Page 140 - index
P. 140
'•JT
MUNICIPAL LAW, 137
An ixcL'iition is made in respt-ct to the lan<l.s lyinjf east of the Count}-
0
of Frontenac, where tlie distance is one huiuh'cd yards instead of aeventj-
five.
0:M». Mode of Proceeding. Any owner of land desirinjr a ditch to
be constrncteil must tile with tiie Clerlv of tlie Municipality a declaration
'''Wii
of ownersiiip, which may be taken before a justice of the peace or the
Clerk, then <five a written
0;U. Notice to Other Owners of land wiio reciuire the ditch,
naming a day, and hour and place convenient to the site of the ditch at
which all the owners are t(j meet and estimate the cost, and agree, if pos- vPfc
sible, upon the apportionment of the work and tiie supply of material among m
them according to theii- respective interests. The notice shall be served
not less than twelve clear days before the time named for the meeting.
4»;W. Form of Agreement. If an agreement is arrived at by the
owners it shall l)e reduced to writing anil signed by all the owners, and
tiled with the Clerk of the Municipality within six days after the signing
thereof.
If the lands affected lie in two or more municipalities there must be
that number of agreements signed, and one tiled with the Clerk of each of
the municipalities.
Such agreement is bindiu"-, and mav be enforced in like manner as an
award by the engineer.
if the notices reipiiied to be given have been complied with no other
informality shall render the agreement void.
If. at or before the meeting of owners, it is discovered that the ])roper
notices ha<l not been given, or given in time, the owners present at such
meeting may adjourn the same to a subsecjuent day to allow the necessary
notices to be given.
iill9- Signature of Reeve. The Reeve or other head of the Council
shall have to sign the agreement on behalf of the municipality, and his
signature shall be l)inding upon the corporation. i«!
040. Asking for Engineer. 1. In case the owners of the land
cannot come to an agreement at the meeting, or within five days thereafter,
tiien the owner re(|uiring the ditch may tile with the Clerk a requisition ill
naming theivin the several tracts of land to be att'ected by the ditch and
the respective owners tiiereof, and reijucsting that the engineer apiuiinted
by the municipality be asked to ajipoint a time and place in the locality of
the proposed (litch at wliieli he will attend to make an exanunation of the
same.
'2. The Clerk, upon receipt of such retpiisition, will forthwith .send by
registereil letter a copy of the same to the engineer, who will, upon its
receipt, notify the Clei-k of the time and pliice at which he will attend,
wliieli shall not be le.ss than t(Mi nor more than sixteen clear days from the
time he received the reipiisition. On receii)t of the notice from the
engineer the Clerk will .send a copy of such notice to the owner making
the retpiisition, who shall, at least four clear days befoi-e the time .so
;-.'