CHAPTER 56.

An Act respecting Drainage.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Land Drainage Act." R.S.M. c. 50, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, the expression "Minister" means the Minister of Public Works.

FORMATION OF DRAINAGE DISTRICTS.

district.

3. Whenever satisfied that it will be of public benefit to Drainage drain, reclaim and render fit for occupation and cultivation any lands in the Province, the Lieutenant-Governor-in-Council may, upon a petition of a majority of the property holders interested, organize such lands or territory into what may be designated or called a drainage district.. R.S.M. c. 50, s. 2; 3 Geo. 5, c. 17, s. 1.

surveys.

4. Prior to the formation of any drainage district under Preliminary the provisions of this Act, a survey and examination shall be made by a competent engineer of the lands sought to be reclaimed, with a view of ascertaining the probable cost thereof, and whether the work, if performed, would be of public benefit. R.S.M. c. 50, s. 3.

engineer.

5. Such engineer shall examine the proposed work and Report by make his report thereon in writing to the Minister, upon all and singular the matters aforesaid, accompanied by accurate maps, plans and profiles of the said work.

contain.

(2) The report of the engineer aforesaid shall, in addi- What to tion, contain an accurate description of each parcel of land to be benefited by the proposed work, giving the number of acres in each tract and the estimated number of acres in each tract to be benefited. R.S.M. c. 50, ss. 4, 5.

Report by
Minister of

to Lieut.-Gov.

6. Upon the receipt of the report of the engineer, the Public Works Minister shall report upon the utility and desirability of the in-Council. work, and submit the same, together with the report of the engineer (which shall have annexed thereto all maps, plans, profiles, estimates as to the cost of construction of the proposed work, and all and every other matter or thing affecting the same), to the Lieutenant-Governor-in-Council, for determination as to whether the said work shall be undertaken. R.S.M. c. 50, s. 6.

Notice of in

tention to undertake work.

Petition against undertaking.

Minister of

7. If the doing of the proposed work meets with the approbation of the Lieutenant-Governor-in-Council, the Minister shall thereupon publish a notice that it is the intention of the Department of Public Works to undertake the proposed work (describing it), at an estimated cost (to be stated), as a local improvement, and to assess and levy against the lands to be benefited thereby (giving a general description thereof) the cost thereof, including cost of preliminary surveys, unless a majority of the owners of the property affected, representing at least one-half in value thereof, petition him, the said Minister, against the same within one month after the publication of the said notice. Such notice shall be inserted once in each week for three weeks in The Manitoba Gazette and in at least two newspapers, one published in the City of Winnipeg and the other to be determined by the Minister. R.S.M. c. 50, s. 7; 3 Geo. 5, c. 17, s. 2.

8. If a majority of the owners of the real property affected, representing at least one-half in value thereof, petition the Minister, within the time hereinbefore limited, against the proposed work, the same shall not be proceeded with. R.S.M. c. 50, s. 8.

Statement by 9. After the expiration of one month, if no petition shall Public Works have been received against the proposed work, the Minister respecting shall cause to be prepared and laid before the Lieutenantundertaking. Governor-in-Council a statement showing the following facts, and in the order named, that is to say,

proposed

(a) the estimated cost of the proposed work;

(b) a description of the lands to be benefited by the same, with an estimate of the number of acres benefited in each parcel, as shown by the engineer's report;

(c)

the estimated amount of benefits to each of the said tracts of land;

(d) the amount that each of the said tracts of land, so to be benefited, will be liable for and must pay for the location and construction of the said work, which shall be determined by the Minister as follows:-The total cost shall be divided by the total estimated benefits for the rate of cost on each one dollar of benefit (the engineer shall not be obliged to carry out and use a smaller fraction than one-tenth of one mill); the amount of estimated benefits on each tract of land shall be multiplied by the same rate and the result set down in a column opposite each of said tracts or parcels of land; and such result so obtained shall be the amount that each of said tracts or parcels of land shall be liable to pay for the proposed work, exclusive of the debenture interest hereinafter mentioned.

drainage

(2) The Lieutenant-Governor-in-Council shall thereupon Formation of constitute the lands to be benefited by the proposed work into district. a drainage district, to be designated as "Drainage District No. (giving a number)." R.S.M. c. 50, s. 9.

boundaries of

10. If, subsequent to the formation of any drainage dis- Extending trict, it is deemed advisable to extend the boundaries of said district. district, and such extension meets with the approbation of the Lieutenant-Governor-in-Council, then, after compliance with sections 7, 8 and 9 of this Act, the land designated shall become part of and become incorporated in the said drainage district. 3 Geo. 5, c. 17, s. 3 (9c).

.DEBENTURES.

debentures.

11. Upon the formation of such drainage district, the Issue of Lieutenant-Governor-in-Council shall, before or at any time after the execution of the work, order the issue and negotiation of debentures of such district for the estimated or actual cost of such work, and shall fix the time which said debentures shall run, which shall not be less than twenty nor more than thirty-five years. R.S.M. c. 50, s. 10.

