Title
A Digest Of Decisions Of Municipal Interest Of The Supreme Judicial Court Of Massachusetts.,New
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. ...8. A bylaw of the city of Boston, requiring that every person who enters Ids particular drain into a common sewer of the city shall be held to pa;y to the city such sum as is his just proportion of the expense of making such common sewer, having reference always to the last valuation of such person in the assessors' books previous to the expenditure, is void for inequality and unreasonableness. Boston v. Shaw, 1 Met. 130 (1840). 9. A city cannot maintain an action of contract on a quantum meruit against one who enters his particular drain into such common sewer, and upon whom no assessment has been laid for its cost. Lb. 10. A bylaw of the city of.Boston, providing that the expense of constructing a common sewer, after deducting the portion to be paid by the city, shall be assessed upon the persons and estates deriving benefit therefrom, either by the entry of their particular drains therein, or by any more remote means, apportioning the assessment according to the value of the lands thus benefited, independently of any buildings or improvements thereon, is valid. And it is no objection to the validity of an assessment, made pursuant to such bylaw, that the greater part of one lot assessed is lower than the bottom of the sewer. Downer v. Boston, 7 Cush. 277 (1851). 11. The statute of 1841, c. 115, (Gen. Sts. c. 48,) in relation to sewers and drains, is a valid statute; and the bylaws of the city of Boston, in relation to sewers and drains, passed June 14, 1841, and March 7, 1844, (Laws and Ordinances, 658661,) are in conformity with that statute, and valid; and owners of vacant lots on a street in which a common sewer has been laid in pursuance of such bylaws, are properly assessed for their proportion of the cost thereof, as well...
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