U13. DRAINAOB, DYKING, AND IHRIGATIO.V. CHAP. 18.

CHAPTER 18.

An Act respecting the Drainage, Dyking, and Irrigation of Lands.

[lnt March. 1913.]

H IS MAJESTY, by and with the advice and consent of the legislative Assembly of «lie Province of Pritish Columbia,

enacts as follows: -Short Title.

1. This Act may lie cited as the " Drainage, Dyking, and Iriiga short tuio. tioii Act. lillo."

Interpretation. '£. Ill this Act Interpretation

•• Works" means and shall include any dykes, dams, weirs, locks, lock gates, floodgates, breakwaters, drains, ditches, Humes, pinup* and pumping machinery, and all other buildings, operations, machinery, or construction of what­ever kind or nature which may be deemed necessary or convenient for the carrying-out of any drainage, dyking, or irrigation scheme:

'• District" shall mean and include every drainage, dyking, or irrigation district already existing and constituted prior to the passing of this Act, and all the lands constituted a drainage and (or) dyking and (or) irrigation district by Order in Council hereunder:

• Judge" «hall mean the Judge of the County Court for the county in which the district or any part thereof is situate:

" Kngineer " shall mean and include the civil engineer for the time being appointed by the Commissioners, and approved by the Minister of Public Works, in writing, under his hand :

••Owner" shall menn and include the person for the time being registered in the register of indefensible or absolute fees as the owner of any lands within a district:

R v,r,

CHAP. Id . DRAINAGE, DYKING, AND IRRIGATION. 3 GEO. 5

" Execute " shall have such meaning as may be appropriate to describe the performance of the particular work or works referred to in the context:

'• Lauds" shall mean and include all lands in a district or proposed district.

Formation of District.

Petition of owner» 3. When the owners of any lands desire to have any works executed for reclaiming and improving the same by draining, dyking, or irrigating, or by any combination of such works, they may petition the Lieutenant-Governor in Council for the appoint­ment of three Commissioners to execute and maintain the same.

contents or petition 4. Such petition shall contain— (a.) A description of the lands proposed to be included in the

district and the approximate area of the same: (&.) In a general way, the nature of the works proposed to be

carried out for said district: (c.) The names of three Commissioners whom the owners desire

to be appointed for such purposes, and who express in writing their willingness to act as such:

(d.) The name of the proposed district.

5. Said petition shall be as near as may be in the Form No. 1 in the Schedule, and shall be signed by a majority in value of tlie owners within the projwsed district, and each Mich signature shall be dated.

6. In determining whether there is or is not a majority in value of owners of land, the assessable value of said lands shall alone lie taken into account.

7. Where the fee of any portion of the lands within the proposed district (save and except highways) is vested in the Crown in right of the Province, the Minister of Lands for the time being shall be entitled, on behalf of the Crown, to sign the petition or to oppose the same in respect thereof.

8. Where the fee of any portion of the lands within the proposed district is owned by a municipal corporation, or by a School Board, or by any other public corporation (and for the purposes of this Act the fee of highways within a municipality shall be deemed to be vested in such municipal corporation), such corporation shall be entitled to sign the petition or to oppose the same in respect thereof.

9. The petitioners shall give public notice of their intention to present the said petition to the Lieutenant-Governor in Council, by inserting for one month in a newspaper (if any) published, or if not, then in a newspaper circulating, in the portion of the Province

fit?

Petition to l>e in Form No 1

.Minister of Ijtndx may sign

Corporations mny sign

Advertisement In Catette unci iiewnpapcr

I9i3. DRAINAGE, DYKING, AND IRRIGATION. CHAP. 18.

in which the proposed district is situate, and in the Gazette, a notice of their intention to present the same, signed by the three persons named as Commissioners in the petition or bj' their solicitors.

10. On presentation of the said petition accompanied by proof of LicutGovemor in compliance with section 9 hereof, and that it is signed by a majority co'ns'titute'diatrict in value of the owners within the proposed district, it shall be lawful for the Lieutenant-Governor in Council, by Order in Council, to constitute the lands described in the petition as a dyking and (or) drainage and (or) irrigation district (as the case may be) under the name set out in said petition, or under any such other name as may be deemed advisable, and to appoint the Commissioners named in the petition as Commissioners for said district.

11 . If the Lieutenant-Governor in Council shall deem it advis- Lieut-Covcinor in able, he may cause an investigation of the matter to be made before investigate/ passing such Order in Council, and the expenses of such investigation (if any) shall be paid in advance by the persons named as Commis­sioners. Such payment shall lie deemed a part of (he expenses of the Commissioners hereunder.

12. l'pon the said Order in Council being made, notice thereof Order in Council shall forthwith be published at the expense of the Commissioners in the Gazette, and such notice shall contain a description of the lands constituted as a district hereunder, and shall state the name of tlit* said district, the names of the Commissioners appointed there for. and in a general way the nature of the proposed works.

l.'J. The Lieutenant-Governor in Council, in passing such Order ueutGovernor in / . -i i . , , ! • r . i j - ,. • i Council may vary

in Council, may change or vary the boundaries of the district or i>oundnric«. the nature and extent of the said work" as set nut in the petition, and impose suih conditions as may be deemed proper or necessary: Provided always that no such variations shall be made which would have the effect of extending the boundaries so that the signatories of the petition would not then constitute a majority in value of the owners within the limits of the district as so changed or varied, miles1» aud until such further owners of the lauds so proposed to be included in the district shall sign a supplementary petition as will, with the signatories of ihe original petition, constitute a majority in value of the owners of all the lands within the district so extended.

14. Upon the making of the Order in Council as aforesaid, the commissioners a Commissioners so appointed shall become a body corporate and UHlv ™r,,orntP-politic under the name set out in such Order in Council, and shall have jierpetunl succession and a common seal, with the power to acquire, hold, and dispose of personal property and real estate for the purposes of this Act, and to sue and be sued; and the production of a copy of the Gazette containing the notice of such Order in

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CHAP. 18. DRAINAGE, DIKING, AND IRRIGATION. 3 GEO. %'V

Council shall be conclusive proof of the due appointment of the said Commissioners and of the regularity of all proceedings leading to the same.

15. In case of any vacancy in the office of Commissioner, either ""«raoVVn'coWn. by death, resignation, or removal as hereinafter set out. the vacancy

shall be filled by the Lieutenant-Governor in Council by Orde» in Council, and notice of such Order in Council shall be published in the Gazette at the expense of the Commissioners.

Vacancies to be

Resignation and removal of Commissioner.

16. Any Commissioner may at any time resign, or be removed from office by the Lieutenant-Governor in Council upon receipt of a petition signed by a majority in value of the owners in the district, and notice of such resignation or of the Order in Council makiug such removal shall be published in the Gazette at the expense of the Commissioners.

Commissioners to 1 Y F , , n c h a r g e a n d authority over the extent and seoi>e of the works'"" chBrgi; of works and over their execution and maintenance shall be vested in

the Commissioners.

Remuneration of Commissioners.

Commissioners maj-appoint certain officers.

Duties of clerk

18. The Commissioners shall lie entitled by resolution to fix their remuneration, which shall not exceed five dollars per day or part of a day for each Commissioner while actually engaged in his duties as such, nor shall such remuneration exceed one hundred dollars in any one y°ar to any Commissioner, nor three hundred dollars to Hie whole number of Commissioners in any one A ear.

