majority of those benefitted; and
Sect. 6 for appeals, as in the case of highways.
By an act of 1857, this act was so far amended as to authorize the
application for the desired improvement, to be made to the Select-men of
the town, or the Mayor and Aldermen of the city, in case the lands over
which the improvement is desired are all situated in one town or city.
It is manifest certainly, that the State assumes power sufficient to
authorize any interference with private property that may be necessary
for the most extended and thorough drainage operations. The power which
may compel a man to improve his portion of a swamp, may apply as well to
his wet hill-sides; and the power which may open temporary passages
through lands or dams, without consent of the owner, may keep them open
permanently, if expedient.
LAND DRAINAGE COMPANIES.
Besides the charters which have at various times, for many centuries,
been granted to companies, for the drainage of fens and marshes, and
other lowlands, in modern times, great encouragement has been given by
the British Government for the drainage and other improvement of
high-lands. Not only have extensive powers been granted to companies, to
proceed with their own means, to effect the objects in view, but the
Government itself has advanced money, by way of loan, in aid of drainage
and like improvements.
By the provisions of two acts of Parliament, no less than $20,000,000
have been loaned in aid of such improvements. These acts are generally
known as PUBLIC MONEYS DRAINAGE ACTS. There are already four chartered
companies for the same general objects, doing an immense amount of
business, on _private_ funds.
It will be sufficient, perhaps, to state, in general terms, the mode of
operation under these several acts.
Most lands in England are held under incumbrances of some kind. Many are
entailed, as it is termed: that is to say, vested for life in certain
persons, and then to go to others, the tenant for life having no power
to sell the property. Often, the life estate is owned by one person, and
the remainder by a stranger, or remote branch of the family, whom the
life-tenant has no desire to benefit. In such cases, the tenant, or
occupant, would be unwilling to make expensive improvements at his own
cost, which might benefit himself but a few years, and then go into
other hands.
On the other hand, the remainder-man would have no right to meddle with
the property while th
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