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Town may offer a specified sum

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ration through any action of said board under this act. Said board at the time of such taking shall notify the owners thereof in writing, and may agree with any person or corporation upon the damages sustained by such person or corporation; and if the damages are not agreed upon a jury in the superior court for said county may be had to determine the same, upon petition of either party, in the manner provided by law for determining damages for land taken for highways; but in case of a taking no suit or petition shall be brought after the expiration of two years from the date of the recording of the taking as herein provided; and in all other cases no suit or petition shall be brought after the expiration of two years from the time when the cause of action accrues.

SECTION 4. In

every case of a petition for the assessas damages, etc. ment of damages or for a jury said town may at any time file in the office of the clerk of the court an offer in writing to pay the petitioner a sum therein specified as damages; and if the petitioner does not accept the same within thirty days after notice of such offer, and does not finally recover a sum greater than that offered, not including interest from the date of the offer on the sum so recovered, the town shall recover costs from the date of said notice; and the petitioner shall be entitled to costs only to said date.

Apportionment of cost.

SECTION 5. The owners of estates benefited and abutting on any streets or ways, public or private, in which sewers shall be laid under the provisions of this act, shall pay to said town towards defraying the cost of such sewers, system or systems of sewerage and sewage disposal, an assessment or betterment charge as follows: - Twentyfive cents per running foot frontage on the street or way in which a sewer is constructed, and three tenths of one cent per square foot of area within a depth of one hundred and twenty-five feet from the line of such street or way. In cases of corner estates abutting on more than one sewered street the same area shall not be assessed twice, and the frontage upon the longest side upon any sewered street or way shall be assessed only, except when the frontage on the remaining sewered street or way is more than one hundred and twenty-five feet, when all frontage on such remaining sewered street or way in excess of such amount shall be assessed as provided. No estate shall be deemed benefited unless or until a sewer is constructed into which it can be drained. The

assessments

remainder of the cost of said system or systems shall be borne by the town. The sewer commissioners shall determine the amount of assessment due, in accordance with this act, from any and all estates benefited, and as soon as the sewer or sewers are completed so that such estates may be drained therein, they shall assess said amount upon the owners of such estates by filing a certificate with the collector of taxes of said town, designating the street or way or part thereof sewered, and setting forth the names of the owners of the estates abutting and benefited, and the amount of the assessment to be paid by each, and referring to a plan on file in said sewer commissioners' office, which plan shall show the name of each owner of such estates, the location thereof upon such sewered street or way, and the frontage and area of each estate as assessed. The collector shall upon receipt of such certificate make Payment of a demand in writing for the payment of such assessment etc. or charge, and every owner shall within three months after such demand is served upon him or on the occupant of such estate, or sent by mail to the last address of the owner known to the collector of taxes, pay to the town collector of taxes the sum so assessed or charged: pro- Proviso. vided, that said board shall, on the written request of any owner, made within three months, apportion such assessment or charge into such a number of equal parts or instalments, not exceeding ten, as the owner shall designate in such request, and they shall specify such apportionment to the assessors. Interest from the date of such apportionment at the rate of five per cent per annum shall be added to each of such assessments or charges until they are paid, and one of such parts or instalments shall be added by the assessors to the annual tax of such estates for each year ensuing until all such parts have so been added, unless paid before as hereinafter provided. Nothing herein shall be construed to prevent the payment at any time in one payment, notwithstanding its prior apportionment, of any remainder of any assessment or charges then remaining unpaid, but interest on such balance at the rate of five per cent per annum shall be paid to the date of such payment, and thereupon the town treasurer shall receive the same and certify such payment or payments to the assessors, who shall preserve a record thereof.

etc., to consti

SECTION 6. The assessment or charge aforesaid shall Assessment, constitute a lien upon the estate, which shall continue for tute a lien upon

estate, etc.

May be collected by an action of contract.

Persons aggrieved may apply for a jury, etc.

Swampscott
Sewerage Loan.

two years after such certificate is made and filed, and after the demand aforesaid is made, or, in case of apportionment, until the expiration of two years from the time when the last instalment is committed to the collector. Said assessment, together with interest at the rate of five per cent per annum, with incidental costs and expenses, may be levied by the sale of such estate or so much thereof as shall be sufficient to discharge the assessment and interest and intervening charges, if the assessment is not paid within three months after the service of said notice, or, if it has been apportioned, within three months after any portion has become due. Such sale and all proceedings connected therewith shall be conducted in the same manner as sales for the non-payment of taxes are conducted, and real estate so sold may be redeemed in the same manner as if it were sold for the non-payment of taxes. Such assessments or part thereof may be collected also by an action of contract in the name of the town of Swampscott against the owner of such estate, brought at any time within two years after the same has become due.

