CHAP. 40. and may direct such lands to be drained by causing new or old drains to be opened through the same or any adjacent land; and such commissioner or commissioners may order such measures as they may deem proper for rendering the lands productive, and may require the proprietors or occupiers of the lands through which the drainage shall be ordered, to perform a just proportion of the labor necessary for the purpose, and shall have power to tax all lands benefitted by such drainage, and the proprietors or occupiers thereof for the expenses incurred, and for damage arising therefrom, in proportion to the benefit to be received. by such lands respectively, by a rate according to the quantity and quality of the lands owned by the proprietors respectively; which rate shall be levied and recovered as other dyke rates are; but no such rate shall be payable until ten days after notice given by the commissioner or commissioners, or his or their collector or clerk, to the proprietors or occupiers, or their known agents respectively, residing within ten (or in the County of Kings six) miles of the lands drained, of the amount thereof, or in case of an appeal, until after the decision thereon.

Making, alter. ing, &c., roads,

&c., through dyked lands.

Flowing dyked ands.

Proviso.

32. Two-thirds in interest of the proprietors of any body of marsh, dyked or undyked, may on application in writing, specially require the commissioners of sewers having such land in charge, or in case there be none, may select any other commissioner for the purpose of making, repairing or altering any private roads or bridges leading through or across the same, which such majority of twothirds in interest may deem expedient or advantageous; and the commissioners so appointed or required may call upon the proprietors of such lands to furnish men, teams, tools and materials to carry on such works, and may assess the owners or occupiers of such lands according to the benefit to be derived, and collect such rates in the same way as ordinary dyke rates.

33. On application in writing, two-thirds in interest of the proprietors of any part or portion of any dyked marsh or meadow land, desiring to flow the same, may direct the commissioner in whose jurisdiction such lands may lie, or in case there is none, any commissioner selected by themselves from the same county or town, to proceed immediately and set off such part or portion into a separate body, and dyke out such part or portion for the purpose of flowing the same; and such commissioner may require the proprietors or occupiers of such lands to furnish their proportions of labor and materials necessary to erect a division dyke for that purpose, and shall assess them for the expenses and damages thereof according to the benefit to be received by such flowing: provided always, that

whenever it shall appear to any commissioner of sewers CHAp. 40. adjoining such flowed lands that such division dyke is insufficient, and such lands adjoining are endangered thereby, it shall be lawful for such commissioner to repair such division dyke, and collect the expenses thereof from the proprietors of land so dyked out.

borne.

34. The expenses of repairing the dyke cut for such Expenses, how flowing shall be borne by the proprietors of the land so dyked out and flowed.

fied with rate.

35. If not less than one-third in interest of the pro- Notice by proprietors or occupiers taxed shall within seven days after prietors dissatisbeing notified thereof give notice to the commissioner or commissioners in writing, signed by themselves or their respective agents, that they are dissatisfied with the rate, such commissioner or commissioners shall summon the owners or occupiers of such lands or their known agents or such of them as shall reside within ten miles (or in the county of Kings six miles) of the work, to meet at a certain place and on a certain day, being at least three days, exclusive of Sunday, after service of such summons; Assessors to be when a majority in interest of those present shall elect decision shall be not less than three or more than five disinterested final. persons as assessors; and the assessors or a majority of them, having been first sworn into office in the. same way as the clerk, with such commissioner or commissioners, shall assess such owners or occupiers for the expenses incurred, including a sum not exceeding one dollar and fifty cents a day for each assessor while actually employed, and the decision of the assessors or any three of them shall be final.

chosen, whose

dure where last

36. In case the proprietors neglect to meet at the time Mode of proce and place appointed or to appoint assessors, or in case the section not comassessors or a majority of them neglect to perform the plied with. duties imposed upon them; the commissioner or commissioners shall forthwith submit and refer such rate to three other disinterested commissioners of sewers of the county or township within which the lands lie, by name; who shall forthwith revise, and, if they see fit, amend such rate, and the decision of the revising commissioners, or any two of them, shall be final.

lands of persons

how valued and

37. When the land of any proprietor within such marsh, Damages to swamp or meadow land, other than that of the applicant, not applicants shall have been injured by such drainage, or other mea- assessed. sures ordered, the damage shall be valued, assessed, and paid in the same manner as directed for the expenses incurred in such drainage.

Cases of two

38. When any dykeď marshes are owned by two per- proprietors, sons in such proportions that neither is interested to the neither owning extent of two-thirds, either party may require one or more provided for.

two-thirds, how

CHAP. 40. commissioners to take charge of and carry on any work necessary for repairing the dykes thereof.

Certiorari for removing pro ceedings into Supreme Court.

Fines for clerks

and other offi

duty.

39. If any owner or occupier of land think himself aggrieved by the proceedings of the commissioners or of any person acting under this Chapter, he may remove the proceedings of such commissioners by certiorari into the Supreme Court, where they shall be examined, if necessary, and such determination made as shall be proper; but sufficient security shall be first given by the applicant to the Prothonotary of the Court for payment of costs to be awarded and taxed.

40. All clerks, collectors, overseers and assessors, who cers neglecting shall neglect or refuse to comply with their duties, shall be liable to a fine of two dollars for each offence, to be collected and appropriated as other fines under this Chapter. 41. Every notice required to be given, unless herein otherwise directed, may be a verbal notice to be given to the parties in person or left at their dwelling houses if known, and within the distance limited in this Chapter.

Notices may be verbal unless

otherwise specified.

Two-thirds of proprietors may

cers, settle rates of wages, &c.

