The Portland daily press., 1871-05-06
An Act relating to drains and common sew.
ers in the cities of Portland and BANGOR

ers In the cities of Portland and Bangor.
Be it enacted by the Senate and House OF Repre-
sentatlves in legislature assembled as follows:
Section l. p Il snaa De ne duty OF the municipal
have constructed and completed any public drain or
common sewer, to determine what lois or parcels of
land are benefited by such drain sewer to es-
innate and assess upon such lots and parcels OF
land. and against the owner thereof il known,
whether the same 10 occupied or not, such sum not
exceeding such benefit as they may deem just and
equitable towards defraying the axpensns of con-
structing and completing such drain or sewer, the
whole Of such assessments not TO exceed three
fourths Of the cost OF such drain sewer and such
drain or sewer shall forever thereafter be maintained
and kept in repair by said cities. Such municipal
officers shall file with the clerk Of said cities the o-
cation OF such drain sewer, with profile descrp-
ton OF the same with the amount assessed upon each
lot parcel OF land SO assessed, the Of the
owner of such lots or parces OF land if known, and
the clerks OF said cities shall record the same in
alter filing such notice, each person SC assessed shall
be notified OF .uch assessment by having authen-
tic copy OF said assessment, with order OF notice
signed by the clerks OF said cities, stating the time
ana place Tor hearing upon the subject matter OF
said assessments, given to each person SO assessed
or lett at his usual place Of abode in said ces If he
shall be gwen to or left at the abode OF bis tenant or
Lessee he has one in said cities; If he has no such
tenant or Jesse in said city, then by ting the
lot parcel OF land assessed, at least so days
fore slid hearing, or such notice may be given BY
publishing the slime three weeks sncce ssively in any
newspaper published in said Cities the first pub-
cation to be at least thirty days before said hearing
return made upon copy OF su, h notice by any
constable In said Cities or the production of the pa
per containing such notice shall be conclusive
evidence that said notice has teen given and upon
TO revise increase diminish any OF such assess
ments, and all such reviions, increase or diminu.
ton shall be in writing and recorded by such clerk
Section z Any person NOT satisfied with the a.
mount for which he is assessed may within ten DAYS
after such hearing, by request in writing given 10
such CLERK have the assessment upon his lot or mar
eel Of land 0etarmiuad nv Tba
cipa officers shall nominate six persons who al res
idents OF said cities, two OF whom selected by the an
p)cant with third resident person selected by such
applicant may Ok the fum to be paid by him, and
the rerort OF such referees made to the clerks of
said cities. and recorded by him. shall be final and
biudng upon all parties. Said reference shall be
had and their report made to said clerks vii
thirty days from the time OF hea ring before such
municipal officers hamed IN section one of this act
Section 8. Any person may enter his private drain
into any such puolc drain or common sewer while
the same il under construction and before the same
obtaining permit in writing from the mur icipa
officers OF the committee have the constr ucten OF
the same in charge; but af.er the is complet-
ed and the assessments made, person shall enter
bis private drain Into tho until he has pad his
assessment and obtained a permit in writing from
the munic pal officers. All permits given to enter
any such drain or sewer shall he recorded by the
city clerks OF said cities before the same are issued
Section 4. All assessments made under the provi-
s1Ons oil this act shall create lien upon each and
every lot parcel oil land assessed and the bud
ines upon the same, which lien shall continue one
year after said assessments are made, and within
ten days aei they are made the clerk OF said cities
shall make out list If all such assessments, the
amount OF each assessment, and the name Of the
person, ifkDown against whom the same is assessed
to be by him ce titled; he shall deliver the same
TO the treasurers OF said cities, and IL said
ments are not paid within three month, from the
date OF said assessments then the treasurer shall
proceed and sell such OF said lots Larces of land
upon which such assessments remaid unpaid, OF SO
pay such assessments and all costs and incden tai
same in the same way and manner sr that hat
under chapter six OF The revised statutes which sale
shall be maze within year from the time said as
sesments are made; and upon such sale, the treas
urer shall make, execute ard deliver his deed 10 the
% PAS: the tito & sasR .hha good esst
which such sale shall be made shall be the amount
OF the assessment and all costs and incidental ex-
penses.
Section s. 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 estate by paying
to the purchaser or his assigns the which the
same was sod with interest thereon at the rate OIL
twenty per cent. per annum and the cost OF recon-
veyance.
Section 6. II said assessments are not maid. an
said cities do not proceed to collect said
BY sale Of the lots or parcels of land upon which
such are made or do not collect or is in
ass ssmens by sale OF the real estate 90 assessed
then the said Cities in the name OF the Inhabitants
Of such cities or in the name OF such city, may sue
for and maintain action against the paity 30 as
sessei Tor the amount OF said assessment as for
money paid, laid cut and expended, in any court
competent to try the same, and in such suit may re.
cover the amount OF such assessment with twelve
per cent interest on the from the date OF said
assessments and costs. sEa.
Section 7. All acts and parts of acts inconsistent
with this act arc hereby repealed This and said
repeal shall not apply to or affect any drain COM
mon sewer constructed or assessment made prior to
the approval OF this act.
Section g. This act shall take effect when ap-
proved.
All sewers constructed by the city the year
Will be none agreeaby to the foregoing act OF the
Legislature. - :
Per order Committee on Drains and Sewers,
W. A. WlNSHlP, Chairman.
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