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 proceand 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.

38. When any dykeď marshes are owned by two per- Cases of two 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 wages, &c.

of

42. Two-thirds in interest of the proprietors of any choose collectors marsh, swamp or meadow land, may make choice of a coland other off 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 assessed.

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 widening 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

Brunswick to

of Sewers.

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 Bointed by New and the lands of the estate of Henry Chapman, deceased, form board, calmeet such River, it shall be lawful for the Governor in Commissioners Council, upon the written requisition of the marsh pro prietors 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 rela

tion 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,

CHAPTER 42.

OF COMMON FIELDS.

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, fencing 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

offending or being accessory thereto, shall forfeit a sum Chap. 42. not exceeding twenty dollars.

compel proprie

lands to repair

9. Every proprietor of any field adjoining a common Proceedings to field enclosed and improved, in case his part of the fence tor of adjoining dividing his land from such common field shall become de- his fences. fective, shall immediately make the same a legal fence; and in case of his neglecting so to do within three days after notice given him by the field keeper or any proprie. tor, any fence-viewer on application may forthwith cause the same to be repaired; and the person who ought to have repaired the same shall pay double the expense thereof to the fence-viewer.

two-thirds in in

10. If any proprietor in a common field shall desire to Proprietor dehave his land separately fenced, he shall unless otherwise shall bear whole assented to by two-thirds in interest of the whole proprie- expense, unless tors, bear the whole expense of fencing the same, and shall terest consent. be bound to keep such fence in repair at his individual expense.

management,

their duty.

to assessments

11. At the annual meeting the proprietors shall appoint Committee of from among themselves a committee, of not less than three how appointed; nor more than five, to carry into effect the regulations made respecting such common field for the ensuing year. 12. Whenever the committee shall find it necessary to Instructions as raise money to carry into effect any regulation not apply- for various puring to the making or repairing of roads or bridges in or poses. across such common field, they shall assess the amount on the several proprietors or occupiers of the common field by an even and equal rate, according to the quantity and quali ty of land held; and in cases of regulations applicable to the making and repairing of roads and bridges in or across such common field, the committee shall assess the amount on the proprietors or occupiers by an even and equal rate, according to the benefit to be derived from such roads and bridges by each proprietor or occupier respectively.

extend to Grand

13. The last section shall not extend to any common Section 12 not to field on the Grand Prairie, or Wickwire dykes in Horton; Prairie. but the committee for any common field on such dykes shall have power to make and repair all fences, gates, roads and bridges in, across or around the same, to call meetings of the proprietors, giving three days notice to all proprie tors residing within six miles of their clerk's office, and to do all acts necessary for the security and improvement of such common field, and to notify the commissioners of sewers of said dykes of such expense; and the commis- Power of comsioners shall include the amount in any sum of money to dykes. be by them assessed upon the proprietors of such dykes as ordinary dyke rates, and shall apply such amount in payment of the expenses incurred, as certified by such committee.

mittee of such