Page images
PDF
EPUB

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.)

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

DECLARATION IN ACTION TO RECOVER BACK VOID OR UNCONSTITUTIONAL BETTERMENT. (G. L. c. 80, SECS. 5-10 INC.)

[merged small][ocr errors][merged small]

of the defendant town (or city) purporting to act under authority

of

levied upon the land of the plaintiff situated
for the benefit and advantage

an assessment in the sum of
alleged to result from the laying out and construction of

;

that said assessment was committed to the collector of taxes of said town (or city) and the plaintiff upon 19 paid the same

[ocr errors]
[ocr errors]

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.

INDEX

« PreviousContinue »