Organization.

19 The Commissioners shall have power to appoint a clerk, col­lector, engineer, and such other subordinate officer* and employees as inn) be necessary for the efficient earning out of their duties, and shall have authority to fix the remuneration of such employees; and all such appointments shall be entered in the record-book of the Commissioners, and such entries shall be e\idence of the respective appointments. The appointment of the engineer shall be subject to the approval of the .Minister of Public Works, in writing, under his hand.

<20. The clerk of the Commissioners shall keep (a.) A true and correct record of all the proceedings of the

Commissioners: (ft.) A just and true account of nil labour and materials fur­

nished by the owners and the disposition thereof: [<:) A just and true account of all moneys received and

expended by the Commissioners: id.) A just and true account of all sinking funds and invest-

men Is thereof: (iS

1913. DRAINAOE, DVKINU, AND IHRIUATIUN. C H A P . 1 8 .

(c. I A Look containing a true copy of the assessment roll prepared and approved as mentioned m sections 29 and ,'50 hereof, and showing any amendments (if any) made therein by the Court of Revision, or the Judge on appeal, and any changes that may be made from time to time in the ownership of any par t of the lands, and all taxes f>*om time to time levied on the lands, and the respective owners thereof, and all payments made on account thereof:

(/. I Such other or further records as the Commissioners shall direct.

He shall satisfy himself and certify to the correctness of all accounts submitted to the Coimnissiunei's, and shall countersign all cheques issued by them. On dismissal or resignation, he shall hand overall records and papers in his hands to the Commissioners, or to such person or persons as they may appoint.

2 1 . The collector shall collect all taxes, fines, or inone.\s due or imties of collector payable to the Commissioners, and shall deposit the same weekly in a chartered bank to the credit of the Commissioners.

22. The collector shall lie required to furnish security to the Collector to Khv , • <• • T J I / < • • r . i i ! • ' < • i s e c u r i t y .

satisfaction of the ( omniisMoiiers for the due accounting for and payment over of all moneys which nia\ come to bis hands as such collector, and for the faithful performance of bis duties as such, in the sum of the hundred dollars, or in such larger sum as the (.'oiiniiicsioni'rs shall from time to time require.

2.'$. The oItices of clerk and collector may lie held b\ one person. Commissioner mn> and any Commissioner may be appointed either clerk or collector, coiir'ctuV.' nr both : 1'rovided always that no Commissioner shall receive any emolument for acting in any such capacity.

24. Any Commissioner, or any clerk, collector, or employee of the commissioner. ,-u . / . • i i i * , , i n i , ' •. . slmli be competent

( oniinissioners, shall be a competent and compellable witness to witness, prove any fact or facts connected with the duties of his office.

2."). All books and records of the Commissioners shall at all reason- nooks mid records able times be open for the inspection of any of the owners, or of any inspection, creditor of (he Co .nissioners, on payment for each search and examination of the sum of twenty-five cents; and a copy of any entry shall be furnished to any owner or creditor on demand and on pay­ment of twenty-five cents for each and every folio of one hundred words, save and except the book referred to in section 20 hereof, which shall be open to inspection by the public at all reasonable times without charge.

Hiincy 2(5. 1'pon the making of the Order in Council referred to in Kntin • m mnki'

section 14 hereof, the Commissioners shall employ an engineer, whose a]i]iointnienl shall be Hist approved as aforesaid, to make a

C!)

CHAP. 18. DRAINAGE, DYKING, AND IRRIGATION. 3 GEO. S

Lands not benefited to be excluded from district.

District may be enlarged

Engineer to prepare plan of works, estt mate and cost of assessment roll

survey and prepare a plan in duplicate showing such of the land* as in his opinion will be benefited by the proposed works; one of said plans shall be deposited in the Land Registry Office for the district in which the lands are situate, and one shall be kept by the Commissioners.

27. Should the engineer, after making the said survey, certify hi writing that certiin lands within the district constituted by the Order in Council appointing the Commissioners will not be benefited by the proposed works, such lands shall, from the date of the deposit­ing of the said plan as aforesaid, cease to be included within the limits of such district, and shall be free from all liability to assess­ment or otherwise; subject, however, to any alteration or amendment made by the Court of Revision or by the Judge on appeal as herein­after provided. A notarial copy of said certificate shall be deposited in the Land Registry Office as aforesaid.

28 . Should the engineer, after making the said survey, certify in writing that there are other lands which will be benefited by the works, but wlfich are not within the district constituted b} the Order in Council appointing the Commissioners, such land shall be included in the district- Provided, however, that if the effect of any such enlargement of the district would be that rhe original petitioners would not constitute a majorih in value of the owners in the district so extended, then the boundaries shall not be so extended as aforesaid until such further owners shall sign a supple­mentary petition as will, with the signatories of the original petition, (oustitute a majoritj in value of the owners of all the lands within the district so extended. A notarial copj of such certificate and such supplementary petition (if an\) shall be deposited in the Land Registry Office as aforesaid.

29. So soon as the said plan referred to in section 26 hereof shall have been deposited in the Land Registry Office as aforesaid, the Commissioners shall cause the engineer to make plans of the proposed works, and to prepare an e*timate of the tost of the same, and .ilso an assessment roll as near as may be in the Form \ o . 2 in the Schedule hereto showing the area of each lot or parcel of land the subject of separate ownership within the district, and the respective owners thereof, and their respective addresses; aud in the event of the engineer being of opinion that the benefit to be derived by the lands within the district from the proposed works is not substan­tially a uniform benefit, he shall in said assessment roll divide the said lands into various classes according to the benefits to be deriv i from the proposed works, and shall state the proportion which enci Kuch class shall bear of taxes to be levied on said lands, and thi owners thereof, to meet the cost of the works and of maintenance, and all other expenses which the Commissioners are authorized to ruise by means of taxes under this Act.

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2913. DRAINAGE, DIKING, AND IRRIGATION. CHAP. 18.

30. The Commissioners shall meet and consider the plans and the commissioners to , , , , » • , , . , , . consider the same.

estimate of cost and the assessment roll referred to in tbe preceding section, and such plans, estimate, and assessment shall, if approved by the Commissioners, be signed in duplicate by the Commissioners and engineer, and one copy of each shall be deposited in the said Land Registry Office, and the other kept by the Commissioners.

3 1 . The Commissioners may, with the approval of a majority in Commissioners may , , execute the works

value of the owners, execute the proposed works by means of men, in various ways. teams, tools, and materials provided by the owners, or the Commis­sioners may without any such approval cause all or any part of such works to be executed, maintained, or repaired by contract, and for such purpose or purposes may enter into any contract or contracts with any person; and all such contracts as aforesaid may be made subject to and contain such powers, conditions, and agreements as may be agreed upon, and the Commissioners may pay for the same by levying a tax on the owners based on and in accordance with the assessments contained in the said assessment roll, or the Com­missioners may borrow, in manner hereinafter mentioned, moneys to pay for the cost of the said works.

