The Portland daily press., 1871-05-09
An Act relating to drains and common sew
ers i'm the cities of Portland and BANGOR,

Be it enacted by the Senate and House of Repre-
sentatlves in legislature assembled as lellews:
officer Of Portland and fsapeor when said ci,ias
have constructed and completed any public drain or
common sewer, to determine what lots parcels OF
land benefited by such drain sewer.au to es-
innate ana assess upon suth lots and parcels O.
land. and against the owner thereof # known,
whether the same IS occupied or not, such sum not
exceeding such benefit as they may deem just and
equitable towards detrayiDg the expensns of con-
structing and completing such drain sewer, The
whole of such assessments not 10 exceed three
f0urths of the cost of such Grain sewer and such
drain or sewer shall forever thereafter be maintained
officers shall file with the clerk of said cities the lo-
cation OF such drain or sewer, with profile descrip-
ton OF the same with the amount assessed upon each
lot parcel OF land assessed ana the name of the
owner Of such lots or parces OF land if known, and
the clerks OF said cities shall record the same in
book Kept Tor that pun pose, and within ten days
afer filing such notice, each person assessed shall
be notified OF .uch assessment by having an anthem
Tic copy OF said assessment, with order OF notice
signed by the clerks OF said cies stating the time
ana place Tor hearing upon the subject matter OF
SAD assessments given to each person assessed
or left al his usual place OF abode in said cities if he
has no place of abode in said cities, then such notice
shall be gwen to or LETT at the abode his tenant or
tenant or Jesse in said city, then by ting the
neee e @ Rse IA th sa senE a
fore s lid hearing, or such notice may be given by
publishing the same three weeks snccessiveIy in any
cation to be at least thirty days before said hearing
return made upon copy of su h notice by any
cOhSGdOie III OF tne OF the
per containing such notice shall be conclusive
evidence that SAID notice has been given and uI on
such hearing the mpnicipa officers shall have cow
er to revise Increase or diminish any such assess
ments and all such revi ions increase or dimnu-
ton snail be in writing and recorded by such clerk
Section 2. ANY person nor satisfied with the A.
mount for which he assessed may within ten DAYS
after such hearing, by request IN writing given 10
such clerk have The assessment upon his lot par
eel OF land determined by arbitration. The miln-
eipa officers shall nominate six persons who al res
1dents OF said cities two OF whom selected by the APP
applicant may fix the cum to be paid by him. and
the ert of such referees made to The clerks of
said cities, and recorded by him, shall be final and
binding upon all parties. Said reference sba he
had aud their report made to said clerks within
thirty days from the tine OF hes ring before such
municipal officers named IN section one of this act
Section 8. Amy person may enter his private drain
into any such pubic drain or common sewer while
Inc same under construction and before the same
10 completed, and before the assessments are made
on obtaining permit 10 writing from the mur iciDai /
officers or the committee have The const,urf,nn 81
the same in charge; but after the same is complet-
ca and the assessments made, no person shall enter
his private drain iato the until he has paid bis
inc munlc pal officers. All permits given to enter |
any such drain or sewer shall he recorded by the
city cleiBs OF said cities before the same are issued
Section 4. All assessments made under the nroV;.
slons Of this act shall create lien upon each and |
Every OF OF pafce Oh land SO assessed and the bud
lnes upon the same. which lien shall coutiDue ons |
year after said assessments are made and w;thin |
zen days altef they are made the clerk OF said cities
shaii make cut a list Of all such assessments the
amount OF ach assessment, and the name az The
person, II KNOWN against whom the same is assessed
to be by MIN titled ana he shall deliver tbe same
to the treasurers said cities and il said assess
ments are not paid within three months from The |
gate OF said assessments, then the treasurer shall
proceeu ana sell such OF said lots Parcels of land
upon which such assessments remaid unnsiS. or so
much thereof, at public auction. as is necessary to
sams , re- shall advertise and sell the
s saaI IN tne sane way and manner that
reai estate is advertised and sold for taxes
under chapter six OF he revised stqtuies which sale
snail De mads within year from the time SAID as
u are made and upon sale, the treas
sns make, execute and deliver his decd 10 the
pureaaser thereof, which shall be good ana effectual
. pass tpe f.te OF such real estate; the sum for |
men IN sale shall be made, shall be the amount
penses.
Section 5. Any person to whom the right by law
belongs, may at any time within one year from the
date OF said sale, redeem such real by paving
to the purchaser his assigns the Tor Inch the
same was sod with interest thereon, at the rate OF
twenty per cent. per annum and the cost OF recon-
veyance.
Section 6. If said assessments are not paid, an |
said cities do prOceei to collect said
by sale OF the lots or parcels OF land upon which
such assessments are made do not collect or is p
any manner delayed or defeated in collecting such
ass by sale OF the real estate so assessed
Ihen the said cities, in the name OF the Inhabitants
d such cities or in the name OF such city, may cue
or and maintain an action against The party SO as
'esseu ior the amount OF said assessment, as for
money paid, laid out and expended, in any court
'ompetent ~ try the same, and in such suit NAV re.
oyer Tie amount OF such assessment with twelve |
oer cent interest on the same iron the date of said
assessments and costs.
section Z. All acts and parts of acts nconsiste mt
WITH this act are hereby repealed. This and said
epeai snail not apply to or affect any drain COM
mon sewer constructed or assessment made prior to
he approval OF this act, |
Section 8. This act Shall take effect when an
proved. ~ |
Az sewers constructed by the city the present year
Will be hene agreeably to the foregoing act OF The
Per order Committee on Drains and Sewers.
W. A. WINSHIP, Chairman,