When injured party may remove tree. Entry to re move tree not to be a trespass, etc. Fence-viewers to decide disputes. Forms. (2) On his neglect or refusal so to do for forty-eight hours after notice in writing to remove same, the injured party may remove the same, or cause the same to be removed, in the most convenient and inexpensive manner, and may make good the fence so damaged, and may retain such tree to remunerate him for such removal, and may also recover any further amount of damages beyond the value of such tree, from the party liable to pay it under this Act. (3) For the purpose of such removal the owner of such tree may enter into and upon such adjoining premises for the removal of the same without being a trespasser, avoiding any unnecessary spoil or waste in so doing. (4) All disputes arising between parties relative to this section, and for the collection and recovery of all or any sums of money becoming due thereunder, shall be adjusted by three fence-viewers of the municipality, two of whom shall agree. R. S. O. 1877, c. 198, s. 14. 16. The forms. in the schedule hereto are to guide the parties, being varied according to circumstances. R. S. O. 1877, c. 198, s. 15. day of three fence-viewers of this locality, will attend on the arbitrate upon the line fence in dispute between our properties, being Lots ship of Dated this in the County of To C. D., Owner of Lot 2. view and arbitrate on the line fence between my property and that of Mr. being Lots (or parts of Lots) Nos. One and Two in the Concession of the Township of in the County of 18 A. B., R. S. O. 1877, c. 198, Sched. Form 2. FORM 3. (Section 7.) AWARD. We, the fence-viewers of (name of the locality), having been nominated to view and arbitrate upon the line fence between of (name and description of owner who notified) and (name and description of orner notified), which fence is to be made and maintained between (describe properties), and having examined the premises and duly acted according to The Line Fences Act, do award as follows: That part of the said line which and ends at (describe the points) shall be fenced, and and that part thereof which (describe the points) shall be The fence shall be commences at the fence maintained by the said commences at and ends at fenced, and the fence maintained by the said days, and completed within of the following description (state the kind of fence, height, material, etc.), and shall cost at least per rod. The work shall be commenced within days from this date, and the costs shall be paid by (state by whom paid; if by both, in what proportion). in the County of do agree that the line fence which divides our said properties shall be made and maintained by us as follows: (follow the Short title. Engineer appointment of. Certain Acts not affected. Owners of ad joining lands to construet HE ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts ~ as follows: 1. This Act may be cited as "The Ditches and Watercourses Act." 46 V. c. 27, s. 1. 2.-(1) Every municipal council shall name and appoint by by-law an engineer to carry out the provisions of this Act, and such engineer shall be and continue an officer of such corporation until his appointment is repealed by by-law and another engineer appointed in his stead, who shall have authority as well to take as to continue any proceeding already commenced under this Act. (2) The word "engineer" in this Act shall mean civil engineer, land surveyor, or such person as any municipality may deem competent to perform the duties required under this Act. 46 V. c. 27, ss. 4, 21. 3. This Act shall not affect the Acts relating to municipal or government drainage. 46 V. c. 27, s. 2. 4.-(1) In case of owners of lands, whether immediately adjoining or not, which would be benefited by making a ditch ditches in cer- or drain or by deepening or widening a ditch or drain already made in a natural watercourse, or by making, deepening or widening a ditch or drain for the purpose of taking off surplus water or in order to enable the owners or occupiers thereof the tain propor tions. better to cultivate or use the same, such several owners shall open and make, deepen or widen a just and fair proportion of such ditch or drain according to their several interests in the construction of the same; and such ditches or drains shall be kept and maintained so opened, deepened or widened by the said owners respectively, and their successors in such ownership, in such proportions as they have been so opened, deepened or widened, unless in consequence of altered circumstances the engineer hereinafter named otherwise directs which he is hereby empowered to do upon application of any party interested. in the same form and manner as is hereinafter prescribed in respect of the original opening, deepening or widening; and in case the engineer finds no good reason for such application all costs caused thereby shall be borne by the applicant and shall be collected as in this Act provided. 