32. Any owner may, at any time before the expiry of the time Owners may dissent limited for appealing against the proposed assessment roll to the with works. Court of Revision, notify the Commissioners by notice in writing served upon the clerk of the Commissioners that he dissents from the proposal to go on with the works; if a majority in value of the owners so notify the Commissioners, they shall cease to take any further steps hereunder, and shall thereafter only have power to levy on (lie lands, and the owners thereof, taxes sufficient to pay the expenses incurred by them hereunder, and on and after collection of said taxes and payment of such expenses the body corporate consti­tuted by section 14 hereof shall cease to exist.

33. The Commissioners shall not have power to proceed with the when Commissioner!, execution of the works set out in the Order in Council under which works!™"'0' * * they are apj»ointed until the expiry of the time limited for appeal against the present assessment roll.

Taxes.

34. The Commissioners may levy taxes from time to time to raise Tuxes that Com - j ii * ii ' r ii mlssloners may le\j

moneys for any and all of the purposes following: -(a.) To pay all expenses incurred by the Commissioners, whether

preliminary or subsequent to the filing of the plan referred to in section 2C hereof, or of the plan, estimate, and assess­ment roll referred to in section 29 h?reof, whether the works are undertaken and carried out or not:

(h.) To pay the amounts hereinbefore allowed by way of remuneration of the Commissioners, and also all reasonable sums for the remuneration of the clerk, collector, engiueer,

71

CHAP. 18. DHAINAG», DYKING, AND IBHIGATION. " 3 GEO. fi

and other employees and servants employed by the Cow-missioners:

(c.) To pay the cost of the work», whether in excess of the estimate made by the engineer or otherwise:

(</.) Where the costs of the works is paid by borrowed moneys, to pay the discount and all other expenses allowed or incurred by the Commissioners in borrowing said moneys or in the sale of bonds or debentures:

(c.) To pay the aunual interest on any moneys borrowed a» aforesaid:

I/. I To create a sinking fund for the redemption of any moneys borrowed as aforesaid:

((/.) To raise such a sufficient sum, not exceeding twenty five per cent, of the amount which the Commissioners shall determine to raise by any one levy, as a margin to ensure the prompt payment of the taxes so levied; and in that event the Commissioners shall slate in each tax notice that, if the taxes are paid before the date specified therein, the same shall he subject to a rebate equal to the said ]ier-centage by which the taxes are increased as aforesaid.

(/*.) To pay all costs of maintenance, repair and operation of the works, and to pay all other exj>enses properly incurred by the Commissioners in the execution of their duties hereunder.

How taxes shall 35. Whenever the Commissioners shall determine that it is ncccs-bo levied

saiy to raise moneys by means of taxes as aforesaid, they shall levy taxes on all lauds within the district , and ution the owners for the time being thereof, based upon and in accordance with the assessment rol l ; and, in the event of the assessment roll classifying the lands into more than one class, the taxes levied on the reflective classes shall be in accordance with the proportions set forth in the assess­ment roll. The Commissioners shall prepare a statement showing the purposes for which the Commissioners have determined to raise moneys as aforesaid, and tiie taxes levied on each lot or proportion thereof the subject of separate ownership, and the owners thereof, and also the date upon which the same are due and payable, and on or before which jwyment must be made to entit le the owner to the rebate (if any) authorized by section '.U hereof. The said state­ment shall he signed in duplicate by the Commissioners, and one shall be deposited in the Land Registry Office for the district in which the lands are situated, and the other shall he kept by the clerk for the Commissioners. The date of levy of any taxes shall be the date on which the statement referring to said taxes was deposited in the Land Registry Office.

Tax™ ini«i arc 3 6 . All taxes levied by the Commissioners as aforesaid shall he commiMrtonem payable to them by the ownei or owners of each lot or portion

72

#13. DRAIN AUK, DYKING, AND IKHIGATION. CHAP. 18.

thereof the subject of separate ownership on the date of the levy thereof, and the same shall be a debt due by such owner or owners to the Commissioners, who shall have full right and authority to sue for same in any Court of competent jurisdiction.

37. All lands the fee of which is in the Crown in right of the Taxes on iToWuuai " land»

Province, or which are held under preemption, lease, agreement of sale and purchase, or otherwise from the Crown in right of the said Province, may, if the consent of the Lieutenant-Governor in Council be ' iitained, he assessed in the assessment roll, and be dealt with in all'respects as lands privately owned; and all taxes levied in respect thereof shall either be paid out of such moneys as shall be voted by the Legislature from time to time for that purpose, or, in case of lands held under pre-emption, lease, agreement of sale and purchase, or otherwise, shall be paid by the pre-emptor, lessee, purchaser, or other person, as the case may be, interested in said lands, and the assessment roll shall be a charge, as hereinafter pnnided, against the said lands, as well before as after the issuance of the Crown grant thereof.

38. All lands the fee of which is in the Crown in right of the T«\PS on Diminiun Dominion, or the territorial revenues whereof belong to the Crown in right of the Dominion, and whether said lands are held under preemption, lease, agreement of >-ale and purchase, or otherwise, or not, shall be liable, if the consent of the (Jovernor in Council be obtained, (o be assessed in the assessment roll, and be dealt with in all respects as lands privately owned; anil all taxes It vied in respect theieof shall either be paid out of such inone\s as shall be voted b\ (lie Parliament of Canada from (iuie to time for that purpose, or. in «use of lands held undei preemption, lease, agreement of sale and purHiasc. or otherwise, shall be paid b\ the pre-emptor. lessee, purchaser, or other person, as the »use may be, interested in said lands, and the assessment roll shall be a charge, as hereinafter provided, against the said lands, as well before as after the issuance of the Crown grant thereof.

39. All lands in respect of which no Crown grant has been issued, cr..«n inn.i« ur,. and which are held as aforesaid under pre-emption, lease, agreement ef sale and purchase, or otherwise, shall be and shall be deemed to have IHH'U liable while so held, or during the existence of such lease or agreement, to h;* assessed for the purposes of this Act, notwitb standing that the consent of the (Jovernor in Council or Lieutenant (Jovernor in Council, as the case may he, shall not have been or shall not be obtained thereto; but such assessment and taxation, in the absence of any such consent, shall not affect the rights of His Majesty in said lands.

M). In order to meet the deficiency in the amount of an\ levy n,,w (i,.|ii-iin> in > \ on ti

mndi" caused by the taxes on Crown lands not being immediately piuublc, |;;.M "n " , , ' s Ml'"'1

7:t

CHAP. 18. DHAINAGB, DYKING, AND IRRIGATION. 3 GBO. 5

Court of KcUsjou to be held

Notice thereof to be ghen

Notice thereof to be advertised

Conrt of UoWblon maj be adjourned

Powers of Court of Revision

Owner ma) appeal to Judge

the Commissioners may levy further taxes on the other lands in the district for the deficiency thereby created, and the Commissioners shall reduce the rate upon said other lands from time to time after the taxes on Crown lands are paid, so as to make the levy to all parties fair and equitable.

Court of Revision.

4 1 . A Court of Revision shall be held by the Commissioners for the revision of the assessment roll, and of the plan referred to in section 26 hereof, at such place and time as shall be deemed by the Commissioners most convenient for the majority of the owners, and such Court of Revision may be held either within or without the limits of the district as the Commissioners may determine.

42. Four weeks' notice shall be given to each owner within the district, in the manner hereinafter mentioned, of the time and place of the sitting of such Court of Revision, and such notice shall include a copy of so much of the assessment roll as applies to his land.

