Ordinance Concerning Public Parks in City of South Bend

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• Bail meti-seatiefl name a day not earlear than ten days after service of snob notice, or after the last date of publication, or after the date of mailing, as above provided, on roach said board shall receive and hear remonstrances from pereans with regard to the amount of their respective awards or assessments. Persons not included in such lists or "assessments oe awards and claiming to be entitled to the same shall be deemed to have been notified of the pendency or the proceedings by the original notice of the resolution of the board and by the publication as in this act provided, 20. In ease any person having an interest in lend affected by such proceedings shall be of unsound mind, or an infant, said. board of park commissioners shall certify the same to its attorney, and said attorney shall forthwith apply to the proper court and usee cure the appointment of a guardian for such infant, or Arson of unsound mind, and thereupon such board shall give(notice) to such guardian, who shall thereupon appear and protect the interest of his ward: ?rovided, That if such infant or person of unsound mind already has a guardian, such notice may be served upon such guardian. The requisites of notice to such guardian shall be the same as in the case of other notices. If there be defects or irregularities of any kind in the proceeding with respect to one or more interested persons; the same shall not affect such proceedings, except so far as it may touch the interest of property oi:sueh'person or persons, and shall' not still any other person concerned therein. In case of such defect, supplementary proceedings of the same general character as those heretofore prescribed may be had in order to supply the same. 21. Any person notified or deemed to be notified under the preceding sections may appear before such board on the day fixed for 41st hearing such remonstrances with regard to awards and assessments, and remonstrate in writing against the same. All persons appearing before said board having an interest in said proceedings shall be given a hearing. After such remonstrances have been received and said hearings had, said board thereupon shall either sustain or mod ify, by increasing or decreasing the awards or assessments. Any perms son thus remonstrating in writing who is aggrieved by the decision of the board may, within ten days thereafter, take an appeal to the circuit or superior court in the county in which such city is located. Such appeal shall only affect the amount of the assessment or award of the person appealing. 22. Such appeal may be taken by filing an original complaint in such court Wgainst such board of park commissioners within the time named, setting forth the action of such board in respect to such as- sessment or award, and stating the facts rellied upon as showing an error of such board. Such court shall rehear the matter of such assess- ment or award de novo, and confirm, lower or increase the same, as may seem just. Said cause shall" be sumearily tried by the court without the interventionof..a jury, as other civil cases. All remonstrances upon vhich an appeal is taken may be consolidated and heard as one cause of action, and all such appeals shall be heard and determined by said court as sooruas practical. In case such court .shall reduce the amount of benefits assessed against the land of such property owner ten per cent. of such assessment b y said or increase —15