Page 144 - index

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:\IUNIC[PAL LAW. 141 I

OSIJ. Contracting the Rock Cutting. In case there is rock cutting,'
or blastiiif; to he done tlie engineer may let the .same by tender, and liave
the cont apportioned among tiie respective owners according to tiieir
interests, and payments made as provided in previous section,s.
4»54. Owners Using Ditch. Owners desiring to use such ditch in
wliicli to (h'ain hinds not contemplated by the original proceedings must
do so only upon an agreement or an award.
<»55. Deepening or Covering Ditches. The proceedings to be taken
for the deepening, widening, or covering of a ditch shall Ix; the .same as for
the construction of a ditch.
No ditch shall be covered, unless when covered it will provide capacity
for all the sui'face and other water from lands and roads di-aininj; naturally
towards and into it, as well as for the water of all the lands made lial)le
for its construction.
The maintenance of ditches widened, deepened, or covered .shall bf in
such proportion as was provided in the original award.
ami. Enforcing Maintenance. If any owner neglects to maintain
the portion of a ditch provided by the awaril, any of the owners who
were parties to the award whose lands are affected by the ditch may, in
writing, notify the owner thus making default to have his portion put in
repair within thirty days from the receipt of such notice. And if not so
completed within thirty days they may apply to the engineer, who will
enforce compliance, as in case of the non-performance of the construction
of a ditch previously mentioned.
051. Ditches Previously Constructed. Any one interested in any
ditch which has not been constructed under any Act relating to drainage
woi'k, may take proceedings for the deepening, widening, extending or
covering of such ditch in the same manner as for the construction of a
ditch under this Act. The extent and costs of the work, however, nuist
not exceed the linjitations imposed by this Act.
058. Reconsideration of Agreement. Any owner who was a party
to the agreement or award whose lands are affected by a ditch may, after
'If,'
two years from the completion of the construction thereof, or in case
of a covered drain at any time after one year, take proceedings for the
reconsideration of the agreement or award under which it was constructed.
The proceedings would be the same in all respects as for the construction
of the ditch.
But in case of a ditch that proves insufficient, .so as to cause an over-
flow of water upon lands along the said ditch and thereby causes damage
to the .same, the award may be reconsidered within six months instead of
the time previously mentioned.
05S>. Engineer's Liability. An engineer who wilfully neglects to
make an inspection witliin thirty days after he has received a written
notice to inspect shall be liable to a fine of not less than $5, nor more than ! .,',
$10, to be recovered with costs on a complaint before a justice of the peace.