1857. Proprietors of low lands may direct drains, &c., to be kept in repair. Hedges not to be drains. repaired, by the commissioners of sewers; and in such case, said commissioners may employ persons to do the same, and may assess the proprietors therefor, and collect the assessment, in the manner provided in this act for assessing and collecting the expense of first making dams, ditches, and drains. SECT. 11. The proprietors of any meadow, marshy, and low lands, may, in a legal meeting, by a major vote, to be computed according to interest, direct their scavengers to keep their dams, drains, an ditches, in repair; and in such case, the scavengers may employ persons to do the same, and may assess the proprietors of such lands, to defray the charges, according to their quantity of land, and the benefit which they receive, in such proportion as the scavengers shall judge to be equal and just, and may appoint a collector, who shall collect such assessments, and pay the same to such persons as said scavengers shall appoint to receive them, which collectors shall have the same powers as collectors of town taxes, and shall be accountable to the scavengers appointing them. SECT. 12. If any person, without liberty from the proprietor, Not on bank of shall set any fence, hedge, or other incumbrance, on the bank of any such drain, so as to make the clearing and repairing of it more difficult, the scavengers may remove the same as a common nuisance. 1858. When owners of. lands may peti power to drain prietors. SECT. 13. Whenever the owner or owners of any lands may wish to drain the same, and are unable to agree with the proprietor or tion the court for proprietors of adjacent lands, as to the mode of draining said land or across land of lands, and the damages consequent thereon, said owner or owners, if djoining pro- all of them shall join in such application, may prefer a petition to the superior court, in the county where such lands are situated, for power to drain said land or lands, across the lands of adjoining proprietors; but they shall, at least twelve days before the sitting of the court to which the petition shall be preferred, cause said petition, and a citation, to be duly served on each and every of the said adjoining proprietors. Court to appoint three freeholders to prescribe damages. SECT. 14. Upon the petition of any person or persons, preferred as aforesaid, if the parties do not otherwise agree, the court before node and assess which such petition is brought shall appoint three judicious and disinterested freeholders of the town where such lands are situated, to prescribe the best mode of draining said land or lands, and to assess the damages which will thereby accrue to the adjoining proprietor or proprietors; and said freeholders shall make report, in writing, of their doings to said court, and said court may set aside the doings of said freeholders, for any irregularity or improper conduct in the performance of their duties. 1858. 1858. port of freeholdthereon. SECT. 15. All persons interested in, or affected by, the draining Acceptance of re- of said lands, as aforesaid, may appear before said court, and remonstrate against the acceptance of said report, for any irregularity or improper conduct; and if upon a hearing of the objections to such report, the court shall be of opinion that it ought not to be accepted, it may set the same aside; but if the court shall be of opinion that such report ought to be accepted, it shall be final and conclusive upon the parties, except as to the matter of damages; and said court may allow and order the draining of said land to be done in accordance with the report of said committee, and may enforce said order under proper penalties. Re-assessment of damages. SECT. 16. Either party may move the court for a re-assessment of damages; and upon such motion the court shall appoint three other judicious and disinterested freeholders, from the town as aforesaid, to re-assess the damages; and said freeholders shall make report, in writing, of their doings, to the session of the court, during which their appointment is made, or to the next session thereof. ment may be set SECT. 17. The court, to which the doings of said last named free- When re-assessholders are returned, may set the same aside, if, upon exception aside, &c. taken, it shall appear to said court that said freeholders have conducted improperly; otherwise, the doings of said freeholders shall be conclusive as to the assessment of damages; and if the court shall set aside the report of said freeholders, it shall order three other judicious and disinterested freeholders, as aforesaid, to re-assess the damages as aforesaid. tion, how paid. SECT. 18. If said freeholders, last appointed, shall not increase the Costs of applica damages, the court shall order the applicants for such re-assessment to pay the costs of the application. SECT. 19. The costs of the petition, the officers' fees in serving Costs, how taxed. the same, and the fees of the freeholders appointed in pursuance of the provisions of the sixteenth and seventeenth sections of this act, not herein otherwise provided for, shall be taxed at the discretion of the court before which such petition is returnable. CHAPTER II. OF DRAINS AND DRAIN COMPANIES. 