43 . The time and place of holding the said Court of Revision shall also be advertised for four weeks continuously in the Gazette, and for the same period in a newspaper (if am) published, or if nut, then in a newspaj>er circulating, in the portion of the Province in which the said district is situated.

44. The Commissioners shall have the right to adjourn the sittings of the Court of Revision from time to time and from place to plate, care being taken to consider the convenience of the majority of the owners.

45. Any owner shall he entitled to appear at the Court of KevKion and object to the plan referred to in section 26 hereof, and also to the assessment roll made by the engineer, either as the saire affects the land owned by him or as the same affects any land owned by am other person. The Commissioners shall consider all complaints made at such Court of Revision by nn\ owner, and may alter, amend, or confirm the said plan or assessment roll as to them shall seem right and just.

40. If an owner be dissatisfied with the decision of the Court of Revision, he may appeal therefrom to the Judge, in which case,—

( a t He shall, within ten da,\s after the decision, serve upon the clerk of tlie Commissioners a written notice of his intention to appeal to the Judge, stating the grounds of his appeal, and shall within fifteen da\s apply to the Judge to fix a day for the hearing of the appeal:

(h.) The J.idge shall appoint a place and da> for the hearing of the appeal, notice of which shall be given in writing by the appellant to the clerk of the Commissioners:

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1913. DRAINAGE, DYKING, AND IRRIGATION. CHAP. 18.

(c.) The Judge shall hear the appeal and the evidence adduced upon oath at the place and time appointed in a summary manner, and may take a view and may adjourn the hearing from time to time and defer judgment thereon as he may deem advisable:

(d.) The clerk of the Commissioners and the engineer shall, on the hearing of any appeal, produce before the Judge the assessment roll and all plans, papers, and documents in the possession of either of them in any way affecting the matter:

(e.) The Judge shall have full power and authority to amend the assessment roll or the said plan as he may deem right and just:

I/.) The costs of such appeal, including solicitor and cour-iel fees, shall be in the discretion of the Judge, who shall fix the amount thereof and state by whom the same shall be paid, and payment thereof may be enforced by execution in the County Court upon the order of the Judge.

47. The assessment roll and the said plan as revised and con- \raoismcnt r»n tinned by the Court of Revision, and as revised and amended (if at all) on appeal to the Judge, shall be valid and bind all parties concerned, notwithstanding am defect or error theiein, or any defe( t or omission or error or misstatement in the not it e convening the Court of Revision, or otherwise howsoever, and the assessment roll shall for all purposes be taken and held to be the assessment roll of the district.

48. The plan deposited in the Land Uegistn Office miisuant to r.ngtnftr̂ plan ^ ' plush o area 01

section 12(5 hereof, as amended (if at all) h\ the Court of lievision district or by the Judge on appeal, shall, as from the date of the deposit • hereof, but subject, however, to the provisions of sections 21 and -IS hereof, be conclusive evidence of the area of the district to \\hi<h it refers, and of all lands constituting the same; and ain and all binds mentioned or described in the Order in Council constituting the district, anil not shown on the said plan as amended (if ,\i all I as aforesaid, shall from the date of the deposit theu-<.( cease to be included within such district, and shall be free from all liability io assessment or otherwise.

49. The plan and assessment roll when so deposited as aforesaid nrnt iiuuw \c*t<-ci shall, subject to such alterations as maj be made therein b\ (he Court of Revision or by the Judge on appeal, lie registered as a liist charge on or against each separate lot of land or portion thereof the subject of separate ownership, so shown on the said plan and mentioned in the said assessment roll, to the extent of the taxes that the Com missioners are authorized to levy hereunder in respect of each said lot or portion thereof, and such charge shall be vested in the Commissioners.

To

CHAP. I S . DRAINAOB, DVKIXG, AND IRRIGATION. 3 GEO. 5

ttertaml a«m*m(-nt rolL

Alteration of prv-posed works.

Powers and duties of Co'-irolwd^ni-r»-.

Any two Commiri Mtnnrrn may art

A>tN«>-,Miti-nl roll, r tr . Wilding

5 0 . On receipt of a petition signed by a majority in value of the owiitra of the lands in the district, complaining that the original assessment roll has become inequitable and requesting that a new asseosment roll shall be made, the Commissioners shall appoint an engineer to make a revised assessment roll as provided in this Act, which revised assessment roll shall be deposited in the Land Registry Office and the same proceedings taken thereon as are herein provided for an original assessment roll; and when the same is so deposited as aforesaid, and passed by the Court of Revision and amended i if at all) by the Judge on appeal, it shall lie the assessment roll for the district, and the original assessment roll shall become null and void from the day of the date of the deisisiting of the new assessment roll in the Laud Kegistrv Office; subject, without prejudice, however, to any taxes which may have been levied mi the original assessment mil and which a-" unpaid.

5 1 . Should it 1M? deemed invessary at any time to alter the nature of the proposed works after the filing of a plan thereof as provided by section 29 hereof, the same may fie altered at any time and from time to time by the engineer with tbe written c.insent o.* tlr1 Com­missioners, and a supplemental plan show ing such alterations signed by the Commissioners ainl the engineer shall be filed in the Land J.egistry Office as aforesaid.

552. The Commissioners shall h a w power to execute, or cause to lie executed, the works shown upon tin- plans lefcrred to in section-» -'.I and Til hereof, tiled as aforesaid, or decided upon in accordance therewith, and to see that the same are duly operated and main tained in a proper s ta le of repair. In e a r n i n g out the said work»-, 'lie Commissioners si-ill have power to construct, build, dig. i.iake. operate, and maintain such dyk-s. d;ons. weirs, flood-gates, break wa*ers, d r i ins . ditches, liuines. ,.miming machinery, and other erections or works ns taey may deem advisable for draining, dyking, or irr igating f ie lands in the district for which they are appointed. It shall be their duty to attend to the making, levying, and co'lecting of taxes, and to properly apply all sums collected, and generally to carry out the provisions of «his Act.

5.1. Any act. matter, or thing rei|uircd lo be done by the Com inissioners max be don • by the majority of them, and if there lu­ll recital in jftiy deed, contract, or other diu-umenl or instrument that the Cniiimitsinners who executed it form al ' or n majority, a-the case nun be. of those entitled to act, or if any such document or instrument purports to be executed by the Commissioners, tin-same shall nrim.-i facie lie deemed to be the act. deed, or instrument of the Commissioner».

5 4 . The assessment roll deposited as aforesaid b\ the Coiumis sioners against the lands mentioned in the assessment roll shall be

7li

1913. DRAINAGE. DVKING, AND IRRIGATION. C H A P . 1 8 .

absolutely binding, and the security given for the repayment of any money» borrowed by the Commissioners on the security of the charge vested in the Commissioners by section 49 hereof shall be absolutely valid and binding on the said 1 inds and the owners thereof (save as varipd, if at all, by (he Court of Revision or by the Judge on appeal) , aud shall not be quashed or set aside on any ground whatsoever, unless an application be made or an action commenced in some Court cif com pet en t jurisdiction within fifteen days after the si t t ing of the Court of Revision to be held under section 41 of this= Act.

