provement and the report of such commission, and shall pray that the cost of such improvement may be assessed in the manner prescribed by law.

[Guild v. Chicago, 82 Ill. 482.

138. Appointment of commissioners-oath. § 23. Upon the filing of such petition the court shall appoint three competent persons as commissioners, who shall take and subscribe an oath, in substance as follows, to wit:

We the undersigned, commissioners, appointed by the county court of county, to assess the cost of (here state in general terms the improvement), do solemnly swear (or affirm, as the case may be), that we will a true and impartial assessment make of the cost of said improvement upon the city (or village) of property benefited by such improvement, to the best of our ability, and according to law.

[Fagan v. Chicago, 84 Ill. 230; Ricketts v. Hyde Park, 85 Ill. 112.

and the

139. Duty of commissioners. 24. It shall be the duty of such commissioners to examine the locality where the improvement is proposed to be made, and the lots, blocks, tracts and parcels of land that will be specially benefited thereby, and to estimate what proportion of the total cost of such improvement will be of benefit to the public and what proportion thereof will be of benefit to the property to be benefited, and apportion the same between the city or village and such property, so that each shall bear its relative equitable proportion; and having found said amounts to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improvement; Provided, that no lot, block, tract or parcel of land shall be assessed a greater amount than it will be actually benefited; And, provided, further, that it shall not be necessary for said commissioners to examine the locality except where the ordinance provide for the opening, widening or improvement of streets and alleys. [As amended by act approved and in force March 30, 1874.

[Guild v. City of Chicago, 82 Ill. 483; Wright v. City of Chicago, 48 Ill. 285; Elliot v. Same, 48 Ill. 293; City of Chicago v. Burtice, 24 . 489: Trustees, etc., v. City of Chicago, 12 Ill. 403; Peoria v. Kidder, 26 Ill. 357: City of Chicago v. Larned, 34 Ill. 203; Ottawa v. Spencer, 40 Ill. 211; City of Chicago v. Baer, 41 Ill. 306; Bedard v. Hall, 44 Ill. 91; Holbrook v. Dickinson, 46 Ill. 285; St. John v. Ea t Št. Louis, 50 Ill. 92; Ottawa v. Trustees, etc., 20 Ill. 423; Higgins v. City of Chicago, 18 Ill. 281; Scammon v. Same, 42 Ill. 193; Dorathy v. Chicago, 53 Ill. 79: Bradford v Chicago, 25 Ill. 411; Cook Co. v. C. B. & Q. R. R. Co., 35 111. 466; Chicago v. Wright, 80 Ill. 579; Ricketts v. Hyde Park, 85 III. 112.

[25, repealed by act approved April 25, 1873.

140. Assessment roll-return. 26. They shall also make or cause to be made an assessment roll, in which shall appear the names of the owners, so far as known, a description of each lot, block, tract or parcel, of land, and the amount assessed as special benefits thereto, and in which they shall set down as against the city or village the amount they shall have found as public benefit, and certify such assessment roll to the

court by which they were appointed, at least ten days before the first day of the term at which a final hearing thereon shall be had.

[As amended by act approved and in force March 30, 1874. Guild v. Chicago, 82 Ill. 479; Fagan v. Chicago, 84 Ill. 230.

141. Notice by mail, posting and publication. § 27 It shall also be the duty of such commissioners to give notice of such assessment, and of the term of court at which a final hearing thereon will be had, in the following manner:

First-They shall send by mail to each owner of premises assessed, whose name and place of residence is known to them, a notice, substantially in the following from:

Mr.

Your (here give a short description of the premises) is assessed for public improvement The assessment roll will be returned to the

$

of the

court of

(Here give date.)

county.

term

Commissioners.

[*236]

Second-They shall cause at least ten days' notice to be given, by posting notices in at least four public places in such city or village, two of which shall be in the neighborhood of such proposed improvement; and when a daily newspaper is published in such city or village, by publishing the same at least five successive days in such daily newspaper, or if no daily newspaper is published in such city or village, and a weekly newspaper is published therein, then at least once in each week, for two successive weeks, in such weekly newspaper, or if no daily or weekly newspaper is published in such city or village, then in a newspaper published in the county in which such city or village is situated. The notice may be substantially as follows:

SPECIAL ASSESSMENT NOTICE.

Notice is hereby given to all persons interested, that the city council (or board of trustees as the case may be), of having ordered that (here insert the description and nature of the improvement), have applied to the court of county, for an assessment of the cost of said improvements, according to benefits; and an assessment thereof having been made and returned to said court, the final hearing thereon will be had at the term of said court, commencing on the day of A. D. 18 All persons desiring may then and there appear and make their defense. (Here give date.)

