State v. Town of Union

The opinion of the court was delivered by

Magie, J.

No contest is made as to the power of the town of Union to assess the cost and expense of sewers built by it upon the property benefited thereby.

Such power was required by the general “Act respecting •assessments for local improvements in towns and townships,” *68approved March 23d, 1883, to be exercised by assessing such cost and expense upon the land and real estate benefited, in-proportion to and not in excess of the benefits received from the sewer. Rev. Sup., p. 548, § 263. Any excess of the cost and expense over the benefits is to be borne…