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Session Laws, 1908 Session
Volume 483, Page 1153   View pdf image (33K)
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ART. 24.] WORCESTER COUNTY. 1153

after ten days they may accept the same. Controversies with
the contractor may be settled by submitting the matters in
question to referees chosen in the usual manner, or the con-
tractor 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 for 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 pro-
portion which each person liable to pay shall contribute, shall
ascertain 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 treasurer of Berlin his
proper part of the expense. The said assessment shall be a tax
and it shall bind the property 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 en-
forced by scire facias, or bill in equity, as in the case of a
mechanic's lien. If the property affected, and on account of
which, the assessment was made, is not sufficiently described
for identification, 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 case of infants the proceedings to en-
force the same shall be by bill in equity; the judgment under
scire facias or the decree in equity shall set forth the priority
which the assessment made by the order of the Mayor and
Council holds and possess the premises; under the decree the
payment of the lien may be compelled by execution or by ap-
pointment of a trustees to sell. The adjusters shall be paid one

 

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Session Laws, 1908 Session
Volume 483, Page 1153   View pdf image (33K)
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