from such assessment or any portion thereof, which notice shall specify the ground of appeal and shall be in duplicate. (2) The notice of appeal shall contain the post office address of the appellant and of the person whose assessment is appealed against, if any, and shall be accompanied by the sum of ten dollars, the disposition of which shall be determined by the judge after hearing the appeal. (3) One duplicate of each notice of appeal shall be forwarded by the clerk to the commissioner at Regina by registered mail as soon as the time for filing notices of appeal has expired. time and place for hearing 8. The clerk shall thereupon submit the notices of appeal Judge to fix a to the judge who shall fix a time and place for hearing the appeals of which notice has been given as prescribed by the next preceding section. 9. At least ten days' notice of the time and place so fixed Notice to be shall be given by the clerk to the commissioner and to the given applicant and to the person against whose assessment the appeal is made, if any, by registered letter. 10. At the time and place so fixed the judge shall proceed Hearing to inquire into the sufficiency of the said appeals and for appeals such purpose shall be a court of record and shall have all the powers vested in a court of record in civil cases. 11. The judge may adjourn the said inquiry from time to Adjournment time and from place to place as he shall think fit. 12. As soon as may be after the hearing of the evidence Decision of adduced the judge shall render his decision and shall confirm judge or alter the assessment in accordance therewith. apportioned 13. The costs of any appeals shall be paid and apportioned costs of between the parties in such manner as the judge may think appeals how fit and in the event of the $10 deposited by any party ordered to pay costs not proving sufficient to pay the costs he is ordered to pay the deficiency shall be paid by the commissioner and shall be added to and form part of the amount of the assessment against the party ordered to pay such costs, 14. The costs allowable under the next preceding section What costs shall be witness fees and expenses, and clerk's fees and allowable expenses and no other which fees and expenses shall be the same as those allowable for similar services under the rules of the Supreme Court. of government 15. The commissioner may make such arrangements as he construction may think fit for the construction of any government ditch ditch either by contract or by day labour and for the payment therefor; and for the purpose of such construction and all examinations and other works preliminary or subsequent Penalty for obstruction of work Capacity of outlet Apportion construction thereto may by himself, his engineers, agents and servants together with teams, tools, machinery or appliances enter upon any and all lands in whomsoever they are vested. 16. Every person who interrupts, hinders or molests any person while engaged under authority of the commissioner in making any examination for or in constructing, maintaining or repairing any government ditch or the works connected therewith shall be guilty of an offence and upon summary conviction thereof liable to a penalty not exceeding $50 and costs or to imprisonment for a period not exceeding thirty days or to both. 17. Every ditch or drain constructed under the provisions of this Ordinance shall be continued to an outlet of sufficient size and capacity to carry off the water delivered from such ditch or drain in addition to the water flowing in such outlet during any period of the year; and if necessary such outlet shall be enlarged as part of the construction of such ditch or drain to make it of sufficient size to carry the additional water delivered from such ditch or drain. 18. As soon as conveniently may be after the completion of inent of cost of the construction of any governinent ditch the commissioner shall ascertain the total cost thereof which shall include the cost of purchasing or expropriating the right of way for the ditch through lands which receive no benefit therefrom but not through lands which are benefited thereby, and shall apportion such cost amongst the lands and roads benefited in the proportions fixed by the assessment mentioned in section 4 hereof as finally confirmed. Notice of apportionment Amount payable to be 19. The commissioner shall thereupon give notice by registered letter to the owner of any parcel of land against which any portion of such cost of construction is apportioned whose address is known of the amount of such cost apportioned against such land and any costs which such owner may be liable to pay under the provisions of section 13 hereof shall be added thereto and shall be deemed to be a part of the sum apportioned against such land. 20. All sums apportioned against any lands under the a lien on the preceding sections shall be a special lien against such lands in favor of His Majesty having priority over any claim, lien, privilege or incumbrance thereon except taxes. land (2) In the event of any portion of the costs being apportioned against any parcel of land which has not been granted by the Crown the amount of such portion of costs shall become a lien as in this section provided immediately upon the grant of such lands from the Crown. RECOVERY OF AMOUNT OF ASSESSMENTS. due to His 21. Any sum apportioned against any parcel of land shall A debt be a debt due to His Majesty and may be recovered by suit Majesty against the owner of such parcel of land in the name of the attorney general and in any such suit a certificate purporting to be signed by the commissioner shall be prima facie evidence of the debt. instalments 22. Any sum apportioned against any parcel of land shall Payable in be payable to the commissioner in ten equal annual instalments on the first day of December in each year together with interest at five per cent. per annum on the unpaid amount payable on the same date such interest to be computed from the first day of December of the year in which the ditch is completed on which day the first of the said ten annual instalments shall be paid. Commutation 23. Any person liable to pay any sum as in the next pre- of instalments ceding section provided may commute