work beyond district. 40. Whenever it is required to continue any drainage Extension of work beyond the limits of any drainage district, the Minister drainage may continue the same on or along or across any road allowance, and from any such road allowance into or through any municipality, until a sufficient outlet is reached. R.S.M. c. 50, s. 36. municipality work after 41. The council of any municipality or municipalities, Extension by whose duty it is to maintain any drainage work for which of drainage only lands within the jurisdiction of such municipality or completion. municipalities are assessed, may, after the completion of the drainage work, upon a pro rata assessment on the particular lands within the drainage district benefited, as last assessed for the construction of the drainage work, deepen, widen or extend the same, provided the cost of such deepening, widening or extending does not in any one year exceed the sum of two thousand dollars, and in every case where the cost would exceed that sum the proceedings to be taken shall be as hereinafter provided. R.S.M. c. 50, s. 37; 3 Geo. 5, c. 17, s. 8. Minister of of drainage 42. Whenever for the better maintenance of any drain- Extension by age work constructed under the provisions of this Act, or any Public Works former Act respecting drainage, or to prevent damage to any work after lands or roads, it shall be deemed expedient to change the completion. course of such drainage work, or to make a new outlet for the whole or any portion of the work, or otherwise improve, extend or alter the work, the Minister may, upon the petition of the municipality, or the joint petition of the municipalities, whose duty it is to maintain and keep the said drainage work in repair, and without any other preliminary requirements, other than a report of an engineer appointed by him to examine and report upon the same, undertake and complete the change of course, new outlet, improvement, extension or alteration of such drainage work; and, for the purposes aforesaid, the Minister of Public Works shall have all the powers to assess and charge the lands in his opinion benefited in the same manner, to the same extent and by the same proceedings as provided for in this Act. R.S.M. c. 50, s. 38. authorized ment stock therefor. 43. Whenever in any drainage district it is found neces- Additional sary to execute and perform other and additional works work may bo requisite for the completion or efficiency of the drainage dis- and Governtrict, the Lieutenant-Governor-in-Council (whenever the cost sold to pay of same does not exceed five thousand dollars) may authorize and direct the same to be done, and the Provincial Treasurer to issue and sell Manitoba Government stock for the said amount, and to pay over the proceeds thereof to the Minister of Public Works to be expended for the purpose aforesaid. Levies to be made to reimburse Provincial Treasurer (2) To repay the said amount to the Provincial Treasurer, together with the interest thereon, levies shall be made upon the lands in the said district and collected in the same manner as provided for in the original levy or levies made upon the said district, pursuant to the provisions of this Act. 2 Geo. 5, c. 18, ss. 7, 8. Incorporation of other works. Maintenance of drainage within one INCORPORATION OF OTHER WORKS. 44. The Minister may incorporate, in whole or in part, into the general drainage work being done or continued in any district under the provisions of this Act, any other drainage work done in the district since its organization as such, or that is being done by any person, company or corporation, and in such event he may allow to such person, company or corporation the value of such other work to the extent that in his opinion it shall contribute to the value of the general work, and payment of the value so fixed shall be made as if the same were received under the provisions thereof. R.S.M. c. 50, s. 39. MAINTENANCE OF WORKS. 45. Where a drainage work does not extend beyond the work wholly limits of one municipality, it shall be maintained and kept in municipality. repair by such municipality in the manner provided for in this Act, and if such municipality fail to do so the Municipal Commissioner may do, or cause to be done, everything necessary to maintain and keep in repair such drainage work, and collect the expense thereof from such municipality from time to time by levies made in accordance with "The Municipal Commissioner's Act." R.S.M. c. 50, s. 40; 3 Geo. 5, c. 17, s. 9. Maintenance of intermunicipal drainage works. 46. Any drainage work constructed under the provisions of this Act, or any Act or Acts for which this Act is substituted, which is continued through more than one municipality, or which is commenced in one municipality and continued thence into any other municipality or municipalities, shall, after the completion thereof, be maintained by the former municipality from the point of commencement thereof to a point at which the drainage work crosses the boundary line into another municipality and by every other municipality in like manner through or into which the drainage work is continued, at the expense of the lands in any way assessed for the construction thereof and in the proportion determined by the Minister in his report and assessment for the original construction of the work; and for the purpose of collecting the cost of such maintenance each and every municipality interested shall have all the powers and authority for the levying and collection thereof against the lands liable therefor, as aforesaid, as provided for the levying and collection of ordinary municipal rates by "The Assessment Act" and amendments thereto, and, in case of default by any such municipality, the Municipal Commissioner may do or cause to be done everything necessary to maintain and keep in repair such drainage work, and collect the expense thereof from such municipality from time to time by levies made in accordance with "The Municipal Commissioner's Act." R.S.M. c. 50, s. 41; 3 Geo. 5, c. 17, s. 10. for Highways ments. 47. The council of any municipality in which there is Special tax any portion of a drainage work constructed under the pro- Improvevisions of this Act, or any Act or Acts for which this Act is substituted, may impose a special tax upon lands in the district, or any portion thereof, for the construction of highways therein, or for paying the principal and interest of debentures issued under any by-law for the raising of money to defray the cost of the construction of such highways. 