made in time

572.-(1) In case no notice of the intention to make appli- If no applicacation to quash a by-law is served within the time limited for that tion to quash purpose in the preceding section, or if the notice is served, specified, bythen, in case the application is not made or is unsuccessful law to be vathe by-law shall, notwithstanding any want of substance or standing deform, either in the by-law itself or in the time and manner of fects. passing the same, be a valid by-law.

(2) Where the application is made, and is successful in part, so much of the by-law as is not quashed upon the application shall be valid, notwithstanding any want of substance or form aforesaid. 46 V. c. 18, s. 573.

lid, notwith

when no suffi

573.-(1) In case a by-law already passed, or which may Power to be hereafter passed by the council of any municipality, for the amend by-law construction of drainage works by assessment upon the real cient means property to be benefited thereby, and which has been acted provided for completion of upon by the construction of such works in whole or in part, the work. does not provide sufficient means, or provides more than sufficient means for the completion of the works, or for the redemption of the debentures authorized to be issued there-under as the same become payable, the said council may, from time to time, amend the by-law in order fully to carry out the intention thereof, and of the petition on which the same was founded, and to refund the surplus (if any) to the then owners of the land pro rata according to the original assessment. 46 V. c. 18, s. 574 (1); 49 V. c. 37, s. 26.

section.

(2) Where a by-law which has been heretofore passed, Provisions reor which may be hereafter passed under the provisions of the specting bylaws passed preceding sub-section, has been or shall hereafter be pub- under the prelished in the manner required by section 571 of this Act, or in ceding subcase of a city, town or incorporated village, has been or shall be notified in the manner required by section 622, section 572 shall apply to such by-law, and any by-law passed under the said preceding sub-section need not be published unless the council sees fit; and the provisions of The Municipal Rev. Stat. c. Drainage Aid Act shall apply to any debentures issued under the authority of the said sub-section which have heretofore been or shall hereafter be purchased by direction of the Lieutenant-Governor in Council. 46 V. c. 18, s. 574 (2).

37.

tures not inva

574. No debenture issued or to be issued under any by-law When debenaforesaid shall be held invalid on account of the same not being lid though not expressed in strict accordance with such by-law, provided that in accordance the debentures are for sums not in the whole exceeding the with by-law. amount authorized by the by-law. 46 V. c. 18, s. 575.

575. Where it is necessary to continue the works afore- When work said beyond the limits of any municipality, the engineer or may be extended beyond surveyor employed by the council of such municipality may limits of mucontinue the survey and levels into the adjoining municipality, nicipality.

When lands,

ing municipality may be charged

though works not carried in

to such municipality.

until he finds fall enough to carry the water beyond the limits of the municipality in which the work was commenced, and until he obtains a sufficient outlet for the water, and in every such case he may charge the lands and roads to the same extent and in the same manner as is provided by the next succeeding section. 46 V. c. 18, s. 576; 49 V. c. 37, s. 27.

576. Where the works do not extend beyond the limits of etc., in adjoin the municipality in which they are commenced, but, in the opinion of the engineer or surveyor aforesaid, benefit lands in an adjoining municipality, or greatly improve any road lying within any municipality or between two or more municipalities, then the engineer or surveyor aforesaid shall charge the lands to be so benefited, and the corporation, person company whose road or roads are improved, with such proportion of the costs of the works as he may deem just; and the amount so charged for roads, or agreed upon by the arbitrators, shall be paid out of the general funds of such municipality or company. 46 V. c. 18, s. 577.

Report as to which municipality to bear

expense.

Plans, etc.

Council of

wherein work

is to be begun to notify municipality to be benefited.

or

577. The engineer or surveyor aforesaid shall determine and report to the council by which he was employed, whether the works shall be constructed and maintained solely at the expense of such municipality, or whether they shall be constructed and maintained at the expense of both municipalities, and in what proportion. 46 V. c. 18, s. 578.

578. The engineer or surveyor aforesaid, where necessary shall make plans and specifications of the works to be constructed, and charge the lands to be benefited by the work as provided herein. 46 V. c. 18, s. 579.