42. Two-thirds in interest of the proprietors of any choose collectors marsh, swamp or meadow land, may make choice of a coland other of lector, overseers and assessors; may order, confirm or disallow any plan of lands, and settle the wages to be paid to or for the collector, overseers, laborers, carts or teams, and the price to be paid for materials, and cause the same to be entered in the book of record for the guidance of the commissioners.

Commissioner, how far liable for predecessor's acts.

Dyke lands alone to be as

sessed.

Persons widen

liable for dam

ages.

43. No commissioner shall be liable for any act of his predecessors in office about any work in which such commissioner is engaged, unless for money he might or could have collected on account of work done by his predeces

sors.

44. No lands except dyke lands, properly so called, shall be rated or assessed for any dyke rate for any purpose under this Chapter.

45. Whenever any proprietor of any marsh or swamp ing drains, &c., land, or land covered with water, is desirous of making any improvement on his own land, by deepening or widen ing the watercourses or drains of lands of any other person lying in front of such land, he shall be at liberty to do so independently of the commissioners of sewers or of the provisions of this Chapter. But nothing in this section shall prevent the person making such improvement from being liable for any damage he may cause by such works; provided, that no such improvement shall be begun until the party proposing to undertake the same shall have filed with the Clerk of the Peace a sufficient bond, with not less than two sureties to be approved by such clerk, to pay for all damages arising from such contempla.

ted improvement. Provided always, that whenever it CHAP. 41. shall be found necessary to cut any drain through any Drainage dyked or marsh lands the same shall be done under the through dyke supervision of the commissioners of sewers.

lands under supervision of commissioners.

appointed by

Council, with

form board, cal

of Bewers.

46. Whenever, pursuant to the laws of New Brunswick, there shall be appointed in that Province two or more Two or more commissioners for the body of marsh on both sides of the commissioners boundary line between New Brunswick and Nova Scotia, Governor in adjacent to the Missequash River and its tributaries, North two or more apof the point where the marsh lands of Joseph Trenholm Brunswick to and the lands of the estate of Henry Chapman, deceased, for Missequash meet such River, it shall be lawful for the Governor in Commissioners Council, upon the written requisition of the marsh proprietors on the Nova Scotia side of the said boundary line, from time to time to appoint two or more commissioners of sewers, who shall be sworn into office as directed by this Chapter, and who together with an equal number of commissioners appointed in New Brunswick, shall form a board called the "Missequash Commissioners of Sewers," a majority of whom shall form a quorum.

47. Such board of commissioners, or a majority of Their powers them, shall have and exercise as regards such body of and privileges. marsh on both sides of the boundary line aforesaid all the powers and privileges conferred upon commissioners of sewers generally under and by virtue of this Chapter, and in as full and ample a manner as if such property lay wholly within this Province; and it shall not be necessary to make separate rules for the portion of land lying in this Province, nor to appoint separate officers, or take separate proceedings in reference thereto, but the proceedings may be conducted throughout by such board conjointly, and all rates and assessments upon property lying in Nova Scotia may be enforced and collected pursuant to the provisions of this Chapter.

CHAPTER 41.

OF COMMONS.

the management

1. The sessions shall make regulations respecting com- Sessions to have mons in the several townships and enforce the same by of commons. penalties not exceeding eight dollars; and they shall have the general management of the commons and the control of the supervisors in the discharge of their duties in relation thereto.

2. Nothing in this Chapter contained shall extend to Certain comthe City of Halifax nor to any common, regulated by a mons exempted special act remaining unrepealed.

CHAP. 42.

Lines and

boundaries, how kept up.

Regulations to be made at annual general meeting.

Regulations to be recorded.

Fine for noncompliance.

Proceedings to compel the erection of fences.

Brands to be entered in

clerk's book;

fee therefor.

Fine for a second entry of same mark.

Fine for unauthorized or counterfeit brand.

1. Each proprietor of lands lying unfenced or in a common field shall, once in two years, on six days' notice given to him or his agent by the adjoining proprietor, run the lines, and make and keep up the boundaries of such lands, by stones or other sufficient marks; and any person neglecting so to do shall forfeit four dollars.

2. The proprietors of common fields shall meet annually on the first Monday of September, or on some other day to be appointed at a general meeting, at some convenient place, and by vote of a majority in interest of those present may make regulations respecting the managing, fenc ing and improving the same, and keeping the fences thereof in repair, and the making and repairing of roads and bridges in and across such common fields as may from time to time appear expedient.

3. The regulations shall be entered in a book to be kept for the purpose, and shall be signed by the chairman of the meeting; and the production of the book and proof of the entry made therein shall be sufficient evidence of the regulations.

4. If any person shall not comply with the regulations, he shall forfeit a sum not exceeding two dollars.

5. In addition to any penalty imposed by this Chapter, if any proprietor shall, after three days' notice from another proprietor, neglect to obey any regulations of the proprietors, under which he shall be bound to make or repair any fence, the fence viewer shall, on application, make or repair such fence, if he shall think it insufficient; and the person so refusing shall pay double the expense to the fence viewer.

6. Every brand or mark adopted by the proprietors of any common field by their regulations for branding or marking animals to be turned thereon, before being used shall be entered in the town clerk's book, and he shall receive twenty cents for making such entry.

7. The town clerk, after entry of such brand or mark, shall not enter any other brand or mark similar thereto, under a penalty not exceeding forty dollars.

8. If any proprietor of a common field, or any person by his direction, shall, with a brand or mark not recorded or entered by the town clerk, brand or mark any animal for the purpose of turning the same into a common field, or shall counterfeit any such brand or mark for the purpose of branding or marking any animal, every person so