3 Geo. 5, c. 17, s. 11. DAMAGES. occasioned by 48. The Minister shall have the power to consider and Damages award the payment of any damages that may be occasioned execution of by the performance of any work under the provisions of this works. Act, and any damages so paid shall be considered as part and parcel of the cost of such work. R.S.M. c. 50, s. 42. damage occa 49. The Minister shall determine in what manner the Allowance for material taken from any drainage work shall be disposed of, sioned by disand the amount to be paid to the respective persons entitled position of to damages to lands and crops (if any) occasioned thereby: taken from Provided, however, that no claims for damages under this or the preceding section shall be considered or entertained unless they are made within six months after the date of such damage being suffered. R.S.M. c. 50, s. 43; 3 Geo. 5, c. 17, s. 12. material work. RELIEF DRAINAGE WORKS. of relief work. 50. If from the doing of any drainage work, water is Construction caused to flow upon and injure lands or roads outside the drainage drainage district, the construction of all drainage work required for relieving the lands or roads injuriously affected may be undertaken by the Minister as part of the general work. R.S.M. c. 50, s. 44. Payments for work. Sale for arrears of drainage tax. Sale for taxes of benefited lands. Provincial purchase PAYMENTS. 51. All payments with respect to any work performed under the provisions of this Act shall be made by voucher signed by the Minister addressed to the Provincial Treasurer, which shall be sufficient authority for the latter to pay the amount thereof, and to charge the same against the special drainage account aforesaid. R.S.M. c. 50, s. 45. SALE OF LANDS FOR ARREARS OF TAXES. 52. The treasurer of a municipality shall not allow or permit more than two years of the special drainage tax imposed under the provisions of this Act to remain outstanding. without selling the lands liable for such arrears; and, notwithstanding any provision of "The Assessment Act," it shall be the duty of the municipal treasurer to sell the same without other warrant or authority, on receiving the warrant of the Provincial Treasurer therefor. R.S.M. c. 50, s. 46. 53. In the event of a sale for arrears of taxes of any land liable for the payment of the special drainage tax herein provided for, a sufficient amount of the proceeds of such sale shall be first credited by the treasurer of such municipality to the special drainage tax in arrear, notwithstanding that there may be other arrears for which the said land was sold. R.S.M. c. 50, s. 47. 54. The Provincial Treasurer may become the purchaser empowered to at any tax sale of any land in a drainage district constituted land sold for under the provisions of this Act, or any former Act respectof drainage ing drainage. R.S.M. c. 50, s. 48. non-payment tax. Application of 55. The proceeds derived from the sale of any land ae moneys derived from sale of such lands. Case of land that cannot be taxed. How to be provided for. quired by the Provincial Treasurer under the provisions of the last preceding section shall be devoted to the payment of any amount in arrear for interest or sinking fund upon the debentures issued for and on account of the drainage district of which such land forms a portion. R.S.M. c. 50, s. 49. LANDS NOT LIABLE FOR DRAINAGE TAXES. 56. All lands within any drainage district established under the provisions of this Act, or any former Act respecting drainage, in so far as this Legislature shall have power to impose the same, shall be liable for any special tax levied thereunder. If, however, from any cause, it transpires that any such amount cannot legally be collected or that any particular parcel of land should not be subject to the special tax, the amount thereof may, in the discretion of the Lieutenant DRAINAGE. Governor-in-Council, either be deducted or rateably distributed between the remaining lands liable, and collected in the annual levies from the lands so liable upon the principle of apportionment hereinbefore provided, or assumed and paid by the Government of Manitoba out of any funds to the credit of the Consolidated Revenue Fund of the Province. This provision shall apply to all drainage districts heretofore or that may hereafter be formed under the provisions of this Act. R.S.M. c. 50, s. 50; 3-4 Ed. 7, c. 11, s. 3. ing liable rency of 57. If any land in a drainage district is not liable for Lands becomtaxation at the time of the performance of the aforesaid during curwork, but afterwards, during the currency of the debentures, debentures. it becomes liable to taxation, the municipality shall assess such land for an amount equal to the assessment of other lands in the said drainage district receiving equal benefits. 3 Geo. 5, c. 17, s. 13. MISCELLANEOUS PROVISIONS. ments to be district. 58. Payments made by the Minister under any of the Certain payprovisions of sections 32, 38, 44, 49 and 50 of this Act shall charged to be deemed to be expenditure on account of the drainage district within or on account of which such work is performed. R.S.M. c. 50, s. 52. to works 59. The provisions of this Act, so far as applicable, shall Act to apply extend and apply to all works heretofore constructed or now already or being constructed in any drainage district formed under any constructed. previous Act respecting drainage. R.S.M. c. 50, s. 53. now being mentary council. 60. The Lieutenant-Governor-in-Council may supple- Supple ment any of the provisions of this Act with such other pro- orders-invisions, not inconsistent with this Act, as may be deemed necessary to provide for the convenient operation of this Act. R.S.M. c. 50, s. 54. 61. Sections 18 and 25 shall be retroactive and shall be acted upon as if they had been in force in their present form since the twenty-ninth day of March, 1895. 3 Geo. 5, c. 17, s. 14. PENALTIES. removing drainage 62. Any person who shall remove, deface, cut down, de- Penalty for stroy, or in any way interfere with, any posts, signs or posts, etc., on other indications on or upon any drainage works, placed works. thereupon by the engineer in charge of the works, or by any other person by his direction, for the purpose of denot |