
    Joseph H. Custy vs. City of Lowell.
    Middlesex.
    January 13.—14, 1875.
    Ames & Endicott, JJ., absent,
    The Superior Court has no jurisdiction of an application for a jury under the Gen. Sts. c. 48, § 6, made more than three months after notice of an assessment upon the petitioner’s estate by the mayor and aldermen of a city for a proportionate part of the expense of constructing a sewer by which the estate is benefited, although the one month’s notice in writing to the city required by the statute is given within the three months; and such want of jurisdiction may be taken advantage of at any time before judgment.
    Petition to the Superior Court, filed October 28, 1873, for leave to enter an appeal from an assessment upon the petitioner’s estate made July 21,1873, by the mayor and aldermen of Lowell, of a proportionate part of the expense of the construction of a sewer in South Street in that city; and alleging that on September 23, 1873, the petitioner gave the said mayor and -aldermen one month’s notice in writing of Ms intention to appeal. In the Superior Court the petition was dismissed, and the petitioner appealed.
    
      T. Wentworth & R. B. Caverly, for the petitioner.
    
      J. F. McEvoy, for the respondent.
   Gray, C. J.

The application of the petitioner for a jury was required to be made within three months from the time when he received notice of the assessment of which he complains. Gen. Sts. c. 48, § 6. After the expiration of that period, the court had no jurisdiction of the subject matter of his application, and the want of jurisdiction might be taken advantage of at any time before judgment. Palmer v. Dayton, 4 Cush. 270. Eddy’s case, 6 Cush. 28. Eaton v. Framingham, Ib. 245. Elder v. Dwight Manuf. Co. 4 Gray, 201. Riley v. Lowell, ante, 76.

Judgment dismissing petition affirmed.  