Page:1889 Territory of Dakota Session Laws.djvu/99

44 CHAPTER 30.

SPECIAL ABSEBSMENTS,

AN ACT to Facilitate the Collection of Special Assessments in Cities, Towns or Villages.

Вe it Enacted by the Legislation Assembly af the Territory of Dakota:

§ 1. .] Whenever any action or proceeding shall be commenced and maintained before any court or judge to prevent or restrain the collection of any special assessment, or part thereof made or levied by the municipal officers of any city, town or village, organized under and by virtue of a special act or charter, or under and by virtue of any general law of the Territory of Dakota for the improvement ef its public streets by grading or paving the same, and it shall appear that the assessment was levied uniformly and at the same rate and in the same amount, upon the abutting preperty liable to assessment for such imprevements per front foot, the true and just amount of the special assessment must be ascer- tained per front foot and judgment must be rendered and given therefor against the party liable for such special assessment and if the special assessment be delinquent, execution must issue forthwith for the same.

§ 2. .] In all such actions and proceedings commenced to prevent or restrain the collection of any special assessment made by the proper municipal officers of any incorporated city, town or village in accordance with the provisions of Section one, of this act where it shall appear upen trial that the person or persons seeking to avoid the payment of such special assessment, knew that the improvements were being made under a special assessment, and that the abutting property was charged with said improvements, and knowingly permitted said improvements to be made without commencing any proceedings to prevent the same, said assessment shall and is hereby declared to be legal and valid, notwithstanding the provisions of the charter or general law under which the city, town or village was incorporated, required the publication of a resolutiom by the municipal authorities that they deemed the improvement necessary, and its publication in а newspaper а certain number of successive weeks has not been complied with. Provided, it shall appear that said resolution was passed by said municipal authorities and published the number of times and in the newspaper required, on any day during successive calendar weeks.