CHAP. 144.—An ACT to amend the chaiter of the city of Pottsinonth,

Approved February 27, 187).

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1. Be it enacted by the general assembls. Tha’ the tes ity-
fifth section of an act approved Mareh e} vonth, cigbten bun-
dred and seventy-three, entitled an act to pres ide a pen hater
for the city of Portsmouth, be amended an ii---ru ted so as to
read as follows :

§ 25. Whenever any new strect shall be laid out. a street
eraded or paved, or any other public improyoment whatsoever
ynade, the city council may deterinine what portion, if any, of
the expense thereof ought to be paid from the public treasury :
provided, bowever, that the same be not more than one-third
thereof, unless it be for such parts of the streets as adioin the
public improvements, or lands belonging to the city, or at the
intersection of public streets, one with another, and may deter-
mine what portion shall be paid hy the owners of real estate
benefited by said improvement, or they may order that the
whole expense be assessed upon the owners of real estate ben-
efited thereby ; but no such public improvement shall be made
to be defrayed, in whole or in part, by a local assessment, until
first requested by a petition signed by at least a majority of
the owners of the property to be assessed for such improvement,
or unless at least three-fourths of the council shall conenr in
voting any improvement expedient, or in determining to make
the same after allegations have been heard; in which case, no
petition or request shall be necessary. And, when the city
council sHall, under the provisions contained in this section,
determine to grade or pave any street in said city, it shall be
lawful for the said council, in order to provide for the payment
of the grading or paving of such street, to issue coupon bonds
in sums not less than one hundred dollars, bearing interest at
the rate of six per centum per annum, payable semi-annually,
and redeemable ten years from the date of the issue thereof,
which bonds shall be known as “ The City of Portsmouth Paving
Bonds.” ‘They shall be signed by the president of the council
and city treasurer, and attested by the city clerk, the proceeds
of which shall not be apptted or used for any other purpose than
those of grading and paving. Or the city council may, in order
to provide for the payment of that part of the expense of
erading and paying to be borne by the city, borrow money at
a rate not exceeding seven per centum per annum, and pledge,
as collateral security therefor, the coupon bonds of the city of
Portsmouth, authorized to be issued by the act passed January
twenty-first, eighteen hundred and sixty-seven, entitled an act
to authorize the citv of Portsmouth to issue coupon bonds. The
said city council shall not dispose of the bonds herein provided
for. for less than ninety-five per centum of their par value, and
shall be disposed of to the highest bidder therefor. either at
public auction or under proposals to be made publicly to the city
council, or the same msy be used at their par value in payment
for material or labor on account of such grading and paving:
provided that In no case shall more bonds be sold than shall be
necessary to pay for such grading and paving. And so much
of the expenses of such grading and paving as the city council
shall determine shall be assessed to and borne and paid by
the owners of real estate benefited by said improvement, shall
be assigned in proportion to the frontage of each lot respec-
tively, and shall be a Len upon such reat estate until fully paid
off and discharged, and such amount shall be payable at the
option of such owner in full or as follows: one-tenth thereof
for each year during the period of ten years, with interest on
principal sum due, at the rate of six per centum per annum,
payable semi-annually, and which amounts, principal and in-
terest, shall be applied exclusively to the payment of the interest
and principal of said paving bonds. And the council of said
city shall, for the payment of the interest upon said bonds, levy
a specific tax sufficient, with the interest derived from the
owners of real estate benefited by said improvement, to pay the
sewni-annual interest on said bonds, or may provide annually
for the payment of the interest thereon, and for a sinking fund
to redeem them at maturity, out of the general levy. And
when the owner of any real estate, on such graded or paved
street, shall fail to pay in cash the amount assessed to them, or
shall fail to pay one-tenth the assessment per annum, with in-
terest, it shall be lawful for the city council to enforce the col-
lection of said assessment in the manner the collection of city
taxes are enforced. But when such real estate shall be owned
by infants, or other persons under legal disability, it shall not
be lawful’ for the council to require in any one year more than
one-tenth of such assessment, and the interest on so much
thereof as remains unpaid. The said paving bonds shall not
be subject to any taxation whatever by the city of Portsmouth.
And whenever the treasurer of the city shall have to the eredit
of the fund, for the redemption of said paving bonds, the sum
of five thousand dollars, he shali advertise for proposals for re-
deeming the same amount of said bonds at least ten days, and
redeem said amount on the most favorable terms offersd: pro-
vided the proposals are approved by the city council. And the
city council shall cause to be recorded by the city clerk, in a
well-bound book, which shall at all times be kept for the in-
spection of the public, a list of all property upon which such
assessment shall be made, the name of the owner or owners
thereof, a description of the location thereof, and the amount
of the assessment thereon, and index the same in the name of
the owner, and such recordation shall be notice to all parties
interested of the lien of such assessment thereon, and when
such assessment shall be paid, in whole or in part, the same
shall be noted by the clerk in said book. ‘The treasurer shall
keep the proceeds of such bonds, and all taxes and assessments
collected on paving account, separate and distinct from all other
funds of the city, to the credit of the Portsmouth paving fund,
and the same shall he appropriated for no other purposes what-
ever. And so much thereof as shall remain unexpended for
vrading and paving shall be kept on interest account.
2. This act shall be in force from its passage,