Page 145 - index
P. 145

142                MUNICIPAL LAW.
                            4MiO. Draining to a Road. Liuuls adjoining u nmil  or highway
                         where tlie nutiniil course of tlie water  i.s towards this road may he drained
                         therein, and the municipality  is required to provide an  outli't tor the
                         .surface and other water wliicli naturally flow to such road.
                            Ill case no such outlet  is provided, the numicipality is liable for an}-
                         damai,fe  that may  he thereby occasioned  other property  that may be
                         flooded.
                            <»<>!. Natural Watercourses.  A stream or creek flowinjf throui^h
                         tlie lands of various person.s cannot be diverted to another cour.se without
                         the con.sent of all the parties who are beneficially affected by such stream
                         passing- throuj,di tlieir lands.
                            Surface or other water naturally flowing from the property of one
                         neiglibor across the lands of others, and a ditch or watercourse, either b}'
                         artificial or natural wear of the water having been formed, such  ditcli
                         cannot be closed u]) Viy the owner  (jf any of the lands through which  it
                         passes, aiul thereby do injury to other lands by the water backing up and
                         flooding such lands.
                            Hut  procei'dings should  be taken under the  " Ditches and Water-
                         courses Act "  to have a ditch constructed, to which the owiuTs of all the
                         lands afl'ected .shall contriljute as their interest appears
                            ^MW. The Municipal Drainage Act  is not given  in  full  in this
                         volume, as individuals are not so particularly interested in the provisions or
                         intention of that Act as they are in the Ditches and Watercourses.  It  is
                         enough to say that upon a petition of a majority in numl)er of the resident
                         and non-re.sident ])ersoiis (exclu.sive of farmers' sons who are not actual
                         owners), as shown by the last revised Assessment Roll to be owners of lands
                         to be benefited  in any describeil area in a township, incorporated village,
                         town or city, to the Council thereof, for the drainage of the area described
                         in the petition, the Council will order an e.\amination and report  l)y the
                         engineer.
                            iiiili. By-Laws.  Should the Council, after considering the engineer's
                         report ami the petition, be of the opinion ihat the drainage work proposed
                         in  siiid  petition, or a portion thereof, would be desirable, the Council may
                         pass a by-law  :
                            1. For pi-<jviding for the proposed drainage work or a portion thereof
                         being done.
                            2. For borrowir, on the credit of the municipality the funds necessary
                         or the portions to be contributed by the initiating, wlien the same is to be
                         constructed at the expense of two oi" more municipalities, and for i.ssuing
                         debentures to the I'equisiti* amount, in sums of not less than 1?50 each, aiul
                         payable within twenty years from date, with interest at the rate of not
                         less than four per cent, per annum.  In  ca.se of ))uinping and embanking
                         drainage work the debentures ma^' be payable within thirty ^-ears.
                            4M»4. Travelling on Highways.  1. Carriages meeting on the high-
                         way .shall turn out to the right, giving one-half the road.
                            It  is the same when meeting a bicycle or tricycle, the carriage must
                         turn out to the right far enough to allow the cycle sufficient room on the
                         traxi'lled portion of the road to pass.
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