53. The Commissioners shal have power, and are herebv author- ronn'iissioiu-i-s may . i i » " niirn.Tlat.- ian<K

ized. 1" enter into and upon J ny lands of any j>erson or persons, bodies jHjlitic or corjmrate, and to inspect, survey, set out, take, expropriate, hold, and acquire any lands that may in their opinion lie n«t-essary to have and to hold for the purpose of the construction, ojieratioii, maintenance, or repiiir of any works authorised by this Aci. and shall pay such compensation therefor as may, in default of any agreement being arrives at, be decided by arbitration under the provisions of the "Arb i t ra t ion Act."

.)(>. If tlie Commissioners determine to expropriate lands here- now expropriation . , , . , . . . . . . «-liall l . . .arri. ( i , . i i!

under, they shall, within ten c ays a i tcr entering upon and taking any lands of .uiy jierson or persons, bodies politic or corporate, wliii li they MI determine to expiopriate. tender to the owners thereof, as shown by the books of the Land Registry (Mice of the district in which the lands are situated, the amount which they consider the value of the lands so taken. II the arbi t ra tors appointed as herein before mentioned slii.ll award o the owner a greater sum than the amount temlei-eil. the ( 'onimbsioncrs shall pay the costs of the arbitrat ion; but if the amount awarded by the arbi t ra tors shall be b'ss than, or equal to, the anim nt so tendered, then the person from whom the land shall be taken MIM',1 pay the costs of the arbitrat ion.

.">«. When iin\ i l \ke is -ros.cd bv a public highway or private Repairs of ajki* " • ' when used for

n.ad. the level of such d\ke shal! not be interfered with, but the highway Cniniiiissioiieis shall be Habit, in iho case ;if roads theretofore surveyed or laid out. for a m iiitrea.se in the first cost of opening up or const ruction of the road or highway occasioned by the construe lion of the dyke. Wherever the top of the dyke forms a portion of a highwuy or road, it shall be the duty of the municipal corpora lion or other authori ty respoi sible for the repair of the highway to maintain the same at n constant level, and to repair all injury diicctly or indirectly caused to the dyke by its use as a highway or rtmd. Wherever a highway is < rossed by any ditch necessitating the construction of n bridge, the ( ommissioncrs shall be lia'ile for the first cost of the bridge, and it shall be the duty of the municipal corporation, or other authority responsible for the repair of the highway, to maintain and keep the snine in projier repair.

77

CHAP. 18. DBAINACW, DYKING, AND IRRIGATION. 3 GK>. i

Compensation for lands damaged.

Compenntion as part of the cost.

Execntion of works by owners.

Requisition in case of same

Owner's duties on being requiKltlODiHi

Commissioner» may have tun»-) of land» made

On tor and Inner dykes

58. When any lands not taken are injuriously affected by the works executed by the Commissioners, the damage thereto shall, if not mutually agreed upon, be valued and assessed by arbitration ap herein provided.

59 . Any compensation made for land taken or injuriously affected by the works of the Commissioners shall be regarded as a part of the cost of the works.

60. If the Commissioners shall, with the approval of the owner* as provided in section 31 hereof, determine to execute the proposed works by means of men, teams, tools, and materials provided by the owners, the/ may in such case requisition the owners in the district to furnish men, teams, tools, and materials; and if any such requisition is not complied with, the Commissioners may employ nien and teams and provide tools and material for that purpose at the expense of such owners who fail to comply as aforesaid.

6 1 . In such cases the Commissioners shall cause seven days' requisition to be given to the owners or their agents to attend and furnish such men, teams, tools, and materials: Provided always that, in case of sudden breaches in any works or of any apprehension thereof, the immediate Attendance of any and all owners may he required.

62 . Every owner shall, when requisitioned by the Commissioners as aforesaid, provide nt the time awl place named in said requisi­tion a sufficient number of men with teams, tools, and material in proportion to the quantity of land owned, and for every day's neglect in case of sudden breach, or the apprehension of one, shall pin. beside his taxes, a fine of five dollars for eaeli labourer or for eat h cart or team so requisitioned; such fines shall lie added to the taxes and recovered from the lands of the owner against whom the same are charged, and shall become a portion of the taxes against RIN-II

owner. ,

63 . Whenever the Coinmissiom'rs may think it necessary to h:<ve a plan of the lands showing the several lots and boundaries and the names of the then owners, they may employ a British Columbia land surveyor to make such plan, and may order the expense thereof to be charged against the lands so surveyed, and may require tlie owners or their agents to point out to the surveyor the boundaries of the respective lots, and the owners and agents so called upon shall be bound by such survey nnd plan.

64. Where any lands cue lotted by dykes shall be enclosed by and p"otected by other dykes erected outside the same, the Commissioners in charge of the lands reclaimed by the outer dykes shall call a meeting of nil the owners within the level contained and encl <«ed

78

1913. DRAINAGE, DYKING, AND IRRIGATION. CHAP. 18 .

by the outer dykes, giving six days' notice of the time and place of meeting to each owner or his known agent; and ti-e majority in interest and number of such owners, or in case of their neglect, then the Commissioners, shall appoint a civil engineer, who shall deter­mine what proportion or degree of benefit has accrued or is likely to accrue to the old or inner dykes, and shall settle and declare the proportion of expense that the owners of the land within the old dykes ought annually to contribute and be assessed towards the maintenance and repair of the new dykes; and such engineer shall make a report in writing of his proceedings, which shall be entered in the books of record for the outer dykes, and the amounts so settled and declared shall be borne upon the lands within the inner dykes and assessed and collected as other dyke rates.

65. There shall be an appeal to the Judge from the decision of Appeal to Judge the engineer so appointed, on the same terms and under the same conditions as an appeal from the Court of Revision.

(Mi. If such outer dyke shall at any time cease in whole or in outer d>ke ceasing . . . .* , . ., \ , •,, . ., . i , to protect Inner

part to protect such inner dykes, the land within the inner dykes shall not for such time contribute or be assessed to the support or repair of the outer dyke.

67. If at any time a majority in interest and number of the Repair of outer owners within the inner dyke shall be apprehensive that the outer dykes are unsafe or out of repair, a majority in interest or number of the owners of the whole level may call upon the Commissioners to examine the outer dykes; if it appears to them to requite repair, they, with the assent of such a majority in interest and number of the owners of the whole level, shall forthwith cause the same to be repaired, or otherwise, with the like consent, put the inner d\kes in a state of repair as shall seem most advisable; if the inner dykes In? repaired, then the owners of the land enclosed thereby ltenr the winile expense.

Iiorrnwiiifi-poirvi x.

68. The Commissioners may borrow upon the security of the first narrowincpowers charge on the lands within the district vested in them by section •!!> hereof, and all present and future taxes that may be levied by them hei-eunder, or any of them, or any part thereof respectively, upon Kin h terms as they may think tit, nnd without any consent on the part of the Lieutenant-Governor in Council, any moneys required for the cost of the works, whether in excess of the estimate made by the engineer or otherwise, or for the repair or alteration thereof, and for all expenses incurred by the Commissioners incidental to the same. The said security may be given cither by a deed or deeds which shall vest the said first charge and the said taxes in the lender or lenders, as the case may be, or by a deed of trust vesting the said charge and the said taxes in a trustee for the holder of

70

CHAP. 18. DRAINAOK, DYKING, AND IRRIGATION. 3 GEO. 5

bonds and debentures issued by the Commissioner» hereunder. Any such bonds or debentures or other obligations may be issued either at par or a t a premium or discount, payable to the bearer or to the registered bolder or otherwise, a t such time, within forty yean from the date thereof, and place, and for such amounts, and bearing such rate of interest as the Commissioners may determine. Any Mich deed shall specify the objects for which the money is alleged to lie borrowed, the terms of repayment, and shall contain a true copy of the assessment roll showing the extent to which each lot or portion thereof the subject of separate ownership is separate!; charged hereunder, and also such powers, conditions, and agree­ments as the Commissioners and the lender or the trustee for the holder of bonds or debeni. ' .vs. as the case may he, may mutually agree upon.