the unpaid instalments by a cash payment of the total amount of such instalments or with the consent of the commissioner may pay the same in a less number of annual instalments than as provided in the said section. MAINTENANCE AND REPAIRS. of ditch 24. The commissioner shall make provision for all work Maintenance necessary for the maintenance of and repairs to any government ditch and the cost thereof shall be apportioned in the same manner as the costs of the construction of such ditch and shall be due and payable on the first day of December of the year in which the work is done. amount 25. In case the owner of any parcel of land neglects to pay Distress for any sum for which he is liable for one month after such sum assessed becomes due the commissioner may cause the same to be levied with costs by distress of the goods and chattels of or in the possession of such owner or of any goods and chattels found on the said parcel of land in the possession of any occupant thereof. non payment 26. In the event of any sum payable by the owner of any Forfeiture for parcel of land remaining unpaid for two years, the commissioner' may cause notice to be sent by registered letter to all persons shown by the records of the proper Land Titles Office to have any interest in the said parcel of land to the address shown by such records, if any, that after the expiration of three months from the mailing of such notice application will be made to a judge of the Supreme Court for an order vesting the title of the said parcel of land in His Majesty. (2) At any time after the expiration of the said three months if the sum or sums due have not in the meantime been paid the attorney general may apply to the judge on not less than ten days' notice to the parties and in the manner mentioned in the next preceding subsection for a vesting order and the judge may thereupon direct that the said parcel of land be absolutely vested in His Majesty freed from all liens, mortgages and incumbrances of whatsoever kind. (3) Upon any application under the next preceding subsection any certificate purporting to be signed by the commissioner shall be prima facie evidence of the facts stated therein. (4) In the event of the sum or sums due being paid before the judge has made the vesting order as provided in subsection (2) hereof the said owner shall pay to the commissioner such costs as the judge may direct and such costs shall be deemed to be a part of the sum last due and may be recovered in any manner provided for recovering any other sum payable by such owner. Removal of obstructions Cost of removal Ditch of private owner Application to commissioner REMOVAL OF OBSTRUCTIONS. 27. When any government ditch, heretofore or hereafter constructed, becomes obstructed by dams, bridges, fences, washouts and other obstructions caused by the owner or the person in possession of the lands where such obstruction occurs so that the free flow of water is impeded thereby the person or persons owning or occupying such land shall, upon reasonable notice in writing given by the commissioner, remove such obstructions in any manner caused as aforesaid, and if not so removed within the time specified in the notice the commissioner shall forthwith cause the same to be removed. 28. If the cost of removing such obstruction is not paid by such owner or occupant to the commissioner forthwith the same may be recovered by suit in the name of the Attorney General against such occupant or owner or may be recovered in any manner provided by this Ordinance for the recovery of any other sum payable to the commissioner. CONSTRUCTION OF PRIVATE DITCH. 29. Any municipality local improvement district or village or any owner who desires to construct a ditch or drain shall, if such ditch or drain affects other lands than lands owned by such municipality, local improvement district, village or owner, employ an engineer to make the necessary surveys and prepare the plans, estimates of cost and other information required in connection with such ditch or drain. 1901, c. 4, ss. 38, 40. 30. Upon completion of the survey of any ditch or drain. an application shall be forwarded to the commissioner in form prescribed by the commissioner for authority to construct such ditch or drain; with a plan prepared by the engineer showing the location of the proposed ditch, the names of the owners of lands crossed by such ditch and the outlet for the ditch together with any further information necessary to a clear understanding of the location and character of the proposed undertaking; and such plan shall be accompanied by a detailed report by the engineer regarding the manner in which lands crossed by the ditch will be affected thereby, the probable cost of completing the construction of the ditch and any further information required by the commissioner. 1901, c. 4, s. 42. construction 31. The application, plan, report and estimates required by Permit for the next preceding section shall be filed in the department and if approved by the commissioner a permit shall be issued to the applicant authorising him to proceed with the construction of the proposed ditch or drain and granting a definite period for the completion of such construction. 1901, c. 4, s. 43. of permit 32. The holder of a permit for the construction of a ditch Right of holder or drain may proceed with such construction across any lands in whomsoever vested doing no unnecessary damage thereto or thereon but shall first pay for the right of way required for such ditch or drain. 1901, c. 4, s. 44. to fix 33. If the holder of such permit is unable to agree with the Arbitration owner of any land crossed by such ditch or drain as to the compensation compensation to be paid for the right of way required therefor they shall proceed to arbitrate the question of such compensation under the provisions of The Arbitration Ordinance. ́1901, c. 4, s. 45. apply to 34. This Ordinance shall apply to government ditches the Ordinance to examination for which has been made but the construction of ditches begun which has not been completed prior to the passing of this Ordinance. REPEAL. 35. Sections 31 to 46 both inclusive of The Public Works Repeal Ordinance being Chapter 4 of the Ordinances of 1901 are hereby repealed. |