579. The council of the municipality in which the deepenmunicipality ing or drainage is to be commenced, shall serve the head of the council of the municipality into which the same is to be continued, or whose lands or roads are to be benefited without the deepening or drainage being continued, with a copy of the report, plans, specifications, assessment and estimates of the engineer or surveyor aforesaid; and unless the same is appealed from as hereinafter provided it shall be binding on the council of such municipality. 46 V. c. 18, s. 580.

Municipality so notified required

to raise neces

580. The council of such last mentioned municipality shall, within four months from the delivery to the head of the corporation of the report of the engineer or surveyor, as provided sary amounts. in the next preceding section, pass a by-law or by-laws to raise such sum as may be named in the report, or in case of an appeal, for such sum as may be determined by the arbitrators, in the same manner and with such other provisions as would have been proper if a majority of the owners of the lands to be taxed had petitioned as provided in section 569 of this Act. 46 V. c. 18, s. 581.

may appeal.

581-(1) The council of the municipality into which the But such work is to be continued, or whose lands, road or roads are to be municipality benefited without the work being carried within its limits, may, within twenty days from the day in which the report was served on the head of the municipality, appeal therefrom, in Proceedings which case they shall serve the head of the corporation from thereon, which they received the report, with a written notice of appeal; such notice shall state the ground of appeal, the name of an engineer or other person as their arbitrator, and shall call upon such corporation to appoint an arbitrator in the matter on their behalf, within ten days after the service of such notice.

(2) When it is proposed to continue the deepening or drainage from the municipality in which the same is to be commenced into another municipality, and when through misapprehension or mistake the council served with the report, plans and specifications of the engineer or surveyor, omits to appeal therefrom within twenty days, the Judge of the County Court of the county in which the municipality so served as aforesaid is situated may, upon application at any time before the drainage works have been already commenced or the contract let for the same, or the debentures have been actually issued under the said by-law, after the said twenty days have elapsed, by order, grant permission to appeal, upon such terms and conditions, as to costs and otherwise, as he deems just and reasonable, within a time to be limited by him in the order; or the other council or councils interested may, by resolution waive the lapse of the said time, and in either of such cases the proceedings for appeal shall be the same as would have been required if the appeal had been gone on with in the proper time.

(3) The summons to shew cause why an appeal should not be allowed shall not be returnable in less than seven days from the service thereof, and the council or councils shall have power to amend any by-law or by-laws which may have been passed as shall become necessary or proper, by reason of the appeal or the result thereof. 46 V. c. 18, s. 582 (1-3.)

appointed, etc.

582. The arbitrators shall be appointed by the parties in Arbitrators manner hereinbefore provided by the sections of this Act with shall be reference to arbitration, and shall proceed as therein directed; but in no case shall the engineer or surveyor employed to make surveys, plans and specifications, nor any ratepayer or person interested in the construction of any such works be pointed or act as arbitrator. 46 V. c. 18, s. 583.

ap

tribute to

583.—(1) After such work is fully made and completed, it Each municishall be the duty of each municipality, in the proportion deter- pality to conmined by the engineer or arbitrators (as the case may be), or maintaining until otherwise determined by the engineer or arbitrators, the work in under the same formalities, as nearly as may be, as provided in fixed by en

VOL. II.-35

proportions

gineer.

Compelling municipalities

repairs.

the preceding sections, to preserve, maintain and keep in repair the same within its own limits, either at the expense of the municipality, or parties more immediately interested, or at the joint expense of such parties and the municipality, as to the council upon the report of the engineer or surveyor may seem just. 46 V. c. 18, s. 584 (1).

(2) Any such municipality neglecting or refusing so to do, to make neces upon reasonable notice in writing being given by any person sary drainage interested therein, and who is injuriously affected by such neglect or refusal, may be compellable by mandamus, to be issued by any Court of competent jurisdiction, to make from time to time the necessary repairs to preserve and maintain the same; and shall be liable to pecuniary damage to any person who, or whose property is injuriously affected by reason of such neglect or refusal. 47 V. c. 32, s. 18.

Repair and maintenance,

what deemed.

Duty of minor municipalities

works.