.

Commissioners.

[As amended by act approved June 26, 1885. In force July 1, 1885, Laws 1885, p. Fagan v. Chicago, 84 Ill. 230; Ottawa v. Macy, 20 Ill. 413 McCauley v. People. 87 Ill. 123; Guild v. Chicago, 82 Ill. 479; Falch v. People, 99 In, 137; People v. Spring r, 106 III. 542.

142. Proof of notice. § 28. On or before the final hearing, the affidavit of one or more of the commissioners shall be filed in said court, stating that they have sent or caused to be sent by mail, to the owners whose premises have been assessed, and whose name and place of business are known to them, the notice hereinbefore required to be sent by mail to owners of premises assessed. They shall also cause to be filed the affidavit of the person who shall have posted the notices required by this

act to be posted, setting forth when and in what manner the same were posted. Such affidavits shall be received as prima facie evidence of a compliance with this act in regard to giving such notices. They shall also file a certificate of publication of said notice in like manner as is required in other cases of publication of notices.

[As amended by act approved April 25, 1873. In force July 1, 1873; Guild v. City of Chicago, 82 Ill. 479.

143. Continuance when notice not in time. § 29. If ten days shall not have elapsed between the first publication or the putting up of such notices and the first day of the next term of such court, the hearing shall be continued until the next term of court.

144. Objections — judgment by default. 30. Any person interested in any real estate to be affected by such assessment, may appear and file objections to such report, and the court may make such order in regard to the time of filing such objections as may be made in cases at law in regard to the time of filing pleas. As to all lots, blocks, tracts and parcels of land to the assessment of which objections are not filed within the time ordered by the court, default may be entered, and the assessment confirmed by the court.

[People v. Brislin, 80 ll. 423; Lehmer v. People, 80 III. 6o1; Ottawa v. Fisher, 20 Ill. 422; Same v. C. & R. I. R. R. Co. 25 I. 43; Jenks v. Chicago, 48 III. 296; Owen v. Chicago, 53 Ill. 95; Chicago v. Wright, 32 l. 192; Sander-on v. La Salle,, 57 11. 442; Commissioners, etc. v. Newell, 80 Ill. 587; Andrews v. People, 83 Ill. 529.

145. Hearing -jury. 31. On the hearing, the report of the commissioners shall be competent evidence, and either party may introduce such other evidence as may tend to establish the right of the matter. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of the objector are assessed more or less than they will be benefited, or more or less than their proportionate share of the cost of the improvement, the jury shall so find, and also find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly.

[Guild v. City of Chicago, 82 Ill. 483; Fagan v. Chicago, 84 Ill. 230.

146. Precedence. § 32. The hearing in all cases arising under this act shall have precedence over all other cases in such court, except criminal cases.

147. Court may modify, etc., the assessment. § 33. The court before which any such proceeding may be pending shall have authority, at any time before final adjournment [ judgment ], to modify, alter, change, annul or confirm any assessment returned, as aforesaid, or cause any such assessment to be recast by the same commissioners whenever it shall be necessary for the attainment of justice, or may appoint other commissioners in the place of all or any of the commissioners first appointed, for the purpose of making such assessment, or [*237] modifying, altering, changing or recasting the same, and may take all such proceedings and make all such orders as may be necessary to make a true and just assessment of the cost of such improvement according to the principles of this act, and may from time to time, as may

be necessary, continue the application for that purpose as to the whole or any part of the premises

148. Judgment several appeal, etc.-lien. § 34. The judgment of the court shall have the effect of a several judgment as to each tract or parcel of land assessed, and any appeal from such judg ment or writ of error shall not invalidate or delay the judgment, except as to the property concerning which the appeal or writ of error is taken. Such judgment shall be a lien upon the property assessed, from the date thereof until payment shall be made.

[Fagan v. Chicago, 84 Ill. 230.

--

war

149. Judgment certified to city clerk — filing rant. § 35. The clerk of the court in which such judgment is rendered shall certify the assessment roll and judgment to the officer of such city or village authorized to collect such special assessments, or if there has been an appeal or writ of error taken on any part of such judgment, then he shall certify such part of the judgment as is not included in such appeal or writ of error, and such certificate shall be filed in his office by the officer receiving the same. With such assessment roll and judgment the clerk of such court shall also issue a warrant for the collection of such assessment.

