Year: 1867

lovno ont and construction of said proposed new highway and bridge, and to the modes of proceed ine by which the laying out and construction there of may be accomplished and enforced !; prouaded, however that if any person shall feel aggreved by the action of the selectmen of said town in laying out said highway, or by the estimate of the dam ages, and shall make application to the superior court for relief in the manner prescribed by sec- tiontwenty-fifth of said chapter his said applica- ton shall be made within thirty days after said highway is laid out and accepted by said town; ard proujded further, that he may, if he sees fit, allege in said application that the laying out or construction, of any part of said highway or bridge, of which he complains, fought to be alter, ed, changed or modified; and in such case said court shal by committee or otherwise, enquire ln- to the allegations of said application and may con- firm, annul or alter, change or modify the laying out so complained of, and may make such order ln the premises as equity may require, and may al- low costs to either neither party, at is discre- tion; and prouided Jmther, that every person, whose real estate, not actually taken for the con- struction of said highway and bridge, will suffer consequential damages from the construction of said highway and bridge, shall be entitled to re- ceive, by estimate and assessment of such dama- ages, the amount thereof in the same manner and to the same extent, as if said damages were to be assessed and paid to him for his land actually ta- ken and occupied for the laying out and construc- tion of said highway and bridge.

 Sec. g.. In all cases where highways shall be ale tered or laid out and constructed by the town or New Haven, (including the case provided by sec-

  portion of the total expenses of such alteration or laying out and construction, may be assessed dls- tributively upon the persons whose real estate VIII be specially benefited thereby. The assessment in such case shall be made by the selectmen of said town, by written statement, signed by them, or 8 majority of them, and lodged and recorded Ill the office of the town clerk of said town, specify ing the name of each person assessed, and the amount assessed against him, and describing the real estate belonging to said person, which is to be specially benefited as aforesaid, and in respect o1 which said person is so assessed. Before making any such assessment, said Selectmen shall, by a notice to be published in at least two daily news papers of said town, at least ten days before the day fixed for the meeting hereinafter provided for designate time and place, when and where al persons interested may appear and be heard be- fore said selectmen, relative to such proposed as sessment, and said selectmen shall then and there give said persons reasonable opportunity to be SC heard.

 Sec f. The lodging of said statement in, the town clerks office aforesaid. shall be deemed no tice to all persons of the making of such assess ment and any person who shall feel feel aggriev thirty days after the lodging of said statement il said town clerks office, bring his petition to tho supreme court for New Haven county, praying tha said assessment, so far as he IS affected thereby may be set aside. Said petition shall be served al an ordinary petition in equity, against said town and said court shall proceed twith 1t, as such ant after due inquiry into the facts by itself, or by committee, said court may annul, modify or con firm said assessment so far as the petitioner IS al fected thereby, and may decree costs against ei ther or neither party at it's discretion; and tn judgment of said court in the premises shall b final.

 Sec. 5. Every person against whom any such as sessment shall be made, and who shall not brin; his petition to the superior court for relief afore said, shall be legally bound to pay to the town o New Haven the'amount assessed against him a aforesaid, and every person so assessed who shal bring his petition for relief as aforesaid, shall b. bound to pay said town the amount of the assess ment against him as finally fixed by said court msnt in said town clerks office, said town shal have lien (prior to all mortgage liens and al other liens except liens for taxesJ upon the req estate described in said statement belonging tt each of the persons therein named respectively and as being specially benefited as aforesaid, fol the full amount so due from said person to sait town. And said lien may be enforced by foreclo sure, like an ordinary mortgage.

 Approved, July 11th, 1867.