12. Such debentures shall be in such denominations as Debentures. the Lieutenant-Governor-in-Council may determine, and shall bear interest, payable annually or semi-annually, at a rate not exceeding six per cent. per annum, and shall be prepared with the coupons for interest to be attached thereto in such form as will meet the requirements of the provisions of this Act, and may either be in currency of the Dominion of Canada or sterling money of Great Britain, and be made payable at any place in Canada or the United Kingdom. R.S.M. c. 50, s. 11.

Execution of debentures.

Operation of debentures.

No lien.

Drainage district debenture account.

Guarantee of drainage

Province.

13. Such debentures shall be signed by the Provincial Treasurer and sealed with the seal of the Province; and the coupons for interest shall also have the signature of the Provincial Treasurer lithographed or printed thereon. R.S.M. c. 50, s. 12.

14. Such debentures shall specify that they are issued in accordance with the provisions, and pursuant to the authority of this Act, naming it by its title, and stating the number of the district on account of which the same are issued, and that the security for the repayment of the respective amounts thereof, and the coupons attached thereto, is and shall be a perpetual lien upon the lands subjected to assessments for benefits under this Act comprised within the drainage district, and on account of which such debentures are issued, so long as the same, or any part thereof, shall remain unpaid; and it is hereby declared that such debentures, with the coupons attached thereto, shall constitute such a perpetual lien upon the lands, for the period and in the manner aforesaid:

Provided, however, that such debentures and coupons for interest shall not be considered or construed to constitute a lien on any tract or parcel of land within the drainage district to any greater amount than the amount of the benefits assessed against such parcel or tract, pursuant to the provisions of this Act. R.S.M. c. 50, s. 13.

15. Upon a disposition and realization of the amount of the debentures herein provided for (which shall be sold to the best possible advantage), the Provincial Treasurer shall open a special account in the books of his office to be called "Debenture Account of Drainage District No. (giving the number)," to which shall be credited the total amount received from the sale of the debentures aforesaid. R.S.M. c. 50, s. 14.

16. The Provincial Treasurer may, for and on behalf of debentures by the Province, notwithstanding the provisions of section 14 of this Act, upon the approval of the Lieutenant-Governor-inCouncil, guarantee the principal and interest of any debentures issued under the authority of this Act, in which case the provisions of such debentures, limiting the security, shall be omitted and the amount of all special assessments against the lands in the drainage district, for the drainage and reclaiming of which such debentures shall be issued, shall be a first lien, in the manner hereinbefore provided, to the said Provincial Treasurer.

Provincial or

drainage

(2) The Provincial Treasurer may, with the approval of Investment of the Lieutenant-Governor-in-Council, invest from time to time trust funds in in such drainage debentures any surplus of the Consolidated debentures. Revenue of the Province or any trust funds (other than such as may be held for court or official administration purposes, or other like and specific trusts), not exceeding in the whole the sum of two hundred thousand dollars. R.S.M. c. 50, s. 15. \

17. Any debentures issued under the authority of this validation of Act shall not be questioned, and shall be deemed valid to all debentures. intents and purposes whatsoever. R.S.M. c. 50, s. 16.

of surplus.

18. Any surplus that may be remaining in the hands of Application the Provincial Treasurer, after the full and complete payment of any drainage debentures issued under the authority of this Act, shall be refunded by the said Treasurer to the treasurer of the municipality in which said drainage district is, and shall be rateably distributed to the credit of the lands comprising the drainage district; and the sums so distributed shall constitute a credit to the extent of the apportionment on general taxes against such land at the time outstanding or to mature. R.S.M. c. 50, s. 17; 3 Geo. 5, c. 17, s. 4.

ments made.

19. The Minister shall, upon undertaking the perform- Levy for payance of any work under the provisions of this Act, prepare or cause to be prepared duplicate and triplicate copies of the statement mentioned in section 9 of this Act, adding thereto columns showing the total proportionate amounts necessary to be levied and collected annually from the parcels or tracts therein mentioned in order to pay the interest upon the debentures as the same shall become due and payable, and to provide a sinking fund for the redemption of the said debentures at maturity, basing such calculation upon the extent of the benefits to each parcel or tract to be benefited by the proposed work as set forth in said section 9, one of which copies shall be forwarded to the treasurer of each municipality in which the work or a portion thereof is, and the other shall be filed in the land titles office or registry office for the district in which such lands, or any portion thereof, lie.

in-Council

that sinking

be levied dur

issue of de

(2) The Lieutenant-Governor-in-Council may, if deemed Lieut.-Gov.advisable, vary the provisions of this section by providing may provide that the sinking fund necessary for the redemption of the fund shall not debentures at maturity shall not be levied or collected during ing first five the first five years next after the date of issue of the deben years after tures, in which case the statement provided to be prepared bentures. shall be varied accordingly, but the whole sinking fund shall be levied and collected during the remainder of the period during which such debentures run. R.S.M. c. 50, s. 18.