(3) The deepening, extending or widening of a drain in order to enable it to carry off the water it was originally designed to carry off, shall be deemed to be a work of preservation, maintenance, or keeping in repair within the meaning of this section; provided the cost of such extension does not exceed the sum of $200, and in every case when it exceeds that amount, proceedings shall be taken under the provisions of section 585. 48 V. c. 39, s. 26 (2); 50 V. c. 29, s. 47.

584. After any works undertaken under section 598 are as to repairing fully made and completed, it shall be the duty of each minor municipality to preserve, maintain and keep in repair the same within its own limits, in accordance with the requirements of the preceding section, which shall be applicable thereto. 46 V. c. 18, s. 585.

Power to

change course

Rev. Stat. caps. 36, 37.

585. In any case wherein the better to maintain any drain of drain, make constructed under the provisions of this Act, or of The Ontario new outlet, etc. Drainage Act and amendments thereto, or of The Ontario Drainage Act of 1873, or of any other Act respecting drainage works and local assessment therefor, or of The Municipal Drainage Aid Act or to prevent damage to adjacent lands, it shall be deemed expedient to change the course of such drain, or make a new outlet, or otherwise improve, extend or alter the drain, the council of the municipality, or of any of the municipalities whose duty it is to preserve and maintain the said drain, may, on the report of an engineer appointed by them to examine and report on such drain, undertake and complete the alterations and improvements or extension specified in the report under the provisions of sections 569 to 582 inclusive, without the petition required by section 569. 46 V. c. 18, s. 586; 47 V. c. 32, s. 19; 48 V. c. 29, s. 27; 49 V. c. 37, s. 28; 50 V. c. 29, s. 39.

same, etc., or

586.—(1) In any case wherein after such work is fully made Works not exand completed, the same has not been continued into any other tended beyond municipality municipality than that in which the same was commenced, or commencing wherein the lands or roads of any such other municipality which do not are not benefited by such work, it shall be the duty of the benefit any municipality making such work to preserve, maintain and keep lity, to be in repair the same at the expense of the lots, parts of lots and maintained by roads, as the case may be, as agreed upon and shewn in the municipality by-law when finally passed.

other munici

commencing

same.

for out of funds

may be

(2) In any case where similar work has been constructed out of When work the general funds of the municipality, the council may, without has been paid petition, on the report of an engineer or surveyor, pass a by-law of municifor preserving, maintaining and keeping in repair the same at the pality repair expense of the lots, parts of lots and roads, as the case may be, charged on benefited by such work, and may assess such lots, parts of lots property beneand roads so benefited, for the expense thereof, in the same manner, by the same proceedings, and subject to the same right of appeal as is provided with regard to works made and completed under the provisions of this Act. 46 V. c. 18, s. 587 (1, 2); 50 V. c. 29, s. 40.

fited.

changed.

(3) The council may, from time to time, change such assess- Assessment ment on the report of an engineer or surveyor appointed by may be them to examine and report on such work and repairs, subject to the like rights of appeal as a person charged would have in the case of an original assessment; and the said council shall appoint a Court of Revision to consider such appeals in the manner heretofore provided. 50 V. c. 29, s. 41, part.

what deemed.

(4) The deepening, extending, or widening of a drain in order to Repair and enable it to carry off the water it was originally designed to maintenance, carry off, shall be deemed to be a work of preservation, maintenance, or keeping in repair within the meaning of this section; provided the cost of such extension does not exceed the sum of $200, and in every case where it exceeds that amount, proceedings shall be taken under the provisions of section 585. 48 V. c. 39, s. 26 (2); 50 V. c. 29, s. 47.

(5) In any of the cases referred to in this and the pre- Repayment of ceding sections, any moneys that have been or may hereafter advances. he advanced by the council of any municipality out of its general funds in anticipation of the levies to be made for the purposes of the said sections, shall be recouped to the municipality so soon as the moneys derived from the assessment shall have been made. 50 V. c. 29, s. 41, part.

589.

587. The provisions of sections 583, 586 and 589 of this Application of Act shall extend to drains constructed under the provisions of ss583,586 and The Ontario Drainage Act, and amendments thereto, or of Rev. Stat. The Ontario Drainage Act, 1873, or of The Municipal Drain- Caps. 36, 37. age Aid Act, the word "assessors" being substituted as to such drains for the word "engineer" in the third line of section 583 48 V. c. 39, s. 26 (1).