150. Form of warrant. § 36. The warrant in all cases of assessment under this act shall contain a copy of such certificate of judg. ment, describing the lots, blocks, tracts or parcels of land assessed, and the respective amounts assessed on each lot, block tract or parcel of land, and shall be delivered to the officer authorized to collect such special assessments. Such warrant shall give sufficient authority to collect the assessments therein specified.

151. Collector's notice - form of. 37. The collector receiving such warrant shall immediately give notice thereof by publishing such notice in one or more newspapers in such city or village, if such newspaper is there; and if there is no such newspaper, then by posting four copies thereof in public places along the line of the proposed improvements. Such notice may be, substantially, in the following form:

SPECIAL ASSESSMENT NOTICE. SPECIAL WARRANT NO. —.

Public notice is hereby given that the (here insert title of court) has rendered judgment for a special assessment upon property benefited by the following improvement (here insert the character and location of the improvement in general terms) as will more fully appear from the certified copy of the judgment on file in my office; that a warrant for the collection of such assessments is in the hands of the undersigned. All persons interested are hereby notified to call and pay the amounts assessed, at the collector's office (here insert location of office), within thirty days from the date hereof. Dated this day of A. D 18 Collector.

......

[As amended by act approved June 26, 1885. In force July 1, 1885. Laws 1885, p. 152. Manner of collecting - entry of payment. $38. It shall be the duty of the collector into whose hands the warrant shall so come, as far as practicable, to call upon all persons resident within the corporation whose names appear on the assessment roll, or the occupants of the property assessed, and personally, or by written or printed notice left at his or her usual place of abode, inform them of such assessment, and request payment of the same. Any such collector omitting so to do shall be liable to a penalty of $10 for every such omission, but the validity of the special assessment, or the right to apply for and obtain judg

ment for any such special [assessment,] shall not be affected by such omission. It shall be the duty of such collector to write the word "paid" opposite each tract or lot on which the assessment is paid, together with the name and post-office address of the person making the payment, and date of payment.

153. Report of delinquent list to county collector— evidence -defense. § 39. It shall be the duty of the collector of special assessments, within such time as the city council or board of trustees may by ordinance provide, to make a report in writing-to the general officer of the county authorized, or to be designated by the general revenue law of this State, to apply for judgment and sell lands for taxes due the county and State-of all lands, town lots and real property on which he shall have been unable to collect special assessments, with the amount of special assessments due and unpaid thereon, together with his warrant, or with a brief description of the nature of the [*238] warrant or warrants received by him authorizing the collection thereof; which report shall be accompanied with the oath of the collector that the list is a correct return and report of the lands, town lots and real property on which the special assessments levied by authority of the city of as the case may be), remain due and unpaid; that he is unable to collect the same or any part thereof, and that he has given the notice required by law that said warrants had been received by him for collection. Said report, when so made, shall be prima facie evidence that all the forms and requirements of the law in relation to making said return have been complied with, and that the special assessments mentioned in said report are due and unpaid. And, upon the application for judgment upon such assessment, no defense or objection shall be made or heard which might have been interposed in the proceeding for the making of such assessment, or the application for the confirmation thereof.

(or village of

[Ottawa v. Macy, 20 Ill. 413.

154. Application for judgment - what laws govern. 40. When said general officer shall receive the report provided for in the preceding section, he shall proceed to obtain judgment against said lots, parcels of land, and property, for said special assessments remaining due and unpaid, at the same time and in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county and State; and shall in the same manner proceed to sell the same for the said special assessments remaining due and unpaid. In obtaining said judgment and making said sale, the said officer shall be governed by the general revenue laws of this State, except when otherwise provided herein. No application for judgment against lands for unpaid special assessments shall be made at a time different from the annual application for judgment against lands, upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments in each year shall include only such special assessments as shall have been returned as delinquent to the county collector, on or before the first day of April, in the year in which such application is made. [As amended by act approved June 18, 1883. force July 1, 1883. L 1883, p. 58.

In

(See Revenue," ch. 120, § 182 et seq.; Chicago v. Wheeler, 25 Ill 478; Pittsburgh, etc. R R. Co. v. Chicago, 53 III. 80: Hale v. People, $7 III. 72; People v. Drugstran, 100 III. 286; People v. Stahl, 101 Ill. 346; Gage v. Bailey, 102 Ill. 11; Gage v. Busse,

102 III. 592.

155. Return of sales- redemption. 41. After making said sales, the list of lots, parcels of lands and property sold thereat shall be returned to the office of the county clerk, and redemption may be made as provided for by the general revenue law of this State. [See "Revenue," ch. 120, §§ 210-215.