ART. 10.] CAMBRIDGE. 993
owner in the same manner as other debts are collected; and any
judgment obtained in such case shall be a prior lien on said prop-
erty.
1882, ch. 316.
76. If any ground bordering on any street ordered to be paved
shall be leased for a term less than seven years, the lessee or ten-
ant may pave or repair said street, or pay for the same if done
by the commissioners, and the same shall be allowed in part pay-
ment of the rent due and to become due to the owner; and if
such tenant should refuse as aforesaid, the commissioners may, in
their discretion, make him responsible for said costs, or proceed
against the owner.
Ibid.
77. If land or other property should be needed for corporate
purposes, that is, for streets, wharves, market-houses, engine-
houses, or any other purpose, the commissioners are empowered
to condemn the same, unless they can purchase it at a fair price;
and their mode of procedure shall be as follows: the commis-
sioners shall issue their warrant, under seal, to the sheriff of Dor-
chester county, to summon an impartial jury of twelve men from
the town, who shall not be interested, directly or indirectly, in
the matter to be determined, or be related to or connected with
the owner of the property sought to be condemned; and they
shall meet at the court-house in the town on the day fixed in said
warrant, not less than ten days from the issuing thereof; the
sheriff shall, immediately upon the receipt of said warrant, serve
notice thereof on the owner of the land to be condemned, and
return the same, with endorsements of service thereon, to the
commissioners; and if the owner is an infant, the commissioners
shall appoint an intelligent citizen of the town his guardian, who
shall appear to such proceedings and act for him, and who shall
receive two dollars for every day he may be engaged in the trial
of such case, to be taxed as a part of the costs; on the day fixed
for the hearing, the sheriff shall swear the said jury to value the
land and assess the damages sustained by the owner by means of
such condemnation, without partiality or prejudice, to the best of
their skill and judgment; and the jury shall then proceed to
make such valuation.
63
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