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•'■60 , *’	REVISED	ORDINANCES,
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ing to construct or repair such walk, sewer, gutter, drain or ditch wilhin some reasonable time to be fixed in such notice, and in case of a, failure of to comply with such requirements, *''-said board of Mayor and Aldermen may cause such work to be done at the expense of such lot owner, and the cost thereof shall be a lien upon such lot. Suit may be brought for the amount of such cost before any court having jurisdiction of the amount, or before the Mayor when the amount of such cost is less than one hundred and fifty dollars; the proceedings before the Mayor shall be conducted as in cases before a justice of the peace, and "the judgment of the court, in case it finds for the city shall con-' ■demn the lot upon which such costs is a lien, to be sold by the proper officers to pay such judgment and costs. Either party may appeal to the circuit court, provided, the lot owner shall give -an appeal bond as in eases before justices of the peace.
IN RELATION TO OPENING HOADS AND STREETS.
Sec. 102. Whenever it shall become necessary or expedient in the discretion of the board of Mayor and Aldermen^of the City of Bay. §t. Louis to lay out, alter or extend any street, road, alley or higway within the limits of said city, if any objections be made thereto by the owner or owners of the land through whifih or over which such street, road, alley or highway will pass, or it shall become necessary or expedient to take, use, or occupy any ground or property in said city for any public use whatever, the said board shall endeavor to purchase and pay for the same a reasonable price, or agree with the owner or owners of such property on the amount to pe paid for such property, or for the use or occupation thereof; and if they cannotagree with the owner or owners thereof, or the guardians or minors, then it shall be lawful for the circuit clerk of Hancock county, on the petition of the said board of Mayor and Aldermen, to issue a warrant to the sheriff of said county, fully describing the premised, requiring him to summon a jury of twelve disinterested freeholders, to meet him on said land or premises not less than ten nor more than twenty days from the date of said warrant; and if any of said jurors shall fail ; to attend at the time and place, the sheriff shall instanter sum--mon as many as may be necessary-to make the-jury of twelve freeholders to act as a.jury of. inquest of damages, to whom the sheriff shall'administer an Oath tp truly and justly value the land sought to be condemned, or the damages the owner thereof shall sustain for the use of th^ same ; and at the same time the sheriff shall summon the owner or owners, or his or her or their legal . representatives o'r agent, by personal notice in writing, or by leaving a copy of such notioe^t the, usual place of residence of the party, at least‘five days previous to the meeting of the jury ; or if tlie qiwner.or owners be> n6n-rpsidents, then by mailing a copy of said notice to the'respective address of such owner or . " • '.'-t \ * i' •> -•» •
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FRONT BANK AND ROADS.	#
owners, at least ten days previous to the meeting of the jury ; {h’^j. jury shall then proceed to value the-premises sought to be taken, ' assess the value of the land, or the damages the owner may sustain for the use thereof, reduce their inquisition to writing, and severally sign the same, which verdict or inquisition of the jury together with said summons and its return thereon, and all other*' papers that come. to*his hands in these proceedings, the shefiff shall return to the said clerk of the circuit court of said county, and the same shalf be confirmed by said circuit court at its first term after said inquest ; either party to such proceedings shall have fha right of appeal to the supreme court under such regulations as are prescribed by law for appeals in other cases-from the circuit court, and the party against whom final judgment may be rendered in the supreme court shall pay all costs-of the proceedings ad initio for. the services rendered as above.
The said clerk shall receive three dollars, the sheriff six dollars, .	’.
and the jurors one dollar per day each, which shall be paid out of the treasury of said city.
IN 'RELATION TO FRONT BANK AND ROADS.
Sec. ioj.^That the board of Mayor and Aldermen of said city, in addition to the jurisdiction hereinbefore conferred upon them over roads and highways in said city limits, shall have and possess entire and exclusive control and jurisdiction over all front or , beach banks in said incorporated limits; they shall have power to ..* direct and require any property holder who owns the front or beach to keep the same in constant repair at his own expense, and in case the same shall at any time become damaged from < the effects of storms or washes, they shall require and direct the owner thereof to repair the same at his own expense by a certain time or date, to be designated by said board, and if he shall fail to repair the same when ordered and directed, he shall be subject to a fine of not more than fifty dollars, and the board may have-the same repaired at the expense of the party owning it, and recover the expense from said owner by suit brought before the Mayor when the’amount is less than one hundred and’fifty dol- * '
^ lars, or at the court having jurisdiction, and upon judgment being **.■■■
*	obtained, so much of the lands and premises of the owner so re-> ..... fusing to repair his bank, as may be necessary, shall be.sold by
the proper officer.to pay, such judgment and all costs. In case	,
the roads become damaged, narrow o$ impassable on account of 1 s washing away and non-repair of said front or beaches as aforesaid, - ' ■ <■' ■ th<t.board of Mayor and Aldermen, upon the continued refusal'.' , of the owner to repair the §ame, may elect .to move the road fur*;:
•	ther from.’tfo£ water’s edge, and’to this end may remove all pb-v ■ Instructions on the side opposite the beach,'and use sjj rquch there- *
of.as shall give a public.street of the same_ uniform.-widtl* as the-. rest of the front street. ’ Provided, That said land sq,coritemplat-. *
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