persons who are not parties,
and for compensation to them for injuries occasioned by the
interference, and for appeal to the courts.

This statute gives, by no means, the powers necessary to compel
contribution to all necessary drainage, because, first, it is limited in
its application to "meadow, swamp, marsh, beach, or other low land." The
word _meadow_, in New England, is used in its original sense of flat and
wet land. Secondly, the statute seems to give no authority to open
permanent ditches on the land of others than the owners of such low
land, although it provides for temporary passages for the purposes of
"obtaining a view of the premises, or for the more convenient or
expeditious removal of obstructions _therein_"--the word "therein"
referring to the "premises" under improvement, so that there is no
provision for outfalls, under this statute, except through natural
streams.

By a statute of March 28, 1855, the Legislature of Massachusetts has
exercised a _power_ as extensive as is desirable for all purposes of
drainage, although the provisions of the act referred to are not,
perhaps, so broad as may be found necessary, in order to open outfalls
and remove all obstructions to drainage. As this act is believed to be
peculiar, we give its substance:

"An Act to authorize the making of Roads and Drains in certain cases.

"SECT. 1. Any town or city, person or persons, company or body
corporate, having the ownership of low lands, lakes, swamps, quarries,
mines, or mineral deposits, that, by means of adjacent lands belonging
to other persons, or occupied as a highway, cannot be approached,
worked, drained, or used in the ordinary manner without crossing said
lands or highway, may be authorized to establish roads, drains, ditches,
tunnels, and railways to said places in the manner herein provided.

"SECT. 2. The party desiring to make such improvements shall file a
petition therefor with the commissioners of the county in which the
premises are situated, setting forth the names of the persons
interested, if known to the petitioner, and also, in detail, the nature
of the proposed improvement, and the situation of the adjoining lands."

SECT. 3 provides for notice to owners and town authorities.

SECT. 4 provides for a hearing, and laying out the improvement, and
assessment of damages upon the respective parties, "having strict regard
to the benefits which they will receive."

SECT. 5 provides for repairs by a