Borrowed monei-to be used on work-*

6 9 . All moneys borrowed by the Commissioners shall be expended by them for the purposes for which the same were borrowed.

Debentures e t c . need not be in p»rtlcu'ar form

70 . No mortgage, debenture, bond, or other obligation issued or to be issued by the Commissioners of any district created under this Act shall be held invalid on account of the >aine not lieing in any particular form; provided ibat the debentures are for moneys advanced to the Commissioners for the purposes of the dis t r i i t .

Ih-bontnre pa*.*, t] h\ n>li\ir>

7 1 . Any debenture issued and made payable to any person oi order shall, after the eiidorsation thereof in blank by such person, IK transferable by delivery from the time of cndorsatioii, and the transfer shall vest the property thereof in the holder and enable him to ni.iinlain an art ion thereupon in bis own name.

Wbat dehenlun holder H>* plaintiff must prow

1>< l.t nhirt « lilmliUK

7 2 . In a suit or a<tion upon any deben tu re it shall not be necessary for the plaintiff to set forth in the declaration or other pleadings or to prove the mode by which he became the holder of t!ii' deltennue, or to set forth or to proie the notices, ]H'titioii. Orders in Council, or other proceedings under and by virtue o! which Hie debenture was issued by the d is t r ic t ; but it shall In­sufficient in such pleadings to describe the plaintiff as the holder of the debenture (alleging the endoisaiion in blank, if any ) , and shortly to s ta te its legal ell eel and purport , and to to make proof accordingly.

7<*{. Debentures issued by the Commissb.ncrs of any district purporting to be issued under the authori ty of this Act shall he \aliil mid binding upon the district, notwithstanding any instifti cionc\ in form or otherwis- of such debenture, or in the authority of the Commissioners in respect thereof- Ti.ivided always that no successful application has been made to the Courts to prevent the issue thereof within one mouth after such issue,

si I

1013. DRAINAGE, DYKING, AND IOEIGATION. CHAP. 18.

74. When debentures hare been issued bj Commissioners of a Debentures binding district and the interest thereon which shall hare fallen due has interest paid been pa."* for the period of one year by the Commissioners, the said debentures, or so much thereof as may be unpaid, shall be valid and binding on the district and the owners included therein and on all parties concerned.

75. Any debentures or bonds issued by the Commissioners of a Form of debentures district may be made payable, as to principal and interest, either or both, either in currency or sterling money, and either in the United Kingdom, the United States, or +he Dominion, and the signature to the interest coupons may be either written, stamped, printed, or lithographed. The debentures or bonds, when issued, may be disposed of by the person appointed by the Commissioners for that purpose to such person or persons, or body or bodies, as they may deem expedient, and at a rate below par if they shall deem it necessary or advisable so to do; and any debentures or bonds issued by the Commissioners of any district shall be valid and recoverable to the full amount, notwithstanding its negotia tinu by the Commissioners at a rate lass than par.

76 All taxes due or to become due under this Act shall bear mung taxes in interest from the time that the same are due and payable, at the interest rate of eight per cent, JKT annum, and the interest thereon shall form part and be collectable a* the tax itself in respect of which it is payable.

77. All taxes and fines niav be recovered i>\ and in the name of neccnen of taxes . * "• and tint s

the Commissioners with costs as if the same were private debts, and a copy of the statement referred to in section .'io hereof, or of Midi part as may relate to the particular tax sued for, certified In the District Hegislrar of Titles or other proper officer to be a true eop\ of the statement deposited in ihe Land Registry Office, shall he conclusive proof of the levy having been made and of the iinhihH of the owner of the land in question to pay the same; and no tax or fine shall be subject to ain set off of a private nature or he joined with anj private claim on the part of the Commissioners.

78. In addition to all other remedies for the recovery of taxes cnmmiminneni mny «i II Innd»

and lines, the Sheriff shall, at the request of the Commissioners, and upon receipt of a warrant under their hands, sell the land assessed or so much thereof as is necessary to pay the taxes and fines in default, the Sheriff giving three months' previous notice of the time and place of such sale by handbills posted in at least three public places in the district where such lands lie; and upon such sale shall execute and deliver to the purchaser a valid deed of such lands in fee simple, free from all encumbrances, save and except the liability of said lands to future taxes leviable hereunder, for which deed nnd sale the Sheriff shall be entitled to charge three

K SI

CHAP. 18. DRAINAGE, DIKING, AND IRRIGATION. 3 GEO. 5

per cent, of the amount realized on said sale. A recital in the deed of such handbills having been posted shall be presumptive evidence of the fact. The Commissioners' warrant to the Sheriff may be in the Form No. 3 provided in the Schedule hereto.

79. The Commissioners shall have power to receive, hold, take, and acquire all voluntary grants, donations of land or other property made to them, and to purchase, hold, take, and acquire of and from the Crown, or any person or persons whatsoever, any land or other property, and to mortgage, sell, lease, or otherwise alienate and dispose of such land or other property, or any part thereof, for the purpose of the undertaking, subject to the assent of the Lieutenant-Governor in Council.

80. The Commission ere sha'l hold and invest, in such investments as trustees as by law authorized to invest trust funds, either in their own names or in the names of the trustees appointed under section G8 hereof, all moneys raised by taxes for sinking fund account for the payment of any indebtedness at maturity. In estimating the amount to accrue on any sinking fund, no higher rate than five per cent, on any investment shall be estimated. In addition to the investment of the sinking funds hereinbefore authorized, the same may be invested in the repurchase of bonds issued by the Commissioners for said district, whe'her tne same were issued before or af'er the passing of this Art.

i oidors m\T appoint 8 1 . Ill case the office or offices of Commissioner or Commissioners Commissioner , >, i , , ,, , . , , , , ••

shall lHM-om» vacant and shall not be tilled up while any moneys lxirrowwl by virtue of tin* Act are unpaid, the lenders, or their assignee*!, or a majority of them, or the trustees for the bond or debenture holders, may by writing under their hands and seals appoint some person to act as Coinini>-Moiiei\ and thereupon all the jiowers and authorities vested in am Commissioner or C-oni missionei-s b\ this Act shall vest in «inh Cnmtui-sionei' so appointed.

i.ieut fiorrmnr in 82. In case the Commissioners shall neglect to enforce the pay Council ma\ Appoint , , , , . j i „1 1 1 • .1 ' commissioners mem of the moneys so borrowed under the powers vested in them

in accordance with the conditions on which the same were borrowed, the lenders or their assignees, or a majority of them, or the trnslees for the bond or debenture holders may apply to the Lieutenant Governor in Council lo appoint Commissioners in lieu of the oiu»> then acting: and if the Commissioners delay for the «-pace v>f four weeks to pn.i the payments due on the moneys so borrowed, the Lieutenant Governor in Council ma\ dismiss the Commissioners and i'pjx^int new ones in their place and stead, and nil the powers and i.uthorities vested in the Commissioners so dismissed shall thereii]>oii ipso facto devolve ujton and vest in the Commissioners so newly appointed.