1861. low lands may companies. SECT. 20. Whenever the major part of the proprietors of any meadow, marshy, or low lands, or of grounds which are injured by Proprietors of the overflowing of water, or which may be benefited and rendered organize drain more valuable by draining; or of swampy lands which may be rendered more valuable by drowning and draining the same; or if there are more than twenty of such proprietors, whenever not less than ten of said proprietors shall bring their petition to the superior court in the county, where such lands or the greater portion of them are situated, representing to said court the circumstances thereof, praying for leave to remove any obstructions to the passage of the water in rivers, brooks, streams, or ponds, which occasion the overflowing of any part of such meadow, marshy, or low lands, or for leave to open any new drains where the same may be necessary, or for leave to flow and drain such swampy lands, or for making dams to prevent the water from overflowing any such meadow, marshy, or low lands, due notice shall be given to the other proprietors, to appear at said court to make objections, if any they have, to the granting of such leave, which notice may be served by any proper officer or indifferent person, by leaving a certified copy of such petition with each of said proprietors, or at their usual place of abode, at least twelve days before the sitting of the court to which the same is returnable; and if either of said proprietors reside out of the town or towns where such lands are situated, such certified copy shall be deposited by such officer, or indifferent person, in any post office in such town, or towns, postage paid, directed to the address of such proprietor, as near as the same can be ascertained; and in such case Drain companies meetings, for &c. such proprietor shall be deemed to have received due notice of the SECT. 21. The proprietors, composing said drain company, shall to hold annual hold an annual meeting, at such time and place, and upon such choice of officers, notice, as they shall have previously agreed upon in a lawful meeting; at which annual meeting they shall choose a clerk, who shall be sworn, a treasurer, a collector of taxes, and one scavenger, all of whom, except the scavenger, shall hold office until the next annual meeting, and until others are chosen in their places and duly qualified. The scavenger shall hold office for three years, and until his successor is duly chosen and sworn. If, at any time, there shall be a vacancy in any of the offices herein named, the same may be filled at any lawful meeting of said company. Powers of proprietors. Scavengers may or not. SECT. 22. The proprietors at their annual meetings, or at meetings legally warned for that purpose, may direct their scavengers to employ persons to remove any obstructions to the passage of the waters in any river, brook, stream, pond, drain, or ditch, or to erect or keep in repair any dam, or to open any new drain, or ditch, and to lay taxes to meet the liabilities of the company, and to do and perform any other services contemplated in this chapter, or necessary to carry the same into full effect. SECT. 23. The scavengers, duly appointed or chosen under the he proprietors, provisions of this chapter, may be proprietors in said drain company, or indifferent freeholders residing in the town where the company is located, and they shall take the oath provided by law; they shall warn all meetings of the company, by giving such notice as the proprietors shall have agreed upon in a lawful meeting; they shall call a special meeting, upon the written request of three proprietors, and at such other times as said scavengers shall deem best; they shall make out all taxes, and procure a warrant for their collection from a justice of the peace; they shall draw all orders on the treasurer, and shall perform all the duties of a committee of the proprietors; they shall, within four weeks next after the organization of the company, and within four weeks next after the annual meeting, once in five years thereafter, ascertain and determine the quantity of land which each proprietor owns within the limits of the company, and the proportion of benefit which they will receive from the opening or clearing of such drains and ditches, or the erection of such dams, &c.; and having assessed the same in such proportion as said scavengers deem equal and just, they shall cause such assessment to be recorded by the clerk of said company, and all votes shall be counted, and taxes laid, in proportion to the interest thus assessed; they shall make a full report of their doings to each annual meeting, which report shall be in writing; and they, with the collector, shall receive such compensation as the proprietors shall have voted at their first, or an annual meeting. 1865. Corrections of SECT. 24. The scavengers of any drain company may make such corrections, and alterations in the assessment of the quality of land, assessments to or proportion of benefit to any proprietor, as may be necessary to cor- be made. rect any manifest error therein, from time to time, and shall certify such corrections to the clerk of said company, who shall record the same. direct new as SECT. 25. The proprietors of any drain company may, at their Proprietors may annual meeting, or at a special meeting warned for that purpose, sessments to be direct their scavengers to make a new assessment of the quantity of made. land, and proportion of benefit as provided in the twenty-third section of this act, and when so made and recorded said assessment shall have the same effect as it would, if five years had elapsed since the last assessment was made. lectors of taxes. 