Page 141 - index

13S MINI CI PAL I>A\V.
iippointoil, servo upon the otlicr owners a notice, reijuirini^ their atteiidaiico
fit the time and place fixed by tiie (Miy'inoer. and siiall, after servin<;' tlu^
same, endorse on one copy tiiereol' tlie time and manner of service, ami
leave the same with the eiif^ineer, not later than the day Vjefore the time
fixed by the enj^ineer for his examination.
041. Mode of Serving Notices. Notices may be served pervsonally
'ir left at the j^lace of abode of the owner or occupant with a grown-up
pei'.son residiiio; there: in case of non-resiilents, they may be served upon
tln' ,>oent of the owner, or mailed by registered letter to the owner at the
Po ' 'i 'ice neare.st to his last-known ])lace of residence, and in case that is
not known then in such maimer as the Jmlge may direct.
A;\ occupant being notified, he shall innnediately notify the owner or
become personally liable for all dan\ages the owner may suffer by such
neglect.
<»4!''i. Examination by Engineer. He shall attend at the time
and place appointed by him antl examine the locality, examine what
witne,s,ses he deems necessary', may adjourn his examination from time to
time, and if he finds that the ditch is required, he shall, , ithin thirty days
after his first attendance, make his award in writing, specifying clearly the
location, description and course of the ditch, its connnencement and termi-
nation, apportioning the work and the furnishing of material among the
lands afl'ected and the owr.ors thereof, according to his estimate of their
respective interests in the ditch, fixing the time for performance by the
respective owners and a))portioning the maintenance of the ditch among
the owners, .so that as far as practicable, each owner shall nniintain the
portion on his own land. He shall al.so state the amount of his fees and
the other charges, and 1)y whom the same shall be paid.
If the ditch is to be covereil, he shall also state the kind of material
to be used in covering the same.
ii4H. Crossing Land not Benefited. If, in the opinion of the engin-
eer, it is nece.ssary to carr^' the ditch across land that would not be benefiteil
by the ditch to make the owner liable to perform any part thereof, he may
bj' lus award relie\e such owner from liability and place its construction
on the other owners.
Any person ma}^ enter upon such land to carry out the provisions t)f
the award without being deemed a trespasser.
<»44. Award and Notices. The engineer is required forthwith after
making his award to tile the .same, together with the plans a?id specifica-
tions, with the Clerk, or if the lands affected by the ditch be in more than
one municipality, then with the Clerk of each municipality.
The Clerk or clerks .shall innnediately, up(m the filing of the .same,
notify, either personally or by registered letter, each of the persons affected
therein', the portion of work to be done and material to be furnished by the
persons so notified as shown by the award.
The Clerk is recpiired to keep a book showing the names of persons to
whom the notices are sent, the address where sent, and date of posting or
delivery personally.