of said council, and published by two insertions in one or more daily, semi-weekly, or weekly newspapers published and circulated in said city, and designated by said council for that purpose. The street superintendent shall thereupon cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than one hundred feet in distance apart, but not less than three in all, or when the work to be done is only upon an entire crossing or any part thereof, in front of each quarterblock and irregular block liable to be assessed, notices of the passage of said resolution. Said notice shall be headed "Notice of street work," in letters of not less than one inch in length, and shall, in legible characters, state the fact of the passage of the resolution, its date, and briefly the work or improvement proposed, and refer to the resolution for further particulars. He shall also cause a notice, similar in substance, to be published for six days, in one or more daily newspapers published and circulated in said city, and designated by said city council, or in cities where there is no daily newspaper, by one insertion in a semi-weekly or weekly newspaper so published, circulated, and designated. In case there is no such paper published in said city, said notice shall be posted for six days on or near the chamber door of said council, and in two other conspicuous places in said city, as hereinafter provided. The owners of a majority of the frontage of the property fronting on said proposed work or improvement, where the same is for one block or more, may make a written objection to the same within ten days after the expiration of the time of the publication and posting of said notice, which objection shall be delivered to the clerk of the city council, who shall indorse thereon the date of its reception by him, and such objections so delivered and indorsed shall be a bar for six months to any further proceedings in relation to the doing of said work, or making said improvement, unless the owners of the one half or more of the frontage, as aforesaid, shall meanwhile petition for the same to be done. At any time before the issuance of the assessment roll, all owners of lots or lands liable to assessment therein who, after the first publication of said resolution of intention, may feel aggrieved, or who may have objections

to any of the subsequent proceedings of said council in relation to the performance of the work mentioned in said notice of intention, shall file with the clerk a petition of remonstrance, wherein they shall state in what respect they feel aggrieved, or the proceedings to which they object; such petition or remonstrance shall be passed upon by the said city council, and its decision therein shall be final and conclusive. But when the work or improvement proposed to be done is the construction of sewers, man-holes, culverts, or cesspools, crosswalks or sidewalks, and curbs, and the objection thereto is signed by the owners of a majority of the frontage liable to be assessed for the expense of said work, as aforesaid, the said city Council shall, at its next meeting, fix a time for hearing said objections, not less than one week thereafter. The city clerk shall thereupon notify the persons making such objections, by depositing a notice thereof in the post-office of said city, postage prepaid, addressed to each objector, or his agent, when he appears for such objector. At the time specified, said city council shall hear the objections urged, and pass upon the same, and its decisions shall be final and conclusive, and the Faid bar for six months to any further proceedings shall not be applicable thereto. And when not more than two blocks, including street crossings, remain ungraded to the official grade, or otherwise unimproved, in whole or in part, and a block or more on each side upon said street has been so graded or otherwise improved, or when not more than two blocks at the end of a street remain so ungraded or otherwise unimproved, said city council may order any of the work mentioned in this act to be done upon said intervening ungraded or unimproved part of said street, or at the end of a street, and said work upon said intervening part, or at the end of a street, shall not be staid or prevented by any written or other objection, unless such council shall deem proper. And if one half or more in width or in length, or, as to grading, one half or more of the grading work, of any street lying and being between two successive main street crossings, or if a crossing has been already partially graded or improved, as aforesaid, said council may order the remainder improved, graded, or otherwise, notwithstanding such objections of property owners. At the expiration of twenty days after the expiration of the time of said publication by said street superintendent, and at the expiration of twenty-five days after the advertising and posting, as aforesaid, of any resolution of intention, if no written objec tion to the work therein described has been delivered, as aforesaid, by the owners of a major frontage of the property fronting on said proposed work or improvement, or if any written objection purporting to be signed by the owners of a major frontage is disallowed by said council, as not of itself barring said work for six months, because, in its judgment, said objection has not been legally signed by the owners of a majority of said frontage, the city council shall be deemed to have acquired Jurisdiction to order any of the work to be done, or improveinent to be made, which is authorized by this act; which order, when made, shall be published for two days, the same as