H'2

Commissioners bare power to hold lands

Investment of sink­ing funds

j9i3. DRAINAGE, DYKING, AND IBRIGATION. CHAP. 18.

83 The proper Registrar of Titles, upon production of a deed ltegistrar to register , « . . « , A- L L V, , , . A. . Sheriffs deed.

executed by the Sheriff under section 78 hereof, and application in the usual form, shall register or record the same as an indefeasible fee in the usual manner.

84. Any writ of execution on a judgment against the Commis- Procedure on ciMms sioners shall be endorsed with a direction to the Sheriff to levy commissioner* the amount thereof by a levy, and the proceedings thereon shall be ag follows:—

(a.) The Sheriff shall deliver a copy of the writ and endorse­ment to the clerk of the Commissioners, with a statement in writing of the Sheriff's fees and of the amount required to satisfy such execution, including in such amount the interest calculated to some day as near as is convenient to the day of service:

(b.) In case the amount, with interest thereon from the day mentioned in the statement, be not paid to the Sheriff within one month after the service, the Sheriff shall examine the plan and assessment roll filed, and shall, in like manner as taxes are levied by the Commissioners for general purposes, make a levy, based on and in accordance with the assessment roll, sufficient to cover the amount due on the execution, with such addition to the same as may be necessary to cover the interest, his own fees, and the collector's pen en t age up to the time when such taxes will probably be available:

CM The Sheriff shall thereupon issue a precept or piecept.s under his hand and seal of office, directed to the clerk of the Commissioners, and shall annex to every precept the roll of such rate, and shall by such precept, after reciting the writ, and that the Commissioners have neglected to satisfy the same, and referring to the plan filed under section 2(i hereof, command the clerk to levy such rale forthwith on the lands shown in the said plan:

K/. > If at the time of levying such rates the clerk has a general rate roll delivered to him. lie shall add a column thereto, headed " Execution Kate in A. 1!. r.<. Commissioners," and shall insert therein the amount in such precept required to be levied on each person respectively, and shall levy ill» amount of such execution rate as aforesaid, and shall. with all reasonable expedition, return to the Sheriff the precept with the amount levied thereon, after deducting the percentage for collection-

K.I The Sheriff sli.,11 satisfy the execution and all fees thereon, and pay the surplus (if nny) to the clerk for the general purposes of the Commissioners within ten da\s nftcr receiving same:

83

CHAP. 18. DRAINAGE, DYKING, AND IKHIGATION. 3 GBO. S

Owner of land may appeal to Judge

Import Ion by Lieut Oovernor In Council

\ aUdaten certain dVucnturen purport Inr to hare been iMued

(/.) All employees of the Commissioners shall, for all purposes connected with the Sheriff's levying a rate to satisfy an execution as hereinbefore set ont, be deemed to be officers of the Court out of which the writ was issued, and as such shall be amenable to the Court, aud may be pro­ceeded against by attachment or otherwise to compel them to perform the duties hereby imposed upon them; and any Judge of the Court out of which such execution issues may make such order as may seem necessary for carrying out the provisions aforesaid.

{g.) This section shall be considered retrospective, and shall apply to all matters arising out of any proceedings pur­porting to have been taken under the " Drainage, Dyking, and Irrigation Act," •' Consolidated Acts, 1888," chapter 36; the '"Drainage, Dyking, and Irrigation Act, 1894"; the " Drainage, Dyking, and Irrigation Act," " Revised Statutes, 1897," chapter 64, and the amendments thereto; and the '• Drainage, Diking, and Irrigation Act," " Revised Statutes, 1911," chapter 69.

85 . If any owner, or any bondholder or creditor of the Com missioners, thinks himself aggrieved by the proceedings or by any omission or default of the Commissioners, or of any person mid IT this Act, or liable to be prejudiced thereby, be may apfteal to the Judge in a summary manner upon a summons 'o be granted, if deemed expedient, by such Judge, and such order may be made thereon as the Judge may deem just and proper.

Inspection,

86. The Lieutenant (inventor in Council nia\ from lime to time, at the request of the Commissioners, or at the reijueM oT any person* holding debentures issued by the Commissioners, appoint a eivil engineer or other prnperh qualified person or persons to inspect and examine the works in any dyking, drainage, or irrigation district, and an\ repairs» or precautionary measures which such eugineer or other person ma\ consider urgent shall be carried out forthwith by the Commissioners, and at the expet.se of the owner»; and in case of default by the Commissioners or extreme urgency, such engineer or other JHTSOII shall have power, on liehulf of the Commissioners, to earn out the said repairs or measure* as the agent of the Commissioners, who Muili forthwith nn(if\ the Commis­sioners of such expenditure. The remuneration and expenses of such engineer or other person shall be levied U\ the Commissioners on the lauds and on the owners I here» if pursuant to the provision* hereof.

M iarcllancoua.

87. Where any debentures purporting to have been heretofore issued by the Commissioners for ani dyking, drainage, or irrigation

84

J013. DRAINAGE, DIKING, AND IEBIOATION. CHAP. 18.

district under the authority of any Act for the time being in force is that behalf, or issued in intended compliance with the powers conferred by any such Act, and moneys have been advanced there­under, the said debentures are hereby declared to be and shall be valid according to the terms thereof, and shall be a first charge against the lands they purport to charge according to the terms thereof, notwithstanding any want of substance or form either in the debentures themselves or in the issue of the same, or in the proceedings required by such Ac* to be taken by such Commissioners before the issue thereof, or in the authority of such Commissioners in respect thereof, or otherwise; and the plan and memorandum or memoranda, or amended memorandum or memoranda, filed in the Registry Office for the district in which the lands afTected are situate or sucii Commissioners, providing for the assessment of the said lands for securing the repayment of the loan represented or intended to be represented by the said debentures, are declared to be and shall be valid according to the terms thereof for the purpose afore­said, notwithstanding an\ want of form or substance therein, or in the said proceedings, or in the authority of the Commissioners, or otherwise.

88. In all cases where dyking, drainage, or irrigation districts commissioner» here-bave heretofore lieen formed, the Commissioners holding office at h«-omea»Pbodj the time of the passage of this Act shall be from the date hereof corpor*te

bodies corporate under the name of " Commissioners of the District," using the name by whhh the district is known, and shall thereafter have all the rights, jiowers, and authorities given to Commissioner:» duh appointed under the provisions of this Act, and the land coloured green on the plans filed in the Land Registry Offiie In the said Commissioners pursuant to the Acts heretofore iu force shall be and constitute the respective districts of the said Commissioner*. And an\ assessment roll made and filed and taxes thereon levied by am <\>inmi*>si<>iier prior to the passing of this Act shall be and continue to be a binding charge on the lands to which the same refer, notwithstanding am defect either in the appointment of the said Commissioners or in any proceedings taken by them: and the Commissioners for an,\ such district shall have power to levy raxcM for any and all Hie purposes net forth in «section 34 hereof as nun be necessary, and such raxes shnll lie based upon and shall be in aeiordnnce with the assessment roll so made and filed as afore-Mid; and such assessment roll shall continue to lie the assessment roll for the district to whiih it refers until the Commissioners of luch district shall make ti new assessment roll under the provisions of this Act.

