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EDWIN WARFIELD, ESQ., GOVERNOR.
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1069
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plaints, if any be made, within ten days after the work has
been completed; after ten days they may accept the same.
Controversies with the contractor may be settled by sub-
mitting the matters in question to referees chosen in the
usual manner, or the contractor or claimant may be left to
his action at law, but in the meantime the public may use
the improvement. After the work has been accepted the
persons who are liable to pay for the same shall not be
entitled to set up any defects in the work or material as a
ground from exempting them from paying their contribution.
As soon as the work has been accepted, or as soon as any
dispute is settled by arbitration or suit at law, the Mayor
and Council, upon their previous order fixing the proportion
which each person liable to pay shall contribute, shall ascer-
tain the entire expense for the improvement and shall assess
each person who is liable with his proper share of said
expense, and to this end the Mayor and Council shall pass
an order wherein the persons who are bound to pay any
portion of the expenses, and the property on account of
which they are bound to pay the same shall be mentioned,
and each of said persons shall be ordered to pay the treas-
urer of Pocomoke City his proper part of the expense. The
said assessment shall be a tax and it shall bind the property
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CHAP. 549
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affected thereby, and to such property it shall be a lien
thereon with a priority over all other liens; a copy of the
order may be filed and recorded in the office of the clerk of
the Circuit Court for Worcester county if the amounts
ordered to be paid therein be not paid in thirty days after
the passage of the order, and the lien may be enforced by
scire facias, or bill in equity, as in the case of a mechanics'
lien. If the property affected, and on account of which the
assessment was made, is not sufficiently described for identi-
fication, the description may be perfected in the writ of
scire facias, or bill in equity. If scire facias is resorted to
a separate writ shall be issued in the case of each person
who has not paid his assessment, but if in any case two or
more persons are together liable to pay the same on account
of the same property, one scire facias shall suffice for all
such parties. But all the assessments may be adjusted
under the same bill and decree in a court of equity; the
property of infants shall be affected equally with that of
adults under and by virtue of such assessment; but in the
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Copy filed and
recorded in
the clerk's
office.
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