Wherefore your petitioner prays that a writ of certiorari may issue from this honorable court directed to said board of of the of commanding them to return to this court true and perfect records of their proceedings relative to to the end that all said proceedings may be quashed and further dealt with as law and justice may require. FORM NO. 21 ANSWER OR RETURN TO PETITION FOR WRIT OF CERTIORARI. SEE G. L. c. 80, SECS. 5-10 INC. We, the board of of the of do certify and return that on 19 in pursuance of the authority vested in us by law we passed the following order, to-wit: And we, the respondents, further say that the assessment levied upon the petitioner under said order was proportional and reasonable and in accordance with law. And we, the respondents, further say (Here set up any extrinsic facts tending to show that justice does not require the quashing of the assessment.) DECLARATION IN ACTION TO RECOVER BACK VOID OR UNCONSTITUTIONAL BETTERMENT. (G. L. c. 80, SECS. 5-10 INC.) of the defendant town (or city) purporting to act under authority of levied upon the land of the plaintiff situated an assessment in the sum of ; that said assessment was committed to the collector of taxes of said town (or city) and the plaintiff upon 19 paid the same to said collector after protest in writing (or after said collector had published notice of the sale of said land for the non-payment of said assessment.) That said assessment is wholly illegal and void for the following reasons but the defendant has had and received the money of the plaintiff so unlawfully taken from him. Wherefore, the defendant owes the plaintiff the sum of $ with interest thereon at the rate of 6 per cent per annum from (date of payment). FORM NO. 23 PETITION TO SUPERIOR COURT FOR ABATEMENT OF BETTERMENT (G. L. c. 80, Sec. 7). Your petitioner says that he is the owner of a certain parcel of Street in the city (or town) of land on bounded and described as follows: That on the board of laid out said of said city (or town) of Street as a public way (or took certain land in the neighborhood of said land of petitioner for a certain public improvement) and said way (or improvement) was thereafter constructed by said city (or town); and on Isaid board of levied an assessment for the laying out (or establishment of said way (or improvement) upon said parcel of petitioner in the sum of ; that said parcel of petitioner received from said laying $ sent out (or establishment) and construction much less benefit than the amount of said assessment, and said assessment is disproportionate and excessive; and the Collector of said city (or town) on notice of said assessment to petitioner, and petitioner within six months thereafter, namely on filed with said board of a petition for the abatement of said assessment, and said board on rejected said petition and sent to petitioner written notice of its action thereon; and petitioner is aggrieved by the doings of said board as above set forth and appeals therefrom to this Honorable Court. |