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Any Party whose Lands may be injured by the Neglect to maintain the Banks or scour the Channels of existing Drains, &c. may require the Proprietors so neglecting to join in an effectual cleansing and maintaining thereof.
Mode of Proceeding in case of Refusal.
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LVIII. ‘And whereas by reason of the Neglect of or Want of Co-operation among the Proprietors or the Occupiers of Lands to maintain the Banks and cleanse and scour the Channels of existing Drains, Streams, or Rivulets lying in or forming the Boundaries of or leading to the Outfall from such Lands, much Injury is done thereto, and Improvement prevented, but sufficient Powers do not at present exist to remedy the Evil aforesaid;’ be it therefore enacted, That in all Cases where, by reason of the Neglect of any such Proprietor or Occupier to maintain the Banks or cleanse and scour the Channels of existing Drains, Streams, or Rivulets lying in or bounding the Lands of such Proprietor or Occupier, Injury shall be caused, it shall be lawful for the Proprietor or occupier, of any Land injured thereby to require the Proprietor or Occupier so neglecting as aforesaid, by a Notice in Writing delivered to him or left at his usual Place of Abode, to join in the effectual maintaining such Banks, or in the cleansing and scouring of the Channels of such Drains, Streams, or Rivulets, and in case he shall refuse effectually so to do, it shall be lawful for the Proprietor or Occupier of the Land to which such Injury shall be caused, immediately after the Expiration of Fourteen Days from the Service of such Notice as aforesaid, to proceed with the maintaining and repairing of such Banks, or the cleansing and scouring of such Channels as aforesaid, and to sue for and recover from such neglecting Proprietor and Occupier the entire or such just Proportion of the Expences attendant thereon as he may be liable to, by Civil Bill before the Assistant Barrister of the County wherein such Drain, Stream, or Rivulet, or the Part thereof which shall be cleansed and scoured, shall be, and as may be fixed and determined by such Assistant Barrister, who shall have Power to fix determine the same, and to award, in addition to the usual Costs, such further Costs to be paid by such Party and in such Manner as to him shall seem reasonable: Provided always, that in all such Cases when such Drain, Stream, or Rivulet shall not be a Boundary between the adjoining Lands of such Proprietors or Occupiers as aforesaid, it shall not be lawful for any such Proprietor or Occupier to proceed to maintain and repair the Banks, or cleanse and scour the Channel of such Drains, Stream, or Rivulet as last aforesaid, without a Warrant or Authority in Writing so to do from Two or more Justices assembled in Petty Sessions for the County or Counties wherein such Drain, Stream, or Rivulet, or the greater Part thereof, shall be situate, and which Warrant or Authority such Justices shall grant, if, upon Inquiry had before them, upon a Summons to be served upon the Proprietors or Occupiers of the Lands in which such Drain, Stream, or Rivulet shall be, and who shall have neglected to cleanse or scour the Channels, or maintain the Banks of same, it shall be proved that the Neglect so to do causes such Injury or prevents such Improvement.
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