46 V. c. 27, s. 3. must be reached. (2) Every such ditch or drain shall be continued to a proper Proper outlet outlet, so that no lands, unless with the consent of the owner thereof, will be overflowed or flooded through or by the construction of any such ditch or drain and it shall be lawful to construct such ditch or drain, through one or any number of lots until the proper outlet is reached. 47 V. c. 43, s. 1. (3) Such consent shall be in writing, and signed by the Consent as to party consenting and shall be filed with the clerk of the muni- flooding land cipality, with the award and may be recited or referred to ing. therein. to be in writ (4) If after a ditch or drain has been constructed under the Notice to ownprovisions of this Act, and in case any owner whose duty it is er to repair. to maintain, and keep in repair any portion of such ditch or drain neglects to keep such portion in a proper state of repair any one of the owners who is liable for maintaining and keeping in repair any portion of such ditch or drain may in writing notify the owner who neglects to keep his portion of such ditch or drain in a proper state of repair, to have the same put in such repair, and to have the same completed within thirty days from the receipt of such notice. on owner's (5) The owner who serves the notice may, if the work has Application to not been performed at the expiry of the thirty days, make municipality application to the council of the municipality to have the default. repairs carried out and completed. (6) The council shall when such application is made, order Inspection by an examination of such portion of the ditch or drain as is com- engineer. plained of, to be made by the engineer of the municipality or by some other person to be appointed by the council, and who may be called the "Inspector of drains and ditches." The inspection shall be made not later than twelve days from the time of the ordering the same, and the engineer or inspector as the case may be, shall within twelve days after making the inspection, file with the clerk of the municipality a certificate. stating whether the complaint is well founded or not, and wherein the ditch or drain requires repairing. Report of inspector that complaint (7) If the engineer or inspector (as the case may be) certifies that the complaint is well founded. then in such case the well founded. council shall order him to proceed and let the work as provided in section 15, for re-letting work, unless the owner has himself in the meantime completed such repairs in accordance with the report or certificate of the engineer or inspector. The provisions of sections 16 and 18, shall apply as to inspection and payment of engineer's or inspector's fees and costs of work, and the council may by by-law fix the remuneration of the inspector during the time he may be engaged in the performance of any duties under this Act. A member of the council shall not Report of inspector that founded. be appointed inspector. (8) If the engineer or inspector decides that the complaint claim not well is not well founded, then in such case the party making the complaint shall pay the fees of the engineer or inspector, as the case may be, and if not paid by him they shall be paid and charged as provided in section 18. Appeal. Proceedings to effect an agree (9) Any owner or party interested under proceedings taken under or by virtue of the preceding six sub-sections, shall have the right of appeal as provided by this Act, where the amount involved exceeds the sum of $20. 50 V. c. 37, s. 1. 5. In case of dispute between owners respecting such proment in case of portions, any owner shall, before filing with the clerk of the dispute. municipality the requisition provided for in section 6 of this Act (Form C or to the like effect), serve upon the other owners or occupants of the lands to be affected a notice in writing signed by him (Form B or to the like effect), naming a day, hour and place convenient to the ditch or drain at which the parties are to meet, and, if possible, agree upon the respective portions of the ditch or drain to be made, deepened or widened by each of them, the notice to be served not less than twelve clear days before time of meeting: and in case at the meeting an agreement shall be come to between the parties, the agreement shall be reduced to writing (Form A or to the like effect), and shall be signed by all the parties and shall, within four clear days from the signing thereof, be filed with the clerk of the municipality in which the land requiring the ditch or drain is situate, and the agreement may be enforced in like manner as an award of the engineer as hereinafter provided. 46 V. c. 27, s. 5; 50 V. c. 37, s. 2. Proceedings in ease no agree to. 6. In case the parties at the meeting shall not agree, any ment is come owner may file with the clerk of the municipality in which the lands requiring such ditch or drain are situated a requisition (Form C or to the like effect) shortly describing the ditch or drain to be made, deepened or widened, and naming the lands which will be affected thereby and the owners respectively, and requesting that the engineer appointed by the municipality for the purpose be asked to appoint a day in which he will attend at the time and place named in the requisition, which shall not |