1862. SECT. 26. The collectors of taxes shall have the same authority, Powers of coland be entitled to the same fees, in performing the duties of their office, as collectors of town taxes, and shall be liable to the same penalties for refusal to accept and execute the duties of the office. SECT. 27. The proprietors of any meadow, marshy, or low lands, or Proprietors of grounds, or of swampy lands, having a commission of sewers appointed low or swampy under the provisions of this act, at a meeting duly warned for that lands may organpur- ize drain compapose, as provided in the next succeeding section, may, by a three-fourth nies. vote of said meeting, computed according to interest, agree to be organized as a drain company, with the powers and privileges of drain companies organized by the superior court, under and by virtue of the twentieth, twenty-first, twenty-second, and twenty-third sections of this act, and thereupon said proprietors may proceed to organize said company, by choosing the officers named in the twenty-first sec- Officers. tion, and also two additional scavengers, the one to hold office for two years and the other for one year; said meeting may also proceed to do any other business, lawful to be done at annual meetings of drain companies, organized under the twentieth section; said meeting shall also select a name by which said company shall be known, and such meeting may be adjourned from time to time until such business shall have been transacted. notified, &c. SECT. 28. Any justice of the peace, upon the application of said Meeting of proproprietors, or of so many of them as are required to bring a peti-prietors how to tion to the superior court, under the twentieth section, may issue a warning to all of said proprietors, notifying them to meet at some specified time and place in the town, where said lands or a portion of them lie, for the purposes named in said section, which warning may be served by any proper officer, or indifferent person, leaving a certified copy of such application and warning with each of said proprietors, or at their usual place of abode, at least twelve days before the time specified for said meeting; but if either of said proprietors resides out of the town or towns where such lands are situated, then if such officer or indifferent person shall deposit such certified copy in any post office in such town or towns, postage paid, directed to the address of such proprietor, as near as the same can be ascertained, such proprietor shall be deemed to have received due notice of such meeting. missioners of SECT. 29. Whenever a drain company shall have been organized Duties of comunder and by virtue of the two next preceding sections, the powers gewers to termiand duties of the commissioners of sewers, within the limits of said nate, when. 1864. may annex land prietors. drain company, shall thereupon terminate, and said drain company shall thereupon have and enjoy all the powers and privileges of drain companies organized by the superior court. SECT. 30. Whenever a drain company shall have been duly organDrain companies ized, under and by virtue of the preceding sections of this chapter, the of adjoining pro- proprietors in said company, at a meeting legally warned for that purpose, may, by a two-third vote of such meeting, alter the bounds of said company, by annexing to said company such land or lands adjoining thereto, as the owner or owners thereof shall have applied to said company, in writing, to have so annexed; and when so annexed, said application shall be recorded at length by the clerk of said company; and the owner or owners of said lands shall thereupon be entitled to all the benefits, and liable to all the duties and responsibilities, of proprietors in said drain company. May authorize to petition the their bounds. SECT. 31. Whenever any drain company shall have been organtheir scavengers ized, as named in the next preceding section, and said company, at a court to extend meeting warned for that purpose, shall have authorized their scavengers, by a two-third vote of such meeting, to take such action as is necessary to have the bounds of said company altered, so as to annex to said company any land or lands adjoining thereto, said scavengers may bring their petition to the superior court, for the county in which such lands so proposed to be annexed to said drain company are situated, representing to said court the circumstances thereof, and praying to have said lands embraced within the limits of said company, and that the bounds of said company may be extended so as to include the same. Service of petition. SECT. 32. The petition of said scavengers, and also the petition of the proprietors, as provided for in the twentieth section of this act, shall be accompanied by a summons, signed by some proper authority, directing the respondents in said petition to appear at the court to which said petition is returnable, and make objection, if any they have, to the granting of the prayer of said petition. The said petition and the summons may be served by any proper officer, or indifferent person, leaving an attested copy of such petition and summons with each of said proprietors, or at their usual place of abode, at least twelve days before the sitting of the court to which the same is returnable; but if either of said proprietors resides out of the town or towns where such lands are situated, then, if such attested copy shall be deposited by such officer or indifferent person, in any post-office in such town or towns, postage paid, directed to the address of such proprietor, as near as the same can be ascertained, at least twelve days before the sitting of said court, such proprietor shall be deemed to have received due notice of the pendency of such petition, and to have been legally summoned to Hearing on the answer thereto. Upon the hearing of said petition, either of said petitioners or respondents may appear and be heard, by themselves, their witnesses and attorneys; and said court may issue an order, granting the prayer of the petitioners, and may tax the costs in said case, as said court shall deem just and right; and where said petition is brought by the scavengers, praying for the alteration of the bounds of their company, said order shall fix and establish the bounds of said company, embracing within the limits of said company so much of the respondents' lands as said court shall deem best. petition. Costs. SECT. 33. Whenever any alteration shall be made in the bounds of a drain company, according to the provisions of this act, and whenever any change shall be made, by sale or otherwise, in the |