89. Nothing in this Act contained shall prejudice any claim b) u n 2so and i«8i or on behalf oi the owner or owners of Lots Numbers 280 and 281,

86

CHAP. 18 . DBAINACK, DYKING, AND IRRIGATION. 3 GEO. 6

Act applicable although lands In municipality.

Damage to dyke.

Wilful injur» to dyke.

Ktinnlne off •.'in»'"'* of irrfKatwl I*nil«

t'omailiiiilurp r* liable for «'-t« txvdee*1**"»»

of

Iticl.trntlrtu nf «taii-unir «hnwlng l u r e paid

Grovp 1, of the District of New Westminster, as regards the number of acres comprised within the dyking district wherein such lands He.

90. This Act shall be applicable whether or not the lands affected are in whole or in part included within the limits of any incor­porated municipality.

9 1 . If any dyke or other portion of any works executed hereunder shall be injured by reason of any owner in the district pasturing cattle or horses upon marshes or other lands adjacent to said dyke, or making a road over such dyke, or interfering with or breaking any irrigation channel or watercourse constructed by the Commis­sioners, or by any other act or default of any «uch owner or occupier, the Commissioners may make an order on such person as often as occasion may require for repairing the injury forthwith or by a certain day to be named therein: and in case of refusal of obedience to such order, or in case the Commissioners shall consider it to be one of sudden emergency, the Commissioners shall cause the injury to be repaired. In case of any person disobeying the order of the Commissioners, he shall forfeit and pay to the Commissioners for e\ery offence a sum not exceeding fifty dollars, which, with tne costs of repair, may be recovered by suit in any Court of competent jurisdiction as a debt due to the Commissioners; and in case of an emergency, the Commissioners may recover from the person causing or allowing the injury to lie done the costs of repair, which shall b? recovered as a debt due to the Commissioners in any Court of coni|ft»lciii jurisdiction.

93 . If am perwm "-hall in any maimer wilfully injure any works executed heicunder or any ]iortiou thereof, or shall interfere with the Commissioners in carrying out the wor'is authorized under thin Act. then and in such case he shall forfeit for every offence a stun not exceeding fifty dollars, together with the costs of the repair, which may IK» recovered upon summary eoijvYtion lie fore any •Justice of the 1'eace.

98. The owners <>f any land subject to irrigation, or through which irrigation may be ordered, may. with the consen» in writing of the Commissioners, by means of l!nines, ditches, or drains thiough the ndjaent lands, run their surplus and waste water into any creek, gulch, or channel, doing as little damage as powdhle.

9-1. No Commissioner shall be liable for any act of his predecessor in ofliec iibiiut any work in which sin h Commissioner is engaged, unless for money he might or could have collected on account of Work done by his predecessor.

9.1. Where taxes levied under the provisions of this Act have been paid, and «he works for which such assessments were levied have

8(3

1018. DRAINAGH, DYKING, AND IHBIGATION. CHAP. 18.

been completed, it shall be the duty of the Commissioners to deposit with the proper Registrar of Titles, within one year from the time of the completion of such works, a gtatement signed by the said Commissioner showing that such assessments have been paid; and it shall be the duty of the said Registrar of Titles to cancel the charges entered against the land in said district by reason of such assessments. The fee for cancelling such charges shall be the same as for a single cancellation.

DC. Every notice required to be given, except as herein otherwihe -*>'<)"«•. how Kivcn directed, shall be a written notice served ou the parties in jierson, or left ai their last-known place of residence, or sent by registered letter mailed to their last address.

97. The "Dyking. Drainage, and Irrigation Act," being chapter "w«i-Gfl of the "Revised Statutes of British Columbia, U>11," is hereby repealed, saving and preserving any rights and privileges acquired thereunder.

sen F. i >ru;. FORM No. 1.

In the Matter of (lie ' Itaiinnwi'. IHUiit.*. and Irrigation Act. 1!H3," am] in the .Mailer of District.

PKTITIOV

To the I.ti uti mint* ;<ivi nun in Council of thi 1'iovinee of linlish Columbia"

Ttii' petition of thf uinliT-i^inMl Ininili!) shim t Ml:— 1 That jour iK'titioiiers constitute a majority in \aliic of the owner-* of

the foMoivii:;; dexerihod land», tlml i- to »ay: \hrrr fnlbnix tlffci i/ition of latnl. inlh iliilrmtnl of apinnftuitilt nun].

'J. Tluit your petitioner-, are de-irons of I m i n g tlie said lands reclaimed and Improved hj drainage. djkinj;, or irrigation (<i« the case may be] by the execution of the follow tin; works: Iftcic folium yni ral \talrmmt of th< milun of the irork*].

.'1. That your jx>titloiiers desire to appoint as Cotiiiiilssioners for the cnrrjluit-oiit of the MI Id works the following:

4 That jour i>etitloners desire to name the said district " IH-itricl.'

And your |ietltloners, as in duty hound, shall every pray. „ , . . - . . . !

I<f*trlpi!>m ' ' • t Ijimt* In

«Mcli nch Num.- Valur N»n. i iun AdilrMH ^ign* urv ivrithtt.T

87

• s j i t e i f e ^ ^

i i J . : 1 ' ^ ^ 1 ^ ^ ! ^ ! ^ ^

s

FORM No. 2.

In the Matter of tbe " Drainage. Dyking, and Irrigation Act. 1<J13," IIIHI In I lie Mattvr ut

AssrssMKMi ROLL.

District.

Description of Lot or Panel the Subject or Separate Owneisklp

Lot 436, Groap 1.' Mew Westminster District . . . . John Smith

Art-» tirm'tltiM b> WorkK end llntilr to

T«j«rl.n " A " Land», being Ijinds liable ti> 100 per Ol l t .

<>r T u n lerlnt

llioo lltatlnK» Kt . t anromer

t'l AttamcATioh.

' n " Lutida, living Land» liable lo per Com.

of Tasea lerleu oo

' C " LunAi, bctaf I*ntfa liable to par Oat.

uf Taxes ltnad on " A '

10 aero.

mtSM

S t u I

1013. DRAINAGK, DXKINO.. AND IKBIGATION. CHAP. 18.

FORM No. 8.

PROVINCE OF RBITISU COLUMBIA.

To Wrr:

r "Drainage, Dyking, and Irrigation Act, 1913."

Warrant to sell.

Whereas the lands hereinafter described in the Schedule hereto following bare been assessed in the amounts set opposite their respective descriptions under the provisions of the said Act; and whereas default has been made in the payment of such assessments, and there are now due and owing the amounts set forth on account of the said lands respectively: Now, these presents are to authorize you, and you are hereby authorized, to sell the lands assessed, which are more particularly described in the Schedule hereto annexed, or so much thereof as are necessaiy to pay the rate, as shown in the Schedule and expenses.

Schedule rtfared to in the Foregoing.

IWK-rfplloo of Land. Amount of Assessment owing. Ex peases.

, ear

VICTORIA, n c. • Trlntpd hy M I L I U M H C I I I I V P r tn l r r to the King * Miwt Rlcollcnt Mnjraty.

1913

t\ it

II ¥ i

l!

89