MASSACHUSETTS. 69 



Any city or town failing to comply with the directions of the said superin- 

 tendent in the performance of said work within the date specified by him shall 

 pay a fine of one hundred dollars a day for failure so to do, said fine to be col- 

 lected by information brought by the attorney-general in the supreme judicial 

 court for Suffolk County. 



Sec. 6. The mayor of every city and the selectmen of every town shall, on 

 or before the first day of November in each year, and at such other times as he 

 or they shall see fit, or as the State superintendent may order, cause a notice to 

 be sent to the owner or owners, so far as can be ascertained, of every parcel of 

 land therein which is infested with said moths, or, if such notification appears 

 to be impracticable, then by posting such notice on said parcels of land, requir- 

 ing that the eggs, pupae, and nests of said moths shall be destroyed within a 

 time specified in the notice. 



When, in the opinion of the mayor or selectmen, the cost of destroying such 

 eggs, pupse, and nests on lands contiguous and held under one ownership in a 

 city or town, shall exceed one-half of one per cent of the assessed value of said 

 lands, then a part of said premises on which said eggs, pupae, or nests shall be 

 destroyed may be designated in such notice, and such requirement shall not 

 apply to the remainder of said premises. The maj'or or selectmen may desig- 

 nate the manner in which such work shall be done, but all work done under 

 this section shall be subject to the approval of the State superintendent. 



If the owner or owners shall fail to destroy such eggs, pupse, or nests in 

 accordance with the requirements of the said notice, then the city or town, 

 acting by the public officer or board of such city or town designated or 

 appointed as aforesaid, shall, subject to the approval of the said superintendent, 

 destroy the same, and the amount actually expended thereon, not exceeding 

 one-half of one per cent of the assessed vaftiation of said lands, as heretofore 

 specified in this section, shall be assessed upon the said lands ; and such an 

 amount in addition as shall be required shall be apportioned between the city or 

 town and the Commonwealth in accordance with the provisions of section four 

 of this act. The amounts to be assessed upon private estates as herein provided 

 shall be assessed and collected, and shall be a lien on said estates in the same 

 manner and with the same effect as is provided in the case of assessments for 

 street watering. 



Sec. 7. If, in the opinion of the assessors of a city or town, any land therein 

 has received, by reason of the abatement of said nuisances thereon by said 

 superintendent or by said city or town, a special benefit beyond the general 

 advantage to all land in the city or town, then the said assessors shall deter- 

 mine the value of such specific benefit and shall assess the amount thereof upon 

 said land: Provided, That no such assessment on lands contiguous and held 

 under one ownership shall exceed one-half of one per cent of the assessed 

 valuation of said lands : And provided. That the owner or owners shall have 

 deducted from such assessment the amount paid and expended by them during 

 the twelve months last preceding the date of such assessment toward abating 

 the said nuisances on said lands, if, in the opinion of the assessors, such amount 

 has been expended in good faith. Such assessment shall be a lien upon the 

 land for three years from the first day of January next after the assessment 

 has been made, and shall be collected under a warrant of the assessors to the 

 collector of taxes of such city or town, in the manner and upon the t6rms 

 and conditions and in the exercise of the powers and duties, so far as they may 

 be applicable, prescribed by chapter thirteen of the Revised Laws relative to 

 the collection of taxes. 