SECTION 7. Any person aggrieved by such assessment may at any time within three months after the service of the demand mentioned in section five of this act apply to the superior court of said county for a jury to revise the same, but before making such application he shall give to said commissioners fourteen days' notice in writing, and shall therein specify particularly his objection to the assessment, to which specification he shall be confined in his hearing before a jury.

SECTION 8. The town of Swampscott, for the purpose of paying the necessary expenses and liabilities incurred under this act, may incur indebtedness and may issue from time to time bonds, notes or scrip, to an amount not exceeding two hundred thousand dollars, and the debt and loan authorized by this act, and the notes, bonds or scrip issued therefor, shall not be reckoned in determining the legal limit of indebtedness of the town under the provisions of section four of chapter twentyseven of the Revised Laws. Such bonds, notes or scrip shall bear on their face the words, Swampscott Sewerage Loan, shall be payable within periods not exceeding forty years from the issuing thereof, and shall bear interest, payable semi-annually, at a rate not exceeding four per cent per annum.

They shall be signed by the treasurer

of said town and shall be countersigned by a majority of
the sewer commissioners. The town may sell such secu-
rities or any part thereof from time to time at public or
private sale, or pledge the same for money borrowed for
the purpose of this act: provided, that they are not sold Proviso.
or pledged for less than the par value thereof; and the
proceeds thereof shall be retained in the treasury, and
the treasurer shall pay therefrom the expenses incurred
for the purposes aforesaid.

annual pay

loan, etc.

SECTION 9. Said town instead of establishing a sinking May provide for fund may at the time of authorizing said loan provide for ments on loan. the payment thereof in such annual proportionate payments as will extinguish the same within the time prescribed in this act; and when such vote has been passed the amount required thereby, less the amount that may be appropriated therefor as provided in the following section, shall without further vote be assessed by the assessors of the town in each year thereafter until the debt incurred by the town shall be extinguished, in the same manner as other taxes are assessed under the provisions of section thirty-seven of chapter twelve of the Revised Laws. SECTION 10. The receipts from assessments and pay- Payment of ments made in lieu thereof under this act, after deducting all charges and expenses for and incident to the maintenance and operation of said systems of sewerage, shall be applied first to the payment of the interest upon the bonds, notes or scrip issued under authority of this act, not otherwise provided for, and the balance shall be set apart for the payment or redemption of such bonds, notes or scrip, or for payment of the further extension of the system or systems of sewerage herein authorized to be constructed by said town, as the said town shall vote, and shall be used for no other purpose. If the receipts from said assessments and from payments made in lieu thereof in any year, not appropriated for the construction and maintenance of sewers as aforesaid, shall be insufficient to pay the interest on said bonds, notes or scrip, and the principal as it falls due, then in such cases the town shall raise forthwith by taxation, in the same manner as money is raised and appropriated for other town purposes, such sums as will meet the said requirements.

to appoint a

SECTION 11. The board of commissioners shall an- Commissioners nually appoint a clerk, and may appoint a superintendent clerk, etc. of sewers, and may remove said clerk or superintendent

at its pleasure.

Contracts.

May prescribe

rules and regu

penalties, etc.

The compensation of the commissioners shall be fixed by the town.

SECTION 12. All contracts made by the board of commissioners for the purposes of this act shall be made in the name of the town, and shall be signed by the board; but no contract shall be made or obligation incurred by the commissioners for any purpose in excess of the amount of money appropriated by the town therefor. SECTION 13. The board of commissioners may from lations, impose time to time prescribe rules and regulations for the connecting of estates and buildings with main drains and sewers, and for the inspection of material, the construction, alteration and use of all connections and drains entering into such main drains or sewers, and may impose penalties not exceeding twenty dollars for each violation of any such rule or regulation. Such rules or regulations shall be published not less than once a week for three successive weeks in some newspaper published in the town of Swampscott, if there be any, and otherwise in some newspaper published in the county of Essex, and shall not take effect until such publication has been made.

Certain provisions of law to apply.

Plans to be ap

proved by state

SECTION 14. The provisions of chapters twenty-seven and forty-nine of the Revised Laws, so far as the same are applicable and not inconsistent with this act, shall apply to the town of Swampscott in carrying out the provisions of this act.

SECTION 15. No work shall be done under the auboard of health. thority of the preceding sections until the plans for said system or systems of sewerage have been approved by the state board of health; and no system or systems of sewage disposal shall be approved by said board, except such as provide that the point of discharge of said sewage shall be at or near Dread Ledge beacon in Nahant bay, unless some other point of discharge shall be approved by said board after a public hearing of which the mayor and aldermen of the city of Lynn and the selectmen of the towns of Marblehead and Nahant shall receive proper notice.

When to take effect.

SECTION 16. This act shall take effect upon its passage, but no expenditure shall be made nor any liability incurred thereunder unless this act shall first be accepted by vote of the majority of the voters of said town at a legal meeting called for the purpose.

Approved February 13, 1902.

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