—the property owner to show, where an assessment of that kind is made, or is about to be made, that the sum SO fixed is in excess of the benefits received. "

Where the assessment proposes to tax the total cost equally to each front foot, irrespective of the question of benefits, further proceedings may be enjoined.

—it was held that a complaint averring like acts and like intentions by town officers was sufficient to sustain injunction; but it should be noted that in the McKee Case there was no averment that the officers had proceeded and would accomplish the improvement under the provisions of any law of this state, and that decision rests upon this ground.

—the town was threatening to construct a street improvement and collect the cost from the abutters by frontage.

Gleason (NY), 57 N., E. 487.*** Town trustees cannot contract for a street improvement at a price largely in excess. of the total special benelts to abutting property owners.

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